HomeMy WebLinkAbout04-30-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Lewis Alfred Straw ~ ~ _ /~ _ O ~ ~~
File Number _ .
also known as Lewis A. Straw and Lewis Straw
Deceased Social Security Number 187-07-9895
B an W. Shook
Petitioner(s), who is/are 18 years 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
last Will of the Decedent dated April 5, 2010 named in the
and codicil(s) dated N/A
(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
(I,fapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (/f
Administration, c. t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
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Decedent was domiciled at death in Cumberland ~ ~
County, Pennsylvania with his /her last
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14 Drexel Hills Circle New Cumberland Penns lvania 17070 p
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(List street address, towrdcity, township, county, state, zip code) ,r~
Decedent, then 92 years of age, died on April 28, 2010
at Holy Spirit Hospital, Camp Hill, Cumberland County, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 800,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 200,000.00
situated as follows: 14 Drexel Hills Cr., New Cumberland, PA; 21 Balm St., HBG, PA, 617 Peffer St., HBG, PA; 1216 Bailey St., HBG, PA
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
I Bryan W. Shook - 643 Brisbain Lane, Enola, Cumberland Cunty, Pennsylvania ] 7025
Form RW-02 rev. 10.13.06
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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 knowledge 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 affirmed and subscribed
be ore me the ~~ day of
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or the Register
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Signature o rsonal Representati e
Signature of Personal Representative
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Signature of Personal Representative
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File Number:__ .~-
Estate of Lewis Alfred Straw
Deceased
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Social Security Numbe[: 187-07-6895 Date of Death: Apri128, 2010
AND NOW, D~ , ~, in consideration of the foregoing Petition, satisfactory proof
having been presented before m , IT IS DECREED that Letters Testamentary
are hereby granted to Bryan W. Shook
in the above estate
and that the instrument(s) dated April 5, 2010
described in the Petition be admitted to probate and filed of record as the last will lanrl r..,t;,.;u~~~ ,.or,..__~__~
FEES
Letters ............... $ 660.00
Short Certificate(s) . ....... $ 60.00
Renunciation(s) ... ....... $ 0.00
Will $ 15.00
JCP ... $ 23.50
Automation Fee .. $ 5.00
... $
... $
... $
... $
... $
... $
TOTAL ........ ...... $ 763.50
Attorney Signature:
Supreme Court I.D. No.: 203250
Address: 2132 Market Street
Camp Hill, Pennsylvania 1701 I
Te I ephon e: 717-975-9446
Form RW-02 rev. 10.13.06
Page 2 of 2
Attorney Name: Bryan W. Shook, Esquire
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee ,'cn this ccrtilir,te S6.OU
P 16356119
<<1-(It1C~1'lOtl !~nmber
This is to certif,,, that the information here Qiven i
correctly copied from an original Certificate of Ueat
duly tiled with ;ne as ]-,Deal Registrar. The origin-
certiticate will he forwarded m the State Vita
Records Office fur permanent filing.
L~e~ R~~~-K~>~~~ AP~t 2 9 2010
Local Registrar ~ o Date Issued
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TYPE /PRINT IN
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and aYamnlea nn ~aMaa~y
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Catherine Potter
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Dieprikion Partnd No. -_ ~: y-'(~ Le' (i~
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LAST WILL AND TESTAMENT
~To ~ ,.
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LEWIS A
STRAW ~'`~
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I, Lewis A. Straw, having my legal residence at 14 Drexel Hill Circle, New
Cumberland, Cumberland County, Commonwealth of Pennsylvania, do hereby
declare this to be my Last Will and Testament, revoking all other Wills and Codicils
heretofore made by me.
SECTION 1: MY BENEFICIARIES
1.01 I am married to A. Marian Straw. All references in this Will, or any
trust document created therein, to "my spouse" or "my wife" are to her.
1.02 In addition to my spouse and any residual charities, my intended
beneficiaries are my wife's grandson, Lewis Dopp, and his daughter, Savannah
Marie Dopp (DOB 7/21/2007).
1.03 I have specifically and deliberately excluded any of my children or
other descendants.
SECTION 2: PAYMENT OF EXPENSES AND OTHER CHARGES
2.01 I direct my Executor to pay the expenses of my last illness, funeral and
burial (including the cost of a monument or marker over my grave) from my estate
as soon as practicable after my death.
2.02 I further direct that all of my legally enforceable debts and any costs
associated with the administration of my estate be paid from my estate when my
Dethlefs - Pykosh Law Group, LLC
2132 Market Street Camp Hill, PA 17011
(717) 975-9446
Executor, in his sole discretion, determines appropriate.
2.03 The timing and amount deemed appropriate by my Executor shall not
be predicated upon the necessity of obtaining the approval of any court having
jurisdiction over the administration of my estate and without regard to any
statutory limitation.
SECTION 3: PAYMENT OF TAXES
3.01 All federal, state and other death taxes, including any generation
skipping tax, payable on the property forming my gross estate for those purposes,
shall be paid out of the principal of my probate estate just as if they were my debts,
and none of those taxes shall be charged against any beneficiary.
3.02 This article shall apply to any asset, whether or not it passes under
this Will, or whether it passes by reason of joint ownership thereof, such as
certificates of deposit, savings bonds, etc.
