HomeMy WebLinkAbout07-11-11IN RE: ESTATE OF ROBERT J. IN THE COURT OF COMMON PLEAS
COOK, SR., Deceased, Late of OF CUMBERLAND COUNTY,
Carlisle, S. Middleton Township, PENNSYLVANIA
Cumberland County, TM-
Pennsylvania ORPHAN'S COURT DIVISI~I~ =~-:
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PETITION TO ADMIT COPY OF -~' J~,
ORIGINAL WILL TO PROBATE > ~~~ ~''
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AND NOW this - day of July, 2011, comes Petitioner, ROBERT J.
COOK, JR., by and through his attorneys, Duncan & Hartman, P.C., and respectfully
petitions this Court to admit to probate a copy of the original Last Will and Testament of
the Decedent, Robert J. Cook, Sr., and in support thereof avers as follows:
1. Petitioner is Robert J. Cook, Jr., the son of Robert J. Cook, Sr. {the
"Decedent"), who died on June 27, 2011, a resident of Kitszell Drive, Carlisle, South
Middleton Township, Cumberland County, Pennsylvania.
2. Decedent was predeceased by his spouse, Arlene S. Cook, born August
27, 1925.
3. Decedent's spouse, Arlene S. Cook, died on February 29, 2004„
4. Decedent's father, John W. Cook, died on May 3, 1989.
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5. Decedent's mother, Pearl I. Cook, died on December 30, 1993.
6. Decedent's sister, Lois A. Kelley, died on October 30, 2008.
7. The sole heir and relationship to the Decedent is as follows:
Robert J. Cook, Jr., Son
8. On November 30, 1999, Decedent executed a Last Will and Testament,
which was prepared by his attorney, Robert C. Sadis.
9. Decedent executed the Last Will and Testament at the office of his
attorney, Robert C. Sadis, in his presence and in the presence of Renee H. Murray,
both of whom acted as subscribing witnesses.
10. The heir listed in Paragraph 4 of this Petition is entitled to the entire share
of Decedent's estate, as listed in the Decedent's Last Will and Testament.
11. Petitioner is the named Executor under the Last Will and Testament dated
November 30, 1999. A true and correct copy of the Last Will and Testament dated
November 30, 1999, bearing the signatures of Decedent, his attorney, and the
subscribing witnesses is attached hereto and incorporated herein as Exhibit "A".
12. A copy of Decedent's Last Will and Testament attached as Exhibi# "A"
was located along with his other important paperwork and documentation, including
bank records.
13. Decedent's attorney, Robert C. Sadis, is unable to locate the original Last
Will and Testament of Decedent dated November 30, 1999 and believes the original
Last Will and Testament was given to Decedent for safekeeping.
14. After diligent search, Petitioner has been unable to locate the original
will of Decedent dated November 30, 1999, a copy of which is attached hereto as
Exhibit "A", and upon information and belief avers that the original was not revoked or
destroyed by Decedent.
15. Furthermore, Petitioner is not aware of Decedent executing or having
prepared any subsequent will to that prepared and signed on November 30, 1999.
16. Decedent's spouse, Arlene S. Cook, executed a Will at the same time and
place as Robert S. Cook, Sr. It was prepared and witnessed by the same attorney and
notarized at the same time as decedent's. The provisions of the Will of Arlene S. Cook
were essentially identical to the Will of Robert J. Cook, Sr. in that provisions were made
for the respective spouse and then the child, Robert J. Cook, Jr.
17. The Last Will and Testament of Arlene S. Cook was admitted to Probate
under Docket 21-04-299 and Robert J. Cook, Jr. elected as Executor of the Arlene S.
Cook Estate. A copy of the Last Will and Testament of Arlene S. Cook is hereby
attached.
18. The assets of Decedent's estate include:
M&T Checking Account $ 2,812.95
M&T Money Market Account $ 25,246.08
DWS Investments $ 191, 091.87
1997 Cadillac - 83,000 miles -average $ 4,000.00
19 In the absence of Decedent's Last Will and Testament dated November
30, 1999, no other individual is named to serve as executor or executrix.
20. The parties in interest in this matter are set forth as follows:
A. Robert J. Cook, Jr., 889 Alexander Spring Road, Carlisle, F'A,
Petitioner, Named Executor and Sole Heir to the Estate of Robert J. Cook, Sr.
B. William A. Duncan, Esq., One Irvine Row, Carlisle, PA, Attorney
for the Petitioner.
WHEREOF, Petitioner respectfully requests that a citation be awarded and
directed to be published one (1) time each in the legal journal and newspaper or
general circulation of Cumberland County, Pennsylvania, to show cause why the
photocopy of the Last Will and Testament of Robert J. Cook, Sr., dated November
30, 1999, should not be admitted to probate as if it were the original.
Respectfully submitted.
DUNCAN & HARTMAN, P.C.
Date. 4 ,' ~ ~; gy:
~;~' is an, Esquire -~
t_--~' 1 ~~ Supreme Court ID # 22080
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I 1 Irvine Row
l Carlisle, PA 17013
(717) 249-7780
Attorney for Petitioner
VERIFICATION
The undersigned having read the attached Petition hereby verifies that the
facts set forth therein are true and correct to the best of his knowledge, information
and belief.
This verification is made subject to the penalties of 18 Pa.C.S. section 4904
pertaining to unsworn falsification to authorities.
