HomeMy WebLinkAbout08-26-09PETITION FOR PR//1OBATE AND GRANT OF LETTERS
REGISTER OF WILLS O(n~F~I ~-1 '.,ur>, }1f f ~art~ COUNTY, PENN/S'~Y~jLVANIA
Estate of~AdfG ~~ t ~~ ~QS ~l~1Lt l ~ File Number ~ ~~/ I ^ y~9R
also known as !~ ~/ p~
Deceased Social Security Number LPL 3 0 2 7 7/
Petitioner(s), who is/aze 18 years of age or older, apply(ies) for:
(~C,OM~PLETE 'A' or 'B' BELOW:) A I ^ 1
QyA. Probate and Grant oC Le ers Testamentary and aver that Petitioner(s) is / aze the AfJ ~JPAC -Fi'tX Le named in the
last Will of the Decedent dated S and codicil(s) dated
(Store relevant circumsMncu, e.g., renunciation, deac4 of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instl,lment(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
^ B. Cran[ of Letters of
(Ijapplicable, enter c.t.n.; d.b.n.c.t.a.; pendeNe lice; durance absenfin; durance minorilateJ
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following~c u~e (if any)~d heirs:
Administrarion, c.t.a. or d.b.n.c.Ca., enter date of Wil! in Section A above and complete list ojheirs.) ~ ~~p y ,-.
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. _' ,A '~ ~~
Decedent was domiciled at death in County, Pennsylvania with his /her last principal residence at
(List scree! nddrers, cowrJcity, township, county, state, zip co/d~e) p f
Decedent, then years of age, died on S (, O at !'r~ A. ~ ~ b TAOn . ~'
Decedent at death owned property with estimated values as follows: ~(gy~p ..6~~O~ t ~~p~~O~~O
([f domiciled in PA) All personal property $ "m'vt~tlvv
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as
Forrn RW-0? rer< lo.ls.oe - Page 1 of 2
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 Corm to
the undersigned:
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF ~wl ~f(~~4~
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition aze true and correct [o the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and tmly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the ~~D~~~da~ygof
.t]L~11SLL /~~
p Il/
For tl Register
Signniure of Personnl Represenm(ive
b r ;;,
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~i-~q-o~qq ~ ••
File Numb~er:,/ S ~ ~ ~+
Estate of ~nL/U~ ~i ~^-7y~~~IAJ /~ / , Dec~easned,.~
Social Security Number: rY"[ ~'~D' OL / !"/ ~ Date of Death: ~'7 ` / ~O " d~U~7~
AND NOW,
having been presented
are hereby granted to _
of the foregoing Petition, satisfactory proof
in the above estate
and that the instrument(s) dated ~-1'd~lS "'1 'J
described in the Petition be admitted to probate and filed
FEES
Letters ...............
$ r~~
Short Certificate(s) ....... . $ ~r~
Renunciation(s) .........
. . $
. $_~~
.. . $ lQ"~
.. . $ i~~~
. . $
. . $
. . $
. . $
. . $
.. .
TOTAL ............. . $
ecord as the last Will (and Codicil(s)) of
,.l~f on~~rr~
Register oJWiffs
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Telephone:
Pu,,.. Rw-n? rev. 10.13.Oh Page 2 of 2
~
Yr05.R4s REV (0r N9) ~ )~~ ~ ~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It Is Illegal to duplicate this copy by photostat or phl~tograph.
Fee for this certificate, $6.00
This is to certify That the information here given is
correctly copied from an original Certificate of Death
duly filed vith mr. as Local Registrar. The original
certificate will be forwa~~ded to the State Vital
Records Olfice fa~ permanent filing.