SECTION 4: TANGIBLE PERSONAL PROPERTY
4.01 I give all personal property owned by me at my death, and all
insurance policies on such property, to those individuals, who survive me by thirty
(30) days, who are designated on a list or memorandum signed by me which refers
to this Will, or is found with a copy thereof, the items listed beside their names. If
no such list is found within thirty (30) days of my death, it shall be presumed that
no such list exists. These instructions are to guide my Executor, and it is my hope
and expectation that such instructions are carried out, without intending to impose
any trust or legal obligation.
4.02 The balance (including any item under subparagraph (1) above, the
bequest of which has lapsed) to Lewis Dopp.
4.03 Any disputes concerning the allocation of my tangible personal
property shall be resolved by my Executor in my Executor's sole discretion. This
shall include conferring on my Executor the power to sell any property and adding
the proceeds to my estate.
Page Z of Z5
SECTION 5: SPECIAL PROVISION ADDRESSING
THE POSSIBILITY OF NO FEDERAL ESTATE TAX
IN EFFECT AT THE TIME OF MY DEATH
5.01 Notwithstanding anything to the contrary hereunder, if on the date of
my death, there is no federal estate tax law in effect, thereby precluding the use of
using a unified credit or applicable exemption in any funding formula contained in
this instrument, I hereby direct my Executor to either use the previous unified
credit amount that was in effect or the unified credit amount that is scheduled to go
into effect the year after my death.
5.02 My Executor may decide, in his sole discretion, to delay the funding of
these testamentary trusts, even if it results in additional fees, expenses or fines, if
he has a reasonable belief that Congress will pass legislation retroactively
establishing a federal tax and unified credit to cover a period addressed by this
section.
5.03 Any allocation of basis by my Executor shall be final and not subject to
review by any beneficiary or court.
5.04 My executor shall not be held liable for any good faith decisions made
during a period covered by this section.
SECTION 6: DEVISE AND BEQUEST OF CREDIT SHELTER AMOUNT
TO FAMILY TRUST FOR THE BENEFIT OF A. MARIAN STRAW,
LEWIS DOPP AND SAVANNAH MARIE DOPP
6.01 I give to my Trustee, heretofore named, to hold the same IN TRUST,
the largest amount that can pass free of federal estate tax by reason of the unified
credit, the state death tax credit and any other estate tax credits allowed by the
Internal Revenue Code; provided, however, that (1) the state death tax credit shall
be taken into account only to the extent that it does not result in an increase in
state death taxes which would otherwise be payable; (2) the sum disposed of by this
Section shall be reduced by the value of property which passes outside the terms of
this Will or which passes under other Sections of this Will and which does not
Page 3 of `L5
qualify for the estate tax charitable or marital deductions; and (3) the sum disposed
of by this Section shall be reduced by charges against the principal of my estate
which do not qualify as federal estate tax deductions.
6.02 In making the computations necessary to determine the amount of this
pecuniary bequest, valuations and credit amounts as finally determined for federal
estate tax purposes shall control.
6.03 My Executor shall have the sole and absolute discretion to treat
expenses as either estate tax or income tax deductions, to select tax valuation
methods and dates, and to exercise any other allowable tax election, regardless of
the effect thereof on the amount of this bequest, and no adjustment to this bequest
shall be required by reason of any such determination made by my Executor. My
Executor shall also have the sole and absolute discretion to select the assets to be
used in funding this trust estate.
6.04 I direct my Trustee to establish this trust as the "STRAW FAMILY
TRUST." All references hereinafter to the Family Trust are to be considered as
referencing this trust established in this Section of my Will.
SECTION 7: ADMINISTRATION OF THE STRAW FAMILY TRUST
I direct my Trustee to hold, administer and distribute said trust, to be known
as the "STRAW FAMILY TRUST" as follows:
7.01 Testator Intent
In making any determination as to the amount, if any, that should be
paid to, or on behalf of, any beneficiary of this Trust, the Trustee shall bear in mind
that my primary objective is to assure that during the lifetime of my beloved wife,
all of her needs for maintenance, support, health, and education are liberally
addressed. In meeting this primary objective, my Trustee can take into
consideration any other available resources available to my wife, including those
that constitute the Marital Trust established in Sections 9 and 10 of this Will. The
secondary objective is to conservatively provide for the lifetime maintenance,
support, health, and educational needs of Lewis Dopp. The final objective is to
Page 4 of 25
provide for the educational needs of Savannah Marie Dopp, as outlined further in
this Section.
7.02 Spendthrift Provisions
(a) My Trustee may make discretionary payments of income or
principal to any person after taking into consideration, or without taking into
consideration, as my Trustee deems appropriate, any other income or financial
resources reasonably available to said beneficiary. All aspects of decisions with
respect to discretionary payments of income and principal shall be made by my
Trustee in his sole and absolute discretion, such that no creditors of any beneficiary,
including any governmental agencies which may furnish services, payments or
benefits to a beneficiary, shall have any claim to any of the income or principal of
my estate or any trust.
(b) My Trustee shall have the further power to make payments of
any income or principal for a beneficiary (i) directly to the beneficiary; (ii) to the
individual who is, in the judgment of my Trustee, in proper charge of such person,
regardless of whether there is a court order to that effect; (iii) in the case of a minor,
to a custodian for the minor named by my Trustee, to be held as a gift under the
Pennsylvania Uniform Transfers to Minors Act, with the custodial arrangement
continuing until the beneficiary reaches twenty-one (21) years of age; or (iv) by
paying or applying any part or all thereof for a beneficiary's benefit or on a
beneficiary's behalf; and in every such event payment may be made without any
necessity of obtaining a receipt or the approval of any court, and such payments
made in good faith shall be deemed proper and shall be a complete release and
acquittance of my Trustee therefor.