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G~AL REGISTRAR'S ERTIFI~ATIt~N GF I~EA'~r'IH
1~J;~-1~NING: I# is illegal t® duplicate this 1~op~~ bit photastat or' photogr~p~l..
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H1os-143 REV 11r2ao6 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE / PRINT IN
PERMANENT CERTIFICATE OF DEATH
BLACK INK See instructions and exam les on reverse
P ~ STATE Fll F Nl1MRFR
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1. Name of Decedent (Frst, middle, last, suffix) 2. Sex 3. Social Security Number 4. Date of Death (Month, day, year)
Robert James Cook Male 172 - 24 - 7539 June 27, 2011
5. Age (Last Birthday) Under 1 year Under 1 day 6. Date of Birth (Month, day, year) 7. Birthplace (City and state or for eign country) Ba. Place of Death (Check only one)
86 Morons Deys Hours Minutes Hospital: Other.
Yrs. OCt . 15 ~ 1924 Carl isle , PA ^ In bent ^ ER /Out bent ^ DOA
pe pa Nursi Home
(~ rig ^ Residence ^Other - Specity:
8b. County of Death 8c. City. Boro, Twp. of Death 8d. Fadlity Name (If not institution, give street and number) 9. Was Decedent of Hispanic Origin? ~] No ^ `/es 10. Race: American Indian, Black, White, etc.
• Cumberland Carlisle Thornwald Home 01 yes, specify Cuban, (Specify)
Mexican, Puerto Rican, etc.) White
11. Decedent's Usual ibn Kind of work d one Burin most of workin life. Do not slate retired 12. Was Decedent ever in the 13. Decedent's Education (Specify Doty highest grade comp leted) 14. Marital Status: Married, Never Married, 15. Surviving Spo use (If wife
give maiden name)
I of Work
Kind of Business I Industry U.S. Amted Forces?
Elementary /Secondary (0-12)
College (1-4 or 5+) Widowed, Divorced (Specify) ,
Owner rator Appliance Store ®Yea ^Nd 10 Widowed
16. Decedent's Mailin Address (Street, city /town, state, zip code) Decedents Did Decedent
4 Klt ze~l Drive Actual Residence 17a. Slate PA Live in a 17c. ^Yes, Decedent Lived in _+ Twp.
Carlisle, PA 17013 17b. County Cumberland Township? 17d. [~ No, Decedent Uved within
Carlisle
Actual Limits of
City/Boro
18. Father's Name (First, middle, last, suffix)
John Cook 19. Mother's Name (First, middle, maiden sumartre)
Pearl Casey
20a. Informant's Name (type / Prinq 20b. Informant's Mailing Address (Street, city /town, state, zip code)
Robert James Cook, Jr. 889 Alexander Spring Road, Carlisle, FAA 17015
27a. Method of Disposition ^ Cremation ^ Donation 21b. Dale of Disposition (Month, day, year) 21c. Place of Disposition (Name of cemetery, crematory or other place) 21d. Lncatiori (City /town, state, zip ~;ode)
~] Burial ^ Removal from State ;Wes Cremation a Donation Authorized July 1, 2011 Westminster Memorial Gardens Carl isle, PA 17013
^ Other - Specity: by Medical Examiner I Coroner? ^Yes ^ No
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22a. S' u of Funeral Service Licen (or person acting as such) 22b. License Number 22c. Name and Address of Facility Hof fman-Roth Funeral Home & Crematory
. ~ _~ 013144E 219 North Hanover Street Carlisle, PA 17013
Compl a Items 23ac only when certifying
physician is not available al time of death to 23a. To the best of my knowledge, de
uned al the lime, date a
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ce st ed. (Signature and title)
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~ 23b. License Number "3c Oate Signed (Month, day, year)
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certity cause of death. /
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• Items 2446 must be completed by person 24. Time of Death / ' 26. Date P pounced Dead (Month, day, year) 26. Was Case Referred to Medical Examiner /Coroner for a Reason Other than Cremation or Donation?
wlw pronounces death. I ~' L O M. ~~~~ ~ ~ / ^Yes ~No
CAUSE OF DEATH (Sce instructions and examples) I Approximate interval: Pan II: Enter other;jgpificanl conditions contributing to death, 28. Did Tobacco Use GHtMbute to Death?
Item 27. Part I: Enter the chain of events -diseases, injuries, or complicatforts -that directly caused the death. DO NOT enter terminal events such as cardiac arrest, I Onset to Death but not resulting in the undedying cause given in Part I. ^Yes ^ Probably
respiratory anest, or ventricular libdllation wnhoN showing the etblogy. List only aria cause on each line.
IMMEDIATE CAUSE (Final disease or I
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condition resulting in death)
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Due to (or as a consequence ot):
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, Not pregnant within past year
Sequentially list conditions, d any, D
leading to the cause listed on line a. r
t ^ Pregnant at lime of death
Enter the UNDERLYING CAUSE Due to (or as a consequence of): i ^ Nel pregnant, but pregnant withn a2 days
(disease or injury that initiated the c
events resulting In death) LAST I
r of death
Due to (or as a consequence of): t - ^ Not pregnant, but pregnant 43 days l0 1 year
• d i before death
^ Unkrwwn if pregnant within the pest year
30a. Was an Autopsy
Pedormed? 30b. Were Autopsy Findings
Available Prior to Completion 31. Manner of Death 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occunetl 32c. Place of Injury: Hare, Fann, Street, Factory,
of Cause of Death?
