HomeMy WebLinkAbout01-05-12~ rcesei
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name: SANDRA B. ARNOLDI
a/k/a:
a/k/a:
a/k/a:
Date of Death: December 19, 2011
File No: ~ ~ -' ~ ~ ~ ~~ ~~
(Assigned by Register)
Social Security No: 172-32-2428
Age at death: 70
Decedent was domiciled at death in Cumberland County, pe n5,ylvania (crate) with his/her last
principal residence at 1035 Chelmsford Drive Mechanicsbure, Hampden Twn., Cumberland County, PA 17050
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 1035 Chelmsford Drive, Mechanicsburg, Hampden Twp., Cumberland County, PA 17050
Street address, Post Office and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ............................ All personal property $ 250,000.00
If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania ... . ....................Personal property in County $
Value of real estate in Pennsylvania ......................................................... $
TOTAL ESTIMATED VALUE.... $ 250.000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated May 25, 1995 and Codicil(s)
thereto dated
State relevant circumstances (e.g. renunciation, death of executor, etc.)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
® NO EXCEPTIONS ~ EXCEPTIONS
B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendente life, durante absentia, durante minoritate
If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ~ EXCEPTIONS
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 (attach
additional sheets, if necessary):
Name Relationshi Address ,.
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Form R~ oz rey. ioilriaot! Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland
Official Use Only
_ ~ ~ ,~
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Petitioner(s) Printed Name Petitioner(s) Printed Addr s
Thomas V. Arnoldi _ ,, ,;-
1035 Chelmsford Drive Mechanicsbur PA 1 l-~~1~~'~~ '`;~~`' 4
The Petitioner(s) above-named sv/ear(s) or afFirm(s) 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,~he Petitioner(s). will will and trul~ administer the estate according to law.
Sworn to o>~~ffirmed and subscribed before /~~ ~»~ _- /~ ~~' ~ ~~" ~~~ ~'
Date / ~ / 2-
me this L/ day of . , ~ Date
By: Date
For the Register Date
BOND Required: ®YES ~ NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters ...................... $ , ~~~ . CEO
( 5 )Short Certificate(s)...... aG OCR
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ................. .
Other .......
Automation Fee ...............
JCS Fee ..................... Q
TOTAL ...................... $
Attorney Signature:
Printed Name: David M. Watts, Jr.
Supreme Court
ID Number: 42232
Firm Name
Address:
Phone:
Fax:
Email:
McNees Wallace & Nurick LLC
100 Pine Street
PQ Rix 11 F6
Harrisburg, PA 17108-1166
717-237-5344
717-260-1754
dwatts mwn.cnm
DECREE OF THE REGISTER
Estate of SANDRA B. ARNOLDI File No: ~ ( - ~ ~ (j ~ I p
a/k/a:
AND NOW, ~~C.~~ Z~;C~,(~ i ~~ ~ ~ , _;~~ ;~ , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Thomas V. Arnoldi
in the above estate and (if applicable) that
the instrument(s) dated May 25, 1995
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
~-~ .~ 1 = Ceti`(., C;~~~ C ~. L C 'ti
Register of Wills ~~ ,y ~~-C ~~ t-~~ l.S~ ~ 1 ~~.~> .
Form RW-01 rev. 10/11/2011 Page 2 of 2
HIQS.gp'; RP.V rnt/rn,
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00 `
P 17927517
Certification Number
143 REV 111Xp8
PE f PRINT IN
ERMANENi
BIACK INK
This is to certify that the information here given is
correctly copied fmm an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vita]
Records Offiee for permanent filing. p
~~ j`~~' ~ lE~
Local Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
i. Name d Decedent (Rrst middle, last, suNh) 2. Sex 3. Social Seaxgy Number 4. Date of Death (Monts. day, year)
~~ r•" H~ O ~ t Female 172 - 32 - 2428 December 19, 2011
5. Age (Lest BiMdey) IAker 1 Un tler 1 8. Dab d Bits Modh, r 7. & lace C eM state a coon M. Phw d Death Check m one
Moneu Deya Vlaure t4ksaes - Hospital: Other,
70 y,~. January 16, 1941 Carlisle, PA ^Inpeienl ^ER/putpetbrd ^DOA ^Nursing Home ®Residexe ^ONrer Spedly
Bb. CWnry d Daeth Be. City, Bono, Twp. of Dam Bd FacWyy here (h nd irsriaAOn, gNe skeet ant number) 9. Was Decedent d Hispanic Origin? ®yp ^ Yes 10. Race: American Indian, Blerk, WhNe, etc.