(c) A deposit of funds to the beneficiary's account in a bank or other
financial institution is the equivalent of direct payment to the beneficiary. No
payment may be assigned, anticipated, or encumbered by the beneficiary; nor may
any payment be attached, garnished, or executed upon by any creditor of the
beneficiary.
(d) No distributions of principal and/or income are mandatory. My
Page 5 of 25
Trustee, in his sole discretion, may accumulate income and only make distributions
or payments as he deems appropriate.
7.03 Instructions Concerning A. Marian Straw
(a) If my beloved wife survives me, my Trustee shall apply on my
wife's behalf so much and only so much of the principal and income of the trust as is
necessary, in my Trustee's judgment, to provide her with those benefits and
services, and only those benefits and services, that are not or may not otherwise be
available to her from other sources as or when needed for her care, welfare, and
maintenance. Without expanding or limiting the discretion of my Trustee to take
whatever actions my said Trustee may consider necessary for my wife's welfare, in
accordance with the trust purposes, I state my desire that the trust be used in ways
that will best enable her to lead as normal, comfortable, dignified, and fulfilling a
life as possible; to be cared for at home for as long as feasible, and in any event in
the most home-like, dignified, and humane environment possible and consistent
with any need for care and treatment; to have as many opportunities as possible for
normal social interaction with members of her family and other persons in the
community in a manner consistent with her age and interest; and to have every
reasonable opportunity to be responsible for her own welfare, independent of this
trust, to the extent of her capacity.
(b) After first considering the availability of other resources,
including those in the Marital Trust established in Section 9 and 10 of this Will, my
Trustee may, in his sole discretion, use assets of this Family Trust to pay for the
following expenses: 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.
(c) My Trustee's discretion to make or not to make payments on
behalf of my wife shall be absolute and nonreviewable.
7.04 Instructions Re arding Lewis Dopp
(a) During the lifetime of Lewis Dopp, my Trustee shall pay such
Page 6 of 25
amounts of the net income and principal of the FAMILY TRUST, and in such
proportions among them as the Trustee may deem advisable, to provide for Lewis's
maintenance, support, health, and education.
(b) With regard to my Trustee's discretionary authority over the
distribution income or principal to Lewis Dopp, it is my desire that my Trustee be
conservative in exercising such discretion.
(c) In making discretionary distributions to Lewis Dopp, my
Trustee shall be mindful of, and take into consideration any additional sources of
income and principal available to Lewis Dopp which arise outside of this
agreement and are known to my Trustee.
(d) It is my express desire that my Trustee take into consideration
the future probable needs of Lewis Dopp prior to making any discretionary
distributions hereunder.
(e) Without limiting my Trustee's ability to sell 2308 Ritner
Highway, Carlisle, Pennsylvania, 17013, I hereby direct my Trustee to allow
that property, or one in-kind, to be used by Lewis Dopp as his primary residence
during his lifetime.
7.05 Instructions Regarding Savannah Marie Dopp
(a) In connection with the administration of this trust, I wish to
emphasize that I place a high premium on education. To that end, I request that my
Trustee make distributions to Savannah Marie Dopp for education (college, trade
school, post-graduate school) so long as she is making good educational progress as
a student that likely will lead to her becoming self-sufficient and a productive
member of society.
(b) When Savannah Marie Dopp begins high school, my Trustee
shall notify her, or her guardian, and explain that she may be entitled to
distributions from this Trust to continue her education through college and post-
graduate studies. This notification shall serve as an incentive to Savannah Marie
Dopp to perform well while attending high school. When my Trustee shall receive
satisfactory notice that Savannah Marie Dopp has become regularly enrolled as a
Page 7 of 25
student in a college or other institution of collegiate grade, my Trustee shall pay to
her, or apply for her benefit, all of the direct costs of tuition, books, fees, and
expenses attributable to such education. If after having enrolled, Savannah Marie
Dopp discontinues her studies prior to graduation, and my Trustee receives notice
of such discontinuance, my Trustee may cease payments made to Savannah Marie
Dopp, or on her behalf.
(c) The period in which Savannah Marie Dopp is to conclude her
educational studies is not an open-ended period of time. I hereby direct my Trustee
to cease making payments from this trust for her educational needs after she
attains the age of thirty-two(32), unless special circumstances exist to warrant my
Trustee extending this period.
(d) In the event my Trustee decides, in my Trustee's sole discretion,
to use income or principal hereunder for the education of Savannah Marie Dopp,
my Trustee shall pay tuition expenses directly to the educational institution so as to
take advantage of the exemption from the generation-skipping transfer tax under
Internal Revenue Code ("IRC") Section 2611 (b)(1), or its equivalent provision.
(e) My Trustee shall not be held accountable in any way for
decisions made or actions taken, as it is my express desire to afford my Trustee full
discretion to liberally encourage and assist Savannah Marie Dopp to at least
obtain a college education.
7.06 Termination of Family Trust
(a) I hereby direct my Trustee to terminate this Family Trust upon
the later occurrence of the following events:
(1) if Savannah Marie Dopp predeceases A. Marian Straw
and Lewis Dopp, then upon the later death of A. Marian Straw or Lewis Dopp; or
(2) the death of A. Marian Straw or Lewis Dopp after
Savannah Marie Dopp has concluded her educational studies as outlined in Section
7.05 of this Will; or
(3) if A. Marian Straw and Lewis Dopp are deceased before
the termination of the time period allowed for Savannah Marie Dopp to complete
Page 8 of 25
her eductational pursuits, then this Trust shall terminate at the earlier occurrence
of the termination of said time period or the death of Savannah Marie Dopp.