.Natural ^ Homicide 08ice Building, etc (Specity)
^ Yes ~ No ^ Ves ^ Nc ^ Accdent ^ Pending Investigation 32d. Time of Injury 32e. Injury at Work? 32f. If Transportallon Injury (Sped/y) 32g. Location of Injury (Street, city i town, state)
^ Suicide ^ Could Not be Determined ^Yes ^ No ^ Driver /Operator ^ Passenger ^ Pedestrian
M ^ Other -Specify:
33a. Certffrer (check Doty one) 33b. S agttp and Tdle of C
enifier
• Certflyfng physician (Physician cenitying cause of death when another physician has prorlourtced death and completed Item 23)
Ta the best of my knowledge, death occurred due to the cause(s) and manner as Statlld_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~„
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To the best of my knowledge, death occuned at the time, date, and place, and due to the cause(s) and manner as atated_
• Medical Examiner /Coroner
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 33c. License Number
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On the basis of examination and / or investigation, in my opinion, death occurred at the time, date, and place, and due to t he cause(s) and manner as stated
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_ 34. Nam
e and Address of Person Wh
~Completed ause of Death (
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35. Registrar' ~~re and Di cl Nem6e~
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Disposition Permit No. ,~~2
LAST WILL AND TESTAMENT
OF
ROBERT J. COOK, SR.
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I, ROBERT J. COOK, SR., of Carlisle, Cumberlan
~~`P~'6ns ~~iuua, hereby
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revoke my prior wills and declare this to be my will:
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I. Personal and Household Effects: I give all my articles of personal or
household use, including automobiles, together with all insurance relating thereto, to my wife,
ARLENE S. COOK. If she does not survive me, I give all such property to those persons
named on a written list made by me during my lifetime, or in absence of a written list or
designation on said list, I give all such property to my son, ROBERT J. COOK, JR.
My Executrix may make whatever arrangements my Executrix deems
i appropriate for storing and delivering articles of personal or household use to the beneficiaries, j
and may pay the cost thereof and any related expenses including insurance from my residuary
estate. ~
II. Residue: Upon my death, I direct that all the rest, residue and remainder of
SAIDIS,
S H U F F & !i my estate of whatever nature and wherever situate be divided into two (2) parts, each of which
MASLAND
A'iTORI~YS•AT~I.AW
2109 Market Street ~ shall be held in trust and constitute a separate Trust Fund, to be known as "Trust ~~" and `'Trust
Camp Hlll, PA ~~
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A. Trust "A": My Executrix shall pay to the Trustee, hereinafter
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named, to be placed in "Trust A" that fractional amount of the total princi al of which t
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numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax b
y
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reason of the unified credit and the state death tax credit (provided that the use of this credit
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does not require an increase in state death taxes) allowable to my estate but no other credit and
`I after taking account of property passing outside of my estate which does not qualify for the
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g count of charges to principal that are not
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allowed as deductions in computing the Federal estate tax, and of which the denominator shall
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SAIDIS,
SNUFF &
MASLAND
ATTORNBYS•AT•[.AW
2109 Market Street
Camp Hill, PA
j be the value of the total principal. For the purposes of establishin such fractio
~ g n, the value
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~ finally fixed in the Federal estate tax proceedings relating to my estate shall be used. I
recognize that the numerator of such fraction may be zero (0), in which case no ro e
;~ P p rty shall
pass under "Trust A" and that said numerator may be affected by the action of the Executor of
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~I my estate in exercising elections for tax purposes.
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'~ B. "Trust B": The balance of the rinci al not ~~ ' ~~
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shall be laced in "Tru "
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d ; III. Provisions of "Trust A": The following provisions shall apply to "Trust
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~' A. Trustee shall pay the net income arising from the principal of this
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'' Trust in quarterly installments to my wife, ARLENE S. COOK durin
;~ g her lifetime. ;
B. During my wife's lifetime, Trustee shall pay to or for her benefit,
so much of the principal of this Trust as may be necessary, in the discretion of the Trustee, for
the proper support, maintenance and medical care of my wife. In addition, in each calendar year
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~~ following the year of my death, the Trustee shall pay to my wife such portions of the principal as
~;; she may request in writing not to exceed in any one calendar year, on anon-cumulative basis, the
greater of. Five Thousand Dollars ($5,000.00) or up to five percent (5%) of the aggregate value of
II the principal as of the first re uest for withdrawal in such ear.
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C. Upon my wife's death, Trustee shall convey and pay over all of the
remaining assets to my son, ROBERT J. COOK, JR.
Should my son not be living, the remaining assets shall be paid to my daughter-in-law, KAREN
ENGLANDER COOK.
IV. Provisions of "Trust B": The following provisions shall apply to "Trust
B,~,
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A. Trustee shall have, hold, manage invest and reinvest the assets of this
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Trust, collect the income and beginning at my death pay over the net income in quarterly
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~!qqi installments to my wife, ARLENE S. COOK, during her lifetime. Trustee shall also, from time ~
to time, pay to my wife such amounts of principal of this Trust, as Trustee deems necessary for
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~ the proper support, maintenance and medical care of my wife. In addition, in each calendar year ~
following the year of my death, the Trustee shall pay to my wife such portions of the principal as
SAIDIS,
SHUFF &
MASLAND
A'1'i!ORNEYS•AT•1.AW
2109 Market Street
Camp Hill, PA
she may request in writing not to exceed in any one calendar year, on anon-cumulative basis, the
greater of Five Thousand Dollars ($5,000.00) or up to five percent (5%) of the aggregate value of
the principal as of the first request for withdrawal in such year.
