HomeMy WebLinkAbout02-15-08
PETITION FOR PROB~L\TE AND GRANT OF LETTERS
REGISTER OF WILLS OF
COUNTY, PENNSYL VANtA
Estate of K ~/i i:1< V";
also known as l' tt-t:')l." N
i~~~
At:
File Number
J\-61)-61105
, Deceased
Social Security Number / q Cf- 01- L..j, -,3
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COll-fPLETE 'A I or 'B' BELOW:)
~ A. Probak ant.! Grant of Letters Testamentary and aver that Petitioner(s(G)t are the E Xe (!., () {() ~
last \I/ill of the Decedent dated M....., (f I l'f &f J and codicil(s) dated
named in the
(State relevant circumstances. e.g" renunciation, deatlt of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: r-.....:>
~O ~ -~.CJ
'lej:O ." Ffi C]
,0. "1:J ,........, ('-'
"IO "f 'C:'
(lj applicable. enter: c.t.a.; d.b.n.c.t.a.: pendente lite; durante absentia; d~~)f1fii(ritate)\.Q ~~.~ \~J
Petiti.o~er(s). after a proper search has / have ascertai.ne~ that I?ecedent left no Will and w.as survi:red by the fOllowingj~~ifany'fJnd he!~~:! ff
AdmulLstratlOll. c.t.a. or d.b./l.c.t.a., enter date of Will III SectIOn A above and complete list of heirs.) ') () ~ -0 . .- ::"~
-", r- :3t
-' :x-; N
~dmtce ..
o B, Grant of Letters of Administration
Name
Relationship
<~.~.I
. . .' I _)
(COij,JPLETE IN ALL CASES:) Attach additiollal sheets ifllecessary,
Decedent was domiciled at death in
CO VA)T({ tJ ~
(Ust street address, towl/lcily, township, caul
Decedent, then
'3 1 years of age, died on
Fe6.
I 2 .}'l18
.
Go L/JEN lll,IJM, ~"'If, CJtiMlfH-t\\ JIlt
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(Ifnot domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
~(!) d~()O
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Ty ed or rinted name and residence
S Jt-e'~ 1- /l 1:.....
FormRW-02 rev 10.13.06
Page 1 of2
Oath of Personal Representative
COiVEMONVJEALI'N OF PENNSYLVANIA
: SS
COUNTY Or��J.�b-P t` I C��CA
The PeUCirn,:;j;l eh,,ne-n cicd iacei or al'fon(s) that the statements in the foregoing Petition are hve and connect to the best of
thz kni».Ic :1 and bchul of Fell doue,is)and that,as personal representative(s)of the Decedent,Petitioner(s)will well and truly
administer the estate according to law.
N
O
n
Sworn to or affirmed and subscribed C O -*t >1
_o
Signaave afPersannl Repres' t
before me the 16 day of .7 q m
Sig rumu,nj N".)nai Representative e70 –0 t-f
V
CD . _
For the Register Sign(um-e p(Personn(Rep esentative
D
File Number:
Estate of Y rA- h PLk0 n Imo. u nA Deceased
Social Security Number: - Date of Death: 2 1 2. " 2.00 �}`/
AND NOW, ,-1-L.� in consideration of the foregoing Petition,satisfactory proof
having been presented before�me,IT I ECREED that Letters 7 , �/(�-Wi�
are hereby granted to e Pkj r) U(2�A
�` in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. II,,,,__� `
FEES 310, 00 �l �CIIYI, _ bcw
$ Register of Wr s Q r 0), Irv) "U'p
Letters ````
Short Certificate(s) . . . . . . . . $ 1-1 V U U Attorney Signature:
Renunciation(s) . . . . . . . . . . $
W 1` U $ IIII ./y( Attorney Name:
r) L d . . s l U•UO — Supreme Court I.D. No.:
$ - Address:
$
" $ Telephone:
$
TOTAL . . . . . . .. . . . . . . $
Farm R{K02 r,,,. 10.13.04
Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
~J~A(jfl1~~JJ/rh
L~cal Registrar / - T
-O!v1S
This is to certify that the information here given i:
correctly copied from an original Certificate of Deatl
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Records Office for permanent filing.
P 14288574
Certification Number
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Hlt15-1<43 REV 1112006
TYPE I PAI/T ..
PEJlMNlENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
(See Instn.lctlons and examples on reverse)
STATE FIlE NUMBER
d lli/tJ(
Date Issued
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March 1, 1920
Wiconisco
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DisposilIon PanniI No.
Q:\OFFICE\WPWIN\WlllS\REAMKA TH.Wll
May 18, 1998
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LAST WILL AND TESTAMENT
OF
KATHERYN REAM
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I, KATHERYN REAM, of Mechanics burg, Cumberland County, Commonwealth
of Pennsylvania, which I declare to be my domicile, do hereby make, publish, and
declare this to be my LAST WILL AND TESTAMENT, hereby revoking all Wills and
Codicils at any time heretofore made by me.