(b) Upon the termination of this Family Trust, my Trustee shall
distribute any existing principal and income of the Trust according to the Provisions
for Ultimate Distribution contained in Section 14 of this Will.
SECTION 8: RESIDUARY ESTATE
My residuary estate shall consist of (a) all property or interests therein not
otherwise effectively disposed of in this Will, of whatever kind, nature or
description, and wherever located, including any property to which I shall be in any
way entitled at the time of my death, any and all property over which I may have a
power of appointment and any insurance proceeds which may be payable to my
estate, less (b) all valid claims asserted against my estate and all expenses incurred
in administering my estate, including expenses of administering nonprobate assets.
SECTION 9: DISPOSITION OF RESIDUARY ESTATE TO
MARITAL TRUST FOR THE BENEFIT OF A. MARIAN STRAW
9.01 If my wife survives me, I give my residuary estate unto my Trustee,
heretofore named, to hold the same IN TRUST, to be known as the "MARITAL
TRUST F/B/O A. MARIAN STRAW." All references hereinafter to the Marital
Trust are to be considered as referencing this trust established in this Section of my
Will.
9.02 My Executor shall have the sole and absolute discretion to treat
expenses as either estate tax or income tax deductions, to select tax valuation
methods and dates, and to exercise any other allowable tax election, regardless of
the effect thereof on the amount of this bequest, and no adjustment to this bequest
shall be required by reason of any such determination made by my Executor. My
Executor shall also have the sole and absolute discretion to select the assets to be
used in funding this trust estate; provided however, that this bequest shall be
funded only with assets which my Executor can elect to qualify for the marital
Page 9 of 25
deduction.
9.03 I authorize my Executor, in his sole discretion, to elect, under Internal
Revenue Code ("IRC") Section 2056(b)(7) or equivalent provision, to qualify all or a
specific portion or none of the trust created in this Section for the federal estate tax
marital deduction. It is my wish or desire that my Executor shall exercise his
discretion so as to elect to minimize the estate taxes payable by my estate, where
appropriate. However, my Executor shall also consider the size and taxable status
of my wife's estate in exercising its discretion. My Executor shall make its election
in the timely filed federal estate tax return for my estate and such election shall not
be subject to challenge by any affected parties.
SECTION 10: ADMINISTRATION OF THE MARITAL TRUST
10.01 My Trustee shall collect the income, rents and profits arising from the
principal of this trust estate and after paying all charges, costs and expenses
incident to the maintenance, operation and management thereof, shall distribute
the income and principal as follows:
(a) My Trustee shall pay to my wife, the entire net income from this
trust estate, commencing from the date of my death, no less frequently than
annually, in as convenient installments as may be practicable, for and during the
term of her natural life; provided, however, in no event shall such payments be
made less frequently than annually. In connection therewith, my wife shall have
the right and power to direct that the assets of this trust be reinvested so as to
produce such income as is reasonable and consistent with the value of the trust
corpus. A reasonable sum or sums may be paid to my wife during the
administration of my estate as an advance against the income which will accrue to
this trust estate.
(b) In addition to the income hereinabove provided, my Trustee
shall pay to my wife such sum or sums from the principal of this trust estate as my
Trustee may deem to be reasonably required from time to time for her continued
health, education, maintenance, and for her support in the standard of living to
Page 10 of 25
which she has become accustomed.
(c) If this Trust holds unproductive assets, which I hereby permit,
my wife has the power to require my Trustee to either make the property productive
or convert it to productive property within a reasonable time.
10.02 Upon the death of my wife, this Trust shall terminate.
(a) All undistributed income therefrom, including income accrued
prior to the time of my wife's death but uncollected, shall be paid over and
distributed to my wife's estate; unless there is a contrary provision in the Will of my
wife, an amount equal to the excess, if any, of all estate, inheritance and similar
taxes, including interest and penalties thereon, becoming payable by reason of my
wife's death over the amount which would have been payable had the value of the
assets of this Trust not been included in my wife's gross estate, or otherwise taxed
by reason of her death, shall be paid over to the appropriate taxing authorities for
the account of the Executor of my wife's estate or, in the discretion of the Trustee,
distributed to my wife's estate for such purpose.
(b) If my wife disclaims, in whole or in part, her interest in any part
of the marital deduction bequest or her interest in any other property which may
pass to her under this Will or by operation of law or by reason of her survivorship,
then the Executor shall add any such property so disclaimed to the FAMILY
TRUST created under Sections 6 and 7 of this Will to be disposed of in accordance
with the provisions thereof as if same were part of that Trust from the date of my
death.
(c) If my wife does not survive me, then my Executor shall give my
residuary estate to the Trustee, to be added to the FAMILY TRUST created under
Sections 6 and 7 of this Will, to be disposed of in accordance with the provisions
thereof as if same were part of that Trust from the date of my death.
SECTION 11: SPECIAL PROVISIONS FOR REAL ESTATE INTERESTS
11.01 Any real estate interest that I possess at the time of my death shall be
included as assets in my estate and subject to allocation to either the Family Trust
Page 11 of 25
or the Marital Trust, as my Executor, in his sole discretion, deems appropriate.
11.02 My Executor and Trustee have absolute discretion to hold, allocate,
pledge, encumber or sell any interest that I have in any real estate property.
