HomeMy WebLinkAbout12-23-09PETITION FOR PROBATE AND GRANT OF LETTERS
. REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of ANTHONY E. MAAS File Number ~1 ' ~~ _ `~~
also known as
Deceased Social Security Number 114-34-3122
Petitioner(s), who is/aze 18 yeazs of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW:)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor named in the
last Will of the Decedent dated 91/2005 and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death 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:
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d. b.n.c.t.a.; pendente life; durance absentia; durante minoritate)
Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) ar~heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~~ a
Name Relationshi Resid t'_r ~ ~,:
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(COMPLETE WALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland G
(List street address, town/city, township, county, state, zip
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Pennsylvania, with his /her Last principal residence at
Decedent, then 83 years of age, died on 12/12/2009 at 482 WOOdCrest Drive
Mechanicsburo Hamaden Township PA 17050
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ a20 ~Or 40
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Vatue of real estate in Pennsylvania $
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate ofthe last Will and Codicil(s) presented witfi this Petition and the grant of Letters in the appropriate form to
the undersigned:
Sigrtature Typed or printed name and residence
Yl,, Margaret L. Maas
Form RW-02 rev. 10.13.06
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ;
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the lrnowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or afCFarmed and subscribed
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before me the ~ day of
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F e Register
it ~~~~-- ~ - ~ iyu~t
Signatur ofP sonal Representative
Signature of Personal Representative
Signature of Personal Representative
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File Number: d ~ ` ~ ~' ~ t 11
Estate of ANTHONY E. MARS ,Deceased
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Social Security Number: 114-34-3122 Date of Death: 12/12/2009
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Margaret L. Maas
in the above estate
and that the instrument(s) dated September 1.2005
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
~ - ~~
Letters ............................. $
Short Certificate(s) •••••••••••• $ ~ ~
Renunciation(s) .••.•.•.•.••••.• $
wi ~~ .... $ Id~ Ob
.... $
.... $
.... $
.... $
.... $
.... $
TOTAL ....' ......................... $ ~~
Register of Wills
Attorney Signature:
Attorney Name:
Supreme Court LD. No.: 25483
Address: 1011 Mumma Road #201
Lemoyne
PA 17043
Telephone: 717.236-9318
For.., Rw-o2 rev. 10.13.06 Page 2 of 2
_ _ _
D ~-
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15934061
Certification Number
This is to certify that the information :sere given is
correct y copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
a DEC 6~i 2909
~egi rar Date Issued
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DlsppPoon Partnil No. __U"T5330 t
THE
LA5T WILL AND TESTAMENT
OF
ANTHONY E. MAAS
KNOW ALL MEN BY THESE PRESENTS, that I, ANTHONY E. MARS, of 482
Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania, being in good health and
of sound and disposing memory, do hereby make, declare and publish this as my Last Will and
Testament, hereby revoking all former Wills and Codicils heretofore made by me.
Article First
Payment of Debts and Tax Allocation
I direct that all of my debts not barred by the statute of limitations, expenses of my last illness,
funeral expenses, costs of administration and claims allowed in the administration of my estate
shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall
be found convenient.
All estate, inheritance and death taxes, excluding any generation-skipping transfer tax, resulting
from my death shall be paid without apportionment and without reimbursement from any person.
Notwithstanding anything to the contrary in this Will, no death taxes payable as a result of my
death shall be allocated to or paid from the Marital Trust or from any assets passing to my spouse
and qualifying for the federal estate tax marital deduction unless my Executor has first used all
other assets available to my Executor. r.~
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Article Second
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My Children c~ r1 1 .~, < ~ r -~
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I am married to MARGARET L. MAAS. All references in this Will to "my spoe'~ are to~~er. ~!'>
ca ~`'
The names of my children are WILLEM F. MAAS; JULIE MARS REIMERS; and
ANTHONY E. MAAS, JR.
All references in this Will to "my children" are to these three children and any children born to
my spouse and myself after the date of this Will.
~ ~ ~ e~
Article Third
Distribution of my Tangible Personal Property
I give and bequeath my jewelry, clothing, household furnishings and fixtures, chinaware,
silver, photographs, works of art, books, automobiles, sporting goods, artifacts relating to my
hobbies, and all other tangible articles of household or personal use (not including cash,
securities or trusts), together with any existing insurance thereon, to my wife, MARGARET L.
MAAS, if she survives me by thirty (30) days. Should my wife, MARGARET L. MAAS, not
be living on the thirty-first (31st) day after my death, I give and bequeath my j ewelry, clothing,
household furnishings and fixtures, chinaware, silver, photographs, works of art, books,
automobiles, sporting goods, artifacts relating to my hobbies, and all other tangible articles of
household or personal use (not including cash, securities or trusts), together with any existing
insurance thereon, as are set forth in separate memoranda, which I shall place with my Will, to the
persons therein designated. If such memoranda does not exist on the date of my death, I give and
bequeath my jewelry, clothing, household furnishings and fixtures, chinaware, silver, photographs,
works of art, books, automobiles, sporting goods, artifacts relating to my hobbies, and all other
tangible articles of household or personal use (not including cash, securities or trusts), together with
any existing insurance thereon to my children WILLEM F. MAAS, JULIE MAAS REIMERS,
and ANTHONY E. MARS, JR., in equal shares, to be divided among them as they may decide.