FIRST: IDENTIFICATION OF FAMILY. I declare that I am married to
EDWARD REAM and that there are two (2) livin~ildren of this marriage whose
names are: STEPHEN PAUL REAM and TONI ~ THUMMA. As used in this Will,
the terms "my spouse" or "my husband" shall mean only EDWARD REAM. As used
in this Will, the term "my children" refers to all my then living natural children. As
used in this Will, the term "issue" refers to all lineal descendants of the indicated
person of all generations, with the relationship of parent and child at each generation
determined by the definition of "children" set forth in this paragraph.
SECOND: PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize
my executor to pay all the expenses of (1) a funeral or memorial service; (2) the
interment of my remains, including costs of a gravesite, if necessary; and (3) the
installation and inscription of a suitable marker at, and perpetual care of, the
gravesite. I further direct my executor to pay all of my lawful debts that my executor
in his or her sole discretion may allow as claims against my estate.
THIRD: DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give
all of the tangible personal property of every kind and description, including, but not
limited to, personal effects, automobiles and their accessories, furniture, furnishings,
household goods, clothing, and jewelry, together with all policies of insurance thereon,
but excluding any cash, evidences of indebtedness, documents of title, and securities
and property used in connection with the operation of a trade or business, owned by me
~~I g~-, -
, . - thery Ream
Page 1 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
.
.
..
at the time of my death, and not otherwise disposed of herein, to my Husband, or if he
shall fail to survive me, and any child of mine survives me, I direct my executor to
divide my tangible personal property into two parts. The first part shall contain all
items that my executor determines, after consulting with my children, to be of no
present or future value or use to my children. The second part shall contain the
balance of the property. My executor shall dispose of the first part by sale,
abandonment, destruction, or gift to any charity or person. The proceeds of any sale
shall be added to my residuary estate. All property in the second part I give and
bequeath as follows:
1. I give and bequeath thirty percent (30%) of my personal estate to my son,
STEPHEN PAUL REAM of Brookhaven, Pennsylvania, or in the event he is
not living, then to his issue, per stirpes;
2. I give and bequeath thirty percent (30%) of my personal estate to my daughter,
TONI R. THUMMA, of Carlisle, Pennsylvania or in the event she is not living,
then to her issue, per stirpes;
3. I give and bequeath ten percent (10%) of my personal estate to my grandson,
MARK REAM of Rocky Mount, North Carolina or in the event he is not living,
then in equal shares to my then living grandchildren as mentioned in this
paragraph;
4. I give and bequeath ten percent (10%) of my personal estate to my grandson,
JOHN THUMMA, of Carlisle, Pennsylvania, or in the event he is not living,
then in equal shares to my then living grandchildren as mentioned in this
paragraph;
5. I give and bequeath ten percent (10%) of my personal estate to my
granddaughter, KATHRYN THUMMA, of Carlisle, Pennsylvania, or in the
event she is not living, then in equal shares to my then living grandchildren as
mentioned in this paragraph;
~'-~-
Ka eryn eam
Page 2 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
6. I give and bequeath ten percent (10%) of my personal estate to my
granddaughter, SONJA COMEGNA, or in the event she is not living, then in
equal shares to my then living grandchildren as mentioned in this paragraph;
Ifno agreement is reached within sixty (60) days after my death, all property in
the second part shall be divided among all of my children and grandchildren in such
manner as my executor shall direct. The decision of my executor shall be conclusive
and binding on all persons interested in my estate.
I direct that any expenses incurred in obtaining possession, appraising,
safeguarding, delivering, or selling such property be paid from my estate as an
administration expense.
FOURTH: DISPOSITION OF RESIDUARY ESTATE.
A. Disposition to Spouse. All of the rest, residue and remainder of
the property that I own at the time of my death, both real and personal, and of every
kind and description, wherever situated, to which I may be legally or equitably entitled
at the time of my death (my "residuary estate"), I give outright and absolutely to my
spouse, if he survives me.
B. Possible Disclaimer Trusts. If my spouse survives me but
validly disclaims a portion or all of the residuary estate to which he is entitled under
this Article, I give such disclaimed portion of my estate, in trust to the trustee named
in Article "NINETEENTH" below, to take possession, control, and management of the
disclaimed property, to invest and reinvest it, to collect and receive any income and,
after deducting all proper expenses of the trust, to dispose of the net income and the
principal as follows:
1. Unified Credit Trust. For this Unified Credit Trust, I give
to my trustee the largest amount that can pass free of federal estate tax by reason of
the unified credit, the state death tax credit and any other estate tax credits allowed
by the Internal Revenue Code; provided, however, that (1) the state death tax credit
~)~
Katheryn. eam
Page 3 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
shall be taken into account only to the extent that it does not result in an increase in
state death taxes which would otherwise be payable; (2) the sum disposed of by this
Article shall be reduced by the value of property which passes outside the terms of this
Will or which passes under other Articles of this Will and which does not qualify for the
estate tax charitable or marital deductions; and (3) the sum disposed of by this Article
shall be reduced by charges against the principal of my estate which do not qualify as
federal estate tax deductions. In making the computations necessary to determine the
amount of this pecuniary bequest, valuations and credit amounts as finally determined
for federal estate tax purposes shall control. I direct my trustee to hold, administer
and distribute the trust as follows:
a. During the lifetime of my spouse, my trustee shall pay
to or for the benefit of my spouse, in quarterly or more frequent installments, all of the
net income of the trust.