B. Upon the death of my wife, Trustee shall pay all accrued income
and all income accumulated but undistributed to the estate of my deceased wife and shall
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thereafter transfer the then remaining principal of this Trust to "Trust A" to be :held, administered
and distributed in accordance with the provisions of ITEM III. of this Last Will and Testament.
C. If my wife should not survive me, then the provisions of "Trust B"
shall be void and the assets which would have constituted "Trust B" shall be added to "Trust A"
to be disposed of in accordance with ITEM III of this Last Will and Testament.
'; D. Trustee shall be authorized in Trustee's sole, exclusive and
unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of the Internal
ii
Revenue Code of 1986 as amended, or any corresponding provisions of the Federal estate law),
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~ to qualify all, none or a fraction of "Trust B" for the Federal estate tax martial deduction. The
'! decision of Trustee with respect to the exercise of the election shall be final and conclusive upon
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~~ all persons whose interests in my estate are directly or indirectly affected by the election. Only
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~~ property which is fully eligible for the marital deduction under Federal estate tax law shall be
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/% ; assigned to this Trust. Notwithstanding anything to the contrary contained in this Last Will and
Testament, Trustee of this Trust shall not retain beyond a reasonable time any property which
ji may at any time be or become unproductive, nor shall they invest in unproductive property.
' Notwithstanding the provisions of Subparagraph B. of this ITEM, Trustee shall pay to the
Executor of my wife's estate, out of the principal of this Trust upon the death of my wife,
~ amount equal to the estate, inheritance, transfer, succession and other death taxes ("death taxes"),
it
~~ Federal, state and other, payable by reason of the inclusion of the value of Trust property in my
SAIDIS, !~
S H U F F & '' wife's estate. Such payment shall be equal to the amount by which (1) the total of such death
MASLAND
ATrOR1~1fS•AT•LAW ~
1109 Market Street ` taxes by my wife's estate exceeds (2) the total of such death taxes which would have been
Camp Hill, PA
~ payable if the value of the Trust property had not been included in my wife's estate. The
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determination by the Executor of my wife's estate of the amount payable hereunder shall be final.
I further direct the Trustee to pay such amount promptly upon written request of the Executor of
my wife's estate. The final determination of the amount due hereunder shall be based upon the
value as finally determined for Federal estate tax purposes in my wife's estate. After payment of
the amount finally determined to be due hereunder, Trustee shall be discharged from any further
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i liability with respect to such payment. My wife may waive her estate's right to payment under
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this subparagraph by Will, executed after my death, in which she specifically refers to the right to
payment hereunder given to her estate.
V. Disclaimer: My wife (or her personal representative, guardian or agent
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~~ acting under a power of attorney) may disclaim any part or all of the gifts to her hereunder,
including the provisions for her in the trusts set forth in ITEMS III and IV. In such event, the
disclaimed amounts which would be payable to her or to the trusts created herein shall be dis-
tributed to my son, ROBERT J. COOK, JR.
VI. Survivorship: Any person, other than my wife, who shall have died at the
SAIDIS,
SNUFF & ~~
MASLAND it
ATTORNEYS~ATH.AW ~
2109 Market Street ~
Camp Hill, PA t
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same time as myself, or under such circumstances that the order of deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have
predeceased her. If my wife dies at the same time as myself, or under such circumstances that
the order of deaths cannot be established by proof, my wife shall be deemed to have survived
me. Any person (other than myself) who shall have died at the same time as any then recipient
of income under such circumstances that the order of deaths cannot be established by proof,
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shall be deemed to have predeceased such beneficiary.
VII. Power of Appointment: No provision of this will shall exercise any
power of appointment I may have.
VIII. Protective Provisions: No part of the income of the property held under
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the Trusts shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or
trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof.
Trustee shall pay over the net income and the principal to the parties herein designated, as their
interest may appear, without regard to any attempted anticipation, pledging or assignment by
',~ any beneficiary under a Trust and without regard to any claim thereto or attempted levy,
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attachment, seizure or other process against said beneficiary.
IX. Powers of Personal Rep resentative and Trustee: My personal.
representative and Trustee shall posses, among others, the following powers exercisable
without court approval:
A. To vary or to retain investments, including the stock of any
SAIDIS,
SHUFF &
MASLAND
ATfORNEYS•ATN.AW
2109 Market Street
Camp Hill, PA
corporate Trustee named herein, when deemed desirable by them, and to invest in such bonds,
stocks, notes, real estate mortgages or securities or in such other property, real or personal as they
shall deem wise.
B. In order to effect a division of the principal of a Trust or for any j
other purpose, including any final distribution of a Trust, they are authorized to m~~c said
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divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts created hereunder so long as the total market value
'!~ of any share is not affected by such allocations. Should it appear desirable to partition any real
estate, they are authorized to make, join in and consummate partitions of lands, voluntarily or
involuntarily, including giving of mutual deeds, recognizances, or other obligations with as wide
~j powers as can be exercised by an individual owner in fee simple.