In the event they are unable to agree on the distribution of any item(s) the same shall be sold by
my Executor and the proceeds added to the residue of my estate.
Article Fourth
Creation of Marital and Family Trusts
If my spouse survives me, my Executor shall distribute the rest, residue and remainder of my
estate as follows:
Section 1. My Executor shall divide the remaining assets of my Estate into two separate
trusts, to be known as the Marital Trust and the Family Trust.
a. The Marital Trust shall be the fractional share of the property of my estate
determined as follows:
1. The numerator of the fractional share shall be the smallest amount which,
if allowed as a marital deduction, would result in the least possible federal estate tax
being payable as a result of my death, after allowing for the unified credit against
federal estate tax (after taking into account adjusted taxable gifts, if any) as finally
determined for federal estate tax purposes, and the credit for state death taxes (but only
to the extent that the use of this credit does not require an increase in the state death
taxes paid).
The numerator shall be reduced by the value, for federal estate tax purposes, of any
interest in property that qualifies for the federal estate tax marital deduction and which
passes or has passed from me to my spouse other than under this Article Fourth.
2. The denominator of the fractional share shall consist of the value, as
finally determined for federal estate tax purposes, of all of the property of my estate
under this Will.
b. The Family Trust shall consist of the balance of the property of my estate.
Section 2. My Executor shall have complete authority to make allocations of the property of
my estate between the Marital and Family Trusts. My Executor may, in its sole and absolute
discretion, make allocations in cash or in kind, in undivided interests, or in any proportion
thereof between the two trusts.
a. My Executor shall not allocate any property or the proceeds from any property to
the Marital Trust which would not qualify for the federal estate tax marital deduction in
my estate.
b. My Executor shall not allocate any policies of life insurance insuring the life of
my spouse to the Marital Trust.
c. To the extent that there are insufficient assets qualifying for the marital deduction
to fully fund the Marital Trust, the amount of the funding to the Marital Trust shall be
reduced accordingly.
Section 3. In making the computations necessary to determine the amount passing to the
Marital Trust, my Executor shall use those values as finally determined for federal estate tax
purposes.
a. Property conveyed or assigned in kind to the Marital Trust shall be valued at its
value as finally determined for federal estate tax purposes. However, in no event shall
the aggregate value of the cash and property on the date or dates of distribution be less
~ ~~ ~ 3
than the amount of the Marital Trust as finally determined in Section 1, Paragraph a of
this Article Fourth.
b. When making the decision as to what property shall be allocated to the Marital
Trust, my Executor shall consider the tax consequences and advisability of allocating
property subject to foreign death tax, property on which a tax credit is available, or
property which is income in respect of a decedent under applicable income or estate tax
laws.
Section 4. My spouse shall have the absolute and unequivocal right to compel my Trustee, at
any time, to convert any nonproductive property held as an asset of the Marital Trust to
productive property. This right shall be exercised in writing delivered to my Trustee.
Section 5. My spouse may disclaim all or any portion of any interest in property or power
with respect to property passing to my spouse, or for my spouse's benefit, under this trust within
the time and under the conditions permitted by law.
My spouse's disclaimer may be exercised by delivering an irrevocable and unqualified refusal to
accept all or any portion of such interest or power to my Trustee or Executor.
If my spouse exercises this disclaimer with respect to all or any portion of the Marital Trust, the
interest so disclaimed shall be added to the Family Trust.
If my spouse exercises this disclaimer with respect to my spouse's interest in all or any portion of
the Family Trust, the interest that is disclaimed shall be disposed of under this Will as though my
spouse had predeceased me.
Article Fifth
Administration of Marital Trust
My Trustees shall hold, administer, manage and distribute the assets of the Marital Trust as
follows:
Section 1. My Trustee shall pay to or apply for my spouse's benefit, at least annually during
my spouse's lifetime, all of the net income from the Marital Trust.
Section 2. My Trustee shall pay to or apply for my spouse's benefit such amounts from the
principal of the Marital Trust as my spouse may at any time request in writing. No limitation
shall be placed on my spouse as to either the amount of or reason for such invasion. of principal.
Section 3. My Trustee may also distribute to or for my spouse's benefit as much of the
principal of the Marital Trust as my Trustee, in its sole and absolute discretion, shall consider
necessary or advisable for my spouse's health, maintenance, education and support.
~ ~- ~ 4
My Trustee shall not take into consideration any income or resources of my spouse which are
outside of the Marital and Family Trusts under this Will.
Section 4. My spouse shall have the unlimited and unrestricted general power to appoint, by
a valid last will and testament or by a valid living trust agreement, the entire principal and any
accrued and undistributed net income of the Marital Trust as it exists at my spouse's death. In
exercising this general power of appointment, my spouse shall specifically refer to this power.
My spouse shall have the sole and exclusive right to exercise the general power of appointment.
This general power of appointment specifically grants to my spouse the right to appoint property
to my spouse's own estate.. It also specifically grants to my spouse the right to appoint the
property among persons, corporations, or other entities in equal or unequal proportions, .and on
such terms and conditions, whether outright or in trust, as my spouse may elect.
Section 5. The Marital Trust shall terminate at my spouse's death. My Trustee shall
administer the unappointed balance or remainder of the Marital Trust as follows:
a. My Trustee may, in its sole and absolute discretion, pay for the following
expenses:
The expenses of the last illness, funeral, and cremation of my spouse.
The expenses of administering my spouse's estate.