b. During the lifetime of my spouse, my trustee, in its sole
and absolute discretion, may also pay to or for the benefit of my spouse such portions
of the principal of the trust as my trustee deems advisable to liberally provide for my
spouse's health, support and maintenance after taking into account his other resources.
c. During the lifetime of my spouse, my trustee, in its sole
and absolute discretion, may also pay to or apply for the benefit of any child or children
of mine such portions of the principal of the trust as my trustee deems advisable to
liberally provide for such child or children's health, support, maintenance and
education (including higher and special education); provided, however, that no such
principal invasion shall be made for the benefit of any child or children of mine until
my spouse's health, support and maintenance shall first have been adequately provided
for.
~)~-
Katheryn eam
Page 4 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
d. My Husband is authorized, at any time and from time
to time, upon written notice delivered to my trustee, to withdraw from trust principal
an amount or amounts not to exceed, in the aggregate, five thousand dollars
($5,000.00) per year or five percent (5%) of the principal market value of the trust per
year, whichever is greater, as determined on the last day of the calendar year during
which such withdrawal is made. The right of withdrawal shall be non-cumulative.
e. Upon the death of my Husband, my trustee shall
divide the remaining trust principal in the following manner: (1) thirty percent (30%)
to my son, STEPHEN PAUL REAM, or in the event he is not then living then to his
then living issue, per stirpes; (2) thirty percent (30%) to my daughter, TONI R.
THUMMA, or in the event she is not then living then to her then living issue, per
stirpes; (3) ten percent (10%) to my granddaughter, KATHRYN THUMMA; (4) ten
percent (10%) to my granddaughter, SONJA COMEGNA; (5) ten percent (10%) to my
grandson, JOHN THUMMA; and (6) ten percent (10%) to my grandson, MARK
REAM. In the event any of my grandchildren are not living on the date of my death,
their share of the residue of my estate shall be distributed equally to my then living
grandchildren as outlined in this paragraph
(1) My trustee shall distribute the shares of each
child and grandchild of mine then living to that child or grandchild, provided, however,
that in the event any grandchild of mine shall be under the age of twenty-one (21), my
trustee shall hold that grandchild's share in a separate trust for the benefit of that
grandchild, to be administered and distributed as provided in Article "SIXTH",
Paragraph "A".
(2) My trustee shall hold the share of each deceased
child of mine, who leaves a child or children (my "grandchild" or "grandchildren") then
living, and under the age of twenty-one (21) in separate trusts for the benefit of each
~J~)~/
ther Ream
Page 5 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
grandchild, to be administered and distributed as provided in Article "SIXTH", of the
Will.
2. Marital Trust. For this Marital Trust, I give all the rest,
residue and remainder of the disclaimed property, of every kind and nature and
wheresoever situated, whether real or personal, to my trustee to be held, administered
and distributed as follows:
a. My trustee shall pay to or for the benefit of my
Husband all of the net income from the trust in quarterly or more frequent
installments so long as he shall live.
b. My trustee, in its sole and absolute discretion, may
also pay to or apply for the benefit of my Husband such portions of the principal of the
trust as my trustee deems appropriate to liberally provide for my Husband's health,
support and maintenance after taking into account his other resources.
c. Upon the death of my Husband, my trustee shall
distribute the principal of the trust to or for the benefit of one or more persons or
organizations as my Husband may appoint by specific reference thereto in his Last Will
and Testament, admitted to probate. Such appointment may be outright or in trust
and includes the right of my Husband to appoint such property to his estate.
d. If my Husband shall fail to exercise the power of
appointment, in whole or in part, then upon the death of my Husband, my trustee shall
divide the remaining trust principal, or the part thereof as to which the power of
appointment was not validly exercised, in the following manner: (1) thirty percent
(30%) to my son, STEPHEN PAUL REAM, or in the event he is not then living then
to his then living issue, per stirpes; (2) thirty percent (30%) to my daughter, TONI R.