P 15477802
Certification Number
~~Q~U~ 2 0 009
Local Registrar ~ Date Issued
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FEy rr2ppp COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL flECORDS
w°AiE~xr'" CERTIFICATE OF DEATH
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LAST WILL
OF
ANDRE NICHOLAS ABELE
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Mark R. Parthemer, Esquire
BOSWELL, SNYDER, TINTNER & PICCOLA
315 North Front Street
Harrisburg, Pennsylvania 17101
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TABLE OF CONTENTS
Introductory Clause ............................................ 1
ITEM I
Direction to Pay Debts ......................................... 1
ITEM II
Direction to Pay All Taxes from Residuary Estate ..................... 1
ITEM III
Outright Gift of All Property to Wife ............................... 1
ITEM IV
Residuary Gift to Trustee Under the Abele Family Trust ................ 2
ITEM V
The Abele Family Trust Introductory Provision ....................... 2
(1) Payment to Wife of All Income .............................. 2
(2) Discretionary Payments of Principal for Wife .................... 2
(3) Limited Withdrawal by Wife ................................ 2
(4) Division Into Shares for Children ............................. 2
ITEM VI
Naming the Personal Representative, Personal Representative Succession,
Personal Representative's Fees and Other Matters ................ 3
(1) Naming an Individual Personal Representative ................... 3
(2) Naming Individual Successor or Substitute Personal Representative ... 3
(3) Fee Schedule for Individual Personal Representative .............. 3
ITEM VII
Naming the Trustee, Trustee Succession, Trustee's Fees and Other Matters .. 3
(1) Naming Individuals as Trustee ............................... 3
(2) Individual Trustees Succession ............................... 3
(3) Fee Schedule for Individual Trustee ........................... 3
(4) Limitations on Trustees .................................... 4
ITEM VIII
Definition of Personal Representative and Trustee ..................... 4
ITEM IX
Powers for Personal Representative and Trustee ...................... 4
ITEM X
Personal Representative and Trustee to Have Discretion to Allow Beneficiary
or Beneficiaries to Occupy Residential Real Estate ............... 8
ITEM XI
Marital Deduction Savings Clause for Outright Bequest ................. 8
ITEM XII
Provision for Trustee to Act as Trustee for Beneficiary Under Age Twenty-
One .................................................. 8
ITEM XIII
Trustee's Discretion in Making Payments to a Person Under Age Twenty-
One, Incompetent, or Incapacitated Person ..................... 9
ITEM XIV
Discretion Granted to Personal Representative in Reference to Taa
Matters ................................................ 9
ITEM X V
Discretion in Trustee to Terminate Small Trust and Distribute to Income
Beneficiary ............................................. 9
ITEM XVI
Definition of Children ......................................... 10
ITEM XVII
Definition of Words Relating to the Internal Revenue Code ............. 10
ITEM XVIII
Simultaneous Death Provision Presuming Beneficiary Predeceases Testator 11
ITEM XIX
Payment of Funeral Expenses and Expenses of Last Illness of Income
Beneficiary ............................................ 11
ITEM XX
Spendthrift Provision .......................................... 11
Testimonium Clause .......................................... 11
Attestation Clause ............................................ 11
LAST WILL AND TESTAMENT
OF
ANDRE NICHOLAS ABELE
Introductory Clause. I, Andre Nicholas Abele, a resident of and domiciled in the
Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, 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.
I am married to Mary Irene Abele.
I have five living children: Elizabeth Abele, born August 8, 1961; Malia Ann Joy,
born May 29, 1963; Susan Katherine Shires, born October 5, 1965; Walter Edward Abele,
born August 30, 1968; and David Nicholas Abele, born December 21, 1972.
ITE I
Direction to Pay Debts. I direct that all my legally enforceable debts, secured and
unsecured, be paid as soon as practicable after my death.
TI EM II
n+*~don to PaK All Taxes from Residuary Estate. I direct that all estate,
inheritance, succession, death or similar taxes (except generation-skipping transfer taxes)
assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest
or devise contained in this my Last Will (which term wherever used herein shall include any
Codicil hereto), or on any insurance upon my life or on any property held jointly by me with
another or on any transfer made by me during my lifetime or on any other property or
interests in property included in my estate for such tax purposes be paid out of my residuary
estate and shall not be charged to or against any recipient, beneficiary, transferee or owner
of any such property or interests in property included in my estate for such tax purposes.