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'~ C. To sell either at public or private sale and upon such terms and
~~: conditions as they may deem advantageous to a Trust, any or all real or personal estate or interest
therein owned by a Trust severally or in conjunction with other persons, and to consummate said
sale or sales by sufficient deeds or other instruments to the purchasers or purchasers, conveying a
~ fee simple title, free and clear of all trust and without obligation or liability of the purchaser or
~; purchasers to see to the application of the purchase money, or to make inquiry into the validity of
~~
,~ said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds,
~~ assignments, options or other writings which may be necessary or desirable in carrying out any of
~~ ' the powers conferred upon them in this paragraph or elsewhere in the instrument.
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D. To mortgage real estate, and to make leases of real estate, '~,
extending beyond the term of the Trusts hereunder.
E. To borrow money from any party, including my personal
' representative and trustee, to pay indebtedness of a Trust and taxes, and to assign and pledge
SAIDIS,
S H U F F & assets of a Trust therefor. Provided, however, that this paragraph shall not authorize borrowing;
MASLAND
ATtDRNE1f3•AT~LAW
2109 Market Street ~ from "Trust B".
Camp HIII. PA
F. To pay all costs, taxes, expenses and charges in connection G~~ith
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the administration of a Trust, including a reasonable compensation to agents. If any estate or
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inheritance taxes are payable from assets received by Trustee, such taxes shall be paid from the
assets of "Trust A".
G. In the discretion of my personal representative or trustee, to unite
with other owners of similar property in carrying out any plans for the reorganization of any '.
corporation or company whose securities form a part of a Trust.
H. To vote any shares of stock which form a part of a Trust.
I. To assign to and hold in trust an undivided portion of any asset.
',
J. To divide any Trust created in this Agreement into two or more
separate Trusts (1) to segregate property not subject to Pennsylvania inheritance tax, or (2) so
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that the inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or
one, in order that an election under 2652 (Section a)(3) of the Internal Revenue Code may be ''
made with respect to one of the separate Trusts, or (3) for any other reason.;
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K. To do all other acts in its judgment deemed necessary or desirable
~;
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for the proper and advantageous management, investment and distribution of the Trusts.
~' L. Any corporate fiduciary acting as a personal representative or
'~ trustee hereunder shall be entitled to compensation based on its regular schedule of fees for such
1~
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~~ services in effect at the time of the service rendered.
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'` M. Should the principal of any Trust herein provided for become too
SAIDIS, i
SNUFF & '~
! small, in their discretion, so as to make continuance of the Trust inadvisable, they may make ~
MASLAND
A'Ti'ORNEYS•AT•l1-W +I
2109 Market Street i immediate distribution of the then remaining principal and any accumulated or undistributed ~
Camp Nill, PA
income outright to the person or persons and in the proportions they are then. entitled to income.
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Upon such termination the rights of all persons who might otherwise have any interest as
succeeding income beneficiary or in remainder shall cease. If any person to receive distribution
is a minor or disabled in any way, they may pay the fund to the parent, guardian, or person or
organization taking care of that person, or, with respect to a minor, Trustee may deposit the fund
in a savings fund account in the minor's name payable to the minor at majority.
These authorities shall extend to all property at any time held by my Executor or my
Trustee and shall continue in full force until the actual distribution of all such property, except
as otherwise specifically stated. All powers, authorities, and discretion granted by this will
shall be in addition to those granted by law and shall be exercisable without court authoriza-
tion.
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y X. Disability: Whenever and as often as any beneficiary hereunder, to whom
~! payments of income or principal are herein directed to be made, shall be under legal disability,
;~ or in the sole judgment of Trustee, shall otherwise be unable to apply such payments to his
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own or her own best interests and advantages, Trustee may make all or any portion of such
payments in any one or more of the following ways:
A. Directly to such beneficiary;
B. To the Legal Guardian or Conservator of such beneficiary;
SAIDIS,
S H U F F & 'i C. To a relative of such beneficiary, to be expended by such relative for
MASLAND i i
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2109 Market Street 1; the benefit or such beneficiary; or
Camp H1U, PA
D. By itself expending same for the benefit of said beneficiary. These
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XI. Personal Representatives and Trustees: I appoint my son, ROBERT J.
COOK, JR., Executor of this, my Last Will and Testament. Should my said son fail to qualify
or cease to act as such, then I appoint my daughter-in-law, KAREN ENGLANDER COOK,
~,
to act in this capacity.
I appoint my son, ROBERT J. COOK, JR., as Trustee of any trusts created
herein. Should my said son fail to qualify or cease to act as such, I appoint my daughter-in-law,
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h;AREN ENGLANDER COOK, to act in this capacity. None of my personal representatives
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shall be required to post bond in this or any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on this, the
~ ~ day of ~!~jiC-m,~ ~-~3~, 1999.
~. ~~~ ~ ~ ~i (SEAL}
ROBERT J. COOK, SR.
In our presence the above-named testator signed this and declared it to be his will, and now at
his request, in his presence, and in the presence of each other, we sign as witnesses:
SAIDIS, ,~-~
SHUFF &
MASLAND
A~-rottr~~Ara.Aw ' ~
2109 Market Street
Camp Hill, PA I i
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10
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND)
WE, the undersigned, the testator and the witnesses, respectively, whose names are
signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the testator signed and executed the instrument as his Last Will and Testament and
that he signed willingly (or willingly directed another to sign for him), and that he executed it as
his free will 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 witnesses 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.
~~ ~ ~. ~~
estator
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SAIDIS,
SNUFF &
MASLAND
ATfORIVBYS•AT~t.AW
2109 Market Street
Camp Hill. PA
Subscribed, sworn to and acknowledged b~fore me by the testator, and subscribed and
sworn to before me by both witnesses, this ~? ~ day of c v~ rn ~3 ~C. ,
1999.