Any inheritance, estate, or other death taxes payable by reason of my spouse's death,
together with interest and penalties thereon.
My Trustee shall, to the extent that it is reasonable and prudent, coordinate with my
spouse's personal representative to minimize expenses and taxes resulting from my
spouse's death.
b. If the Marital Trust holds United States Treasury Bonds eligible for redemption at
the face amount in payment of the federal estate tax, my Trustee shall redeem the
bonds to the extent necessary to pay any federal estate tax due by reason of my spouse's
death.
c. Without in any way limiting my Trustee's discretion, it is my desire that my
Trustee not make any payments under this Section if those payments can be satisfied
from assets of my spouse outside of the Marital Trust.
~~ ~ ~
Section 6. The unappointed balance or remainder of the Marital Trust shall be administered
as provided in Article Sixth.
Article Sixth
Administration of Family Trust
My Trustees shall hold, administer, manage and distribute the assets of the Family Trust as
follows:
Section 1. My Trustee shall pay to, or apply for the benefit of my spouse, at least quarterly
during my spouse's lifetime, all of the net income from the Family Trust.
Section 2. My Trustee may also distribute to or for the benefit of my spouse as much of the
principal of the Family Trust as my Trustee, in its sole and absolute discretion, shall consider
necessary or advisable for her health, maintenance, education and support.
In making discretionary distributions of principal to my spouse, my Trustee shall preferably make
all distributions of principal from the Marital Trust until it is exhausted, and only thereafter from
the Family Trust.
If my spouse has the power to remove a Trustee of this Family Trust, my Trustee shall not
distribute any of the principal of the Family Trust that would in any manner discharge my
spouse's legal obligation to a beneficiary of the Family Trust.
Section 3. The Family Trust shall terminate at the death of my spouse and my Trustee shall
hold and administer the remaining assets of the Family Trust, including any accrued and
undistributed net income, under the Articles which follow.
Article Seventh
Creation of Trusts for Children
Section 1. If my spouse does not survive me, all the rest, residue and remainder of my estate
wheresoever situated and of whatsoever nature and any property specifically directed to be
distributed under this Article Seventh, shall be divided by my Executor to create an equal trust
share for each of my children with each share to be held in trust under the terms of this Article.
Section 2. The share of each Beneficiary shall be administered and distributed as follows:
a. Distribution of Trust Share for WILLEM F. MARS
1. Distributions of Net Income and Principal
My Trustee shall pay to, or apply for the benefit of, WILLEM F. MAAS, at
least quarterly during his lifetime, all of the net income from his trust share.
~~ ~
Net income shall include the entire amount of any minimum required
distribution from my retirement accounts or similar assets of this trust share.
During the first three years of this trust my Trustee shall pay to, or apply for
the benefit of, WILLEM F. MARS such amounts from the assets of this trust
share which are not income in respect of a decedent as he may at any time
request in writing. No limitation shall be placed on WILLEM F. MARS as to
either the amount of or reason for such invasion of principal, except that he
may not request withdrawal of assets which are characterized as income in
respect of a decedent during the first three years of the existence of this trust.
My Trustee, in its sole and absolute discretion, shall apply to, or for the
benefit of, WILLEM F. MAAS, as much of the principal from his trust share
as my Trustee deems advisable for his health, education and maintenance.
2. Guidelines for Discretionary Distributions
With regard to my Trustee's discretionary authority over the distribution of
income or principal to WILLEM F. MARS, it is my desire that my Trustee be
liberal in exercising such discretion.
I also desire that my Trustee give assistance to WILLEM F. MAAS for:
The purchase of a residence by making mortgage loans to him or by other
appropriate means.
The purchase, establishment, or continuance of a business or professional
practice.
Any other extraordinary opportunity or expense deemed by my Trustee to
be in the best interests of WILLEM F. MAAS.
In making discretionary distributions to WILLEM F. MAAS, my Trustee
shall be mindful of, and take into consideration any additional sources of
income and principal available to WILLEM F. MAAS which arise outside of
this agreement and are known to my Trustee.
It is my express desire that my Trustee take into consideration the future
probable needs of WILLEM F. MAAS prior to making any discretionary
distributions hereunder.
I would ask that my Trustee, before making distributions to WILLEM F.
MARS, remind him of the long-term income tax deferral advantage of
retaining funds inside any retirement plan. It is my intention for the principal
of any share of my retirement accounts made payable to this trust to remain in
trust for so long as is practical to provide for long term regular payments of
income.
Further, I would also ask that my Trustee, before making distributions to
WILLEM F. MARS, remind him of any long-term advantages of retaining
assets in his trust share.
3. Distribution on the Death of WILLEM F. MARS
WILLEM F. MAAS shall have the unlimited and unrestricted general
testamentary power to appoint the entire principal and any accrued and
undistributed net income of his trust share as it exists at his death.
WILLEM F. MAAS shall exercise this general power of appointment by a
valid last will and testament or a valid living trust agreement. In exercising
this general power of appointment, WILLEM F. MAAS shall specifically
refer to this power.
WILLEM F. MAAS shall have the sole and exclusive right to exercise this
general power of appointment.
This general power of appointment specifically grants to WILLEM F. MAAS
the right to appoint property to his own estate. It also specifically grants to
him the right to appoint the property among persons, corporations, or other
entities in equal or unequal proportions, and on such terms and conditions,
whether outright or in trust, as he may elect.
