HomeMy WebLinkAbout10-31-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Ann S. McCormick
a/k/a:
a/k/a:
a/k/a:
10/5/2011 at Camp Hill, Pennsylvania
164-22-0668
Petitioner(s) who is/are l 8 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
~ A. Probate and Grant of Letters Testamentary or pAdministration c.t.a., or d.b.n.c.t.a
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary
the last Will of the above-named Decedent, dated 2114/2001 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):
^ B. Grant of Letters of Administration
Qf applicable, enter d.b.n., pendent life, durante absentia, durante 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 (Tf 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), Cex'cept as follows:-
ddress
to Decedent
tvame _
~~ C~1
. (-T1 C
_n7
_~
USE ADDITIONAL SIIEF..TS IF NF.,CESSARI
L
._,,
-,: T
,..~ ~_ ~,
THIS SECTION MUST BE COMPLETED: "- '
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At 1147 Count Club Road, Cam Hill, PA 17011
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 84 years of age, died
Estimated value of decedent's property at death:
If domiciled in PA
If not domiciled in PA
If not domiciled in PA
Value of Real Estate in Pennsylvania
SS NO:
(complete Part C also)
under
(Month, Day, Year of death) (City and State where death occurred)
All personal property $ 100,000.00
Personal property in Pennsylvania $
Personal property in County $
Total Estimated Value $ 100,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
Signature(s)
Name(s) & Mailing Address(es)
W. Courtland Avenue
Deceased ESTATE NO: 21- (~ " ~ I ~C ~~
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 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 representative(s) of the
Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
b fore me this ~ ~~ day of
~~~~~ ~~ a
For the Register
J ~:,
DECREE OF PROBATE AND GRANT OF LETTERS
~~. ,-~
_ ;~ C~
~., -,
Estate of ~r 1 ') I U `~ ~ 1 ~ ~ ~i~ ,Deceased File Number: 21-~_-_u `-?'
AND NOW, this ~~day of ~C~I,~ '.~C'~ f ~ , in consideration of the Petition on
the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
Testamentary _ of Administration are hereby granted to:
of applicable, enter c.l.a., d.b.n., d.b.n.c.t.a., etc.)
In
the above estate and that instruments(s) dated described in the petttlon be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
~~
Glenda Farner Strasbau /- ~ ; ' '~~-
Register of Wills
FEES:
Letters ....................$ ;~~L, ~~
Will ........................ / ~ [~_
Codicil(s) .................
( j) Short Certificates ~L•
( )Renunciations.......
Bond .............................
Other .............................
.................................
Automation FEE......... 5.00
JCS FEE ................... 23.50
:~
TOTAL ................ $
Signature of Counsel Required to Enter Appearance
Atty's Signature
PRINTED Name: Heather D. Royer, Esq.
Supreme Court ID No.:7s3z7
Address: 4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
Phone: (717) z3a-zaol
Fax: (717) 234-3611
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee 1cm thi` Lertirical~. 5fi.OO
P__176__45468
t~t'i'[III~:[1111~, iVlltTlhef~
I IIIti 1 , tkr 1 ,~i'i11 i,1t ! ~ 1 lit I II',tR~11` I L L' Lilt I "LjN OF p"~\
I,+'~~,~_ .Ff~~ ~. Lu'tc;Ctl~ LU( ic:,l .al it n,l '.IVI r I 'flit l<i€i' 111 l~ t:[I
~'~,' ~ `~~_~ Lxll~~ fit ~i •t'i ) _I, I rL .il K <v l~hc i f l .nrt
~~ ~ a~ L,tific~ll~ ti ~ r tL ~1 .r~;icLl tilt Srrtl_ Vita
~ sari K~~ard> (~{'.. (?rll)n~~nt _
* •- , your=; - *,~ 'l~
4~,• :4~ ~ !~ i
A ~ ~
~ ..
,,,
~~, ~ L
q~fNl D4 l,rrl." --- - -__- - - ~ -l ~~
-=-,ul?i' I_C+~'~L~ ~i~~l-.i,-.- G~.f 3~.1L1r't~
n _ "J.'t
~- O ...,., l._. -r-y
.1J -
':~~r ~ : _i --
~P
~~ .___ -
___ aT
,_ ,
1 `- --- -- '- -'
J~J ~ ~~1
n ~, --r T
P~-~
H1os-14a REV 11/2oos COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
PERMANENiN CERTIFICATE OF DEATH
al ncK INK (See instructions and examples on reverse) STATE FILE NUMBER
0
7. Name d Decedent (Fast, middle, bat, sulfa) 2. Sex 3. Sodel Seamy Number 4. Date of Dutlr (MOnm, ay, year)
S. ~CorWl~c~ -2Z-~~6 1 2011
5. Age (Last Birmtley) lNrtler t ear UMer 1 De 6. Date of &N1 Monet, tla , a 7. BiM C' and sbb or feet 6a. Pbce of Oeam Check m one
V,// Monaa Oays Hours Aenula 1~ Hospdal: Other
/ Yr6. ~ ~ ~ ~ I ~ ~ (~P 5 - U r'r~ ^ Inpatient ^ ER ! Oulpatienl ^ DOA ^ Nursing Home ~ Residence ^ Omer -Specify:
W. Canty of Deam &. City, Boo, Twp. of Deem Bd. Faaliry Name Of rpt irstimtion, give sveat and naroap 9. Was Decedent d HlspaniC Orgn? ~ No ^ Vu 10. Race: American IMian, Black, Whae, etc.
