HomeMy WebLinkAbout03-17-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Barbara M
a/k/a:
a/k/a:
a/k/a:
Arnold ,Deceased ESTATE NO: 21- ~ ~~-G';3'.a D
SS NO: 170-32-7669
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable: .
I7 A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary under
the last Will of the above-named Decedent, dated 12/22/2010 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
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(8): N/A
^ B. Grant of Letters of Administration
(If applicable, enter d.b.n., pendent life, durante absentia, durance minoritate)
C. 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 (If Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:-
Name Address lationshi to Decedent
_ _..
~'
L_ ~ C-)
-, r--
.._ _?7 ,
~t ~
--; i~ j_r_~ ,
zl
- ~i
- -~
_ _
US@: ADDCTION:IL. SIIF,F:1'S tF NECM:SSAR1' ~•~
THIS SECTION MUST BE COMPLETED: ~' -~ t ' r-3~~
~'~ G
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal-residence "
At 2124 Arbor Court 17055 Upper Allen Township Mechanicsbura PA
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 71 years of age, died 3/7/2011 at 2124 Arbor Court, Mechanicsburg, PA
(Month, Day, Year of death) (City and State where death occurred)
Estimated value of decedent's property at death:
If domiciled in PA All personal property $ 510,000.00
If not domiciled in PA Personal property in Pennsylvania $
_If not domiciled in PA Personal property in County $
-Value of Real Estate in Pennsylvania $ 490,000.00
Total Estimated Value $ 1,000,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.) 2124 Arbor Court, Mechanicsburg, PA 17055
Name(s) & Mailing Address(es)
(~/~,~ John M. Arnold, 78 Emlyn Lane, Mechanicsburg, PA 17055
Form RW-02 revised 12.26.10 by Camherland County nendinn action by the Cn~~n
nom,.., i ,.: ~
OATH OF PERSONAL REPRESENTATIVE
Commonwealth of Pennsylvania ~ SS
County of Cumberland .
The Petitioner(s) herein named swear or affirm 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 repre~l~tive(s) of the _~
Decedent, Petitioner(s) will well and truly administer the estate according to law. ~' ~. -
.~' c~ ~ „
Sworn to or affirmed and subscribed
before m this %~O~'7 day of ~'-'
, OICJ~ ~ ~ ~ . - ' =r.
. ""_1
For the Register
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of Barbara M. Arnold ,Deceased FileNumber: 21- ' ~ t - Dy~~
AND NOW, this ~ day of `~2%L~/.~,, ,Zo t I , in consideration of the Petition on
the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
x Testamentary _ of Administration are hereby granted to:
(If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.)
John M. Arnold in
the above estate and that instruments(s) dated lz/zz/zolo described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
FEES:
Letters ....................$ 660.00
Will ........................ 15.00
Codicil(s) ................. o.oo
(5) Short Certificates zo.oo
( )Renunciations....... 0.00
Bond ............................
Other ............................
.................................
Automation FEE......... 5.00
JCS FEE ................... 23.50
TOTAL ................$ 723.50
v
lenda Farner trasbaugh, ~) ~~~~~~~
Register of Wills
~~~~~
Signature of Counsel Required to Enter Appearance
Atty's
PRINTED Izabeth P. Mullaugh
Supreme Court ID No.:. 76397
Address: McNees Wallace & Nurick LLC
P.O. Box 1166, Harrisburg, PA 17108
Phone: 717-237-5243
Fay_ 717-260-1729
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court
Page 2 of 2
McNees
Wallace & Nurick ~Lc
- ~F i~ i~ii~~ ~=ttr,~~;~
.~ ~ 't°~ tra. ' ~ t l~crx 11 ~ ~ 1~drt'i5t~tar~, PA 171€~~-1 ~ ~
March 16, 2011
Cumberland County Register of Wills
1 Courthouse Square
Carlisle, PA 17013
RE: Estate of Barbara M. Arnold
Petition for Grant of Letters
Dear Sir or Madam:
David E. Gruver, Pa. C.P.
Paralegal
Direct Dial: 717.237.5362
Direct Fax: 717.260.1658
dgruver@mwn.com
VIA FEDERAL EXPRESS
We represent John M. Arnold, son of Barbara M. Arnold who died on March 7, 2011. Mr. Arnold
has taken his Executor's Oath in Dauphin County. Please find the following documents:
Petition for Probate and Grant of Letters;
Original Last Will and Testament of Barbara A. Arnold;
Death Certificate for Barbara A. Arnold;
c ~ ~ ,~
Estate Information Sheet; '`-z --,
Check in the amount of $723.50, the Probate Fee; and ~ ~T, -~,-
~~> j;
File Copies to be date stamped and returned. ;~.-;`=„
-, ~ _ _,
J J7 ~= -
If you have any questions or need additional information please contact me. ~ --~ ` ~~ ~` ~-
'~ ~•~~
Thank you.
Very truly yours,
David E. Gruver, Pa. C.P.