To the extent this general power of appointment is not exercised, my Trustee
shall distribute the remaining trust property to the then living descendants of
WILLEM F. MARS, per stirpes, subject to the provisions of Article Eighth.
If WILLEM F. MAAS has no surviving issue, my Trustee shall distribute the
remaining trust property in equal shares, per stirpes, to my then living
descendants subject to the trusts for my children and other provisions of this
Will.
b. Distribution of Trust Share for JULIE MAAS REIMERS
1. Distributions of Net Income and Principal
My Trustee shall pay to, or apply for the benefit of, JULIE MAAS
REIMERS, at least quarterly during her lifetime, all of the net income from
her trust share. Net income shall include the entire amount of any minimum
required distribution from my retirement accounts or similar assets of this
trust share.
~. ~ ~
During the first three yeazs of this trust my Trustee shall pay to, or apply for
the benefit of, JULIE MARS REIMERS such amounts from the assets of this
trust shaze which are not income in respect of a decedent as she may at any
time request in writing. No limitation shall be placed on JULIE MAAS
REIMERS as to either the amount of or reason for such invasion of principal,
except that she may not request withdrawal of assets which aze chazacterized
as income in respect of a decedent during the first three years of the existence
of this trust.
My Trustee, in its sole and absolute discretion, shall apply to, or for the
benefit of, JULIE MARS REIMERS, as much of the principal from her trust
share as my Trustee deems advisable for her health, education and
maintenance.
2. Guidelines for Discretionary Distributions
With regard to my Trustee's discretionary authority over the distribution of
income or principal to JULIE MAAS REIMERS, it is my desire that my
Trustee be liberal in exercising such discretion.
I also desire that my Trustee give assistance to JULIE MAAS REIMERS for:
The purchase of a residence by making mortgage loans to her or by other
appropriate means.
The purchase, establishment, or continuance of a business or professional
practice.
Any other extraordinary opportunity or expense deemed by my Trustee to
be in the best interests of JULIE MAAS REIMERS.
In making discretionary distributions to JULIE MARS REIMERS, my
Trustee shall be mindful of, and take into consideration any additional
sources of income and principal available to JULIE MARS REIMERS which
arise outside of this agreement and aze known to my Trustee.
It is my express desire that my Trustee take into consideration the future
probable needs of JULIE MAAS REIMERS prior to making any
discretionary distributions hereunder.
I would ask that my Trustee, before making distributions to JULIE MARS
REIMERS, remind her of the long-term income tax deferral advantage of
retaining funds inside any retirement plan. It is my intention for the principal
of any shaze of my retirement accounts made payable to this trust to remain in
trust for so long as is practical to provide for long term regular payments of
income.
~~ ~ 9
Further, I would also ask that my Trustee, before making distributions to
JULIE MARS REIMERS, remind her of any long-term advantages of
retaining assets in her trust share.
3. Distribution on the Death of JULIE MARS REIMERS
JULIE MARS REIMERS shall have the unlimited and unrestricted general
testamentary power to appoint the entire principal and any accrued and
undistributed net income of her trust share as it exists at her death.
JULIE MAAS REIMERS shall exercise this general power of appointment by
a valid last will and testament or a valid living trust agreement. In exercising
this general power of appointment, JULIE MAAS REIMERS shall
specifically refer to this power.
JULIE MAAS REIMERS shall have the sole and exclusive right to exercise
this general power of appointment.
This general power of appointment specifically grants to JULIE MARS
REIMERS the right to appoint property to her own estate. It also specifically
grants to her the right to appoint the property among persons, corporations, or
other entities in equal or unequal proportions, and on such terms and
conditions, whether outright or in trust, as she may elect.
To the extent this general power of appointment is not exercised, my Trustee
shall distribute the remaining trust property to the then living descendants of
JULIE MAAS REIMERS, per stirpes, subject to the provisions of Article
Eighth.
If JULIE MAAS REIMERS has no surviving issue, my Trustee shall
distribute the remaining trust property in equal shares, per stirpes, to my then
living descendants subject to the trusts for my children and other provisions
of this Will.
c. Distribution of Trust Share for ANTHONY E. MARS, JR.
1. Distributions of Net Income and Principal
My Trustee shall pay to, or apply for the benefit of, ANTHONY E. MAAS,
JR., at least quarterly during his lifetime, all of the net income from his trust
share. Net income shall include the entire amount of any minimum required
distribution from my retirement accounts or similar assets of this trust share.
During the first three years of this trust my Trustee shall pay to, or apply for
the benefit of, ANTHONY E. MAAS, JR., such amounts from the assets of
'"'" ~ 10
this trust share which are not income in respect of a decedent as he may at any
time request in writing. No limitation shall be placed on ANTHONY E.
MARS, JR., as to either the amount of or reason for such invasion of
principal, except that he may not request withdrawal of assets which are
characterized as income in respect of a decedent during the first three years of
the existence of this trust.
My Trustee, in its sole and absolute discretion, shall apply to, or for the
benefit of, ANTHONY E. MAAS, JR., as much of the principal from his trust
share as my Trustee deems advisable for his health, education and
maintenance.
2. Guidelines for Discretionary Distributions
With regard to my Trustee's discretionary authority over the distribution of
income or principal to ANTHONY E. MAAS, JR., it is my desire that my
Trustee be liberal in exercising such discretion.
I also desire that my Trustee give assistance to ANTHONY E. MAAS, JR.,
for:
The purchase of a residence by making mortgage loans to him or by other
appropriate means.