Clmlberland Fast Pennsboro Twp 1147 Country Club Rd. In+leyx~,PUwm ~, em.) (suaa!»
~cl ~I l ~
t t. Decedent's llsual0au Uon Klyd d work done d une most of wo - IAe. Do rM stae reti 12. Was Oeaeenl aver b ere t3. DecedentS EdratiOn (Spedty mty hghest gads canipleted) 14. Martial Sutus: Marred, Never Martietl,
' 15. Surdving Spouse fit woe, 9rve maiden name)
Kindel Wak
--
Nkd of Bust ss/Industry
- U.S. Amud Faces?
Elementary /Secondary (0-12)
Cokege (1d a Br) WNOwed, Dismmatl (Spao
!y)
~
UG ^ vas No LC// W -^
16. Decedents Main Aderess ISIr L cnY /town, sate, zi0 cam) q
// ~ ~ ~ ~ ~ .L_.. ~ 1U L ~~/
z
! O "~~
C Decedent's Did Decedent L ~Q N {~ S O rD
17c ya Yes, Decedent Lived in Twp.
~ T
i
Actual Resitlence 17a. Sbte
0
r
/
/!
am
11 ~~
P
/'
17tl. ^ No, Deceeenl Lived within
J ~ ~ ~ ~
`
/
~r ~,s J~
C,4+'YI /~ y / I LL ~ 70// 17b. County
-
Actual Lurkls of CAy/BOrO
16. Fathers Name rst middle, last, suffix 19. Mdhers Name (Flrsl, mkldle, maiden surname)
~o ~ . ~-- ~ ~~'a r.. N o-- .e r In Q-~n
2De. Informant's Name (Type /Pant) 206. InMrnanCs Mailing Atltlrass (Street. ~qnv /town, sou, zip cOtle) /
~
L w1 V ~ In 4 17aI 1
Gc) U r•t-I a••lnc~ V e- 1 r12 rnn~~ 5
21a. Memge of DLsposition ^ Cremation ^ Deation
~Bural ^ Removalfmn SUU i Wu Crnrulbn or OOnadOn Autlnr'ved
~
^ 2t D. Data of Dispositim (MOnm, ay, year)
/11 ~ n -~/ 27c. Puce d Disposition (Na(melof clem1etery, crematory a eher pace)
~A-~e D1 }-A~Vp,A 21tl. Location (City /town, state, zip cOtla)
~~~I~bL1 ~~ 1/~,D
^
No
t bl Nediesl Examiner/Ceorer! ^ Vaz (// I/ l ' / COY V
~ 22a of F rat Service titan (a person acting such) 220. License Nrrmher 22c. Name and Aehess d Fatigry
( ti12 3zf6- ~G~ r ~
~~-
! (~ (7a1
f -
S~ C' F~
- - z, -1- i
,
)
j
v ti ~er~--
b Harris 23ec aMy when cerOtykg 2?a. To the bas , main acaeretl at me ti b and pbce subd. (Signeere and title) 23b. License Number 23c. Dab - Monti, day, year)
' not available at time d dam to
certiNauseoftleam. ~
~.-
1` ~..'' d'•~l L l 7T~
C)r 17V S yrI'
Items 24-26 must be completed by person 24. Time of Dean 25. Dale Pronax¢etl Deetl (. ~Y• Year)
~ 26. Was Cue Referrt~eftl m Medcal Examiner I Caesar br a Reason Omer man Cremation or DOn3trer?
'
who prmwnms tlud1. 6 9. M. ~~
Lr ( ^ Yes gl
No
(
CAUSE OF DEATH (Sea Insarudione and exempbe) t Apprp'mab nbrval: Part II: Fsbr Dine ' 26. Did Tobacco Use COntnMAe to Deem?
Item 2?. Pan I: Enter me grain of everns - tliseases, irqurbs, a cpmpkcatias -mat drectty wuaetl dre death. DO NOT enter termkral events such az cardaz arazL Onset m Deem but Trot resudkg in th tmdertyin9 cause yven in Pan I. ^ Yes ^ Prohaay
respiratory arrest, a venbkuW fDnaatim wimaA stowing the etiology. tist onty one aura m eacD Iola. ^ No Q~ Urrbrovm
IMIAEDIATE CAUSE ((Final disease a 1 A ~.~ ' ~ f1 (-~e~. ~
F~~Ty aLI,~~~'\'~.~ C"~ ~~Y' `C... `~+~J
cardtion resullnrgmdeatlr) _-~ a r z
~,1, ~'~ ~~"+.~r.,s'\~~' 29 d F
r na
t
ntrm st
a
.