ITEM III
Outright Gift of All Property to Wife I give, devise and bequeath all the rest,
residue and remainder of my property of every kind and description (including lapsed
legacies and devises) wherever situate and whether acquued before or after the execution
of this Will, absolutely in fee simple to my wife, Mary Irene Abele, if she shall survive me.
Page 1
If she shall not survive me, or to the extent she disclaims any gift, then all property or such
disclaimed property shall pass as residuary pursuant to Item IV, the Abele Family Trust.
ITE IV
Residuary Gift to Trustee Under the Abele Family Trust. I give, devise and
bequeath all the rest, residue and remainder of my property of every kind and description
(including lapsed legacies, devises and disclaimed property), wherever situate and whether
acquired before or after the execution of this Will to the Trustee of the Abele Family Trust.
The Abele Family Trust shall be administered as hereinafter set forth.
ITEM V
The Abele Family Trust Introductor}~Provision. The Abele Family Trust shall be
held, administered and distributed as follows:
(1) P~vment to Wife of All Income. If my wife shall survive me, then
commencing with the date of my death, my Trustee shall pay to or apply for the benefit of
my wife during her lifetime all the net income from the Abele Family Trust in convenient
installments but no less frequently than quarter-annually.
(2) Di_•cretionarv Payments of Principal for Wife. If my wife shall survive me,
my Trustee tray pay to or apply for the benefit of my wife during her lifetime, such sums
from the principal of the Abele Family Trust as in its sole discretion shall be necessary or
advisable from time to time for the medical care, education, support and maintenance in
reasonable comfort of my wife, taking into consideration to the extent my Trustee deems
advisable, any other income or resources of my wife known to my Trustee.
(3) Limited Withdrawal by Wife. In addition to the income and discretionary
payments of principal from this Trust, there shall be paid to my wife during her lifetime
from the principal of this Trust upon her written request during the last month of each fiscal
year of the Trust an amount not to exceed during such fiscal year the greater of Five
Thousand ($5,000.00) Dollars or Five (5%) per cent of the total value of the principal of
the Abele Family Trust on the last day of such fiscal year without reduction for the principal
payment for such fiscal year. This right of withdrawal is noncumulative, so that if my wife
does not withdraw, during such fiscal year, the full amount to which she is entitled under
this Paragraph, her right to withdraw the amount not withdrawn shall lapse at the end of
that fiscal year.
(4) ivisi Int h fo C ' dr n. Upon the death of the survivor of my wife
and me, my Trustee shall divide this Trust as then constituted into equal separate shares so
as to provide One (1) share for each then living child of mine and One (1) share for each
deceased child of mine who shall leave issue then living. Each share for a living child of
Page 2
mine shall be distributed to such child. Each share for a deceased child shall be distributed
to his or her surviving spouse, if any, then to his or her issue, per stirpes.
ITE VI
Naming the Personal Representative Personal Representative Succession Personal
Representative's Fees and Other Matters. The provisions for naming the Personal
Representative, Personal Representative succession, Personal Representative's fees and
other matters are set forth below:
(1) Naming an Individual Personal Representative. Ihereby nominate, constitute,
and appoint as Personal Representative of this my Last Will and Testament Mary Irene
Abele and direct that she shall serve without bond.
(2) Naming Individual Successor or Substitute Personal Representative. If my
individual Personal Representative should fail to qualify as Personal Representative
hereunder, or for any reason should cease to act in such capacity, the successor or substitute
Personal Representative who shall also serve without bond shall be Malia Ann Joy.
(3) Fee Schedule for Individual Personal Representative. For its services as
Personal Representative, my individual Personal Representative shall receive reasonable
compensation for the services rendered and reimbursement for reasonable expenses.