Paralegal
Enclosures
www.mwn.com
HARRISBURG, PA • LANCASTER, PQ • STATE COLLEGE, PA • FIAZLETON, PA • COLUMBUS, OH • WASHINGTON, DC
/ /
- ~ - /~ ~~~~ ~~ l
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for thi, rertificatc. ~6.0(t ;,~%%%°~~%==: Thl~ is to ~c.rtif~ that the information here liven is
tr,l~r''P~,ZN OFpf`' corlectl uy~ied lrrnn an L~ri«inal Certificate of'Death
~~i--- N `-_ Y 1
,e'~/ ~_ ~y`rl=_ duly filed with hie ~1~ Local Registrar. The original
'g ~ \zi cerlif~icate will he for~t~udetl to the State Vital
~~~; „ ia~ Records Office f~.,r ,perm ulent filing.
~,* t ,~,~'~~ *~
P 17 0 4 814 7 `~`~~9r~ -~~~~~~~ G~.~ ~ AR a 20»
- ------ -------
\,,, fNT 0 r~l~~ ---~---
(`~~rtification ~'umher ~„ •,""',rr Local RegisU~ar ~ - __ Date homed
~, _ r ~
'`I ~=L C7 ~.a
- _ %~ ; -)-a _-_
=?' --
_ _
vi-- ._.
--
_r~ -
C C~'7 ~
~~
n REV tt2DO5 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
!PRINT IN
~+E"T CERTIFICATE OF DEATH
`"~ ~ (See Inatruetlons and examples on reverse)
STATE FILE NUMBER
1. None d Decedet (Feat rmddb, bsL aunt) ~
Q19R,BAkA /-'lON?GuMERY ARNo%.~ 2. Set
f 3. Serial SeoMty NmiWr
~7~ -3~~_-~669 4. Dab d Deam (Monet, my, year)
MygReH 7, :LOrI
5. Age past Bktldey) lAedu 1 thNer 1 8. Date d Sint 7. end ebb a two M. Place d Deem (]brit one
°~ ~ Yrs. ~ i>sw rw.s Mnar
d CTo l~ER 7, 193 9 NE[.c/ Cii 5 'T L E
P~'NN S Y ~ u A N r A ttawlbl:
^ mP^Wm ^ ER , otApatlent ^ DDA Deter:
^ Nuakg tlarrb Resitlsne ^ olWr . sg,ah
m. ca.ay d Deem ec ay, 13aa, Twp. d I)eam e0. Faday Name (n rd InelltWOn, gNe etrael em reat0er) g. wa Demdent a tnePenlc odpn7 ^ Yes to. Race: Amerkan Indan, Ubdc wane, etc.
G`limtitR~CR,vO G/'PER ALLEn~ o2i2~ AR,BoRevu2i (in'DR~ken'eba ( W~rlTE'
11. Dxederd'e lAad dwork d ons du most d ae. Do rlol dab 12. Wee Oecedud evu h tlb 13. Decedertl'e Edwzlbn (Spedly ody BbNM grads rong btedl 14. Medal Sleme: Marred, Newer Merced, 15. SumNing Spo use IN wile, give maiden name)
K'iMdWOA pods&abeesllMatry
F1KER
HUn
Eh-
/~O
/
%NG U.S. Ambd Fonae4
^ ~ /
~ry ry(o-12)
CaAege(t~or5«)
3 Wklowe4 DNaad (SP~YI
L'/~
C
//AGGl
_
~
~
/hE M
i K Yee No s
J
,s. DecabrrYe Mwng AdNeee ISrred, dlyrtown, etd., w aria)
.2 / ~ '~ H R B~~ C o u,e r D'B PENNS V L U A IV r A w~. bD°a °B1B ,70. ®ves, Decedent wad m 4 n/'ER A [.G E
Adud Raekbrae ,7.. stab Twp.
M E t? ff A N / CS t`~ UR G P A / ~ v S5' t>b. comfy CU/I7 .AER .C y N ~ TON1"rb? 77d. ^ No, Decedent wed wBNn
Aced Lbeb d Clry/ Boro
18. Famefe Name (FkaL netlde, bet, Bu1mQ
RU/,3E/~T R. /t'1Un/T~amcRy t8. MoBble Nun (Fhd, MdNe, nddul emwns) /
~/USEPN/%/E DuNN ~C~4~-//
20e. Ndannm'e Name (type / PdM)
c/Of></I/ M, A~/(/OL/~ 20D. InlmnerKs MsNrq Addrw (SWaL dh / bvm, step, zlp ode)
7 $ EM,C YA/ ~H n,tC MECMfFNIeSB~'IA°_rr PA /, e r4-
21a d DMpnMon r ^ Cremetbn ^ porbgon 21D. Deb d DNpoeltlon (Monet, dry, yxr) 27c. Pbp d DYpoelem (Name d ameMy, cranbry ar emu plsce) 21d. Laatlon (City /town, sbb, dP code)
aerial ^ Removal mom Stet ~ q
N
A"~l°d e e M / I
20 / /
M R Pg u ro,~ P,eESB yrF,~ /H,v er+~e~4 vA~ PA>~i4rv 6, l+-A ~.e. ~ s fSr./,e 6
^
WdlnEtr
rbr c
^ vaa^ No , .