Due m la az a crosequena Og: D
n
w
eq p
Year
^ Pregnant at time of deem
t~aMV Iisl andtiona, g any, b ^
.
~np ro the ease FpW an line a
Erder the UNDERLYING CAUSE Due m (Or as a consepuence oQ: Na Pr ant, ON ant whin 42 des s
~r aegn Y
of tleam
dseaee a irryury gut inAiated the c
( ^
.
e e
Ms resuNng in tleam) LAST.
but pregnam 43 days to t year
N
Due to (w az a cOnae9uarrce al:
tl Demre tleam
^ tJnkrrovm A pregwm wbhkr tDe past year
.
30a. Was an Autopsy 30h. Were ANapsy Ferengs aurer d Death
31
M 32a. Date of Injury (Mato, tley, Year) 32b. Describe How Iryury Ocartetl 32c Plea of Injury: Henn. Farm, Street, Factory,
l)Itia ~^~
ak. lYI
PMamed? Available Priw to Compbtion
of Cause of Deem? ~
~/
L~ Natural ^ Hornicitle •
r-y ^ Actitlent ^ PerrMg Investigation 32tl. Torre of Injury 32e. Irqury at WOrK! 32f If Transportation Injury (Spepy) 32g. Laation d'mjury (Street, cM / mwn, sate)
^ Ve5 If CJ Na ^ yes ^ No ^ Ves ^ No ^ ~rl Operate ^ Pasaerger ^ PetleaNan
^ Suicide ^ Could Not be Debrmxred M. ^ Otlar - SpecM:
33a. Cemfur (Greek Only are) 33h. Signature T' a CerMbr
Cerdlyln9 phyaicbn (Physican artiryimg ease a deem when anothar physkren has pmnourratl death and cenpbtatl hem 23)
____
red duo tothe ceuaefa
Med
N
and man
f
k
ke
d ,
_____________________________
ge,
ee
Oaur
)
rw esa
my
now
TO the beet o 33c. Licerwe Number 33e. Dab Sigwd (Monet. day, year)
• Promrarltg end adNylrg physlcbn (Physician botlr prerourrnrg death antl certilykrg m ease of tleam)
To the hest of my lorowktlge, death Departed at tM tlme, dale, atM ghee, ant tlue to tie ceuae(a) and manner u eteted_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ,~j~ '1 a ~ ~ l [ t ~
44 1 'S 4 I a f ,~ 2Q~
• Metlkal Examinexam toner
On the buts d Inatbn end / a investigation, in my opinbn, deaN oceurtetl al the tlme, data, end Oboe, and drw t0 the oase(s) arM manner as sbteat ^ 34. d Address d Pas/0p\Wn0 Coin/~te~d Cause 01 Deem pram 27f Type /Print
~~
Rp~ ~+~~ , 7
~ 3~ tf : ~c~'S s'X,<t_z ~~' I I rA I i I ~ I %. Date Fled (MOnm, day, 1
~•f~" r~ 7 '~~i l _ /~ • '••~ C•'s
~L L i IL'..~L=VI.f~ ~L~, l ~~l.l, ~t~ l ~Ci t
DisPOSiDOn Permit No.
LAW OFFICES
BEGLEY,BEGLEYdFENDRICK.PC.
A PROFESSIONAL CORPOR ATICN
ATTORNEY AT LAW
BLASON III OFFICE PARK
soe S. LENOLA ROAD
P. O. BOX ez~
MOORESTOWN. N. J. oeos~
LAST WILL OF
ANN S. McCORMICK
,-1
~~
1
i..~ _. _ i ~_
-
._.
i
SECTION 1. IDENTIFICATION
1.1. SPOUSE
1.2. CHILDREN
SECTION 2. FUNERAL AND ADMINISTRATION EXPENSES
2.1. PAYMENT
2.2. INDEMNITY
2.3. CLAIMS
2.4. TRANSPORTATION EXPENSES
LAW OFFICES
BEGLEY.BEGLEY6FENDRICK.PC.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
BLASON III OFFICE PARK
509 5. LENOLA ROAD
P. O. BOX ez~
MOORESTO WN. N.J. oeos~
SECTION 3. DISPOSITIVE PROVISIONS
3.1. TANGIBLE PERSONAL PROPERTY
3.2. RESIDUARY DISPOSITIONS
3.3. AGE REQUIREMENT
SECTION 4. FIDUCIARY PROVISIONS
4.1. APPOINTMENT OF FIDUCIARY
4.2. RESIGNATION OF TRUSTEE
4.3. COMPENSATION OF FIDUCIARY
4.4. POWERS OF FIDUCIARY
4.5. ANCILLARY FIDUCIARY
SECTION 5 . TAX AND ADMINISTRATIVE PROVI
5.1. SIONS
DEATH TAX CLAUSE
5.2. INCOME AND GIFT TAX CLAUSE
5.3. PROTECTIVE PROVISION
5.4. NON-ACCRUAL OF INCOME
5.5. OPTIONAL TERMINATION OF TRUST
5.6. DISABILITY PROVISION
5.7. RULE AGAINST PERPETUITIES
5.8. ACCOUNTINGS
5.9. DEFINITIONS
5.10. APPLICABLE STATE LAW
1
2
4
8
I, ANN S. MCCORMICK, a resident of 1147 Country Club Road, Camp Hill,
Pennsylvania 17011, do make, publish and declare this, my LAST WILL AND TESTAMENT,
hereby revoking all Wills and Codicils heretofore made by me.