I EM VI
Naming fhP T •PP TTtlQYPP CnrnPeainn Tn,atee'a Fees and Other Matters. The
provisions for naming the Trustee, Trustee succession, Trustee's fees and other matters are
set forth below:
(1) Naming Individuals as Trustee. I hereby nominate, constitute, and appoint as
Trustees of this my Last Will and Testament Mary Irene Abele and Malia Ann Joy and
direct that they shall serve without bond.
(2) Individual Trustees Succession. If any individual Trustee should fail to qualify
as Trustee hereunder, or for any reason should cease to act in such capacity, the successor
or substitute Trustee who shall also serve without bond shall be the next person willing to
serve from the list below in the order named:
Walter Edward Abele
Susan Katherine Shires
Elizabeth Abele
David Nicholas Abele
Page 3
(3) Fee Schedule for Individual Trustee. For its services as Trustee, my individual
Trustee shall receive reasonable compensation for the services rendered and reimbursement
for reasonable expenses.
(4) Limitations on Trustees. No person who at any time is acting as Trustee
hereunder shall have any power or obligation to participate in any discretionary authority
which I have given to the Trustee to pay principal or income to such person, or for his or
her benefit or in relief of his or her legal obligations; provided, however, if an individual
trustee (who is also a beneficiary) is the sole trustee or at any time is acting as the sole
trustee, and such trustee has discretion to invade principal for himself or herself and such
discretionary authority is limited by an ascertainable standard, then such trustee may invade
principal (if limited by such standard) for himself or herself but not in relief of his or her
legal obligations.
ITEM VIII
Definition of Personal Representative and Trustee. Whenever the word 'Personal
Representative" and/ or the word "Trustee", or any modifying or substituted pronoun therefor
are used in this my Will, such words and respective pronouns shall include both the singular
and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally
to the Personal Representative and/ or Trustee named herein and to any successor or
substitute Personal Representative and/ or Trustee acting hereunder, and such successor or
substitute Personal Representative and/or Trustee shall possess all the rights, powers and
duties, authority and responsibility conferred upon my Personal Representative and/ or
Trustee originally named herein.
ITEM IX
Powers for Personal Reprgsentative and Trustee. My Personal Representative and
Trustee is authorized in its fiduciary discretion (which shall be subject to the standard of
reasonableness and good faith to all beneficiaries) with respect to any property, real or
personal, at any time held under any provision of this my Will and without authorization by
any court and in addition to any other rights, powers, authority and privileges granted by any
other provision of this my Will or by statute or general rules of law:
(1) To retain any property or undivided interests in property owned by me at the
time of my death, including residential property and shares of my Personal Representative's
or Trustee's own stock, regardless of any lack of diversification, risk or non-productivity, as
long as it deems advisable, and to exchange any such security or property for other
securities or properties and to retain such items received in exchange, although said
property represents a large percentage of the total property of my estate or the Trust Estate
or even the entirety thereof.
Page 4
(2) To invest and reinvest all or any part of my Estate or the Trust Estate in any
property and undivided interests in property, wherever located, including bonds, debentures,
notes, secured or unsecured, stocks of corporations regardless of class, interests in limited
partnerships, real estate or any interest in real estate whether or not productive at the time
of investment, interests in trusts, investment trusts, whether of the open and/ or closed fund
types, and participation in common, collective or pooled trust funds of my Personal
Representative or Trustee, insurance contracts on the life of any beneficiary or annuity
contracts for any beneficiary, without being limited by any statute or rule of law concerning
investments by fiduciaries.
(3) To sell or dispose of or grant options to purchase any property, real or
personal, constituting a part of my estate or the Trust Estate, for cash or upon credit, to
exchange any property of my estate or the Trust Estate for other property, at such times and
upon such terms and conditions as it may deem best, and no person dealing with it shall be
bound to see to the application of any monies paid.