, pA l7n t
2?a. Servke Lltwnsee (ar 1 22h. Llcrose NumWr 22c. Name and Adrkeae d FedBy q
:(GO / M14 l211ETT S i7rLr~i
- ~Lo~~JC~~-F"L W. C~2U/Gtr f1iYl7fiE"L FUwE,4AL.hbIhE,2~v~. /./r4.Q.Q/SrOK~C-6 r~A !>/c3
Cmpleb Beets 23ec Dory when re 23e. ro Be beet a mr . deem acarted u , mte pbce stmd. (Slgreeae ene tba) z3D. lkence Numher 23c. Data Signed (Homo, day, year)
Pttleitln b rd aveYDb a, tkne a seem b
oamry nee a aim. 3 ~.~ ~O L
lt«n 2a23 moat W mmgded Dy person
h
d
m z4. ran d Deem
'
~ z5. Dab Prenoulad IMOmh, day, ye/a'r)~ 1 ze. wee Ceee Rebned b Meaoei Examine r Coronr roe a Beeson Deter man ere tion or onntion?
^ Y
N
w
ee
.
o P O
. ~ . M. / l~/ I J u ~
o
CAUSE OF DEATH ( InstruMlona and azempNa) ' r Apprexlmab Brbrvel: Pad IL Eder alhu 28. Dd Tducco Use Comdbub ro Deem?
Wrri 27. PN I: Fsbr the ddn d aranb - OMeeeas, inKelee, or comWcaYdu - that drecdy Woad 1W deem. DO N0T eribr brmhul event such ee cardiac erteat r Onat b Daetlt 6u1 not reueBng m tlw urxbdying ceuee ghee kl Pen I. ^ Yes ^ Probedy
reepkabry arteaL or vendculer fMieatlon wi8iad showing me atk>logy. L'at ody on Hasa on each nw.
^ No ^ Ummown
NaIEDUTE CAUSE (Fetal tlle9eee or n r
Nridtlon rasubq b rSeeml ~ a. ~ ~ C- ~ ~•v~ (J .f/V\ ,FI a "n~'n1 Q~'~/`V/ ~/~Q.Q~),~• lit )+ ~Q~ r
29. II Female:
^ Nd
t
ithi
t
Due m (or es a conaaguerca oQ: i
i pregnan
w
year
n Dss
^ Pregnant b 5ma d deem
D. i
n
~
~
~ ^
b oaaeisbd
o
f
ne
a.
Ereu UNDERLYND CAUSE Dn b (ar ea s coreeguarce d): Not pagnam, bd pregnant within 42 days
a deem
(aeeeee ar ryuy met HBebd Ba c
n d
d
AM
m) LASE ^
sue
e rau
g
ee
. Due b (or ae a tans dl~ store t Ito pregtem a3 days b 1 rear
d. r
^ Unkmam N om
lam wihin me
eat
ear
p
p
y
30a Wee en Autopry 30b. Were Aubpey FM'm,p 31. MuBbr d Deem 37a. Deb d Injury (Month, day, year) 32h. Deecv6a How InWry Occuned 32c. Pbce d Ir~ury: Nana, Ferm, Street Pettey,
Perlarmed7 AvukDb Prior b Canpbtbn
d Cause d Deam7
®NaNd ^ Fbri4clde OIPCe Sulkag, Bk. (SPedyf
^ V
® N
^ Vas ^ No ^ AccWent ^ Pwterg Irnsetlpetlorl 32d. Tkne d Inury 32e. In)ury u Work? 321. B Trenepabnon Injury (Spedhl 32g. Locetlan d injury (Street Uy I town. smtel
ee
o
^ Sddde ^ Could Nd W Debrrnlnad ^ DdverlOperetor ^ Paeeengu ^ Petlaeetan
^ Yee ^ No
M Onrr-SPadb:
33a. Cedeu (check Dory on)
a
ceuae d deem when eriodier gyskt.n roe proiourcad seem end wnrobbd tbm z3)
td.n IPh
dder~ oenB
• ~
b
lr 33h. ~T7llb~d p/rtl~Ax/ ~ ~ (~
~
/"~
J
n
y
q
r
g P
Y
Total Wsldmy bto'aledga,dWhoeourad due to the CUryq sod rronnureMad_________________________________ ^ ~
j V.~-1./ Lc C (.~
.