SECTION 1. IDENTIFICATION
1.1. SPOUSE - My spouse's name is A.J. McCORMICK. All references
in this Will to my "spouse" are to said spouse.
1.2. CHILDREN - I have four (4) children, PATRICIA McCORMICK
in this Will to my "children" are to said named children.
CHRISTINE RILEY, KATHLEEN McCORMICK and DENEEN McCORMICK. All references,
SECTION 2. FUNERAL AND ADMINISTRATION EXPENSES
2.1 • PAI___ MENT -The expenses of my last illness and funeral, including
a suitable marker for my grave; legally enforceable claims against me or my estate; and all
expenses relating to the administration of my estate shall be paid out of my residuary estate.
2.2. INDEMNITY - My Executor shall be indemnified from the estate
LAW OFFICES
BEGLEY. BEGLEY6FENDRICK.PC,
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
BLASON III OFFICE PARK
Sog S. LENOLA ROAD
P. O. BOX B2]
MOORESTO WN, N. J. oeo=_a
for any damages sustained by my Executor as a result of exercising, in good faith, the authorit
Y
granted to my Executor under this Section.
2.3. CL_ -The payments authorized under this Section are
Iiscretionary, and no claims or right to payment by third parties may be enforced against my Will
ry virtue of such discretionary authority.
II 2.4. TRANSPORTATION EXPENSES - My Executor shall have the sole
authority and discretion to assess the cost and expense for the transportation and delivery of any
1
asset directly to the beneficiary or beneficiaries receiving such asset. The decision of my Executor
with regard to this matter shall be final and binding on all beneficiaries.
SECTION 3. DISPOSITIVE PROVISIONS
3.1. TANGIBLE PERSONAL PROPERTY -
3.1.1. Separate Memorand»m_ - If my spouse fails to survive
me by a period of thirty (30) days, I give certain tangible, non-business, personal property in
accordance with a written statement or list, in my handwriting or signed by me, which describes
the items and the devisees with reasor_able certainty. Any memorandum written, dated and signed
by me disposing of my personal tangible personal property shall be incorporated by reference into
this Will. If I leave multiple written memoranda which conflict, the last dated memoranda shall
control.
3.1.2. Remaining Tangible Personal Pro erty -To the extent
that tangible personal property has not been disposed of under previous subsections, I give such
remaining tangible, non-business, personal property, together with all insurance on such property,
to my surviving children in substantial equal shares.
3.1.3. Costs -All costs of safekeeping, insuring, and
shipping shall be deemed to be a general estate administration expense.
3.2. RESII)liARY llISPOSI TIONS -
LAW OFFICES
BEGLEY, BEGLEYSFENDRICK.PC.
A PROFESSIONAL CORPORA*ION
ATTORNEY AT LAW
BLASON III OFFICE PARK
sog S. LENOLA ROAD
P o Box ez~
MOORESTO WN. N.J. oeos~
3.2.1. Souse - I give, devise, and bequeath to my spouse
he minimum amount necessary to satisfy his elective` e J shareG provided my spouse meets the
onditions set forth in the statute giving rise to his right to exercise his elective share and provided
e is living six (6) months from the date of the appointment of the Executor of my Estate.
2
3.2.2• Children - I give, devise, and bequeath the entire
residue of my estate to be divided equally among my children. If a child fails to survive me, that
child's share shall be distributed to that child's descendants on a per stirpes basis. If a child of
mine fails to survive me and has no then-living descendants, that child's share shall be distributed
to my surviving descendants on a per stirpes basis, or in default of such descendants, to the
persons who would be entitled to inherit from me under the Intestate Laws of the Commonwealth
of Pennsylvania (20 Pa. C.S.A. §2101 et seq.).
3.3. AGE REQUIREMENT -If an erson less than thirt 30
Y p Y ( )years of
age ("Beneficiary ") is entitled to receive an inheritance under this Will, my Executor shall pay
such inheritance to my Trustee, hereinafter named, or, if no Trustee is named, to the surviving
parent of such person as Trustee, to be administered as follows:
3.3.1. Income - My Trustee shall pay to or for the benefit
of my said Beneficiary all of the net income in quarterly or other convenient installments; and
3.3.2. Pn~ - My Trustee may, in my Trustee's sole and
LAW OFFICES
BEGLEY, BEGLEY6fEN~RICK,PC,
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
BLASON III OFFICE PARK
soe S. LENOLA BOAC
P. O. BOX a2~
MOORESTOWN, N. J. oecs~
absolute discretion, distribute as much of the principal of my said Beneficiary's share, as my
Trustee may deem proper for my said Beneficiary's health, maintenance, support, and education.