_ (4) To hold any securities or other property in its own name as Personal
Representative or Trustee, in its own name, in the name of a nominee (with or without
disclosure of any fiduciary relationship) or in bearer form.
(5) To keep, at any time and from time to time, all or any portion of my Estate
or the Trust Estate in cash and uninvested for such period or periods of time as it may
deem advisable, without liability for any loss in income by reason thereof.
(~ To sell or exercise stock subscription or conversion rights.
('n To refrain from voting or to vote shares of stock owned by my Estate or the
Trust Estate at shareholders' meetings in person or by special, limited, or general proxy and
in general to exercise all the rights, powers and privileges of an owner in respect to any
securities constituting a part of my Estate or the Trust Estate.
(8) To participate in any plan of reorganization or consolidation or merger
involving any company or companies whose stock or other securities shall be part of my
Estate or the Trust Estate, and to deposit such stock or other securities under any plan of
reorganization or with any protective committee and to delegate to such committee
discretionary power with relation thereto, to pay a proportionate part of the expenses of
such committee and any assessments levied under any such plan, to accept and retain new
securities received by my Personal Representative or Trustee pursuant to any such plan, to
exercise all conversion, subscription, voting and other rights, of whatsoever nature
pertaining to such property, and to pay any amount or amounts of money as it may deem
advisable in connection therewith.
Page 5
(9) To borrow money and to encumber, mortgage or pledge any asset of my estate
or the Trust Estate for a term within or extending beyond the term of the trust, in
connection with the exercise of any power vested in my Personal Representative or Trustee.
(id) To enter for any purpose into a lease as lessor or lessee with or without option
to purchase or renew for a term within or extending beyond the term of the trust.
(11) To subdivide, develop, or dedicate real property to public use or to make or
obtain the vacation of plats and adjust boundaries, to adjust differences in valuation on
exchange or partition by giving or receiving consideration, and to dedicate easements to
public use without consideration.
(12) To make ordinary or extraordinary repairs or alterations in buildings or other
structures, to demolish any improvements, to raze existing or erect new party walls or
buildings.
(t3) To continue and operate any business owned by me at my death and to do any
and all things deemed needful or appropriate by my Personal Representative or Trustee,
including the power to incorporate the business and to put additional capital into the
business, for such time as it shall deem advisable, without liability for loss resulting from
the continuance or operation of the business except for its own negligence; and to close out,
liquidate or sell the business at such time and upon such terms as it shall deem best.
(14) To collect, receive, and receipt for rents, issues, profits, and income of my
Estate or the Trust Estate.
(15) To insure the assets of my Estate or of the Trust Estate against damage or
loss and my Personal Representative or Trustee against liability with respect to third
persons.
(1~ In buying and selling assets, in lending and borrowing money, and in all other
transactions, irrespective of the occupancy by the same Berson of dual positions, to deal with
itself in its separate, or any fiduciary, capacity.
(1T) To compromise, adjust, arbitrate, sue on or defend, abandon, or otherwise deal
with and settle claims in favor of or against my Estate or the Trust Estate as my Personal
Representative or Trustee shall deem best.
(18) To employ and compensate agents, accountants, investment advisers, brokers,
attorneysln~act, attorneys- at law, tax specialists, realtors, and other assistants and advisors
deemed by my Personal Representative or Trustee needful for the proper administration
of my Estate or the Trust Estate, and to do so without liability for any neglect, omission,
misconduct, or default of any such agent or professional representative provided such
person was selected and retained with reasonable care.
Page 6
(19) To determine what shall be fairly and equitably charged or credited to income
and what to principal.
(20) To hold and retain the principal of my Estate or the Trust Estate undivided
until actual division shall become necessary in order to make distributions; to hold, manage,
invest, and account for the several shares or parts thereof by appropriate entries on my
Personal Representative's or Trustee's books of account; and to allocate to each share or
part of share its proportionate part of all receipts and expenses; provided, however, the
carrying of several trusts ss one shall not defer the vesting in title or in possession of any
share or part of share thereof.