' PraroureBN ~ ~YBq PM~bn 1~'N~ bdh Pq death and aNtylrg b ceira d deem)
To Bb Wpdmy knowbdpe, seam ammad MtW Beta,dab, arBl plea, and due to eb auaye)and mamer ranbd__________________ ^ 33eALl~aens Num6u ~7
! (`~- O 3~ (~,Ff 6" L 33d. Date Sgned IMamh, day, Y~r)
3 g 2V /~ !i
• MedkalEumkbrlCaoner
On the Web d axrMtatla and / or Invatlgalbn, M my optnbn, deuh Dooms N Bu tNa, Gb, end pba, and due to tlta auale) erM mamar a ebbd_ ^ 34. Nun and Atld~rem^Id' Parson WM Corrobted Caun d Deem (Beet 27) Tv~ Pdnl
/~'TLSZ
'
~j
~ N
'
. /
•
T
H 1 /c
J ~J tA,I
35. Pagialrera ana / / /
ICI 1 a 1 1 ~ 3s ( my, roar)
~a~~ c
Pea ~ ~o ii
e a~ ca MP ~ lc
2 ~~N~D c
39
.
.
,
/
,/ Diepoamat PemiN No. y ~ l V / I /
LAST WILL AND TESTAMENT
OF
BARBARA M. ARNOLD
I, BARBARA M. ARNOLD, of Cumberland County, Pennsylvania, make this Will, hereby
n
_z7 -- - `~,,~
revoking all my former Wills and Codicils. :-~ o ~ ~'
_L
. - -r7 _ .
~~ _.f
_; > -~;,
ARTICLE ONE '~--~~ -;
~: 1 c:~ ', , .. .
TANGIBLE PERSONAL PROPERTY ' =~-~ ~~ --'
.. ;~..-
§ 1.1 I bequeath all my tangible personal property, including by way of illustration kaut
not by way of limitation, my household furniture and furnishings, paintings, books, automobiles,
jewelry and personal effects, exclusive of any such property used in a trade or business, in
accordance with the terms of a signed and dated memorandum I may prepare. If no such
memorandum is received or located by my Executor within sixty (60) days after being appointed
as such, after a reasonable search for such memorandum, my Executor shall be held harmless
for distributing such assets as hereafter provided. I bequeath any such property not disposed
of by such memorandum, or all of such property if no such memorandum is so received or
located, to those then living of my children, JOHN M. ARNOLD and LILY S. GRACE (f/k/a
Elizabeth A. Arnold) ("My Children"), and the children of my deceased daughter, BEVERLY A.
STEPHANSEN ("Beverly's Children"), to be divided among them in as nearly equal shares as
they agree with Beverly's Children together receiving a share equal to that received by each of
My Children, and with my Executor representing minors in such division. If any one of My
Children or Beverly's Children does not survive me, his or her share shall be distributed, per
stirpes, among those of his or her issue who survive me. In the event of irreconcilable
disagreement among the beneficiaries hereunder, my Executor is authorized to make the
{A2237374:1}
division, having due regard for the personal preferences of such beneficiaries but making such
division in as nearly equal shares as my Executor deems practicable. Any such property to
which a minor would otherwise be entitled but which my Executor thinks unsuitable for such
minor shall be sold and the proceeds thereof shall be added to the share of my residuary estate
held for the sole benefit of such minor or, if there is no such share, shall be distributed, together
with the balance of any such property to which such minor would otherwise be entitled, to a
custodian for such minor, whether then serving or selected and appointed by my Executor
(including my Executor), under any applicable Uniform Transfers to Minors Act or Uniform Gifts
to Minors Act, without bond, and such custodian's receipt therefore shall be a complete release
of my Executor. Any items not so selected shall be sold and the proceeds shall pass as a part
of my residuary estate
§ 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any
policies of insurance on such property to the beneficiary entitled to such property.
§ 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
administrative expense of my estate.
ARTICLE TWO
SPECIFIC BEQUESTS
§ 2.1 I bequeath to each of my grandchildren living at my death the sum of One
Hundred Thousand ($100,000) Dollars, subject to being held in trust in accordance with the
provisions of Article Four hereof (the "Issue's Trust")
{A2237374:1 } -2-
§ 2.2 I bequeath to Jan Stephansen, if he survives me, the sum of One Hundred
Thousand ($100,000) Dollars, with gratitude for his extraordinarily thoughtful care of his and
Beverly's Children and for his kindness to me.
ARTICLE THREE
RESIDUE
§ 3.1 I devise, and bequeath all of the rest, residue and remainder of my estate to my
then living issue, per stirpes, subject to being held in trust in accordance with the provisions of
Article Four, hereof (the "Issue's Trust").