THUMMA, or in the event she is not then living then to her then living issue, per
stirpes; (3) ten percent (10%) to my granddaughter, KATHRYN THUMMA; (4) ten
percent (10%) to my granddaughter, SONJA COMEGNA; (5) ten percent (10%) to my
~~,
Katheryn earn
Page 6 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH.WIL
May 18, 1998
grandson, JOHN THUMMA; and (6) ten percent (10%) to my grandson, MARK
REAM. In the event any of my grandchildren are not living at the time this trust is
to be distributed, their share of the trust estate shall be equally distributed to my then
living grandchildren as outlined in this paragraph.
(1) My trustee shall distribute the shares of each
grandchild of mine then living to that grandchild, provided, however, that if any
grandchild of mine shall then be under the age of twenty-one (21), my trustee shall
hold that grandchild's share in a separate trust for the benefit of that grandchild, to
be administered and distributed as provided in Article "SIXTH", Paragraph "A".
(2) My trustee shall hold the share of each grandchild
of mine then living, in separate trusts for the benefit of each grandchild, to be
administered and distributed as provided in Article "SIXTH", of the Will.
FIFTH: DISPOSITION WHEN SPOUSE NOT LIVING. Ifmy Husband does
not survive me, I leave all of the rest, residue, and remainder of the property that I
own at the time of my death, both real and personal, and of every kind and description,
wherever situate, to which I may be legally or equitably entitled at the time of my
death (my "residuary estate") to my children and grandchildren as follows: (1) thirty
percent (30%) of my residuary estate to my son, STEPHEN PAUL REAM, or in the
event he is not then living then to his then living issue, per stirpes; (2) thirty percent
(30%) of my residuary estate to my daughter, TONI R. THUMMA, or in the event she
is not then living then to her then living issue, per stirpes; (3) ten percent (10%) of my
residuary estate to my granddaughter, KATHRYN THUMMA; (4) ten percent (10%)
of my residuary estate to my granddaughter, SONJA COMEGNA; (5) ten percent
(10%) of my residuary estate to my grandson, JOHN THUMMA; and (6) ten percent
(10%) of my residuary estate to my grandson, MARK REAM. In the event any of my
grandchildren as outlined above are not living on the date of my death, their share
shall be distributed equally to my then living grandchildren as outlined in this
~h1 .nJ ~
Katheryn ~eam
Page 7 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
paragraph. In the event any grandchild of mine shall be under the age of twenty-one
(21) at the time of distribution to him or her, then their share shall be given IN TRUST
to be administered and distributed as provided in Article "SIXTH", Paragraph "A'I of
this Will.
SIXTH: SEPARATE TRUSTS FOR GRANDCHILDREN. If my trustee shall
receive any amount on behalf of any grandchild of mine (hereinafter sometimes
referred to as "beneficiary"), pursuant to the provisions of Articles "FOURTH" or
"FIFTH" of this Will, I direct that my trustee shall hold the amount received in trust,
and shall administer and distribute that grandchild's trust in the following manner:
A. Until said grandchild shall reach the age of twenty-one (21) my
trustee shall pay to or apply for the benefit of each grandchild all of the net income of
their respective trusts in quarterly or more frequent installments.
B. I authorize my trustee to payor apply principal of the trusts,
at any time, to or for the benefit of such grandchild, even to the point of exhausting
trust principal, in such amounts as my trustee, in its absolute discretion, deems
necessary or advisable to provide for the support, maintenance, education and health
of such grandchild. For example, but not by way of limitation, my trustee may payor
apply trust principal, in my trustee's absolute discretion, for expenses customarily
related to assist in purchasing a primary residence, to assist in purchasing a business,
or to assist in entering a trade or profession. In determining the amount of principal
to be disbursed, my trustee shall take into consideration any other resources available
to such grandchild.
C. Upon the beneficiary reaching the age of twenty-one (21), the
trust for such grandchild shall terminate and my trustee shall distribute to such
grandchild all of the trust assets remaining on hand.
~t~~
Ka heryn earn
Page 8 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH.WIL
May 18,1998
D. If the beneficiary dies before reaching age twenty-one (21)
my trustee shall distribute the trust principal in equal shares to my then living
grandchildren as mentioned in this Will, provided that in the event that any
grandchild is under the age of twenty-one (21) years then his or her share shall be held
IN TRUST to be administered and distributed as provided in this Article.
SEVENTH: TRUSTEE'S JUDGMENT FINAL. The judgment of the trustee
as to the amount of payments or applications of principal or income pursuant to this
Paragraph shall be final and conclusive on all persons interested, or who may become
interested, in the trust estate. On making any payments or applications of principal,
the trustee shall be fully released and discharged from all further liability or
accountability.
By way of explanation and example and not by way of limitation, the trustee's
power and authority to make discretionary payments to or for my grandchildren may
include expenditures for basic maintenance and support; elementary or secondary
education; post-secondary technical or vocational training; college, postgraduate, and
professional study; and assistance in connection with marriage, acquisition and
furnishing of a home, and commencing a business or profession. These payments may
be made as the trustee thinks suitable for each grandchild, in light of the needs,
aptitude, and separate estate of the grandchild and the value and expected duration
of the trust from which the payments are to be made.
