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Home My WebLink About12-31-081N THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA LOUISE V. COOK, ORPHANS' COURT DIVISION :DECEASED NO. 2008-00656 INSTRUMENT OF DISCLAIMER THIS INSTRUMENT, made as of the 31S` day of October, 2008, by RANDALL C. COOK, LAURA L. COOK, MICHAEL R. COOK, STEPHEN N. CHRISTAKOS, and SUSAN L. COOK, all adult individuals, and by Susan L. Cook as parent and natural guardian for her minor childr en, _; '~~ ~.. THOMAS N. CHRISTAKOS and JENNIFER L. CHRISTAKOS (collectively, the ~- - <: v; "Disclaimants"}, --- WITNESSETH: _;; °~ THE CIRCUMSTANCES leading up to the execution of this Instrument are as follar~'s: 1. Louise V. Cook (the "Decedent"), late of Upper Allen Township, Cumberland County, Pennsylvania, died testate on May 31, 2008. The Decedent was survived by her three children, Roderick W. Cook, III, Randall C. Cook, and Susan L. Cook (collectively, the "C'hildren"), and by her five grandchildren: Laura L. Cook and Michael R. Cook, the children of Randall; and Stephen N. Christakos, Thomas N. Christakos, and Jennifer L. Christakos, the children of Susan. 2. Susan L. Cook and Manufacturers and Traders Trust Company (collectively, the "Executors") have received Letters Testamentary from the Register of Wills of Cumberland County, for the administration of the Decedent's probate estate (the ``Estate") -1- By the terms of the Decedent's Last Will and Testament, dated November 16, 2004 I;the "Will"), the Decedent gave the residue of the Estate to the trustee of the below-described "Crust Agreement. 4. By that certain Trust Agreement, originally dated January 18, 1972, as most recently amended and restated in its entirety on November 16, 2004 (the "Trust Agreement"), the Decedent, as settlor, established a revocable trust (the "Trust") with Manufacturers and Traders Trust Company, as trustee ("M&T"} 5. Article VI (1} of the Trust Agreement provides that, upon the death of the settlor, Susan L. Cook is to be an additional trustee. On June 19, 2008, Susan L. Cook, as Co-Trustee, executed that certain Acceptance of Appointment as Co-Trustee, a copy of which is attached hereto as Exhibit "A", and incorporated herein by this reference. Therefore, M&T and Susan L. Cook are Co-Trustees of the Trust (collectively, the "Trustees") 6. Article V of the Trust Agreement provides that, upon the death of the Decedent, the mist property, including all assets received from the Estate, is to be divided equally among the Children, as follows: Trust Estate to Settlor's Issue. Upon the death of the Settlor, the Trust Estate (which shall include any property which maybe added from the Settlor's general estate) shall be paid over and distributed to the Settlor's then surviving children, Roderick W. Cook, III, Susan L. Cook, and Randall C. Cook, in equal shares, provided, however, the then living issue of a deceased child of the Settlor shall take per stirpes the share their parent would have taken had he or she survived the Settlor, or in default of issue (i.e., if none of the Settlor's children or lineal descendants survive her) then to the American Heart Association, without restriction as to use; and further provided that the share passing to Roderick W. Cook, III shall immediately vest in him, but notwithstanding the provisions herein, the Trustee shall retain possession of this share in trust for Roderick W. Cook, III. The Trustee shall use so much of the net income and principal of this trust as the Trustee deems necessary to provide fox his medical care, education, support and maintenance in reasonable comfort, taking into -2- consideration to the extent the Trustee deems advisable any other income or resources of the beneficiary known to the Trustee. Any income not so paid or applied shall be accumulated and added to principal. Upon the death of Roderick W. Cook, III, the then-remaining principal and income of this trust shall be paid to the issue of Roderick W. Cook, III, per stirpes; and if he has no issue, then to the Settlor's issue, per stirpes. With respect to this trust, the Trustee shall have all of the powers and discretions it has with respect to the trusts created herein generally. 7. Section 6201 of the Pennsylvania Probate, Estates, and Fiduciaries Code provides, in pertinent part: A person to whom an interest in property would have devolved by whatever means, including a beneficiary under a will ... may disclaim it in whole or in part by a written disclaimer which shall: (1) describe the interest disclaimed; (2) declare the disclaimer and extent thereof; and (3) be signed by the disclaimant. 