11.03 At the time of this writing I have interests in the following properties:
(a) 1216 Bailey Street, Harrisburg, Pennsylvania;
(b) 21 Balm Street, Harrisburg, Pennsylvania;
(c) 617 Peffer Street, Harrisburg, Pennsylvania;
(d) 14 Drexel Hill Circle, New Cumberland, Pennsylvania; and
(e) 2308 Ritner Highway, Carlisle, Pennsylvania.
11.04 This authority of my Executor and Trustee shall extend to any interest
in property that is obtained, whether through purchase or otherwise, up until my
death.
SECTION 12: SPECIAL PROVISIONS FOR BUSINESS INTERESTS
12.01 Any business ownership interest that I possess at the time of my death
shall be included as an asset in my estate and subject to allocation to either the
Family Trust or the Marital Trust, as my Executor, in his sole discretion, deems
appropriate.
12.02 My business interests include, but may not be limited to, interests in
the following businesses:
(a) ACME Movers, Inc.,
(b) ACME Northside Hangars, and
(c) M & S Coal.
12.03 I give my Fiduciaries the power, exercisable in the discretion of my
Fiduciaries and without court order, to retain any business interest, including
shares of stock or other interest in or indebtedness of any of the businesses
enumerated in Section 12.02 of this Will, or any other corporation or any successor
entity corporations, as shareholder, security holder, creditor, partner, member or
otherwise, for any period of time whatsoever, even though it may constitute all or a
large portion of my estate.
Page 12 of 25
12.04 I further give my Fiduciaries the power to continue or carry on any
said business; to take any action with respect to its management as freely as I could
have done during my lifetime, and, if the business is so continued, my Fiduciaries
shall incur no liability for any loss to my estate or trust arising therefrom.
12.05 My Fiduciaries shall have the authority to comply with the provisions
of any agreement restricting transfer of the interest including the voting of stock (by
separate trust or otherwise regardless of whether that separate trust will extend for
a term within or beyond the date of final distribution of my estate) and the
determination of all questions of policy; to execute and amend business agreements;
to participate in any incorporation, reorganization, merger, consolidation, sale of
assets, recapitalization, liquidation, or dissolution of the business, or any change in
its nature, or in any buy-sell, stock restriction, or stock redemption agreements; to
deal with and act for the business in any capacity, including any banking or trust
capacity and the loaning of money to the business out of estate or trust funds; to
rely upon reports of certified public accountants as to the operations and financial
condition of the business, without independent investigation; to elect and/or
beneficially employ and compensate, as directors, officers, employees, counsels or
agents of such business any person, including any one or more of my individual
Fiduciaries (notwithstanding that they are Fiduciaries under my Will) or any agent
of a Fiduciary.
12.06 The provisions of this Section pertain to a corporation which may be
treated as an S Corporation for federal income tax purposes.
12.07 It is my desire that any corporation which would otherwise qualify as
an S Corporation not be prevented from doing so because some or all of its stock
passes to or is held by a trust created under the provisions of this Will. Therefore, if
my Fiduciaries deem it appropriate, I authorize my Fiduciaries to separate the
assets of said corporation from the other assets comprising my estate, according to
one of the following:
(a) To allocate the shares of stock of the corporation to the Marital Trust,
but divide the Marital Trust into two trusts for the benefit of A. Marian Straw.
Page 13 of 25
One trust would exclusively hold shares of stock of the corporation under terms as
nearly identical to the original Marital Trust while still permitting it to be a
Qualified Subchapter S Trust. The second trust would hold the remaining assets
under terms identical to the Marital Trust established in Sections 9 and 10 of this
Will.
(b) To allocate the shares of stock of the corporation to the Family Trust,
but divide the Family Trust into two trusts for the benefit of A. Marian Straw,
Lewis Dopp and Savannah Marie Dopp. One trust would exclusively hold
shares of stock of the corporation under terms as nearly identical to the original
Family Trust while still permitting it to be a Qualified Subchapter S Trust. The
second trust would hold the remaining assets under terms identical to the Family
Trust established in Sections 6 and 7 of this Will.
SECTION 13: INSURANCE OR RETIREMENT PLAN
If I designate the Trustee under my Will (without specific designation to the
MARITAL TRUST or FAMILY TRUST) to be the beneficiary of any life insurance
policy or any retirement, pension or profit sharing plan, the Trustee shall
determine, after consultation with my Executor, the manner in which to allocate the
proceeds or payments thereunder between the MARITAL TRUST and the FAMILY
TRUST, even if the proceeds or payments thereof represent the only assets in said
Trust and require thereby for said Trust to be established.
SECTION 14: PROVISIONS FOR ULTIMATE DISTRIBUTIONS
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, and
any property directed to be distributed under this Section, shall be distributed as
charitable bequests to causes designated by my Trustee. I ask that my Trustee
select charities or causes which he knows I support. This ultimate distribution
shall be accomplished by one of the following methods, which will be selected by my
Trustee based on the circumstances then existing:
Page 14 of 25
(a) outright cash bequests;
(b) establishment of a Donor Advised Fund in my name; or
(c) establishment of a Private Foundation in my name.
SECTION 15: APPOINTMENT OF FIDUCIARIES
15.01 For purposes hereof, the term "Fiduciary" and/or "Fiduciaries,"
however expressed, shall refer to my Executor(s) and/or my Trustee(s) who may be
serving at any time. Where powers or discretions are conferred upon the fiduciaries,
such powers or discretions shall be exercised by the Executor(s) as such, or the
Trustee(s) as such, as the case may be, in those respective capacities.