ARTICLE FOUR
ISSUE'S TRUST
§ 4.1 Except as otherwise may be provided in this Will, if any beneficiary is entitled to
receive a mandatory distribution of property from my estate or from any trust created by this
Will and is under forty (40) years of age, I devise and bequeath such property to my Trustee
herein named or I direct that such property shall be retained by the Trustee in continuing trust,
as the case may be, for the benefit of such beneficiary (the "Beneficiary"), INTRUST, in
accordance with the following provisions of this Article Four:
§ 4.1.1 To the extent I have designated the Trustee of this trust as
beneficiary of any pension, profit sharing or similar plan of deferred
compensation, including any Individual Retirement Account or any similar
arrangement, or any plan qualified under §§401 (k) or 403(b) of the Internal
Revenue Code (any such plan or arrangement referred to hereafter as a "Plan"),
then the Trustee may direct that the balance of my account in any such Plan
remaining at the time of my death be distributed from the Trustee of such Plan
(a) to the Trustee of an Individual Retirement Account established in my name of
which this trust is the named beneficiary, or (b) to the Trustee of this Trust in
annual installments based upon the actuarial life expectancy of the Beneficiary of
this trust (as may be subject to recalculation from time to time) or pursuant to the
payment method then in effect to the extent my benefit was already in pay status
{A2237374:1 } -3'
at the time of my death. Any selected method of payment to this trust shall
specifically comply with the "minimum distribution" rules of §§408 or 401 (a) of
the Internal Revenue Code or any successor or similar provisions. The Trustee
shall take all necessary action and shall submit to the administrator of any Plan
payable to the trust hereunder all documentation required to cause distributions
to the trust for purposes of §401(a)(9) of the Internal Revenue Code to be
treated as being paid to the appropriate beneficiaries of the trust for purposes of
minimum distribution requirements and for purposes of computing the allowable
distribution period. Notwithstanding any provision herein to the contrary, benefits
payable to this trust from any such Plan subject to the minimum distribution rules
of §401(a)(9) of the Internal Revenue Code or any successor or similar
provisions, shall not be used or applied to pay any of my debts, any expenses of
my last illness, funeral, burial or administrative expenses of my estate or estate
taxes, inheritance taxes, transfer taxes or other taxes of a similar nature payable
by reason of my death, or any penalties or interest thereon, even if such benefits
give rise to any such taxes.
§ 4.1.2 Until the termination of the trust, the Trustee shall hold,
manage, invest and reinvest the trust property, shall collect the income thereof
and shall apply to or for the benefit of the Beneficiary so much of the net income
and, if the net income is insufficient, so much of the principal of the trust property
as the Trustee shall from time to time deem necessary or proper for the
Beneficiary's health, maintenance, support and complete education, including
preparatory, college and graduate education, and professional, vocational or
technical training, and to assist the Beneficiary with his or her reasonable
wedding expenses, in the purchase of a principal residence and in the
establishment of a profession or of a business considered a good risk by the
Trustee, taking into account other available funds, including the Beneficiary's
assets. The Trustee shall annually accumulate any net income not so distributed
and add the same to the principal of the trust property.
§ 4.1.3 At any time after the Beneficiary attains thirty-five (35) years of
age and prior to attaining forty (40) years of age, the Beneficiary may withdraw
such sums as do not exceed one-half (1/2) of the market value of the principal of
his or her trust as constituted on his or her thirty-fifth (35th) birthday, or if his or
her trust is established on or after his or her thirty-fifth (35th) birthday, such sums
as do not exceed one-half (1/2) of the market value of the principal of his or her
trust as constituted on the establishment thereof.
§ 4.1.4 At any time after the Beneficiary attains forty (40) years of age,
the Beneficiary may withdraw any or all of the principal of his or her trust.
§ 4.1.5 If the Beneficiary dies before the complete termination of his or
her trust, the Trustee shall distribute the property then held in trust as follows:
{A2237374:1 ~ -4-
§ 4.1.5.1 With respect to any benefits payable to this
trust from any Plan subject to the minimum distribution n~les of
§401(a)(9) of the Internal Revenue Code or any successor or
similar provisions, the Trustee shall distribute the property then
held in trust for the Beneficiary to such of the Beneficiary's issue
as the Beneficiary by his or her last Will may appoint by specific
reference to this special power of appointment. Any property not
so appointed shall be divided into shares and distributed to the
Beneficiary's issue then living, per stirpes, or, if none, to the issue
then living of the parent of the Beneficiary who was a descendant
of mine, per stirpes, or, if none, to my issue (other than My
Children) then living, per stirpes.
§ 4.1.5.2 With respect to any other trust assets, if the
Beneficiary's trust is a Non-GST Exempt Trust as defined in §
6.2.9 herein, the Trustee shall distribute the property then held in
trust for the Beneficiary to such persons or entities (including the
Beneficiary's estate), in such amounts and upon such trusts,
terms and conditions as the Beneficiary by his or her last Will may
appoint by specific reference to this general power of
appointment. Any property not so appointed shall be divided into
shares and distributed to the Beneficiary's issue then living, per
stirpes, or, if none, to the issue then living of the parent of the
Beneficiary who was a descendent of mine, per stirpes, or if none,
to my issue then living, per stirpes, and in all circumstances
subject to being held in continued trust in accordance with the
provisions of this Article Four.
§ 4.1.5.3 With respect to any other trust assets, if the
Beneficiary's trust is a GST Exempt Trust as defined in § 6.2.9
herein, the Trustee shall distribute the property then held in trust
for the Beneficiary to such of my issue other than the Beneficiary
in such amounts and upon such trusts, terms and conditions as
the Beneficiary by his or her last Will may appoint by specific
reference to this special power of appointment. Before exercising
such special power of appointment, I request that the Beneficiary
seek counsel regarding the generation-skipping transfer tax
effects of such exercise. Any property not so appointed shall be
divided into shares and distributed to the Beneficiary's issue then
living, per stirpes, or, if none, to the issue then living of the parent
of the Beneficiary who was a descendant of mine, per stirpes, or,
if none, to my issue then living, per stirpes, and in all
{A2237374:1} -5-
circumstances subject to being held in continued trust in
accordance with the provisions of this Article Four.