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otary lic
INOfNML iI1L
KMi01 L LEMQI~ lIOfAAr P1~x'
CJIIM,18lF BOAO~, ~AIiO ~Y
MY lrOdllrN9910P~ E~1lIEts 1°I~UAY ~ >~
11
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I LAST WILL AND TESTAMENT
OF
ARLENE S. COOK
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~1 I, ARLENE S. COOK of Carlisle Cumberland Coun Penns lvani
~II ~ ty, y a, hereby revoke
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I. Personal and Household Effects: I ive all m articles of ersona
g y p 1 or
household use, including automobiles, together with all insurance relating thereto, to my
~~ ~ husband, ROBERT J. COOK, SR. If he does not survive me, I ive all such roe to
g p P rtY
~~,~ those persons named on a written list made by me during my lifetime, or in absence of a
.,
~'~ ~ written list or designation on said list, I give all such property to my son, ROBERT J. COOK,
~~
~~~. JR.
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,,. ~,~ My Executor may make whatever arrangements my Executor deems appropriate
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~ for storing and delivering articles of personal or household use to the beneficiaries, and may
pay the cost thereof and any related expenses including insurance from my residuary estate.
~~ II. Residue: Upon my death, I direct that all the rest, residue and remainder of
a
SAIDIS, ;i m estate of whatever nature
S H U F F & y and wherever situate be divided into two (2) parts, each of which
MASLAND ~~
ATTORNEYS•AT•WW i~ shall be held in trust and constitute a separate Trust Fund, to
2109 Market Street
Camp Hilt, PA
~~ be known as "Trust A" and "Trust B".
~~
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A. Trust "A": My Executor shall pay to the T~:ustee, hereinafter
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I~ named, to be placed in "Trust A" that fractional amount of the total principal of which the
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ATTORIVEYS•AT•LAW
2109 Market Street
Camp Hill, PA
j numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax by
j reason of the unified credit and the state death tax credit (provided that the use of this credit
.;
does not require an increase in state death taxes) allowable to my estate but n.o other credit and
after taking account of property passing outside of my estate which does not qualify for the
marital or charitable deduction and after taking account of charges to principal that are not
allowed as deductions in computing the Federal estate tax, and of which the denominator shall
be the value of the total principal. For the purposes of establishing such fraction, the value
finally fixed in the Federal estate tax proceedings relating to my estate shall be used. I
recognize that the numerator of such fraction may be zero (0), in which case no property shall
pass under "Trust A" and that said numerator may be affected by the action of the Executor of
my estate in exercising elections for tax purposes.
B. "Trust B": The balance of the principal not placed in "Trust A"
shall be placed in "Trust B".
III. Provisions of "Trust A": The following provisions shall. apply to "Trust
A":
A. Trustee shall pay the net income arising from the principal of this
Trust in quarterly installments to my husband, ROBERT J. COOK, SR., during his lifetime
f~
B. During my husband's lifetime, Trustee shall pay to or for his
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`i benefit, so much of the principal of this Trust as may be necessary, in the discretion of the
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'' Trustee, for the proper support, maintenance and medical care of my husband. In addition, in
each calendar year following the year of my death, the Trustee shall pay to my husband such
portions of the principal as he may request in writing not to exceed in any one calendar year, on a
non-cumulative basis, the greater of Five Thousand Dollars ($5,000.00) or• up to :five percent
(5%) of the aggregate value of the principal as of the first request for withdrawal in such year.
C. Upon my husband's death, Trustee shall convey and pay over all
of the remaining assets to my son, ROBERT J. COOK, JR. Should my son not be living, the
remaining assets shall be paid to my daughter-in-law, KAREN ENGLANDER COOK.
IV. Provisions of "Trust B": The following provisions shall apply to "Trust
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SNUFF &
MASLAND
ATTORNEYS•AT•LAW
1109 Market Street
Camp Niil, PA
B":
A. Trustee shall have, hold, manage invest and reinvest the assets of this
Trust, collect the income and beginning at my death pay over the net income in quarterly
installments to my husband, ROBERT J. COOK, SR., during his lifetime. Trustee shall also,
from time to time, pay to my husband such amounts of principal of this Trust, as Trustee deems
necessary for the proper support, maintenance and medical care of my husband. In addition, in
each calendar year following the year of my death, the Trustee shall pay to my husband such
portions of the principal as he may request in writing not to exceed in any one calendar year, on a
non-cumulative basis, the greater of Five Thousand Dollars ($5,000.00) or up to five percent
(5%) of the aggregate value of the principal as of the first request for withdrawal in such year.
B. Upon the death of my husband, Trustee shall pay all accrued
income and all income accumulated but undistributed to the estate of my deceased husband and
3
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ji shall thereafter transfer the then remaining principal of this Trust to "Trust A" to be held,
administered and distributed in accordance with the provisions of ITEM III. c-f this Last Wr L( and
Testament.
C. If my husband should not survive me, then the
provisions of "Trust B" shall be void and the assets which would have constituted "Trust B" shall
be added to "Trust A" to be disposed of in accordance with ITEM III of this Last Will. ~~nd
Testament.