The purchase, establishment, or continuance of a business or professional
practice.
Any other extraordinary opportunity or expense deemed by my Trustee to
be in the best interests of ANTHONY E. MAAS, JR.
In making discretionary distributions to ANTHONY E. MAAS, JR., my
Trustee shall be mindful of, and take into consideration any additional
sources of income and principal available to ANTHONY E. MARS, JR.,
which arise outside of this agreement and are known to my Trustee.
It is my express desire that my Trustee take into consideration the future
probable needs of ANTHONY E. MAAS, JR., prior to making any
discretionary distributions hereunder.
I would ask that my Trustee, before making distributions to ANTHONY E.
MARS, JR., remind him of the long-term income tax deferral advantage of
retaining funds inside any retirement plan. It is my intention for the principal
of any share of my retirement accounts made payable to this trust to remain in
trust for so long as is practical to provide for long term regular payments of
income.
Further, I would also ask that my Trustee, before making distributions to
ANTHONY E. MAAS, JR., remind him of any long-term advantages of
retaining assets in his trust share.
3. Distribution on the Death of ANTHONY E. MAAS, JR.
ANTHONY E. MAAS, JR., shall have the unlimited and unrestricted general
testamentary power to appoint the entire principal and any accrued and
undistributed net income of his trust share as it exists at his death.
ANTHONY E. MARS, JR., shall exercise this general power of appointment
by a valid last will and testament or a valid living trust agreement. In
exercising this general power of appointment, ANTHONY E. MAAS, JR.,
shall specifically refer to this power.
ANTHONY E. MAAS, JR., shall have the sole and exclusive right to
exercise this general power of appointment.
This general power of appointment specifically grants to ANTHONY E.
MAAS, JR., the right to appoint property to his own estate. It also
specifically grants to him the right to appoint the property among persons,
corporations, or other entities in equal or unequal proportions, and on such
terms and conditions, whether outright or in trust, as he may elect.
To the extent this general power of appointment is not exercised, my Trustee
shall distribute the remaining trust property to the then living descendants of
ANTHONY E. MAAS, JR., per stirpes, subject to the provisions of Article
Eighth.
If ANTHONY E. MARS, JR., has no surviving issue, my Trustee shall
distribute the remaining trust property in equal shares, per stirpes, to my then
living descendants subject to the trust for my children and other provisions of
this Will.
Article Eighth
Administration for Minor Beneficiaries
Section 1. Trustee's Discretion to Keep Property in Trust
If any trust property becomes distributable to a beneficiary when the beneficiary is under 21 years
of age, my Trustee may retain that beneficiary's share in a separate trust until he or she attains 21
years of age, and administered and distributed, as follows:
,~/~ 12
a. My Trustee shall apply to or for the benefit of the beneficiary as much of the net
income and principal of the trust as my Trustee, in its sole and absolute discretion,
deems necessary or advisable for the beneficiary's education, health, maintenance, and
support.
In making any distributions of income and principal under this Article, my Trustee
shall be mindful of, and take into consideration to the extent it deems necessary, any
additional sources of income and principal available to the beneficiary which arise
outside of this trust.
Any net income not distributed to a beneficiary shall be accumulated and added to
principal.
b. My Trustee shall distribute the trust property to a beneficiary when he or she
attains 21 years of age.
c. If a beneficiary should die before the complete distribution of his or her trust, the
trust shall terminate and all of the trust property shall be distributed to such persons,
corporations, or other entities, including the beneficiary's own estate, in the manner in
which the beneficiary shall elect.
This general power of appointment must be exercised by the beneficiary by either a
valid living trust or last will and testament, either of which specifically refers to this
power of appointment.
To the extent this general power of appointment is not exercised, my Trustee shall
distribute the remaining trust property to the then living descendants of the beneficiary,
per stirpes.
If the beneficiary has no then living descendants, my Trustee shall distribute the
remaining trust property to the then living beneficiaries under Article Seventh of this
Will.
If there are no then living beneficiaries under Article Seventh, my Trustee shall
distribute the remaining trust property as provided in Article Ninth of this Will.
d. My Trustees may make payments to or on behalf of any person who is the
beneficiary of any trust hereunder but in no event, however, shall payments be made to
any creditor or other such person because of anticipation of payment by the beneficiary,
~%/L, ~.A~ 13
and any such claim made by way of anticipation by the beneficiary shall be of no
validity or legal effect.
e. My Trustees, at their discretion, may exhaust all of the principal and income in
carrying out the purposes of this trust and should the amount held in trust be or become
so small as to make it impractical or economically unfeasible to continue holding said
amount in trust, the Trustee may, at their discretion, pay the total amount of said trust
directly to the beneficiazy or to a pazent or guazdian of said beneficiary or place said
amount in a savings account for the benefit of said minor until said minor becomes of
age.
Section 2. My Trustee may make the distributions called for in this Article in any one or
more of the following ways:
Directly to a beneficiary.
To persons, corporations, or other entities for the use and benefit of the beneficiary.
To an account in a commercial bank or savings institution in the name of the beneficiary, or
in a form reserving the title, management, and custody of the account to a suitable person,
corporation, or other entity for the use and benefit of the beneficiary.
In any prudent form of annuity purchased for the use and benefit of the beneficiary.