EIGHTH: SPENDTHRIFT PROVISION. No beneficiary of any trust
created hereunder shall have any right or power to sell, assign, convey, mortgage,
pledge, anticipate, hypothecate, or otherwise dispose of any right, title, or interest that
the beneficiary may acquire in the income or principal of the trust estate until the
income or principal has actually been paid over to the beneficiary by the trustee. Nor
shall the income or principal of the trust estate, or any part of it, or any interest of any
beneficiary under this Will be liable for, or to any extent subject to, any debts of any
~;r~) A ~~
her Rea~
Page 9 of 23
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kind or nature incurred or contracted by any beneficiary, either before or after my
death. Any right granted to a beneficiary to receive or withdraw assets of any such
trust estate, either principal or income, for the beneficiary's own use and benefit shall
not be available for the satisfaction of any claims of the creditors of the beneficiary.
Any right of receipt or withdrawal shall be suspended and may not be exercised by any
beneficiary on the filing of a proceeding in bankruptcy in which the beneficiary is
debtor. The suspension shall be continued during bankruptcy proceedings and shall
be restored only after the entry of a final order of discharge of the beneficiary as debtor.
NINTH: RULE AGAINST PERPETUITIES. Notwithstanding anything in
this Will to the contrary, I direct that no trust created hereunder shall continue for a
period longer than permissible under my domiciliary state's Rule Against Perpetuities,
and upon the expiration of such period, each such trust shall terminate and the assets
thereof shall be distributed outright to those persons then in being who would be
entitled to receive the trust principal from that trust at the time of the termination
specified.
TENTH: JOINING OF TRUSTS. If at the termination of any trust created
under this Will any part of the trust principal is to be distributed to a person who shall
then be the beneficiary of any other trust created under this Will, I direct that such
person's part of the trust principal be added to his or her trust, to be administered and
distributed as an integral part thereof.
ELEVENTH: POWERS OF ADMINISTRATION. I confer upon my executors
and upon any trustee serving under this Will all powers granted to fiduciaries under
the laws of the Commonwealth of Pennsylvania, whether my estate is administered in
the Commonwealth of Pennsylvania or elsewhere.
In addition to the powers granted by law, I authorize my executors or other legal
representatives of my estate and any trustee serving under this Will:
~~
. ther Ream
Page 10 of23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WI L
May 18.1998
A. To accept additions to my estate or to any trust under my Will from
any source.
B. To acquire the remaining undivided interest in property of my
estate or trust in which my executor or trustee, in fiduciary capacity, holds an
undivided interest.
C. To invest and reinvest the assets of my estate or any trusts created
under this Will in securities or in real or personal property, whether within or outside
of Pennsylvania or the United States, without the need for diversification as to kind
or amount and without being limited to investments authorized by law for fiduciaries.
More specifically, but not by way of limitation, I authorize and empower such executors
or trustee to:
1. Invest in discretionary common trust funds, mutual funds,
investment trusts, unsecured obligations, stocks, bonds, and real estate.
2. Retain as long as such executors or trustee deem proper any
real or personal property or any stocks, bonds, notes or other securities (including
securities issued by my corporate fiduciary) which I own at my death or which are
subsequently acquired.
D. To effect and keep in force fire, rent, title, liability, casualty or
other insurance to protect the property of the estate or trust and to protect the
fiduciary.
E. With respect to any property, real or personal, or any estate therein
owned by my estate or trust, except where such property or any estate therein is
specifically disposed of:
1. To take possession of, collect the rents from and manage the
same.
2. To sell the same at public or private sale, and upon such
terms and conditions, including credit, as to my fiduciary shall seem advisable.
7-!:H.~~
k--;'iher Ream Page 11 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKATH.WIL
May 18,1998
3. To lease, mortgage, partition, or subdivide the same, even
where the terms of such lease or mortgage shall extend beyond the administration of
my estate or the term of any trust.
4. To abandon property which does not have sufficient economic
value, in my executors' or my trustee's judgment, to make it worth protecting.
5. To repair or improve the same.
6. To grant options for the sale of same for a period not
exceeding six (6) months.
F. With respect to any mortgage held by the estate or trust, to
continue the same upon and after maturity, with or without renewal extension, upon
such terms as the fiduciary deems advisable, or to foreclose, as an incident to collection
of any bond or note, any mortgage securing such bond or note, and to purchase the
mortgaged property or acquire the property by deed from the mortgagor in lieu of
foreclosure.
G. To employ any bank or trust company incorporated in the state of
my domicile, any national bank located in the state of my domicile or any private
banker duly authorized to engage in business in the state of my domicile as custodian
of any stock or other securities held as fiduciary, and the cost thereof, except in the
case of a corporate fiduciary, shall be a charge upon the estate or trust.