ARTICLE FIVE
APPOINTMENT OF FIDUCIARIES
§ 5.1 I appoint my son, JOHN M. ARNOLD, as Executor of this Will. If John M. Arnold
is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my
daughter, LILY S. GRACE, (f/k/a Elizabeth A. Arnold), as successor Executrix. All references
herein to the "Executor" shall mean my originally appointed Executor or the successor
Executrix, as the case may be
§ 5.2 I appoint my son, JOHN M. ARNOLD, as Trustee of any trust created by this
Will. If John M. Arnold is unable or unwilling to act or continue to act, far any reason
whatsoever, I appoint my daughter, LILY S. GRACE, as successor Trustee. The last named
individual Trustee serving hereunder shall have the right to name by testamentary or inter vivos
writing an individual, a banking corporation with fiduciary powers, or a combination thereof as
his or her successor hereunder.
§ 5.3 The individual(s) serving as Trustee shall have the right to appoint a corporate
Co-Trustee.
§ 5.4 Co-Trustees shall act by majority vote.
§ 5.5 Any Trustee serving hereunder may resign at any time, for any reason
whatsoever, without court approval. The individual Trustee then serving, or if none, the then-
current income beneficiaries (or their legal representatives) of each trust hereunder, by majority
vote, shall have the right to require the resignation of the corporate Trustee or Co-Trustee;
provided, however, that a successor corporate Trustee or Co-Trustee shall be immediately
{A2237374:1 } -6-
appointed by the individual Trustee then serving, or if none, by a majority of the then-current
income beneficiaries (or their legal representatives) of each trust hereunder.
§ 5.6 If at any time hereunder there is no individual serving as trustee of any trust
created hereunder, the corporate Trustee shall serve as sole Trustee. If at any time there is a
complete vacancy in the office of Trustee, then the then income beneficiaries of all trusts
hereunder (or their natural or legal guardians) by majority vote shall immediately appoint a
substitute individual and/or corporate Trustee(s), as the case may be, to succeed to that
position.
§ 5.7 A corporate Trustee shall not be related or subordinate to the parties appointing
it within the meaning of § 672(c) of the Internal Revenue Code.
§ 5.8 Any corporate Trustee shall be a financial institution with fiduciary powers.
§ 5.9 Except for specific references to an "individual" or "corporate" Trustee, all
references herein to "Trustee" shalt mean the originally appointed Co-Trustees or the successor
Co-Trustees or sole Trustee, as the case may be.
§ 5.10 I appoint the then serving Trustee as Guardian of the estates of any minor
beneficiaries under this Will, including the proceeds of any life insurance on my life payable to
such minors and any other property, rights or claims with respect to which I am entitled to
appoint a guardian and have not otherwise specifically done so. The Guardian shall have full
authority to use such assets, both principal and income, in any manner the Guardian shall
deem advisable for the best interests of the minor, including preparatory, college and graduate
education, and professional, vocational or technical training, without securing a court order.
{A2237374:1 } -7-
ARTICLE SIX
POWERS OF FIDUCIARIES
§ 6.1 No fiduciary under this Will shall be required to give bond or other security for the
faithful performance of the fiduciary's duties.
§ 6.2 Any such fiduciary shall have, without restriction or qualification, all powers given
by law, including without limitation those under the Pennsylvania Probate, Estates and
Fiduciaries Code, in addition to the following powers:
§ 6.2.1 To invest in, accept and retain any real or personal property,
including stock of a corporate fiduciary or its holding company, without restriction
to legal investments.
§ 6.2.2 To sell, exchange, partition or lease for any period of time any
real or personal property and to give options therefor for cash or credit, with or
without security.
§ 6.2.3 To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property.
§ 6.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or in book
entry form or unregistered or in such other form as will pass by delivery.
§ 6.2.5 To engage in litigation and compromise, arbitrate or abandon
claims.
§ 6.2.6 To make distributions in cash, or in kind at current values, or
partly in each, allocating specific assets to particular distributees on a non-pro
rata basis, and for such purposes to make reasonable determinations of current
values.
§ 6.2.7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of
income or principal of any person affected thereby.
§ 6.2.8 To determine the apportionment of receipts and expenses,
including extraordinary cash dividends, stock dividends, capital-gain dividends of
regulated investment companies and proceeds and expenses of the sale of
unproductive real estate, between income and principal, such apportionment to
be made so as to balance fairly the interests of any income beneficiary and the
remaindermen.
§ 6.2.9 To allocate, in the Executor's sole and absolute discretion, any
portion or all of my exemption under Section 2631 (a) of the Internal Revenue
Code ("My GST Exemption"), to any property as to which I am the transferor,
including any property transferred by me during my lifetime as to which I did not
make an allocation prior to my death. Any such election or allocation shall be
binding upon the Trustee and any beneficiary of any trust created hereunder.