To any person or duly licensed financial institution, including my Trustee, as a custodian
under the Uniform Transfers to Minors Act, or any similar act, of any state, or in any
manner allowed by any state statute dealing with gifts or distributions to minors or other
individuals under a legal disability.
To any guardian, agent under a valid power of attorney, or other person deemed by my
Trustee to be responsible, and who has assumed the responsibility of caring for the
beneficiary.
Article Ninth
Ultimate Distribution Provisions
If at any time there is no person, corporation, or other entity entitled to receive all or any part of
my estate or any trust property, then that property shall be distributed to those persons who
should be my heirs if I had died intestate owning such property.
The distribution of property, for purposes of this Article, shall be determined by the laws of
descent and distribution for intestate estates in the Commonwealth of Pennsylvania as such laws
aze in effect at the time of a distribution under this Article.
~~ ~ ..
Article Tenth
The Resignation, Replacement and
Succession of my Trustees
The appointment, resignation, replacement, and succession of my Trustees shall be governed as
follows:
Section 1. I hereby nominate, constitute and appoint MARGARET L. MARS and
ANTHONY E. MAAS, JR., as Co-Trustees of the trusts created by this, my Last Will and
Testament, without the necessity for posting security regardless of state of residence.
Section 2. -Any Trustee may resign by giving thirty days' written notice to any Co-Trustee
then serving, which notice is also to be delivered to the successor Trustee, if any, and to all of the
beneficiaries then eligible to receive mandatory or discretionary distributions of net income from
any trust created under this Will.
If a beneficiary is a minor or is legally incapacitated, the notice shall be delivered to that
beneficiary s guardian or other legal representative. Such resignation shall be effective upon the
successor Trustee's written acknowledgment of his undertaking of the duties of a trustee.
Section 3. Any Trustee may be removed by my spouse at any time after my death. The
person or persons who have authority to remove a Trustee shall not be required to give any
Trustee being removed any reason, cause, or ground for such removal. Notice of removal shall
be made in writing and delivered to the Trustee and shall be effective upon the designation of a
successor corporate Trustee.
Section 4. Trustees shall be replaced in the following manner:
a. If either individual Trustee is unwilling or unable to serve as Trustee, or cannot
continue to serve for any reason, then I nominate, constitute and appoint the following to be
the successor Trustee in the order named:
First, WILLEM F. MAAS, and
Second, JULIE MARS REIMERS.
b. In the event that all of the named individual trustees are unwilling or unable to serve as
Trustee, are removed or cannot continue to serve for any reason, then a majority of the
beneficiaries then eligible to receive mandatory or discretionary distributions of income
under the trust or trust share shall forthwith name a new corporate fiduciary.
If a majority of the beneficiaries then eligible to receive mandatory or discretionary
distributions of net income under this trust cannot agree on a corporate fiduciary, any
removed Trustee or beneficiary can petition a court of competent jurisdiction, ex parte, to
designate a corporate fiduciary as a Trustee.
15
•
The court that designates the successor Trustee shall not acquire any jurisdiction over any
trust created under this Will, except to the extent necessary to name a corporate fiduciary as
a successor Trustee.
Section 5. Any corporate fiduciary appointed by a court of competent jurisdiction as a
Trustee must be a bank or trust company situated in the United States having trust powers under
applicable federal or state law. Such fiduciary shall have a combined capital and surplus of at
least 2 million dollars.
Section 6. Any successor Trustee, whether corporate or individual, shall have all of the
rights, powers, and privileges, and be subject to all of the obligations and duties, both
discretionary and ministerial, as given to the original Trustees. in accordance with the procedures
set forth above.
Any successor Trustee shall be subject to any restrictions imposed on the original Trustees. No
successor Trustee shall be required to examine the accounts, records, and acts of any previous
Trustees.
No successor Trustee shall in any way be responsible for any act or omission to act on the part of
any previous Trustees.
Section 7. Notwithstanding any other provision of this Will, during the first three years after
my death, Legend Financial Advisors, Inc., now of Pittsburgh, Pennsylvania, shall be the
investment manager of the IRA Rollover account now identified as T D Waterhouse Account
No.511-95260. After the three year period the Co-trustees may select an investment manager as
well as negotiate the compensation for the services provided. The nature and extent of
administrative services to be provided, as well as the compensation for such services shall be
reflected in a written agreement signed by both the Co-trustees and the selected investment
manager.
Section 8. Notwithstanding any other provisions of this, my Last Will and Testament, my
Trustee may not exercise or participate in the exercise of discretion with respect to the
distribution of income or principal to any person my Trustee is legally obligated to support, to the
extent the distribution discharges the support obligation of my Trustee.
Article Eleventh
Appointment of Executor
I hereby nominate, constitute, and appoint my wife, MARGARET L. MARS, as Executor of
this, my Last Will and Testament. In the event that my spouse shall predecease me, or be
unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint
ANTHONY E. MAAS, JR., without necessity for posting security regardless of state of
residence, as Executor of this, my Last Will and Testament. In the event that ANTHONY E.
MARS, JR., shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid,
.,
~ ~ i ~ ~
then I nominate, constitute and appoint WILLEM F. MARS, without necessity for posting
security regardless of state of residence, as Executor of this, my Last Will and Testament. In the
event that WILLEM F. MAAS shall predecease me, or be unwilling or unable to act as my
Executor, as aforesaid, then I nominate, constitute and appoint JULIE MAAS REIMERS,
without necessity for posting security regardless of state of residence, as Executor of this, my
Last Will and Testament. All references to the Executor herein shall be applicable to said
substitute Executor.