15.02 Appointment of Executor
I designate and appoint BRYAN SHOOK to serve as my Executor.
15.03 Appointment of Trustee
I also designate and appoint BRYAN SHOOK to serve as the Trustee
of any trust created or at any time existing hereunder.
15.04 Wainer of Potential Conflict of Interest
In making my designation of BRYAN SHOOK as both the Executor
and Trustee, I recognize that he may be placed in a position of potential conflict
with other fiducial responsibilities and representations arising out of those positions
and/or interest in assets in which I may possess. I have deliberately selected
BRYAN SHOOK with the said potential for apparent conflict in mind, and with
full faith and confidence in him because of his familiarity with my financial affairs
and my family, and because of the confidence in him I have developed during the
many years in which he has represented me. I hereby direct that BRYAN SHOOK,
while acting as Executor and Trustee in good faith and exercising due care, shall be
exonerated from any personal liability arising out of any decision which he may
make or act which he may take in furtherance of the positions to which I have
appointed him.
~~ - ~2~~
Lewis A. Straw
Page 15 of 25
SECTION 16: POWERS OF EXECUTOR
16.01 My Executor shall serve without bond.
16.02 My Executor shall have all powers and discretions conferred by
Pennsylvania law, and all powers and discretions with respect to my estate that are
set forth or referred to hereunder or in other Sections of this Will, to be exercised
without court order.
16.03 My Executor is authorized to execute on my behalf or on behalf of my
estate any tax return which may be filed.
16.04 My Executor shall have, in addition to any other power, the specific
powers to invest, reinvest, sell, mortgage or otherwise dispose of any part or all of
my estate, without the necessity of obtaining prior or subsequent court approval.
16.05 Distributions may be made in cash or in kind in the discretion of my
Executor.
16.06 No Executor shall be personally liable to any beneficiary or other party
interested in my estate or to any third parties, for any claim against my estate for
the diminution in value of estate property resulting from matters involving
hazardous substances, including any reporting of or response to (i) the
contamination of estate property by hazardous substances, or (ii) violations of any
environmental laws related to my estate; provided that my Executor shall not be
excused from liability for his own negligence or wrongful or willful acts.
16.07 To the maximum extent permitted by law, my Executor may withhold
a distribution to a beneficiary hereunder until receiving from the beneficiary an
indemnification agreement in which the beneficiary agrees to indemnify the
Executor against claims filed against the Executor as an "owner" or "operator"
under the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as from time to time amended, or any regulation thereunder, or any
other environmental law.
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Page 16 of 25
SECTION 17: POWERS AND AUTHORITIES OF TRUSTEE;
ADMINISTRATION OF TRUSTS
17.01 In addition to, and not in limitation of, all powers, authorities, and
discretions granted to any Trustee by statute, common law, under any rule of court,
or conferred in other Sections of this Will, I hereby expressly confer upon my
Trustee the following powers, which may be exercised in my Trustee's sole and
absolute discretion without application to, approval of or ratification by any court:
(a) to invest and reinvest in any kind of property, real or personal,
and including common and preferred stocks, zero coupon bonds, voting trust
certificates, securities, interests, and obligations in or of corporations, governmental
bodies or agencies, unincorporated associations, partnerships (general or limited),
limited liability companies, joint ventures, tenancies in common, trusts, investment
companies, investment trusts, common trust funds, or in any other kind of property,
domestic or foreign, wasting or nonwasting, productive or nonproductive, regardless
of the fact that any or all of the investments made or retained are of a character or
size which would not be permissible under any statute or rule of court or otherwise
deemed advisable for investments by fiduciaries;
(b) to retain, invest in, sell, mortgage, lease, exchange, manage,
subdivide, develop, build, alter, repair, improve, raze, abandon or otherwise deal
with or dispose of any property, regardless of its nature, the lack of diversification of
any trust, or the fact that any arrangement with respect to such property extends
beyond the duration of any trust;
(c) to vote in person at stock or security holders' meetings, partners'
or members' meetings, or at any adjournment of such meetings; to vote by general
or limited proxy, with or without power of substitution, with respect to any such
shares of stock or other securities; or to execute proxies to one or more nominees;
(d) to value and appraise the assets comprising the trust estate and
make any allocations, divisions or distributions required or permitted by this Will in
kind or in money, or partly in kind and partly in money, in different assets or
disproportionate interests in assets, and to that end to allot to any part or share
Page 17 of 25
such assets, real or personal, or portions thereof or undivided interests therein, as
the Trustees may select. Except as otherwise herein specifically provided, the
judgment and any determination of my Trustee in connection with, including any
decisions to make anon-pro rata distributions and any decisions regarding the
values assigned to various assets, shall be binding and conclusive on all parties
interested therein;
(e) to retain, for any period, all property initially received by my
Trustee as a part of any trust created under my Will, including any assets with
respect to which my Trustee is given the power to invest and reinvest, regardless of
whether such property or asset constitutes a large part or all of any trust or are not
of the character, size, or income yield permissible or otherwise deemed advisable for
investments by fiduciaries, as the fiduciaries may determine, without any liability
or loss;
(f) to borrow money in such amounts and upon such terms and
from such persons or corporations as my Trustee shall deem prudent, and for the
repayment of any monies so borrowed, to bind the trust estate by the execution and
delivery of such obligations and such other evidences of indebtedness and by the
imposition of such liens upon the real and personal property of the trust estate or
any part thereof as my Trustee may deem advisable;
(g) to pay, compromise, adjust, abandon, submit to arbitration,
renew, settle, sue on, defend, sell, release and otherwise deal with any claims or
demands of any trust against others or of others against my estate or such trust as