(21) To make payment in cash or in kind, or partly in cash and partly in kind upon
any division or distribution of my Estate or the Trust Estate (including the satisfaction of
aay pecuniary distribution) without regard to the income tax basis of any specific property
allocated to any beneficiary and to value and appraise any asset and to distribute such asset
in kind at its appraised value; and when dividing fractional interests in property among
several beneficiaries to allocate entire interests in some property to one beneficiary and
entire interests in other property to another beneficiary or beneficiaries.
(22) To exercise any power herein granted with reference to the control,
management, investment or disposition of my Estate or the Trust Estate either as Personal
Representative or Trustee without having to declare in which capacity it is acting.
(23) In general, to exercise all powers in the management of my Estate or the Trust
Estate which any individual could exercise in his own right, upon such terms and conditions
as it may reasonably deem best, and to do all acts which it may deem reasonably necessary
or proper to carry out the purposes of this my Will.
(24) To combine assets of two or more trusts if the provisions and terms of each
trust are substantially identical, and to administer them as a single trust, if my Trustee
reasonably determines that the administration as a single trust is consistent with my intent,
and facilitates the trust's administration without defeating or impairing the interests of the
beneficiaries.
(25) To divide any trust into separate shares or separate trusts or to create separate
trusts if my Trustee reasonably deems it appropriate and the division or creation is
consistent with my intent, and facilitates the trust's administration without defeating or
impairing the interests of the beneficiaries.
(26) To divide property in any trust being held hereunder with an inclusion ratio,
as defined in section 2642(x)(1) of the Internal Revenue Code of 1986, as from time to time
amended or under similar future legislation, of neither one nor zero into two separate trusts
representing two fractional shares of the property being divided, one to have an inclusion
ratio of one and the other to have an inclusion ratio of zero; to create trusts to receive
Page 7
property with an inclusion ratio of either one or zero and if this cannot be done to refuse
to accept property which does not have a matching inclusion ratio to the receiving trust's
ratio, all as my Trustee in its sole discretion deems best.
(2n To elect to allocate any portion or all my generation-skipping transfer
exemption provided for in Code section 2631 or under similar future legislation, in effect
at the time of my death, to any portion or all of then to the Abele Family Trust or any other
trusts or bequests in my Will or any other transfer which I am the transferror for purposes
of the generation-skipping tax. Generally, I anticipate that my Personal Representative will
elect to allocate this exemption fu~st to dttect skips as defined in Code section 2612, then
to the Abele Family Trust, unless it would be inadvisable based on all the circumstances at
the time of making the allocation; and to make the special election under section 2652(a)(3)
of the Code to the extent my Personal Representative deems in the best interest of my
estate.
ITE X
Prrann~ Representative and Trustee to Have Discretion to Allow Beneficiary or
Beneficiaries to Occup}~ Residential Real Estate. My Personal Representative and Trustee
may in its discretion permit any beneficiary or beneficiaries to occupy rent free any
residence constituting a part of the trust assets for such beneficiary or beneficiaries and to
pay the real estate taxes thereon, expenses of maintaining the residence in suitable repair
and condition and hazard insurance premiums on the residence.
ITEM X
Marital Deduction Savines Clause for Outri¢ht Bequest. It is expressly provided that
the grant of rights, powers, privileges and authority to my Personal Representative in
connection with the imposition of duties upon my Personal Representative by any provision
of this my Will or by any statute relating thereto shall not be effective if and to the extent
that the same, if effective, would disqualify the marital deduction as provided for herein.
It is expressly provided that my Personal Representative shall not in the exercise of its
discretion make any determination inconsistent with the foregoing intention.