My Trustee may use principal to assist my said Beneficiary in buying a home or starting a
Business; and
3.3.3. Withdrawal Rights - My said Beneficiary shall have
he right to withdraw principal from his or her trust upon attaining the age of thirty (30) years.
3.3.4. Pred= _ If my said Beneficiary dies before the
entire principal of such trust has been withdrawn, the entire principal shall be distributed by my
3
Trustee to my said Beneficiary's then-living descendants on a per stirpes basis; or, in default of
such descendants, to my living descendants on a per stirpes basis (the share thus accruing to any
descendant of mine for whom, at that time, my Trustee holds a separate trust hereunder shall be
added to such trust and thereafter held as though originally forming a part hereof); or, in default
of such descendants, to the persons who would be entitled to inherit from me under the Intestate
Laws of the Commonwealth of Pennsylvania (20 Pa. C.S.A. §2101 et seq.).
SECTION 4. FIDUCIARY PROVISIONS
4.1. APPOINTMENT OF FIDUCIARY - I appoint DFNEEN
McCORMICK as Executor of my Will and as Trustee of any Trust under my Will. If DENEEN
McCORMICK fails to qualify or ceases to serve for any reason, then I appoint KATHLEEN
McCORMICK as Successor Executor and Successor Trustee. My Executors and Trustees shall
not be required to give bond or furnish sureties in any jurisdiction.
4.2. RESIGNATION OF TRUSTEE -
4.2.1. Right of Trustee to Resign - My Trustee and any
Successor Trustee shall have the right to resign, by duly acknowledged written instrument
delivered to the remaining Trustee or, if there is no remaining Trustee then serving, to the adult
income beneficiaries and the adults who would be entitled to share in the principal of the trust if
it were then to terminate.
4.2.2• Power of Successor Trustee -Any Successor Trustee
LAW OFFICES
BEGLEY, BEGLEYSFENDRICK.PC.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
BLASON III OFFICE PARK
509 S. LENOLA ROAD
P. O. BOX ez~
MOORESTOWN. N.J. oeos~
shall have the rights, powers, privileges, discretions, and duties conferred upon or vested in my
Trustee by the provisions of this Agreement.
4
4.2.3. Nomination of Successor Trustee - If a vacancy occurs
Successor Trustee.
in the office of Trustee, then the Trustee or Co-Trustees, at that time, may appoint a Successor
Trustee or Co-Trustee that is not related or subordinate to any beneficiary or beneficiaries. Such
appointment shall be made in a written instrument that shall be delivered to my beneficiary or
beneficiaries. In the default of such appointment, the law firm of Begley, Begley & Fendrick,
P. C. , or any successor law firm, shall have the right, power, and authority to designate a
4.3. COMPENSATION OF FIDUCIARY - My individual Executor and
Trustee shall be entitled to receive reasonable compensation for services rendered and to
reimbursement for all reasonable expenses.
4.4. POWERS OF FIDUCIARY - In addition to the powers herein
provided and those given by law, my Fiduciary, without any order of the Court and in my
Fiduciary's sole and absolute discretion, may:
4.4.1. Make Investments -Retain any property and invest
LAW OFFICES
BEGLEY. BEGLEY6FENDRICK,P.C.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
REASON III OFFICE PARK
509 5. LENOLA ROAD
P. O. BOX az~
MOORESTOWN. N. J. oeos~
and reinvest in any property, including by way of illustration, and not by way of limitation,
common stocks up to 100 percent of my estate, any common or diversified trust funds, maintained
~y any financial institution or association, and any form of life insurance, annuity, or endowment
policies. In so doing, my Fiduciary may act without restriction to so-called legal investments and
vithout responsibility for diversification.
4.4.2. Purchase Investments -Purchase investments at
and charge premiums to income or principal, or partly to each.
5
4.4.3. Stocks and Bonds -Subscribe for stocks, bonds, or
other investments; exercise any stock option or similar right; join in any plan of lease, mortgage,
merger, consolidation, reorganization, foreclosure, or voting trust, and deposit securities
thereunder; and generally exercise all the rights of security holders of any corporation.
4.4.4. Re~is~ try _ Register securities in the name of his
or her nominee or hold them unregistered so that title may pass by delivery.
4.4.5. Voting -Vote, in person or by proxy, securities held
by my Fiduciary and, in such connection, delegate discretionary powers.
4.4.6. Repair -Repair, alter, improve, or lease, for any
period of time, any property, and give options for leases.
4.4.7. Sell -Sell property at public or private sale, for cash
or credit and with or without security, exchange or partition property, and give options for sales
or exchanges.
4.4.8. Rea_ _ Sell any real estate, at public or private
sale, upon such terms as my Fiduciary shall deem appropriate.
4.4.9. Borrow -Borrow money from any person, including
any Fiduciary, and mortgage or pledge any property.