my Trustee may determine, including the acceptance of deeds of real property in
satisfaction of bonds, mortgages and security interests, and to make any payments,
in connection with the exercise of this power which my Trustee may determine, out
of any trust created under my Will;
(h) to make, execute, acknowledge and deliver all such deeds,
assignments, transfers, mortgages, pledges, leases, covenants, contracts options,
promissory notes, guarantees, bills of sale, powers of attorney, releases and other
instruments and documents, sealed or unsealed, of whatsoever character, and to do
Page 18 of 25
or cause to be done all such other matters or things as my Trustee may deem
necessary or proper to effect or exercise any power or authority given to or vested in
my Trustee herein or by law;
(i) to deal with matters involving the actual or threatened
contamination of trust property (including interests in sole proprietorships,
partnerships or corporations and any assets owned by such business entities) by
hazardous substances, or involving compliance with environmental laws. In
particular, my Trustee is empowered:
(1) to inspect and monitor any such property periodically, as it
deems necessary, to determine compliance with any environmental law affecting
such property, with all expenses of such inspection and monitoring to be paid from
the income or principal of the trust;
(2) to respond (or take any other action necessary to prevent,
abate or "clean up") as it shall deem necessary, prior to or after the initiation of
enforcement action by any governmental body, to any actual or threatened violation
of any environmental law affecting any of such property, the cost of which shall be
payable from trust assets;
(3) to refuse to accept property as a trust asset if it determines
that such property is contaminated by any hazardous substance or that such
property is being used or has been used for any activities directly or indirectly
involving hazardous substances which could result in liability to the trust or
otherwise impair the value of trust assets;
(4) to settle or compromise at any time any claim against this
trust related to any such matter asserted by any governmental body or private
party;
(5) to disclaim any power which it determines may cause it to
incur personal liability as a result of such matters, whether such power is set forth
in this document, incorporated by reference herein, or granted or implied by any
statute or rule of law; and
(6) to decline to serve as trustee or, having undertaken to serve,
Page 19 of 25
resign at any time it believes there is or may be a conflict between it in its fiduciary
capacity and in its individual capacity because of potential claims or liabilities
which might be asserted against this trust because of the type or condition of trust
assets. When used in this document the term "hazardous substance(s)" shall mean
any substance defined as hazardous or toxic or otherwise regulated by any federal,
state or local law(s), rule(s) or regulation(s) relating to the protection of the
environment or human health ("environmental law(s)");
(7) to receive any property, real or personal, to be added to the
trust from my spouse in any event (and if the trustee consents in writing, from any
other person) by lifetime or testamentary transfer or otherwise; provided, however,
that the trustee may require, as a prerequisite to accepting property, that the
donating party provide evidence satisfactory to my Trustee that (i) the property is
not contaminated by any hazardous or toxic materials or substances; and (ii) the
property is not being used and has never been used for any activities directly or
indirectly involving the generation, use, treatment, storage, disposal, release, or
discharge of any hazardous or toxic materials or substances;
17.02 My Trustee shall not be personally liable to any beneficiary or other
party interested in the trust, or to any third parties, for any claim against the trust
for the diminution in value of trust property resulting from matters involving
hazardous substances, including any reporting of or response to (1) the
contamination of trust property by hazardous substances, or (2) violations of any
environmental laws related to the trust; provided that my Trustee shall not be
excused from liability for its own negligence or wrongful or willful acts.
17.03 Notwithstanding any contrary provision of this instrument, my
Trustee may withhold a distribution to a beneficiary from a trust hereunder until
receiving from the beneficiary an indemnification agreement in which the
beneficiary agrees to indemnify the trustee against any claims filed against the
trustee as an "owner" or "operator" under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as from time to time amended,
or any regulation thereunder, or any other environmental law.
Page 20 of 25
17.04 My Trustee shall be excused from filing any account with any court. All
decisions made in good faith and with reasonable diligence by my Trustee shall be
conclusive and binding on all persons having or acquiring any interests in any trust
under this Will.
17.05 My Trustee shall at all times serve as such without bond.
17.06 My Trustee, while acting in good faith and exercising due care, shall
not be liable or held responsible for any loss or depreciation in the value of any
trust, created herein, resulting from any of the investments or reinvestments made
or retained as aforesaid.
17.07 The named Trustees are hereby authorized to name and appoint such
successor Trustee or Trustees, Co-Trustee or Co-Trustees as they may deem
advisable, the said appointment to be made by an instrument in writing duly signed
and executed by the Trustees, and delivered to the new Trustee or Trustees.
Thereupon, such new Trustee or Trustees shall be vested with all powers and duties
granted to and imposed upon the Trustees, hereinafter named, including the power
of appointing a successor or Co-Trustee. The successor or Co-Trustee herein
referred to may be either an individual or a corporation.
17.08 Any removal and appointment made pursuant to this Section shall be
in writing and shall be effective when an executed copy thereof is delivered to the
corporate Trustee then acting as such, together with a written acceptance of the
trust by the newly-appointed Trustee.
17.09 Any Trustee may resign at any time by sending notice by registered
mail to the remaining Trustee(s), if any, and to the adult beneficiaries, if any, and to
the guardian of any minor beneficiaries, if any. After thirty (30) days from the date
of such mailing, such resignation shall become effective, and thereafter the Trustee
so resigning shall be discharged from any further duties hereunder, such right of
resignation to be a continuing one. Such right shall be conditioned on the
availability of a successor Trustee.