20 Pa.C.S. § 6201. 8. In order to increase the trust assets available for the lifetime financial security of Roderick W. Cook, III, the Disclaimants, collectively, desire to renounce and disclaim their respective interests in the below-described property during the lifetime of Roderick W. Cook, III, subject, nevertheless, to the prior approval by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court") to empower Susan L. Cook, as parent and natural guardian of her minor children, Thomas N. Christakos and Jennifer L. Christakos, to execute this Instrument on their behalf, for the purposes set forth herein. 9. Subject to the approval of the Court as aforesaid, the Disclaimants, including Thomas N. Christakos and Jennifer L. Christakos, by Susan L. Cook at their authorized parent and natural guardian, desire to renounce and disclaim, absolutely and forever, any and all of their -3- respective right, title and interest in and to the residue of the Estate, together with their respective right, title and interest in the Trust until the death of Roderick W. Cook, III, upon the terms hereinafter set forth. 10. Except with respect to the income and principal of the Trust during the lifetime of Roderick W. Cook, III, nothing in this Instrument is intended to modify, diminish or affect the Disclaimants' respective and remaining rights in the Trust and under the Trust Agreement following the death of Roderick W. Cook, III, including the rights of the Disclaimants to receive their respective per stirpital shares otherwise provided in the Trust Agreement if Roderick W. Cook, III, should die without living issue. NOW THEREFORE, effective upon the approval of this Instrument by the Court and the entry of an Order to that effect, the Disclaimants, intending to be legally bound, do, for themselves, their heirs, personal representatives, successors and assigns, hereby exercise the rights granted to them in Chapter 62 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. §6201-6207, and hereby disclaim, release and renounce, absolutely and forever, any and all of their respective right, title and interest in and to the residue of the Estate and in and to the income and principal of the Trust during the lifetime of Roderick W. Cook, III. Provided, however, that nothing in this Instrument shall modify, diminish or affect the right, title and interest of the Disclaimants to receive those per stirpital shares they are otherwise entitled to receive under the Trust Agreement upon the death, without living issue, of the said Roderick W. Cook, III. The Disclaimants intend that this Instrument of Disclaimer shall constitute a "qualified disclaimer" by the Disclaimants under Section 2518 of the Internal Revenue Code of 1986, as amended. IN WITNESS WHEREOF, the Disclaimants, intending that this Instrument shall be delivered to the Trustees and to the Executors and thereafter filed of record in the Office of the Register of Wills of Cumberland County, Pennsylvania, have executed the attached Consents, with the same to be effective according to the terms set forth above. -4- IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS :ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA :LOUISE V. COOK, ORPHANS' COURT DIVISION ]DECEASED : NO. 2008-00656 CONSENT TO INSTRUMENT OF DISCLAIMER THE UNDERSIGNED, RANDALL C. COOK, hereby consents to and joins in the Instrument of Disclaimer dated October 31, 2008, relating to the Estate and Trust of Louise V. Cook, for the purposes expressed therein, a copy of which, including Exhibit A thereto, has been provided to him. RANDALL C. COOK `~ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~Olft"~`~ ~rri~j:: r=G,,~J:~, >~ On this, the ~, ~ z~ day of ~ t= ~ !_.~.~~~ ~"'~ ~:= f=- 2008, before me, the undersigned officer, personally appeared RANDALL C. COOK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he execated the same as his voluntary act and deed for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ,,~~-` w,,, Notary Publ c ~~, -5- 1N THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA LOUISE V. COOK, ORPHANS' COURT DIVISION :DECEASED NO. 2008-00656 CONSENT TO INSTRUMENT OF DISCLAIMER THE UNDERSIGNED, LAURA L. COOK, hereby consents to and joins in the Instrument of Disclaimer dated October 31, 2008, relating to the Estate and Trust of Louise V. Cook, for the purposes expressed therein, a copy of which, including Exhibit A thereto, has been provided to h.er. .