The Trustee is directed to divide any trust created under this Will into two (2) or
more separate trusts, if necessary, to segregate the portion or portions of the
trust or trusts created hereunder over which My GST Exemption (the "GST
Exempt Trusts") from the portion or portions of the trust or trusts created
hereunder over which My GST Exemption has not been allocated (the "Non-GST
Exempt Trusts"); provided, however, that any such separated trusts shall be
held, administered and disposed of in accordance with the terms hereunder as
identical trusts in all other respects, except as provided in § 4.1.6 above.
§ 6.2.10 To disclaim any interest I may have in any estate if the
Executor deems such disclaimer to be in the best interests of my estate and the
beneficiaries thereof.
§ 6.2.11 To merge any trust created hereunder with any other trust or
trusts created by me under will or deed, if the terms of any such trust are then
substantially similar and held for the primary benefit of the same person or
persons, and if such merger shall not cause any adverse income, estate or
generation skipping transfer tax consequence.
§ 6.2.12 To terminate any trust created herein, the principal of which is
or becomes too small in the Trustee's discretion to make the establishment or
continuance of the trust advisable, and to make immediate distribution of the
then remaining trust property to the beneficiary then entitled to the income of the
trust property or, if there is more than one beneficiary, to the beneficiaries then
entitled to the income of the trust property, in proportion to their respective
interests therein or, if such interests are not defined, in equal shares to such
beneficiaries. The receipts and releases of the distributees will terminate
absolutely the right of all persons who might otherwise have a future interest in
the trust, whether vested or contingent, without notice to them and without the
necessity of filing an account in any court.
§ 6.2.13 To make any election available under the tax laws, including
the power to make an election to qualify any trust created hereunder as a
Qualified Subchapter S Trust ("ASST") or an Electing Small Business Trust
("ESBT").
{A2237374:1 } '9'
§ 6.2.14 With respect to any trust hereunder that holds shares of stock
in any S corporation, as defined by § 1361 of the Internal Revenue Code ("S
Corporation stock"), to segregate such S Corporation stock from the other
assets of any such S Corporation trust, to hold such stock in a separate trust
under similar terms and conditions, and to take such actions and make such
elections as may be reasonable necessary to qualify any such separate trust as
a permitted S Corporation shareholder under § 1361(c)(2) of the Internal
Revenue Code.
ARTICLE SEVEN
PROVISION FOR TAXES
§ 7.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with
respect to any property subject to any such tax, and any penalties thereon, shall be paid by the
Executor out of the principal of that portion of my estate disposed of by Article Three of this
Will, and all interest with respect to any such taxes shall be paid by the Executor out of the
income or principal or partly out of the income and partly out of the principal of such portion of
my estate, in the absolute discretion of the Executor. My Executor shall not make
apportionment among or seek reimbursement from the beneficiaries, recipients or owners of
such property for any such taxes, penalties or interest. Notwithstanding any provision of this
Article Seven to the contrary, the Executor shall not pay any such taxes, penalties or interest
attributable to any property included in my estate solely because of a power of appointment
thereover that I possess but have not exercised or any qualified terminable interest property.
ARTICLE EIGHT
PROVISION FOR DEBTS AND EXPENSES
§ 8.1 I direct that any of my legally enforceable debts, any expenses of my last illness,
funeral and burial, and any of the administrative expenses of my estate shall be paid from the
principal of that portion of my estate disposed of by Article Three of this Will.
ARTICLE NINE
NO CONTEST
§ 9.1 If any person with a beneficial interest hereunder shall (a) institute or maintain
any proceeding in any court for the purpose of attacking the validity of this Will, or for the
purpose of effecting a disposition my assets other than in the specific manner set forth in this
Will, by court proceeding or otherwise, or (b) institute or maintain any proceeding in any court
for the purpose of attacking the validity of (i) the Omnibus Release dated December 28, 1998,
or (ii) the Acknowledgements and Agreements dated December 24, 1998 and December 28,
1998 or (iii) the Option Agreement dated December 28, 1998 by and among John M. Arnold
and the Marital Trust and the QTIP Trust created under the Will of my deceased husband, John
A. Arnold, or (c) institute or maintain any proceeding in any court for the purpose of effecting a
disposition of the Marital Trust or the QTIP Trust created under the Willl of my deceased
husband, John A. Arnold, other than in the specific manner set forth by my deceased husband
in his Will, as modified by the aforesaid Option Agreement and Acknowledgements and
Agreements, this Will shall be construed as if such person and his or her issue had
predeceased me.
ARTICLE TEN
MISCELLANEOUS PROVISIONS
§ 10.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal
Revenue Code of 1986, as amended from time to time, or the corresponding provision of
subsequent law.
{A2237374:1 } -11-
y~
§ 10.2 If any person and I die under such circumstances that it is impossible to
determine which of us survived, it shall be conclusively presumed and this Will shall be
construed as if such person had predeceased me.