I ET M XII
Provision for Trustee to Act as Trustee for Beneficiary Under Aee Twenty-0ne. If
any share hereunder becomes distributable to a beneficiary who has not attained the age
of Twentyone (21) years, such share shall immediately vest in the beneficiary, but
notwithstanding the provisions herein, my Trustee shall retain possession of the share in
trust for the beneficiary until the beneficiary attains the age of Twentyone (21) years, using
so much of the net income and principal of the share as my Trustee deems necessary to
provide for the proper medical care, education, support and maintenance in reasonable
Page 8
comfort of the beneficiary, taking into consideration to the extent my Trustee deems
advisable any other income or resources of the beneficiary or his or her parents known to
my Trustee. Any income not so paid or applied shall be accumulated and added to principal.
The beneficiary's share shall be paid over and distributed to the beneficiary upon attaining
age Twenty~ne (21), or if he or she shall sooner die, to his or her personal representatives.
My Trustee shall have with respect to each share so retained all the powers and discretions
it had with respect to the trusts created herein generally.
ITEM XIII
Trustee's Discretion in Making Pa}Lments to a Person Under Aae Twen ne
I~ncomrgtent or Incapacitated Person In case the income or principal payment under any
trust created hereunder or any share thereof shall become payable to a person under the
age of Twentyone (21), or to a person under legal disability, or to a person not adjudicated
incompetent, but who, by reason of illness or mental or physical disability, is, in the opinion
of my Trustee unable properly to administer such amounts, then such amounts shall be paid
out by my Trustee in such of the following ways as my Trustee deems best: (1) directly to
the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative
or friend for the care, support and education of the beneficiary; (4) by my Trustee using
such amounts directly for the beneficiary~s care, support and education.
ITEM XIV
TliacrPtinn C'ranrPA to Personal Representative 1n Reference to Tax Matters. My
Personal Representative as the fiduciary of my estate shall have the discretion, but shall not
be required when allocating receipts of my estate between income and principal, to make
adjustments in the rights of any beneficiaries, or among the principal and income accounts
to compensate for the consequences of any tax decision or election, or of any investment or
administrative decision, that my Personal Representative believes has had the effect, directly
or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided,
however, my Personal Representative shall not exercise its discretion in a manner which
would cause the loss or reduction of the marital deduction as maybe herein provided. In
determining the state or federal estate and income tax liabilities of my estate, my Personal
Representative shall have discretion to select the valuation date and to determine whether
any or all of the allowable administration expenses in my estate shall be used as state or
federal estate tax deductions or as state or federal income tax deductions and shall have the
discretion to file a joint income tax return with my wife.
ITEM XV
Discretion in Trustee to Terminate Small Trust and Distribute to Income Beneficiary.
If at any time any trust created hereunder has a fair market value as determined by my
Trustee of Fifteen Thousand ($15,000.00) Dollars or less, my Trustee, in its absolute
discretion if it determines that it is uneconomical to continue such trust, may terminate such
Page 9
trust and distribute the trust property to the person or persons then entitled to receive or
have the benefit of the income therefrom or the legal representative of such person. If
there is more than one income beneficiary, my Trustee shall make such distribution to such
income beneficiaries in the proportion in which they are beneficiaries or if no proportion
is designated in equal shares to such beneficiaries.
ITEM XVI
Definition of Children. For purposes of this Will, "children" means the lawful blood
descendants in the first degree of the parent designated; and "issue" and "descendants" mean
the lawful blood descendants in any degree of the ancestor designated; provided, however,
that if a person has been adopted, that person shall be considered a child of such adopting
parent and such adopted child and his or her issue shall be considered as issue of the
adopting parent or parents and of anyone who is by blood or adoption an ancestor of the
adopting parent or either of the adopting parents. The terms "child;' "children," "issue;'
"descendant" and "descendants" or those terms preceded by the terms "living" or "then living"
shall include the lawful blood descendant in the first degree of the parent designated even
though such descendant is born after the death of such parent.
The term "per stirpes" as used herein has the identical meaning as the term "taking
by representation" as defined in the Pennsylvania Probate Code.