H. To cause any stock or other securities to be registered and held in
the name of a nominee.
1. In the case of the survivor of two or more fiduciaries, to continue
to administer the property of the estate or trust without the appointment of a successor
fiduciary.
J. As substitute or successor fiduciary, to succeed to all of the powers,
duties and discretion of the original fiduciary, with respect to the estate or trust, as
were given to the original fiduciary.
~~)~-
ther earn
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K. To contest, compromise or otherwise settle any claim in favor of the
estate, trust or fiduciary or in favor of third persons and against the estate, trust or
fiduciary, or to submit the same to arbitration, without judicial approval.
L. With respect to any shares of stock or other securities owned by my
executors or by any trustee:
1. To vote or refrain from voting, in person or by proxy,
discretionary or otherwise, such shares of stock or other securities.
2. To pay calls, assessments and any other sums chargeable or
accruing against or on account of shares of stock, bonds, debentures or other corporate
securities, whenever such payments may be legally enforceable against the fiduciary
or any property of the estate or trust or the fiduciary deems payment expedient and for
the best interests of the estate or trust.
3. To sell or exercise stock subscription or conversion rights,
participate in foreclosures, reorganizations, consolidations, mergers, or liquidations
and to consent to corporate sales, leases and encumbrances.
M. To execute and deliver agreements, assignments, bills of sale,
contracts, deeds, notes, receipts and any other instruments necessary or appropriate
for the administration of the estate or trust.
N. In the case of a trustee, to hold the property of two or more trusts
or parts of such trusts created by the same instrument as an undivided whole without
separation as between such trusts or parts, provided that such separate trusts or parts
shall have undivided interests and provided further that no such holding shall defer
the vesting of any estate in possession or otherwise.
O. To make distribution in cash, in kind valued at fair market value
of the property at the date of distribution, or partly in each, without being required to
make pro rata distributions of such property.
~J7::a A -<<~-'
Kathery Ream
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Q:\OFFICE\WPWIN\WlllS\REAMKA TH.Wll
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P. To pay all reasonable and proper expenses of administration from
the property of the estate or trust, including any reasonable counsel fees which the
fiduciary may incur.
Q. To employ and remunerate agents to perform necessary services for
the estate or for any trust created thereunder such as, but not limited to, accountants,
attorneys, investment advisors, actuaries, appraisers and custodians.
R. To borrow in the name of my estate or trusts from themselves or
others and secure such loans by mortgage, note, or pledge, at prevailing rates of
interest.
S. To claim administrative expenses of my estate either as income tax
deductions or as estate tax deductions, in my executor's sole discretion, without regard
to whether such expenses are payable from income or principal, and without the
necessity of making adjustments or reimbursements between principal and income or
among the property interests of the various beneficiaries of my estate. I exonerate my
executors from any liability arising from the claim of a beneficiary of my estate whose
entitlement under the terms of my Will has been diminished by my executors'
elections.
T. To execute, file and deliver proofs of claim or receipts required to
collect all policies of life insurance on my life which name my estate or any trust
created hereunder as beneficiary; elect any optional modes of settlement available
under such policies; receive, administer and distribute the proceeds of such policies in
accordance with the dispositive provisions of this Will. The receipt of my executor or
my trustee shall constitute full acquittance to any insurance company for policy
proceeds paid.
U. To terminate and distribute outright to the income beneficiaries
thereof the assets of any trust which, in the opinion of my trustee, has become so small
~~~~
theryn Re~m
Page 140f23
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May 18,1998
that it is uneconomic and not in the best interests of the trust beneficiary or
beneficiaries to continue.
V. To allocate, in their sole and absolute discretion, any amount of the
exemption from generation skipping taxes allowed under Internal Revenue Code,
Section 2631(a), to property of which I am the transferor, including property
transferred during my lifetime to which no allocation has previously been made,
without the necessity of making adjustment or reimbursement to any person or trust
as a result of such allocation.
W. To combine trusts having substantially identical terms and with
the same beneficiary or beneficiaries, whether created under the terms of my Will or
my spouse's, to be administered and distributed as a single trust.
X. To join with my surviving spouse or the executor of my Will in the
execution and filing of:
1. A joint income tax return for any period prior to my death
for which I have not filed a return and to agree as to the apportionment of any joint tax
liability.
2. A gift tax return on gifts made by my surviving spouse and
to consent to treat such gifts as being made one-half(lh) by me, for any period prior to
my death.