§ 10.3 Whenever a discretionary distribution of net income or principal is permitted
pursuant to any trust created by this Will, if such distribution may be made in whole or in part to
a person who is then a trustee of such trust, such person may not participate in any way in the
decision whether to make such distribution. No trustee who is under a legal obligation to
support a beneficiary of a trust created hereunder shall participate in the exercise of any
discretion granted to the trustees of that trust to distribute net income or principal in discharge
of that legal obligation. Furthermore, no trustee shall enter into any reciprocal arrangement
with any other trustee for the purpose of indirectly exercising a power prohibited hereunder.
§ 10.4 Whenever a fiduciary is directed to distribute property to or for the benefit of
any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or
otherwise suffers from an illness or mental or physical disability that would make distribution
directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion
exercised in good faith), the fiduciary may distribute such property to the person who has
custody of such beneficiary, may apply such property for the benefit of such beneficiary, may
distribute such property to a custodian for such beneficiary, whether then serving or selected
and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers
to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches twenty-
five (25) years of age, may distribute such property to the guardian of such beneficiary's estate,
may distribute such property directly to such beneficiary's estate, or may distribute such
property directly to such beneficiary (except if any of the conditions hereinbefore described in
(b) apply), without liability on the part of the fiduciary to see to the application of such property.
{A2237374:1 } -12-
ti
This provision shall not in any way operate to suspend such beneficiary's absolute ownership of
such property or to prevent the absolute vesting thereof in such beneficiary.
§ 10.5 Except as otherwise may be provided in this Will, during the continuance of
any of the trusts created under the provisions of this Will, and thereafter until the property is
distributed to and received by any beneficiary hereunder, the principal sums thus held in trust
for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any
contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made,
contracted, incurred or committed, but shall be absolutely free from the same, and such
beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums
or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the
income.
§ 10.6 An individual fiduciary shall receive compensation in accordance with the law
of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. A
corporate fiduciary shall be compensated by agreement with the individual fiduciary, or, in the
absence of such agreement, in accordance with its fee schedule as in effect at the time of
payment. I authorize a corporate fiduciary to charge additional fees for' services it provides to
my estate or a trust hereunder that are not comprised within its duties as a fiduciary, for
example, a fee charged by a mutual fund it administers in which my estate or a trust hereunder
invests, or a fee for providing an appraisal, or a fee for providing corporate finance or
investment banking services. I also recognize that a corporate fiduciary may charge separately
for some services comprised within its duties as a fiduciary, for example a separate fee for
investing cash balances or preparing tax returns. Such separate charges shall not be treated
as improper or excessive merely because they are added on to a basic; fee in calculating total
compensation for service as a fiduciary.
{A2237374:1 ~ -13-
~ . ~ 'L
Y ~ ~~
§ 10.7 Notwithstanding any other provision of this Will, but only to the extent that any
trust hereunder is subject to the Rule Against Perpetuities under applicable law, upon the
expiration of twenty-one (21) years after the death of the last survivor of my issue living at my
death, the trusts created hereunder shall forthwith terminate and the trust property shall be
distributed to the beneficiary then entitled to the income of the trust property or, if there is more
than one beneficiary, to the beneficiaries then entitled to the income of the trust property in
proportion to their respective interests therein or, if such interests are not defined, in equal
shares to such beneficiaries.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22"d day of
December, 2010.
~Qh.h ~ cR- ~~ lL WEAL)
BARBARA M.ARNOLD
Signed, sealed, published and declared by the above named BARBARA M. ARNOLD,
as and for her Last Will, in the presence of us and each of us, who, at her request and in her
presence and in the presence of each other, have hereunto subscribed our names as witnesses
thereto the day and year last above written.
Residing at `~.~5f~~ ~/9 ~~~~
Residing at
{A2237374:1 } -14-
~ , T,. lr
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss.
We, BARBARA M. ARNOLD, the testatrix, I<a~..~•., ~, (4f~(y and
~ f.~L.,s~...r-ti. P. ~~ ilw,-~ ,the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the testatrix signed and executed the instrument as her Last Will; that the testatrix signed
willingly and executed it as her free and voluntary act for the purposes therein expressed; that
each subscribing witness in the hearing and sight of the testatrix signed the Will as a witness
and that to the best of his or her knowledge the testatrix was at that time eighteen (18) years of
age or older, of sound mind and under no constraint or undue influence.
BARBARA M. ARN LD
Subscribed, sworn to and acknowledged before me by BARBARA M. ARNOLD, the
testatrix, and subscribed and sworn to before me by ~4.~-r~••~ l~- ~~'~~ and
~.1,'~.,~c,(-+- P• l~~l~~, ~, ,the witnesses, this 22"d day of December, 2010.
_ /~ • ~'
Notary Public
(SEAL)
cora+wonweai.TM o~ ~vNSnvaNra
Notarial seat
Marianne H. Aai, Notary Publk
Clly of Hartisburg, Dauphin County
Commission Expires June 10, 2014
{A2237374:1 } -15-