ITEM XVII
Definition of Words Relating_to the Internal Revenue Code. As used herein, the
words "gross estate," "adjusted gross estate," "taxable estate," "unified credit," "state death tax
credit," "maximum marital deduction," "marital deduction," "pass," and any other word or
words which from the context in which it or they are used refer to the Internal Revenue
Code shall have the same meaning as such words have for the purposes of applying the
Internal Revenue Code to my estate. For purposes of this Will, my "available generation-
skipping transfer exemption" means the generation-skipping transfer tax exemption provided
in section 2631 of the Internal Revenue Code of 1986, as amended, in effect at the time of
my death reduced by the aggregate of (1) the amount, if any, of my exemption allocated to
lifetime transfers of mine by me or by operation of law, and (2) the amount, if any, I have
specifically allocated to other property of my gross estate for federal estate tax purposes.
For purposes of this Will if at the time of my death I have made gifts with an inclusion ratio
of greater than zero for which the gift tax return due date has not expired (including
extensions) and I have not yet filed a return, it shall be deemed that my generationskipping
transfer exemption has been allocated to these transfers to the extent necessary (and
possible) to exempt the transfer(s) from generation-skipping transfer tax. Reference to
Sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the
Internal Revenue Code amended to the date of my death.
Page 10
ITEM XVIII
Simultaneous Death Provision Presuming~eneficiarv Predeceases Testator. If any
beneficiary and I should die under such circumstances as would make it doubtful whether
the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this
Will that the beneficiary predeceased me.
ITEM XIX
Pavment of Funeral Expenses and Expgnses of Last ILtness of Income Beneficiary.
On the death of any person entitled to income or support from any Trust hereunder, my
Trustee is authorized to pay the funeral expenses and the expenses of the last illness of such
person from the principal of the Trust from which such person was entitled to income or
support.
I EM X
spendthrift Provision. Except as otherwise provided herein, all payments of principal
and income payable, or to become payable, to the beneficiary of any trust created hereunder
shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor
shall any beneficiary have the power to anticipate or encumber such interest, nor shall such
interest, while in the possession of my fiduciary hereunder, be liable for, or subject to, the
debts, contracts, obligations, liabilities or torts of any beneficiary.
T ' s ni un I . IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal this day of September, 1995.
~~ ~i.e(a=+~aa-C~~~EAL)
ANDRE NICHOLAS ABELE
Page 1l
~ ` F e ' ,
Attestation Clause. The foregoing Will was this ~~ay of September,1995, signed, sealed,
published and declared by the Testator as and for his Last Will and Testament in our presence,
and we, at his request and in his presence, and in the presence of each other, have hereunto
subscribed our names as witnesses on the above date.
Page 12
r ,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss:
We, Andre Nicholas Abele, and Dvlan D. Painter and
Mark R. Parthemer ,the Testator and the witnesses, respectively, whose names are
signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to
the undersigned authority that the Testator signed and executed the instrument as his Last
Will and that he had signed willingly (or willingly directed another to sign for him), and that
he executed it as his free and voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and
to the best of our knowledge the Testator was at that time eighteen years of age or older,
of sound mind, and under no constraint or undue influence.
Andre Nic olas Abele /~
Dyl D. Painter Witness
Mar R. Parthemer Witness
Subscribed, sworn to, and acknowledged before me by Andre Nicholas Abele, the
Testator and subscribed and sworn to before me by nl. i an n _ na ; .,+P,- and
Mark R. Parthemer ,witnesses, this 28th day of September, 1995.
,e
Pv~i"i,°3H9~1L S~Aw
~9eroro~tta F M'rEsr, R~~t2, Puz4ic ,
N~t~ cs~.a,Fa D a~ t~na;o.~ r~ ;~
~V Q.. ~{tixP,iF tl ~ ~. i~~:)" ~{f V ~i'_.f J `3
Page 13