4.4.1x. Compromise -Compromise claims including any
LAW OFFICES
BEGLEY, BEGLEY6FENDRICK,PC.
A PROFESSIONAL CORPOR AVON
ATTORNEY AT LAW
BLASON III OFFICE PARK
soe S. LENOLA ROAD
P. O. BOX ee~
MOORESTOWN. N. J. oecs~
luestions relating to any policy of life insurance. However, my Fiduciary need not institute
itigation to collect any policy unless my Fiduciary is reasonably indemnified for costs, counsel
i tees, and other expenses of such litigation.
6
4.4.11. Distributions -Make distribution of both income or
principal in cash or in kind, or partly in each.
4.4.12. Emnlovment of A ents -Employ such agents as my
Fiduciary may deem advisable in the administration of my estate or any trust pre-owned hereunder
and pay them such compensation, if my Fiduciary may deem proper, out of income or principal
or out of both.
4.4.13. Mutual Funds -Invest in mutual funds.
4.4.14. Trust Additions -Add to the principal of any trust
created hereunder any property received from any person by Deed, Will, or in any other manner,
provided such property is acceptable to my Trustee.
4.4.15. Post-Termination -Exercise all power, authority, and
discretion given by this trust, after termination of any trust created herein, until the same is fully
distributed.
4.4.16. Limitations -Notwithstanding any of the powers
conferred upon my Fiduciary, no individual, acting as Fiduciary hereunder, shall exercise or join
in the exercise of discretionary powers over income, principal, or termination of any Trust (1) for
his or her own benefit or (2) to discharge his or her legal obligation to support any Beneficiary.
4.5. ANCILLARY FIDUCIARY - If ancillary administration shall be
LAW OFFICES
BEGLEY. BEGLEYSFENORICK,P.C.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
BLASON III OFFICE PARK
soe 5. LENOLA ROAD
P. O. BOX aZ,
MOORESTOWN, N.J o805~
required or desired and my domiciliary Executor is unable or unwilling to act as an ancillary
fiduciary, my domiciliary Executor shall have the power to designate, compensate, and remove
the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation.
My domiciliary Executor may delegate to such ancillary fiduciary such powers granted to my
7
original Executor as my Executor may deem proper, including the ri ht t
surety on bond. The net proceeds of the ancillary estate g ° serve without bond or
shall be paid over to the domiciliary
Executor.
SECTION 5. TAX AND ADMINISTRATIVE PROVISIONS
5.1. DEATH TAX CLAUSE -All estate, inheritance, and other dea
i taxes, including any interest and penalties with respect to those taxes not c th
'' aused b
~ delay, payable to any federal, state, or foreign taxing authorit i Y negligent
I m
Y posed with respect to all
property comprising my gross estate, whether or not such property passes unde
be paid out of the principal of my residuar r this Will, shall
y estate.
5.2. INCOME AND GIFT TAX CLAUSE - My Executor may join with
my spouse, or the personal representative of my spouse or spouse's estate, in a 'oint
return coverin an p Y J income tax
g y period of time rior tom death or in a gift tax return for gifts made b m
spouse prior to my death and, in connection therewith, to determine what taxe y y
penalties are proper and to pay same, even s, interest, and j
though not attributable m whole or in part to income ~
or gifts from my property, not requiring my spouse or the personal representativ
or spouse's estate to indemni m e of my spouse
fY y estate against liability to it for tax attributable to my spouse.
5.3. PROTECTIVE PROVISION -All principal and income shall, until
actual distribution to the beneficiary, be free of debts, contracts, alienation, and ant'
any beneficiary, and the same shall not be liable to any lev atta icipations of
LAW OFFICES Y chInent, execution, or ~
EGLEY,BEGLEY6FENDRICK.PC sequestration Wlllle 1n the
possession of my Executor or Trustee.
A PROFESSIONAL CORPORATION
A770RNEY AT LAW
~LASON III OFFICE PARK 5.4'• NON-ACCRUAL OF INCOME
soe S. LENOLA ROAD
- All income not actually paid to
P. O. BOX B2~
a beneficiary before termination of his or her interest shall be treated as thou hit
°ORESTOW" "~ 0a°5, g had accrued and
8
become payable thereafter; and no credit or accrual shall be made for tax
charges theretofore made against income. Income shall not eS' commissions, or other
be appo~ioned between successive
beneficiaries.
5.5. OPTIONAL TERMINATION OF TRUST -
other provisions hereof, rn Notwithstanding any
Y Trustee may, in my Trustee's sole discretion and at any time,
terminate any or all of the trust shares under this Trust, if the amount thereof do
cost of continuing said trust or if its administration would be other es not warrant the
wise impractical. Upon such
~ termination, my Trustee shall pay the principal and an ac
Y cumulated or undistributed income of
such trust share to the person or persons entitled at th
at time to the income therefrom in the
proportions to which they were then entitled to receive the income, and, upon such
the rights of all other persons who might otherwise have an interest termination,
in remainder shall cease. If any such person be then a as succeeding life tenants or
minor, or, in the opinion of my Trustee,
mentally or physically incapacitated, my Trustee may pay the share of such fund
person would otherwise be entitled to the parent or guardian or the tO Which such ~
estate or person of such income
Beneficiary or to the person caring for such beneficiary. In the case of a minor
leposit such fund in a savings account in a savings institution ~ my Trustee may
of my Trustee's choosing for the
enefit of such minor.