TWELFTH: DISTRIBUTION TO MINORS AND PERSONS UNDER
DISABILITY. Except as otherwise provided for herein, if any of my Estate or trust
principal or income shall vest in absolute ownership in a minor, an incompetent, or
who in the fiduciaries' judgment is incapacitated, my executor or trustee shall have the
authority, in my executor's or trustee's discretion, and without court authorization, to
make distributions or payments in anyone or more of the following ways: (1) directly
to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the
beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any
:XC:ti~..,., {~
Katheryn earn Page 15 of 23
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May 18,1998
custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any
law related to gifts to minors, including to my fiduciaries in that capacity; (6) to apply
part or all of the beneficiaries property for the beneficiaries health, education,
maintenance, support or welfare; or (7) to any other person who shall have the care
and custody of the person of the beneficiary. My executor or trustee shall be entitled
to be paid at the same rate as testamentary trustees under the state law of my domicile
for the holding and managing of property pursuant to this Article of my Will. My
executor shall account in the same manner as trustees and shall not be required to
render or file annual accountings with respect to the properties so held and
administered for such beneficiaries. Nothing contained in this Article shall operate to
suspend the absolute vesting of the share of any such beneficiary of my estate or any
trust. Undistributed income may be accumulated and may from time to time be added
to principal.
THIRTEENTH: PAYMENT OF DEATH TAXES. My estate, inheritance,
succession, transfer or other death taxes shall be paid as follows:
A. If my Husband shall survive me, I direct that all estate,
inheritance, succession, transfer or other death taxes assessed by any taxing authority,
whether foreign or domestic, in respect of all property taxable by reason of my death
or by reason of the inclusion of such property in my gross estate for estate tax purposes,
be paid, without apportionment, out of my residuary estate established under
paragraph A of Article FOURTH of this Will.
B. However, if my Husband shall survive me, and validly disclaims
a portion or all of my estate, I direct that all estate, inheritance, succession, transfer
or other death taxes assessed by any taxing authority, whether foreign or domestic, in
respect of all property taxable by reason of my death or by reason of the inclusion of
such property in my gross estate for estate tax purposes, be paid, without
~~
Katheryn earn
Page 16 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
of the following amounts: (1) the largest amount, if any, of my residuary estate that
would result in no federal estate liability tax in either of our estates; or (2) the largest
amount, if any, needed to equalize the federal estate tax liability in each of our estates.
FIFTEENTH: APPOINTMENT OF EXECUTOR. I nominate and appoint
my spouse, my son, STEPHEN PAUL REAM executor of this, my Will.
SIXTEENTH: APPOINTMENT OF TRUSTEES. I nominate and appoint my
spouse, EDWARD REAM and FARMERS BANK AND TRUST, as the initial co-
trustees of any trusts created under this Will. If my spouse shall not serve as co-
trustee for any reason or shall cease to serve as co-trustee for any reason, he shall not
be replaced. In regard to the above nomination of co-trustees, the following shall apply:
A. A co-trustee may at any time or from time to time by instrument in
writing executed by the co-trustee and delivered to the other co-trustee, delegate to the
other co-trustee all of the powers conferred on or otherwise vested in the co-trustees
jointly; provided, however, that no discretionary power may be delegated to a co-trustee
who is otherwise prohibited from exercising such power under other provisions of this
instrument. The written instrument evidencing an exercise of this right of delegation
shall contain a statement as to the period of time during which the delegation shall be
effective. On the expiration of the delegation period, the co-trustee shall be restored
to their original position in the administration of the trust estate. A co-trustee
executing a delegation of powers as described shall incur no liability or responsibility
whatsoever for any loss or other consequence to the trust estate that may result from
any action or inaction of the co-trustee during the period that the delegation of
authority is in effect.
B. My individual co-trustee shall have the absolute and unrestricted right
to remove my corporate co-trustee at any time she or he shall determine and name
another co-trustee, provided that in the case of such removal, the successor trustee
appointed by the individual co-trustee shall be someone other than a related or
~Xam~ Page 18of23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH.WIL
May 18,1998
subordinate party of the individual co-trustee or beneficiaries of the trusts. Related
and subordinate party shall be defined as set forth in Internal Revenue Code g672(c).
C. Any co-trustee may resign from the position of trustee by executing a
written resignation and delivering it to the other co-trustee, and the successor co-
trustee. The date of delivery of the resignation shall be the effective date of the
resignation. No court action or other proceeding shall be necessary for the resignation
of a co-trustee.
D. A person shall be disqualified from acting as a trustee (1) if found by
a court of competent jurisdiction to be incapacitated; or (2) if, on receipt of a written
request from an adult beneficiary or a co-trustee or successor co-trustee of the trust for
a written certification from a qualified physician that upon examination the physician
finds the person mentally or physically capable of properly handling his or her business
affairs, the person does not obtain a written certification within thirty days after
receipt of the request.
E. No bond shall be required of any co-trustee named in this will.
F. Every title, estate, right, authority and discretion vested in or
conferred on any initial co-trustee under this Will shall likewise become and be vested
in and may be exercised by any successor trustee.