D. Trustee shall be authorized in Trustee's sole, exclusive ~lnd
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SAIDIS,
SNUFF &
MASLAND
A7'1'ORNEYS•AT•LAW
2109 Market Street
Camp Hill, PA
unrestricted discretion to determine whether to elect (under Section 2056(b;)(7) of the Internal
Revenue Code of 1986 as amended, or any corresponding provisions of the I~ederal estate iaw),
to qualify all, none or a fraction of "Trust B" for the Federal estate tax martial deduction. T'he
decision of Trustee with respect to the exercise of the election shall be final and conclusive ~~lpon
all persons whose interests in my estate are directly or indirectly affected by the election. t::)nly
property which is fully eligible for the marital deduction under Federal estate tax law shawl be
assigned to this Trust. Notwithstanding anything to the contrary contained in this Last Will a;nd
Testament, Trustee of this Trust shall not retain beyond a reasonable time any property which
may at any time be or become unproductive, nor shall they invest in unproductive propert}~.
Notwithstanding the provisions of Subparagraph B. of this paragraph, Trustee shall pay to the
Executor of my husband's estate, out of the principal of this Trust upon the death of my husband,
I
an amount equal to the estate, inheritance, transfer, succession and other death taxes ("death
taxes"), Federal, state and other, payable by reason of the inclusion of the value of Trust property
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~~ in my husband's estate. Such payment shall be equal to the amount by which (1) the total of such
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death taxes by my husband's estate exceeds (2) the total of such death taxe;> which would have
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jj been payable if the value of the Trust property had not been included in my husband's estate. The
determination by the Executor of my husband's estate of the amount payable hereunder shall be
1
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final. I further direct the Trustee to pay such amount promptly upon written request of the
Executor of my husband's estate. The final determination of the amount due hereunder shall be
based upon the value as finally determined for Federal estate tax purposes in my husband's
estate. After payment of the amount finally determined to be due hereunder, Trustee shall be
discharged from any further liability with respect to such payment. My husband may waive his
estate's right to payment under this subparagraph by Will, executed after my death, in which he
specifically refers to the right to payment hereunder given to his estate.
V. Disclaimer: My husband (or his personal representative, guardian or agent
acting under a power of attorney) may disclaim any part or all of the gifts to him hereunder,
including the provisions for him in the trusts set forth in ITEMS III and IV. In such event, the
disclaimed amounts which would be payable to him or to the trusts created herein shall be dis-
tributed to my son, ROBERT J. COOK, JR.
VI. Survivorshiu: Any person, other than my husband, wha shall have died at
SAIDIS,
SNUFF &
MASLAND
ATl'DtWEYS•AT•[AW
2109 Market Street
Camp Hiil, PA
the same time as myself, or under such circumstances that the order of deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have
predeceased him. If my husband dies at the same time as myself, or under such circumstances
'I that the order of deaths cannot be established by proof, my husband shall be deemed to have
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5
survived me. Any person (other than myself) who shall have died at the same time as any then
recipient of income under such circumstances that the order of deaths cannot be established by
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~ proof, shall be deemed to have predeceased such beneficiary.
VII. Power of Appointment: No provision of this will shall exercise any
power of appointment I may have.
VIII. Protective Provisions: No part of the income of the property held under
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the Trusts shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or
trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof.
Trustee shall pay over the net income and the principal to the parties herein designated, as their
interest may appear, without regard to any attempted
anticipation, pledging or assignment by any beneficiary under a Trust and without regard to
any claim thereto or attempted levy, attachment, seizure or other process against said
beneficiary.
IX. Powers of Personal Representative and Trustee: My personal
SAIDIS,
SNUFF &
MASLAND
ATTORIVEYS•AT•LAW
2109 Market Street
CamQ Hill, PA
representative and Trustee shall posses, among others, the following powers exercisable
without court approval:
A. To vary or to retain investments, including the stock of any
corporate Trustee named herein, when deemed desirable by them, and to invest in such bonds, j
stocks, notes, real estate mortgages or securities or in such other property, real or personal as they
6
shall deem wise.
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other purpose, including any final distribution of a Trust, they are authorized to make said
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divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts created hereunder so long as the total market value
of any share is not affected by such allocations. Should it appear desirable to partition any real
estate, they are authorized to make, join in and consummate partitions of lands, voluntarily or
involuntarily, including giving of mutual deeds, recognizances, or other obligations with as wide
powers as can be exercised by an individual owner in fee simple.
C. To sell either at public or private sale and upon such terms and
conditions as they may deem advantageous to a Trust, any or all real or personal estate or interest
therein owned by a Trust severally or in conjunction with other persons, and to consummate said
sale or sales by sufficient deeds or other instruments to the purchasers or purchasers, conveying a
fee simple title, free and clear of all trust and without obligation or liability of the purchaser or
purchasers to see to the application of the purchase money, or to make inquiry into the validity of
said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds,
assignments, options or other writings which may be necessary or desirable in carrying out any of
the powers conferred upon them in this paragraph or elsewhere in the instrument.
D. To mortgage real estate, and to make leases of real estate,
SAIDIS,
SHUFF &
MASLAND
A'ITOR~IE_YS•AT•LAW
Z 109 Market Street
Camp Hill, PA
extending beyond the term of the Trusts hereunder.
E. To borrow money from any party, including my personal
representative and trustee, to pay indebtedness of a Trust and taxes, and to assign and pledge
7
_ __
_ ~I
assets of a Trust therefor. Provided, however, that this paragraph shall not authorize borrowing
from "Trust B".