Article Twelfth
My Executor's and Trustee's Administrative and
Investment Powers
My Executor and Trustee shall have, in addition to the powers and authority conferred upon them
by law, the following additional powers and authority:
1. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or
personal, at any time constituting a portion of a trust or my estate, and upon such terms and
conditions as the Executor or Trustee shall deem wise.
2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life
insurance, annuities or other securities (including proprietary mutual funds of the corporate
Executor or Trustee), or such property, real or personal, as the Executor or Trustee shall deem
wise, without being limited by any statutes or rule of law regarding investments by the Executor
or Trustee.
3. To retain, without incurring any liability, as investments, any property owned by me at the
time of my death, as long as they deem it wise, and even though such property is not the kind of
property an Executor or Trustee would purchase as an investment; and even though to retain such
property might violate sound diversification principles; and to make any division, distribution or
partition of the estate or trust property in cash or kind, or partly in cash and partly in kind, pro
rata or non-pro rata.
4. To cause any security or other property which may constitute a portion of a trust or of my
estate to be issued, held or registered in their own name, or in the name of a nominee, or in such
form that title will pass by delivery.
5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale
of the assets of any corporation or other organization, the securities of which constitute a portion
of a trust or of my estate, and to take any action with reference to such securities which, in the
opinion of the Executor or Trustee is necessary to obtain the benefit of any such reorganization,
consolidation, readjustment or sale; to exercise any conversion privilege or subscription right
given to them as owner of any securities constituting a portion of a trust or of my estate resulting
from any reorganization, consolidation, readjustment, sale, conversion or subscription.
6. To pay all costs, taxes, charges and expenses in connection with the administration of a trust
or of my estate, including such compensations to Executor or Trustee. My corporate Executor or
corporate Trustee shall receive compensation for the performance of its functions hereunder in
accordance with its schedule of fees in effect from time to time during the period over which it
services are performed. In addition to fees paid to corporate Executors or Trustees, individual
trustees, other than a beneficiary of the trust, may be compensated in an amount equal to one-half
of the corporate trustee's compensation. Any individual trustee who is also a beneficiary shall
serve without compensation.
7. To determine what is "income" and what is "principal" hereunder, and their decision thereon
shall be final; and to purchase securities at a premium or discount, and to apply or charge said
premium or discount against income or principal as the Executor or Trustee may determine.
8. To borrow money from any person, firm or corporation, including any corporation acting as
an Executor or Trustee hereunder, for the purpose of protecting and preserving or improving my
estate or trust hereunder; to execute promissory notes or other obligations for amounts so
borrowed upon such terms and conditions as they deem advisable.
9. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and
other agents and employees and to pay them reasonable compensation out of my estate or any
funds held hereunder to which said compensation is attributable. My Trustees are directed to and
shall employ Legend Financial Advisors, Inc., as investment advisors for the trust assets now
identified as T D Waterhouse Account No.511-95260 for a period of three (3) years after the
deaths of both my spouse and myself.
10. To carry on any business owned or controlled by me at my death for whatever period of time
they shall think proper, and they shall have the power to do any and all things they deem
necessary or appropriate, including the power to close out, liquidate or sell the business at such
time and upon such terms as to them shall deem best.
11. My Executor may exercise any available elections with regard to state or federal income,
inheritance, estate, succession, or gift tax law. My Executor shall, in its absolute discretion,
determine whether to elect under Section 2056(b)(7) of the Internal Revenue Code of 1986 or
corresponding provision in effect at my death, to qualify any portion of the Marital Trust for the
federal estate tax marital deduction.
Generally, I anticipate that my Executor will elect to minimize the estate tax payable by my
estate. However, I would expect that some consideration be given to the estate tax payable in my
spouse's estate upon her death, especially if she should die prior to the time the election is made.
The determination of my Executor with respect to the exercise of the election shall be conclusive
upon all affected persons.
12. The Executor or Trustee may, but shall not be required to, prepare and file accountings with
any Court. Prior to delivering all of the property of any trust hereunder to a successor Trustee or
to making any partial or complete distribution of trust principal or of my estate assets, the
b.~ ~ ~
i ~ t ~ ~ M
•
Executor or Trustee may require an approval of its accounting either by a release and discharge
by the beneficiary or beneficiaries of any such trust or by a Court of competent jurisdiction. All
of the Executor's or Trustee's fees and expenses (including reasonable attorney's fees)
attributable to any such accounting and approval shall be paid by such trust.
13. The Trustee in its sole and absolute discretion may terminate any trust hereunder at any time
it determines that the aggregate value of the trust property renders continued administration
economically infeasible and, upon such termination, shall pay over the remaining trust property
to the income beneficiary or, proportionately, the income beneficiaries thereof (or to a parent or
legal guardian in the case of a minor beneficiary).
Upon such termination, the remainder interest in such trust shall be extinguished and the Trustee
shall be accountable with respect to such trust only to such income beneficiary or beneficiaries
(or to a parent or legal guardian in the case of minor beneficiary).
14. To minimize any tax in respect of any trust, or any beneficiary thereof, or for such other
purpose as it deems appropriate, the Trustee may in its sole and absolute discretion remove all or
any part of the property of, or the situs of administration of, such trust from one jurisdiction to
another and elect, by an instrument filed with the trust records, that thereafter such trust shall be
construed, regulated and governed as to administration by the laws of such other jurisdiction.