Cumberland Hampden Twp. 1035 Chelmsford Drive MNexanCR~Man,eb.) ( White
• 11. Decede8s pawl Kirk d work d one mrol d Be. Do nd elate 12. Was Oacederd aver h Nta 13. Decadenl's Edxredon (Seedy aAy hlpieet grade canp blM) 14. Marital Sbtue: Monied, Never Marred, i5. Surv'Nkg Spo use (8 wNe, gwa maiden name)
Kind d Wak Kkk d Bpi InAmtry U.S. Anrad Fumes? Elemedery /Secondary (412) College (id or St) Wkowed, Divorced (Specify)
Elementar Teacher Education ^ra ®NO 12 6 Married Thomas V. Arnoldi
ill. DacadetYS MaNMg Address (Street, dryltown, slate, zip code)
1035 Chelmsford Drive Des Penn Sylvania LDlvka k,D~dBOt t7c.®Yea, Deceden, LNed in Hampden 7wp.
AAwI ReeMerke ,Ta. ebb
Mechanicsburg, PA 17050 Cumberland T°"°'°"~? 17d. ^ No, Decedent Wed wNMn
'T" c0U"'l' AcNal LimNS at CirylBoro
18. Fa1Mfa Name {Fuel, middle, lest, srMa) 18. Mdher's Nerre (Rrsl, midde, maiden sunNrre)
Mario Bartoli Catherine L. Giancoli
20a. kNOrmenlb Name (type I Print) 20b. Idormant's Maitirlg Address (Street. dry / tavn, stab, zip code)
Thomas V. Arnoldi 1035 Chelmsford Drive, Mechanicsburg, PA 17050
21e. Malted d Disposdkn r ®Cremetion ^ Dowlhn 21b. Doh d DnpoaPom (Moreh, my, year) 21c. Place d Disposkien (Name d cemetery, crematory a oNrer place) 21d. Location (cayl town, slate, i~p oode)
^ eudef ^ Removal lmn Stele ~ Wa CremNbrr a Donation Autltorlad.
^ tDno<- rbyM.ap.lExrnharrCaawr? vas^rh
December 20, 2011
Evans Crematory
Schaefferstown, PA 17088
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Lberee Hunter 22c Name eM Address of FecaNy
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~ Mme 2428 mwt M conphbd by person 21. Tma d Daam / . Date P ( , doy, Year) 28. Was Case R e h Medical Examiner /Coroner fa a Reason Olhar than DremaBOn a Donation?
who Proriouaes dam ,•~S ~. ' ~ ^ Yes No
CAUSE OF DEATH (See Insfructlont end exam ba) r APDmximele interval: Part II: Emer deer timifiram conditlorc mmribding ro aea_m 28. Did Tdraob Use Comnbde la DeaM?
Item 27. Part I: Emer the ffim d rwenls-diseases, Injuries, a corrgtice8ms - and direly reused the dam. DO IqT enter bmlkrel events such as cardiac enest. Onset b Death
r but not resutling in the undenying cause given M Part I. ^ Yes ^ Pmbabry
respirelory ermsl, a vemricubr ybdNation wkhod stpv4rxL the atlokgy. Lel ody ore cause an each 8no.