5.6. DISABILITY PROVISION -Unless otherwise provided for herein
any income or principal payable to any beneficiary, other than my spouse, who i
LAW OFFICES n the opinion of
~EGLEY,BEGLEY6FENDRICK.BC. mY Trustee, is mentally or physically disabled, shall be '
APR°FE551°"Al ~ORpORATION held in a separate trust b
AT7ORNEV AT LAW during such disability, unless the trust share is sooner terminated a Y my Trustee
BLASON ICI OFFICE PARK
5O9 S LE"OLA ROAD s otherwise provided herein.
P_ O. BOX 62~
Income may be accumulated, and income and
OORE57OWN N ~ Oeos, principal may be expended for the health,
9
maintenance, support, and education of such beneficiary as m T
absolute discretion, ma Y rustee, in my Trustee's sole and
y determine. My Trustee may apply the same directly witho
intervention of a guardian or a ut the
P y the same to any person having the care or control of said
beneficiary or with whom the beneficiary resides without dut
supervise or inquire into the application of such funds. Y °n the part of my Trustee to
~ The balance of such income and principal
I~ shall be paid to such beneficiary when the disabilit ce
Y ases or to such beneficiary's estate in the ~
event of death prior thereto.
a
0
(.
al
LAW OFFICES
GLEYBEGLEY6FENDRICK,PC, u~
. PROFESSIONAL CORPORATION
AT70RN
5 • ~• RULE AGAINST PERPETUITIES - If any trust hereunder is s'
in a jurisdiction which has a Rule Against PeiPetuities, then notwiths )fused
the contrary, no Trust hereunder shall extend be and tw tanding anything herein to
Y enty-one (21) years after the death of the
last survivor of myself and my descendants living at the date of m deat
Y h. At the expiration of
that period, my Trustee shall distribute the remaining portion of an
Trustee's hands to the beneficiaries entitled to the in Y Trust property in my
come at that time.
5.8. ACCOUNTINGS -
i
5.8.1 • Estate Accountin
- My Executor shall render an
ccount of the administration of my estate to the beneficiaries of my estate u on t
f such administration, or if such administration shall continue p he conclusion
for a period of longer than eighteen
8) months after my death, then upon the request of any of the beneficiarie
Iproval of the accounting by the adult beneficiaries of m s of my estate. The
y estate shall be conclusively binding
on all of my beneficiaries. The adult beneficiaries shall be conclusive)
EY A7 LAW
approved each such account unless he Y presumed to have
LASON III OFFICE PARK ,she, or they file written exceptions thereto with rn
soe 5. LENOLA ROAD
R O BOX e2~ Executor within thirty (30 da s Y
~ORESTOWN. N_J. oeos~
y after the receipt of each account. Nothing herein shall limit the
10
n~
LAW OFFICES
BEGLEY, BEGLEY6FENDRICK,P.C.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW C
BLASON III OFFICE PARK
sog S. LENOLA ROAD
P. O. BOX a2~
MOORESTOWN. N. J. oeos~
right of my Executor to file an accounting in a court of competent jurisdiction at the appropriate
times. The records of the Trust shall be opened at all reasonable times to the inspection of the
beneficiaries of the Trust and their appointed representatives.
S • 8.2 • Trustee's Accountin s - My Trustee shall render an
account of the administration of the trust to the then-living adult income beneficiaries and adult
remainderman upon request by any adult income beneficiary or adult remainderman, and the
approval thereof by the living adult beneficiaries and livi
ng adult remainderman shall be
conclusively binding upon all parties in interest under this Agreement. The aforementioned adult
beneficiaries or adult remainderman, as the case may be, shall be conclusively presumed to have
approved each such account unless he, she, or they file written exceptions thereto with my Trustee I
within thirty (30) days after the receipt of each account. Nothing herein shall limit the right of m
YI
Trustee to file an accounting in a court of competent jurisdiction at appropriate times.
5.9. DEFINITIONS -
5.9.1. Per Stirpes Distributions - Unless otherwise
specifically provided, all distributions are to be made to a person's descendants, per stirpes.
The distributable assets are to be divided into as many shares as there are then-living
children of such deceased person and deceased children of such deceased person who left then-
.wing descendants. Each then-living child shall receive one (1) share and the share of each
ieceased child shall be divided among such child's then-living descendants in the same manner.
5.9.2. Desc_ts _ The descendants of a person means all
f that person's lineal descendants of all generations. The relationship of parent and child at each
11
generation shall be determined by the definition of parent and child contained under Pennsylvania
law as of the date of my death.