G. No co-trustee who is a beneficiary hereunder shall ever participate in
(1) the exercise of, or decision not to exercise, any discretion to pay income or principal
to or to apply income or principal for the benefit of, any beneficiary (including
discretion to allocate funds among a group of beneficiaries and discretion to accumulate
income), (2) the determination whether a beneficiary is disabled, (3) the decision to
terminate any trust hereunder, (4) the exercise of discretion to allocate receipts or
expenses between principal and income, (5) decisions to exercise tax options or (6) the
selection of the property to be allocated to the marital deduction trust.
~~
ther Ream
Page 19 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
H. The corporate fiduciary acting herein shall be compensated at the
rates from time to time specified in its published schedule of fees. Any individual
fiduciary, except my spouse, shall be entitled to compensation equal to 33 1/3% of the
compensation payable to the corporate fiduciary, or, if more than one individual is
being compensated, such individuals shall be entitled to divide equally compensation
equal to 50% of the compensation payable to the corporate fiduciary. Compensation
payable to any individual fiduciary shall be in addition to that payable to the corporate
fiduciary.
SEVENTEENTH: NO BOND REQUIRED. I direct that no executor, trustee
or other legal representative of my estate shall be required to furnish any bond or other
security in any jurisdiction.
EIGHTEENTH: LIABILITY OF TRUSTEE AND EXECUTOR. My executor
and trustee shall not at any time be liable for mistake of law or of fact, or both law and
fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will,
or to any other persons, except through actual fraud or willful misconduct on the part
of the executor or trustee. My executor or trustee may, from time to time, consult with
counsel with respect to the meaning, construction, and operation of this Will,
particularly with respect to the appointments, allocations, and disbursements, and
may act on the advice of counsel in all matters without incurring liability on account
of his or her actions.
NINETEENTH: INTERPRETATION.
A. Terms. Throughout this Will I direct that the term "give" shall be
deemed to include the term "bequeath" or "devise" when appropriate.
B. Bond Not Required. I direct that no executor, trustee or other legal
representative of my estate shall be required to furnish any bond or other security in
any jurisdiction.
t:::~~
Page 20 of 23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WIL
May 18,1998
...
C. Will Not Contractual. My spouse and I are executing Wills at
approximately the same time, in which each of us is the primary beneficiary of the Will
of the other. These Wills are not being executed pursuant to any contract to make a
Will or any contract not to revoke a Will. The Will of each of us is revocable at any
time, whether before or after the death of the other spouse, at the sole discretion of the
spouse making the Will.
D. Successors of Fiduciaries. All pronouns referring to an executor
or trustee and the terms "executor" and "trustee" shall be construed to mean any
person acting as my executor, trustee, or administrator with will annexed, as the case
may be.
E. Number and Gender. If required by the context of this Will,
singular language shall be construed as plural, plural language shall be construed as
singular, and the gender of personal pronouns shall be construed as either masculine,
feminine, or neuter.
F. Headinlrs. All headings used in this Will to describe the contents of
each article, paragraph, or other division are provided for convenience only and shall
not be construed to be a part of this Will.
G. Governing Law. This Will shall be construed in conformity with the
law of the Commonwealth of Pennsylvania.
~~
Page 21 of23
Q:\OFFICE\WPWIN\WILLS\REAMKA TH. WI L
May 18,1998
..
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my
Last Will and Testament, consisting of twenty-three (23) typewritten pages, the first
twenty-one (21) of which bear my signature in the margin for the purpose of
identification, this 18th day of May, 1998.
:;zf~) /!4./YA.J
itiTHE YN REAM, Testatrix
Signed, sealed, published and declared by the above-named Testatrix,
KATHERYN REAM, as and for her Last Will and Testament, in the sight and
presence of us, who, at her request, in her sight and presence and in the sight and
presence of each other, have hereunto subscribed our names as witnesses.
I~ 1f-
/1 .
Clfb,u '(l ~ ( chClJl d
Address 2.-351 ~ jjyzd-
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~f) I~l/ / fA-- /7tf21
Address d3S( fJ[()At,vf lt1~j l-
earn () fJd! f?4 110 I (
I ,
COMMONWEALTH OF PENNSYLVANIA )
: ss:
COUNTY OF CUMBERLAND )
I, KATHERYN REAM, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW,
DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS
MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED
IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY KATHERYN
REAM, THE TESTATRIX, THIS 18TH DAY OF MAY, 1998.
3
Q:\OFFICE\WPWIN\WILLS\REAMKATH. WIL
May 18,1998
..
..
COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF C )
WE, ('~b.Ze~AND Lon A. (ZlChard ,
THE WITN SES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT,
BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE
PRESENT AND SAW THE AFORESAID TESTATRIX SIGN AND EXECUTE THE
INSTRUMENT AS HER LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGLY
AND THAT SHE EXECUTED IT AS HER FREE AND VOLUNTARY ACT FOR THE
PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT
OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF
OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE
INFLUENCE.
~WORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS ! fhnAY
OF f~ ,1998.
Page 23 of 23