~` ~; t LAURA L. CkJ`OK ~-- COMMONWEALTH OF PENNSYLVANIA ~~ II~ SS. COUNTY OF ~/f:"'`>?f~Jc:•rr'~~':~~1~ On this, the _~n ~~ day of l_?~~-~`6~f~~~~.. 2008, before me, the undersigned officer, personally appeared LAURA L. COOK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same as her voluntary act and deed for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and officialseal. ~.~~~ ,~'"~, __ ,r __ _ Notary Pu is -6- IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA LOUISE V. COOK, ORPHANS' COURT DIVISION :DECEASED NO. 2008-00656 CONSENT TO INSTRUMENT OF DISCLAIMER THE UNDERSIGNED, MICHAEL R. COOK, hereby consents to and joins in the Instrument of Disclaimer dated October 31, 2008, relating to the Estate and Trust of Louise V. Gook, for the purposes expressed therein, a copy of which, including Exhibit A thereto, has been provided to him. MICHAEL R. COOK COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~~'.~~ >Tj~~~ ~ ~t9~°1S On this, the,, ,~,~ day of ~ > ~`~~~"~~~~~ ~~ /-.. , 2008, before me, the undersigned officer, personally appeared MICHAEL R. COOK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same as her voluntary act and deed for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official'"seal. dr s Notary Pu c -7- IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA LOUISE V. COOK, ORPHANS' COURT DIVISION DECEASED N0.2008-00656 CONSENT TO INSTRUMENT OF DISCLAIMER AND ACCEPTANCE BY CO-TRUSTEE AND CO-EXECUTORS THE UNDERSIGNED, SUSAN L. COOK, individually, as Co-Trustee, Co-Executor and as parent and natural guardian for her minor children, Thomas~N. Christakos and Jennifer L. Christakos, hereby consents to and joins in the Instrument of Disclaimer dated October 31, 2008, relating to the Estate and Trust of Louise V. Cook, for the purposes expressed therein, a copy of which, including Exhibit A thereto, has been provided fo her. \~ ~f`d~ STATE OF ti~d~'r.~,~'~r li~~ COUNTY OF ~Z;~ fir, f SUSAN L. COOK, individually, as Co-Trustee, Co- Executor and as parent and natural guardian for her minor children, Thom~.s N. Christakos and Jennifer L. Christakos SS. On this, the ~~ ~ day of~~~C~ ~ u ~S ~ , 2008, before me, the undersigned officer, personally appeared SUSAN L. COOK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same, in the capacities indicated, as her voluntary act and deed for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. r~ ~..- N ary Public -8- IN THE MATTER OF THE : IN THE COURT OF COMMON PLEAS ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA LOUISE V. COOK, ORPHANS' COURT DIVISION DECEASED . N0.2008-00656 CONSENT TO INSTRUMENT OF DISCLAIMER THE UNDERSIGNED, STEPHEN N. C$RISTAKOS, hereby consents to and joins in the Instrument of Disclaimer dated October 31, 2008, relating to the Estate and Trust of Louise V. Cook, for the purposes expressed therein, a copy of which, including Exhibit A thereto, has been provided to him. ~ .r,J ~~',TL/~1 jet:. STEPHEN N. CHRISTAKOS ~~1~~ ~~ GYM'. ~~~~~~ STATE OF l4~/_ '~~~j L,~}`~~-l~ SS. COUNTY OF ~- ~ h'~~irz~~~ . On this, the 1 `? day of ~~- CCiti~c ~~~ , 2008, before me; the undersigned officer, personally appeared STEPHEN N. CHRISTAKOS, known to me, (or satisfactorily proven) 1:o be the person whose name is subscribed to the within instrument, and acknowledged that he Executed the same as his voluntary act and deed for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. .~:JL~! /lam( ~1~~--. ' otary Public -9- ~ I IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA LOUISE V. COOK, ORPHANS' COURT DIVISION DECEASED NO. 2008-00656 ACCEPTANCE BY CORPORATE CO-EXECUTORICO-TRUSTEE MANUFACTURERS AND TRADERS TRUST COMPANY, Co-Trustee of that certain Trust Agreement originally dated January 18, 197, with Louise V. Cook, as Settlor, as amended and restated in its entirety on November 16, 2004, and as Co-Executor of the Estate of Louise V. Cook, deceased, hereby accepts that certain Instrument of Disclaimer, dated October 31, 2008, relating to the Estate and Trust of Louise V. Cook, for the purposes expressed therein, a copy of which, including Exhibit A thereto, has been provided to its duly authorized officer or representative. MANUFACURERS AND TRADERS TRUST COMPANY, Co-Executor and Co-Trustee __ _.