15. To do all other acts in their judgment necessary or desirable for the proper and advantageous
management, investment and distribution of a trust or of my estate.
Article Thirteenth
General Provisions
Section 1. Protective Clause
To the fullest extent permitted by law, the interests of all the beneficiaries in the various trusts
and trust property subject to this Will, shall not be alienated, pledged, anticipated, assigned, or
encumbered unless specifically authorized by the terms of this Will.
Such interests, while they remain trust property, shall not be subject to legal process or to the
claims of any creditors.
Section 2. Survivorship Presumptions
If the order of my death and my spouse's death cannot be established by proof, my spouse shall
be deemed to have survived me.
Section 3. Changing the Trust Situs
After my death, the situs of any trust under this Will may be changed by the unanimous consent
of all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net
income from the trust.
If such consent is obtained, the beneficiaries shall notify my Trustee in writing of such change of
trust situs, and shall if necessary designate a successor corporate fiduciary in the new situs. This
notice shall constitute removal of the current Trustee if appropriate, and any successor corporate
Trustee shall assume its duties as provided under this Will.
A change in situs under this Section shall be final and binding, and shall not be subject to judicial
review.
Section 4. Headings of Articles, Sections, and Paragraphs
The headings of Articles, Sections, and Paragraphs used within this Will are included solely for
the convenience and reference of the reader. They shall have no significance in the interpretation
or construction of this Will.
Section 5. Notices
All notices required to be given in this Will shall be made in writing by either:
Personally delivering notice to the party requiring it, and securing a written receipt, or
Mailing notice by certified United States mail, return receipt requested, to the last known address
of the party requiring notice.
The effective date of the notice shall be the date of the written receipt or the date of the return
receipt, if received, or if not, the date it would have normally been received via certified mail,
provided there is evidence of mailing.
Section 6. Delivery
For purposes of this Will "delivery" shall mean:
Personal delivery to any party, or
Delivery by certified United States mail, return receipt requested to the party making
delivery.
The effective date of delivery shall be the date of personal delivery or the date of the return
receipt, if received, or if not, the date it would have normally been received via certified mail,
provided there is evidence of mailing.
~/' ~~ ~ 20
A
Section 7. Income in Respect of a Decedent
The term "income in respect of a decedent" means income received after a decedent's death that
would have been taxable to the decedent if the income had been received by the decedent during
the decedent's lifetime. For example, payments under qualified retirement plans and other
deferred compensation arrangements are income in respect of a decedent. For purposes of this
will, income in respect of a decedent means any income that would be classified as income in
respect of a decedent under Section 691(a) of the Internal Revenue Code.
Section 8. No Contest Clause
If, after receiving a copy of this Section, any person shall, without probable cause, in any manner,
directly or indirectly, attempt to contest or oppose the validity of this Will, (including any Codicil
to this Will), or commences, continues or prosecutes any legal proceedings to set this Will aside,
then such person shall forfeit his or her share, cease to have any right or interest in the estate
property, and shall, for purposes of this Will be deemed to have predeceased me.
This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying
for the federal estate tax marital deduction or charitable deduction.
IN WITNESS WHEREOF, I, ANTHONY E. MARS, have affixed my initials to this, my Last
Will and Testament, typewritten on twenty -one sheets of paper which I have identified at the
bottom of each page by my initials, the ~ - day of ~,,l~,,,~.J , 2005.
ANTHONY E. S
The preceding instrument consisting of this and twenty other typewritten pages, each identified
by the initials of the Testator, ANTHONY E. MARS, was on this day and date thereof signed,
published and declared by ANTHONY E. MARS, the Testator therein named, as and for his
Last Will, in the presence of us who, at his request, in his presence, and in the presence of each
other have subscribed our names as witnesses.
art„>_:__~ S' ~t~~.,-- ~c~e-~.-~- `~ ~a~/~
~ ~ ~~ 2i
r -7
~ c ' h ~` ~ ~ N ~ ~ Ir
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND
I, ANTHONY E. MAAS, Testator, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
ANTHONY E. S
Sworn or affirmed to and acknowledged before me, by ANTHONY E. MAAS, the Testator the
/'`~ day of S~ p ~~~ti3~ 2 , 2005.
NOTARIAL SEAL
DAVID H RADCUFF
Notary Pubis
LEMOYNE BOROUGH, CUMBERLAND COUNIY
My Commission Expires Jun 29, 2008
COMMONWEALTH OF PENNSYLVANIA:
~ ~l~ ~)
Notary Public
SS
COUNTY OF CUMBERLAND -- .
We ~(,~I/) ~ ~ ~}- ~~~Y~JU , and >g 8 ~ /~ ~ ~-~ ,the
witnesses whose names are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw Testator sign and execute the
instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act
for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will
as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years
of age, of sound mind and under no constraint or undue influence.
(~ Sworn y _ _ n~ /-?A and
IJ(~ 61£ ~- ~~4~C.L1 ~F r ,witnesses, this /sue day of S~,ota~fl~2 , 2005.
NOTARIAL SEAL /G~ (SEAL)
DAVID H RADCLIFF Notary Public
No~ry PubNc
LEMOYNE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Jun 29, 2008
or ffirmed to and subscribed to before me b ~ N ~i` ~. ~d~
11 ~ /~'~~/ 22