~,
'~ F. To pay all costs, taxes, expenses and charges in connection with
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!': the administration of a Trust, including a reasonable compensation to agents. If any estate or ~
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!~ inheritance taxes are payable from assets received by Trustee, such taxes shall be paid from the
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!~ assets of "Trust A".
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!~ G. In the discretion of my personal representative or trustee, to unite
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~~ with other owners of similar property in carrying out any plans for the reorganization of any
j~ corporation or company whose securities form a part of a Trust.
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j,; ~~ H. To vote any shares of stock which form a part of a Trust.
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~' ~I I. To assign to and hold in trust an undivided portion of any asset.
W ~ss
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J. To divide any Trust created in this Agreemerrt into two or more
-~~. I
se arate Trusts 1 to se re ate ro ert not sub ect to Penns lvania inheritance tax or 2 so
p () g g P P Y J Y ~ ()
~- that the inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or
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~'y~ one, in order that an election under 2652(Section a)(3) of the Internal Revenue Code may be
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` made with respect to one of the separate Trusts, or (3) for any other reason.
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~j K. To do all other acts in its judgment deemed necessary or desirable
~~
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~, for the proper and advantageous management, investment and distribution of the Trusts.
L. Any corporate fiduciary acting as a personal representative o
`s,
SAIDIS, ti
S H U F F & !i trustee hereunder shall be entitled to compensation based on its regular schedule of fees for such
MASLAND ~~
ATPURNEYS•AT•LAW ? ~ j
~~ services in effect at the time of the service rendered. a
2109 Market Street { ~
Camp Hill, PA
!! M. Should the principal of any Trust herein provided for become too
8
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small, in their discretion, so as to make continuance of the Trust inadvisable, they may make
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SHUFF &
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ATfORNEYS•AT•I.AW
2109 Market Street
Camp Hitl, PA
immediate distribution of the then remaining principal and any accumulated or undistributed
income outright to the person or persons and in the proportions they are then. entitled to income.
Upon such termination the rights of all persons who might otherwise have any interest a~
succeeding income beneficiary or in remainder shall cease. If any person to receive distribution
is a minor or disabled in any way, they may pay the fund to the parent, guardian, or person or
organization taking care of that person, or, with respect to a minor, Trustee may deposit the fund
in a savings fund account in the minor's name payable to the minor at majority.
These authorities shall extend to all property at any time held by my Executor or my
Trustee and shall continue in full force until the actual distribution of all such property, except
as otherwise specifically stated. All powers, authorities, and discretion granted by this will
shall be in addition to those granted by law and shall be exercisable without court authoriza-
tion.
X. Disability: Whenever and as often as any beneficiary hereunder, to whom
payments of income or principal are herein directed to be made, shall be under legal disability,
or in the sole judgment of Trustee, shall otherwise be unable to apply such payments to his
own or her own best interests and advantages, Trustee may make all or any portion of such
payments in any one or more of the following ways:
A. Directly to such beneficiary;
B. To the Legal Guardian or Conservator of such beneficiary;
9
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C. To a relative of such beneficiary, to be expended by such relative for
ii the benefit or such beneficiary; or
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~~ D. By itself expending same for the benefit of said beneficiary. These
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provisions shall not apply to "Trust B".
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XI. Personal Representatives and Trustees: I appoint my son, ROBERT J.
COOK, JR., Executor of this, my Last Will and Testament. Should my said son fail to qualify
or cease to act as such, then I appoint my daughter-in-law, KAREN ENGLANDER COOK,
to act in this capacity.
I appoint my son, ROBERT J. COOK, JR. as Trustee of ;any trusts created
herein. Should my said son fail to qualify or cease to act as such, I appoint my daughter-in-law,
KAREN ENGLANDER COOK, to act in this capacity. None of my personal representatives
shall be required to post bond in this or any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on
this, the ~-`~`~' day of ~~i~;>~; ,~-~~ ~ ~~"~- , 1999.
ARLENE S. COOK
SAIDIS,
SNUFF &
MASLAND
A'1'fORNEYS•ATH.AW
Z 109 Market Street
Camp Hill, PA
(SEAL)
10
SAIDIS,
SNUFF 8z
MASLAND
A7TORI~EYS•A'r~LAW
2109 Market Street
Camp Nill, PA
In our presence the above-named testatrix signed this and declared it to be her will, and now at
her request, in her presence, and in the presence of each other, we sign as witnesses:
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Name
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COMMONWEALTH OF PENNSYLVANIA)
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Address
,ys'~ x ~ L~. r
~" Address
COUNTY OF CUMBERLAND)
SS.
WE, the undersigned, the testatrix and the witnesses, respectively, whose names are s
the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority
testatrix signed and executed the instrument as her Last Will and Testament and that she signed ~
(or willingly directed another to sign for her), and that she executed it as her free will and volui
for the purposes therein expressed, and that each of the witnesses, in the presence and hearin
testatrix signed the will as witnesses and that to the best of their knowledge the testatrix was at t
eighteen years of age or older, of sound mind, and under no constraint or undue influence.
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Testatrix
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Witness
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of
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Subscribed, sworn to and acknowledged before me by the testatrix., and subscribed an ~ s
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to before me by both witnesses, this _~~ day of ~.~ ~~~~~ . ~:")~' __ , 1999.
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SAIDIS, {
SHUFF &
MASLAND t
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2109 Market Street ;~
Camp Hitl, PA fl
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