__ ~,. ,.- :I"osep :,.~. Macri, Vic resident COMMONWEALTH OF PENNSYLVANIA ~- ~ H / / COUNTY OF DAUPHIN ss. ~~ ~/~ On this, the ~ day of U~.,~Gifv`.U~~ , 2008, before me, the undersigned officer, personally appeared JOSEPH A. MACRI, who acknowledged himself to be a Vice President of Manufacturers and Traders Trust Company, and that he, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of such trust company by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public GOMMONWEAtTti OF PENNSYLVANIA Notarial Seal Derma M. Lortgnaker, Notary Public City Of Flarrfsburg, Dauphin Courtly _ 1 _ My Commissiort E~ires Od 27, 201'! Niemf~er, Pennsylvania Asaoolation of Notaries COO p~ IN RE: IN THE COURT OF COMMON PLEAS :ESTATE AND TRUST OF CUMBERLAND COUNTY, PENNSYLVANlA LOUISE V. COOK, ORPHANS' COURT DIVISION ~-_> DECEASED NO. 2008-00656 `-~ ' ~== ~~ ~_~ --- ~ t -,-~ ~~ } ACCEPTANCE OF APPOINTMENT _ - AS CO-TRUSTEE ~ - ~ - ~~.~ `- ; ~~_;~ -~, -~_~ ; ~,; ~, WHEREAS, Louise V. Cook died on May 31, 2008, J ~; NOW THEREFORE, SUSAN L. COOK, as the designated individual Co-Trustee under that certain Trust Agreement of Louise V. Cools, originally dated January 18, 1972, as amended and restated in its entirety on November 16, 2004 (the "Restated Trust Agreement"), hereby accepts her appointment as such individual Co-Trustee, as provided in Article VI(1) of the R~°stated Trust Agreement. IN WITNESS WHEREOF, the undersigned has set her hand and seal hereto as of this 19`h day of 3une, 2008. STATE OF MARYLAND SS. COUNTY OF ~G ~1yd~.~ y On this, the 2 ~ day of /~ ~'~ SUSAN L. COOK, Co-Trustee 2008, before me, the undersigned officer, personally appeared SUSAN L. COOK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aclu7owledged that she executed the same as her free and voluntary act for the purposes set forth above. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~~-I~lotary Public Scott S. Maclntyre Notary Public, District of Columbia My Commission Expires 6-30-2009 EXHIBIT A CHARLES W. RUBENDALLII KEEPER WOOD ALLEN &RAHAL LLP ESTABLI ROBERT L. WELDON , SHED IN 1878 EUGENE E. PEPINSKY, JR. ATTORNEYS AT LAW JOHN H. ENDS $ 210 WALNUT STREET OF COUNSEL: GARY E. FRENCH N. DAVID RAHAL P. O. BOX 11963 SAMUEL C. HARRY DONNA S. WELDON BR~4DFORD DORRANCE HARRISBURG, PA 17108-1963 JEF-PREY S. STOKES WEST SHORE OFFICE: ROBERT R. CHURCH PHONE (7171 255-8000 635 NORTH 12T" ST., SUITE 400 STEPHEN L. GROSE LEMOYNE, PA 17043 R. E;COTT SHEARER EIN No. 2 3-071613 5 17171 612-5800 ELYSE E. ROGERS www.keeferwood.com CRAIG A. LONGYEAR 'F~ 7,, pp Deeember 3O, 2000 WRITER'S CONTACT INFORMATION: JOhiN A. FEICHTEL STEPHANIE KLEINFELTER ( ] ~ 2.55- gQ59 l71 ~ DOPJALD M. LEWIS III ^ 7 p FaX: ~ / 1 /~ 255'0003 ERIC R. AUGUSTINE TODD F. TRUNTZ E-Ill al~: 1'ChUYC}I~ICeefeCW000LCOItl CAROL L. VERISH r~> Cumberland County Register of Wills . Attention: Angie :~==_? ~~~s • Cumberland County Courthouse ~ ~ ~.~~~ One Courthouse Square -~ - Carlisle, PA 17013-3387 ~ -.- Re: Estate of Louise V. Cook, deceased ~ r'<,~ Cumberland County Estate No. 2008-00656 ~~ ]Dear Angie: Thank you for informing me that the Court has signed the proposed Order concerning the Instrument of Disclaimer. Now that the Court has authorized Susan L. Cook to execute the Instrument of Disclaimer on behalf of her minor children, I enclose for filing the executed original Instrument of Disclaimer, which Susan L. Cook and all other parties had previously executed, conditional upon the Court's approval. Please file the original Instrument of Disclaimer. I have enclosed my firm's check made payable to the Register of Wills, Cumberland County, in the amount of $5.00, representing payment in full of the filing fee associated with filing the Instrument of Disclaimer. Additionally, I have also enclosed an extra copy of the Instrument of Disclaimer. Please file- stamp and return that copy to me in the enclosed pre-paid return envelope. I would also appreciate it if you would enclose in the return envelope a certified copy of the Order. Cumberland County Register of Wills Attn: Angie Page? December 30, 2008 It is not necessary for you to send copies of the Order to the interested parties. I will inform them shortly, as soon as I receive the file-stamped Instrument of Disclaimer and certified Order from you. Thank you for your assistance in this matter. Very truly yours, KEEFER WOOD ALLEN & RAHAL, t,LP '~ ~, f ~ Robert R. Church RRC/wlrp Enclosures