A descendant in gestation who is later born alive shall be considered a descendant in being
throughout the period of gestation.
An adopted person, and all persons who are the descendants by blood or by legal adoption,
shall be considered descendants of the adopting parent as well as descendants of the adopting
parent's ancestors.
5.9.3. Disability - A beneficiary under this Will is disabled
or under a disability when he or she is under the age of eighteen (18) years and not emancipated;
or, if in the judgment of my fiduciary, the beneficiary is unable to manage his or her property and
affairs for reasons such as mental illness, mental deficiency, physical illness or disability, chronic
use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance.
If any court of competent jurisdiction has declared a beneficiary to be disabled or under a
disability, my fiduciary shall be bound by that determination as long as that determination is in
effect.
5.9.4. Education - As used in this Will, "education" shall
include:
5.9.4.1. C'olle~e -Any course of study or instruction
LAW OFFICES
BEGLEY. BEGLEY6FENDRICK,PC.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
REASON III OFFICE PARK
soe S. LENOLA ROAD
P. O. BOX ee~
MOORESTOWN, N. J. oeo5~
at an accredited college or university granting undergraduate or graduate degrees.
5.9.4.2. Vocational -Any course of study or instruction
~t any institution for specialized, vocational, or professional training.
12
5.9.4.3. General -Any curriculum offered by any
agency or program.
institution that is recognized for purposes of receiving financial assistance from any state or federal
5.9.4.4. Course of Studv -Any course of study or
beneficiary's abilities and interests.
instruction which may be useful in preparing a beneficiary for any vocation consistent with rhP
5.9.4.5. Tvnes of Distributions -Distributions for
education may include tuition fees, books, supplies, living expenses, travel, and spending move
Y
to the extent such education expenses are reasonable.
5.9.5. Fid_ uciar_v _For purposes of this Will, the term
LAW OFFICES
BEGLEY, BEGLEY6FENDRICK.PC.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
BLASON III OFFICE PARK
So9 S. LENOLA ROAD
P. O. BOX ez~
MOORESTO WN. N. J. oeos~
5.10. APPLICABLE STATE LAW -The validity of this Will shall be
by reference to the laws of the Commonwealth of Pennsylvania.
13
"Fiduciary" shall include an Executor, Executrix, Administrator, Personal Representative,
Guardian, Custodian, Conservator, Trustee or any other form of fiduciary.
Trustee. It shall also refer to any individual, corporation or other entity acting as a replacement,
substitute, or added Executor and Trustee. Such reference shall include the masculine, the
Femmme and the neuter.
As used throughout this Will, the term "Executor, " "Trustee" and "Fiduciary" shall refer
to the original Executor and Trustee as well as any single, additional or successor Executor and
5.9.6. Other Definitions -Except as otherwise provided in
his Will, terms shall be as defined in the Decedents, Estates and Fiduciaries Act (20 Pa. C.S.A.
101 et seq.) as amended after the date of this Will and after my death.
Any question with regard to the construction and administration of the various trusts
contained in this Will shall be determined by reference to the laws of the state in which the trust
is then currently being administered.
IN WITNESS WHEREOF I subscribe my name this 14th day of February, 2001.
ANN S. McCORMICK
The foregoing instrument was signed, published and declared by ANN S. McCORMICK,
the Testatrix, to be the Testatrix's Last Will and Testament in the presence of each of us, present
at the same time, and we, at the Testatrix's request and in the Testatrix's presence, and in the
presence of each other have hereunto subscribed our names as witnesses this 14th day of February,
2001.
.~-= / ~~
J
LAW OFFICES
BEGLEY BEGLEY6FENDRICK,PC.
A PROFESSIONAL CORPORA710N
ATTORNEY AT LAW
BLASON III OFFICE PARK
soe S. LENOLA ROAD
P. O. BOX ez~
MOORESTOWN. N. J. oeos~
14
WE, the Testatrix and David T. Shaffer and Jill Morrow
the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as her Last Will and Testament and that she signed willingly and that she
executed it as her free and voluntary act for the purposes therein expressed, and that each of the
witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the
best of the witnesses' knowledge the Testatrix was at the time eighteen years of age or older, of
sound mind, and under no constraint or undue influence.
r~ ~ ,,
ANN S. McCORMICK, Testatrix
c^-~-
VJirness ~ ~ ~r
~~- ~~1.~~'tc_..- `
c~--l; ~,
Wi
LAW OFFICES
BEGLEY, BEGLEY6FENDRICK.PC.
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
BLASON III OFFICE PARK
soe S. LENOLA ROAD
P. O. BOX az~
MOORESTOWN. N. J. oeos~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND : ss.
Subscribed, sworn to and acknowledged before me by ANN S. McCORMICK, the
Testatrix, and subscribed and sworn to before me by David T. Shaffer and Jill Morrow
February, 2001. ,the witnesses, this 14th day of
fi ~
__ _ s,-.
~~
SHARON L KUTCHER
Jommo ~~nnsylvania
Commission ~ Deeds
1`