17.10 If at any time the office of Trustee of any trust hereunder should
become vacant, a majority of the beneficiaries of such trust to whom income or
Page 21 of 25
principal is then required or permitted to be distributed and who are then sui juris
shall have the right to appoint an individual or a bank or trust company to serve as
successor Trustee of such trust.
17.11 A Trustee by instrument in writing may delegate to a Co-Trustee for a
specified period of time any of such Trustee's power and authorities; provided,
however, that the powers and authorities vested exclusively in a disinterested
Trustee shall not be delegated to a Trustee who is not disinterested. Upon
termination of any such delegation, the delegating Trustee may accept, without
audit, the books and records of a Co-Trustee to whom such powers and authorities
have been delegated and shall be free from liability for any and all acts or omissions
of such Co-Trustee during the period of such delegation.
17.12 Substitute or Successor Trustees hereunder shall have all the rights,
powers, discretion, duties, and responsibilities, as well as the limitations thereof,
granted to or imposed upon my Trustee herein named. Such Trustee shall not be
liable for the acts of their predecessors if, by the exercise of reasonable diligence,
they do not discover such acts upon becoming acting Trustees.
17.13 No trust created hereunder shall be administered under the direction
or jurisdiction of any court.
17.14 The property and assets of all trusts created hereunder shall be held in
the sole custody and possession of the Trustee.
17.15 Anything to the contrary notwithstanding, the Trustees may designate
such person or persons who may withdraw funds from any checking, savings or
other similar account, maintained for any trust created in this Will, and in such
case only one (1) Trustee need be the signatory for the withdrawal of funds from
such account, or for such deed, instrument or document.
17.16 The Trustee may change the situs of any trust created hereunder (and
to the extent necessary or appropriate, move the trust assets) to a state or country
other than the one in which the trust is administered, if the Trustee believes it to be
in the best interests of the trust or of the beneficiaries. The Trustee may elect that
the law of such other jurisdiction shall govern the trust to the extent necessary or
Page 22 of 25
appropriate under the circumstances.
17.17 My Trustee shall have the power to merge any trust which I seek to
establish in this Will with another trust which already exists and has similar
beneficiaries, terms, conditions and purposes. If my wife predeceased me, the
Family Trust created in her Will and the Familiy Trust created in my Will shall be
merged into one "Straw Family Trust."
17.18 Each person who serves as a Trustee shall be entitled to receive
reasonable compensation for services rendered and reimbursement for reasonable
expenses. In the case of a corporate Trustee, reasonable compensation is based upon
its published fee schedule in effect at the time its services are rendered or as
otherwise agreed, and its compensation may vary from time to time based upon that
schedule.
SECTION 18: MISCELLANEOUS PROVISIONS
18.01 Fiduciary Provisions
No Fiduciary named in this will shall be required to give bond or other
security in any jurisdiction in which he or his successor shall act in connection with
my estate. Nor shall any guardian or property or persons be required to give bond
for the faithful performance of their duties in any jurisdiction. Te terms "Executor"
and "Personal Representative" are to be used interchangeably.
18.02 Specific Items of Property
Gifts of specific items of property mentioned in this will or any separate
writing that is binding upon my Executor shall fail to the extent that I, or any duly
authorized agent of mine, dispose of such property prior to my death. My Executrix
shall not substitute cash or any other assets for any such property.
18.03 Matters of Interpretation
For simplicity, I may have expressed pronouns and other terms in one
number and gender, but where appropriate to the context, these terms shall be
deemed to include the other number or gender.
Page 23 of 25
18.04 Paragraph Construction
Paragraph headings in this Will are for reference only and shall not affect the
meaning, construction or effect of this Will.
18.05 Survivorship
If my wife and I die in a common disaster, and the order of our deaths is not
clear, it shall be presumed that my wife survived me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~_
day of April, 2010.
~.._Q~c,~ ~ (SEAL)
Lewis A. Straw
SIGNED, sealed, published and declared by Lewis A. Straw, the above
Testator, as and for his Last Will and Testament, in the presence of us, who, at
his request, in his presence and in the presence of each other, have hereunto
subscribed our names as witnesses.
~' ~/
Residence:
Witness
~C1 ~ -P ~ ~"1 ,~ ~ .C Residence:
Witness
~~~~~0~~~3~~
~~ ~~ s~,~ c~ ~
~'l,~ ~ LQ ~ ~ / ~ ~ ~ S
Page 24 of 25
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, the undersigned, whose names are signed to the attached or foregoing
instrument, being first duly sworn and qualified according to law, do hereby declare
to undersigned authority that we were present and saw the Testator sign and
execute the instrument as his 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 that to the best
of their knowledge the Testator was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence; and I, the said Testator, 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.
'o
Lewis A. Straw
Residence: ~// ~~L"K ~f~•
Witness v~ , (~ ~ ~ 7 X39
~ ~~ ~ ,( ,h ~~/ (,f~~ ~~ ~ Residence: ~ Yi, ~.l ~ Pal 1 "? C,~ ~ S~
~ Witness
Subscribed, sworn to and acknowledged before me by the above-named
h
witnesses, thisf~ day of April, 2010.
COMMONWEALTH OF PENNSYLVANIA ~(..c,~
Notarial Seal
Danielle Winn, Notary Public Notary Public
Camp Hill eoro, Cumberland County
My Commission Expires Sept. 9, 2013
Member, Pennsylvania. Association of Notaries
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