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30e. Wa an Auhpay 30b. Were Autopsy FxNirige 31. Merxter d Death 32a. Oats d mWrY (Moron, deY, Yar) 32b. Describe View mlury Ocwrretl 32c. Phce of Injury: Mane, Fenn, Slreat, Fadnry,
PedamM? Avaaebh Pda k Conpbtlon
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s ^ No ^ Acddent ^ Pendng Inveatlpetbn ~~ Time d Inury 32e. Inury et Work? 321. If Trensportellon Iryury (SpecilyJ 32g. Locaton d injury (Street city! town, sure)
e ^ Suipda ^ Cook Not M Deoemwwd ^ Yes ^ No ^ Driver/Opereta ^ Passenger ^ Pedestrian
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DisposiHm Pandt No. _~~ I [ JT 3
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WILL ~._~
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OF -;
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SANDRA B . ARNOLDI -Y `~
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I, SANDRA B. ARNOLDI, currently of Mechanicsburg,
Pennsylvania, declare this to be my will and hereby revpk~ all'~~
prior wills and codicils made by me. ~-
1. Personalty. I bequeath such items of my tangible
personal property as are specifically itemized on the list, if
any, in my handwriting, signed and dated by me at the end
thereof, and attached to this, my will, to the persons named
thereon to receive such items. I bequeath to my husband, Thomas,
all of my remaining tangible personal property not used in
business or for the production of income, including without
limitation furniture, furnishings, clothing, jewelry, objects of
art and decoration, and the like, and any motor vehicles which I
own, together with the insurance thereon, if he survives me. If
my husband does not survive me, then I bequeath all said
property, together with the insurance thereon, to those of my
children who survive me. With regard to the property passing
hereunder, distribution shall be made among said children on the
basis of choices in order determined by lot and rotation, and the
values as finally determined for inheritance tax purposes shall
be determinative with regard to the values of the property
chosen, and any disparity among said children shall be equalled
by such payments among them as may be necessary. If any one of
said children are not living at the time of my death, the choices
to which he or she would have been entitled shall be made by his
or her issue in order determined by lot and rotation.
2. Residue. I bequeath, devise, and appoint all the rest
of my property, of whatever nature and wherever situated,
including property over which I hold a power of appointment,
except that I do not exercise any power of appointment given to
me by my husband, to the Trustee's hereinafter named, for the
following purposes:
(a) If my husband, Thomas, survives me, then the
Trustees shall establish Trust A hereunder, governed by paragraph
3 below, by allocation thereto, from the property held hereunder,
an amount, if any, equal to (i) the minimum amount, after taking
into account all deductions other than the marital deduction and
applying all credits available, which is necessary as the marital
deduction to reduce to the lowest possible amount the federal
estate tax payable by reason of my death, less (ii) the value of
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all other assets in my gross estate which qualify for the marital
deduction and which pass or have passed to my said husband under
other provisions of this will or otherwise. In determining such
amount, all assets involved in the calculation shall be valued at
final federal estate tax values, but in funding Trust A, date of
distribution values shall be used and only assets that qualify
for the marital deduction shall be used. I intend that the
interest of my husband in Trust A shall qualify for the marital
deduction, and any provisions herein which may appear to conflict
with or in any way defeat my intention to obtain the marital
deduction for the full amount of Trust A shall be construed or
applied to accomplish that intention.
(b) The remainder of the property passing hereunder
(or, if my husband does not survive me, all the property passing
hereunder) shall be held as Trust B. (See paragraph 4 below.)
3. Trust A. The income and principal of Trust A (if
established hereunder) shall be distributed as follows:
(a) Income. The Trustees shall pay the net income
from Trust A to or for the benefit of my husband, Thomas, for his
lifetime, in such installments, but not less frequently than
quarterly, as the Trustees may determine.
(b) Principal. The Trustees shall pay from time to
time from the principal of Trust A to or for the benefit of my
husband:
(i) such sums as shall in the discretion of the
Trustees seem proper for his support, maintenance, and health
care or necessary to permit him to maintain a standard of living
approximately equal to that maintained by him during my lifetime,
taking into account such other sources of income, support and
estate that may be available to him, and
(ii) such sums, including any or all principal,
that my husband may request in writing.
(c) After Husband's Lifetime. Upon the death of my
husband, Thomas, all the principal then held in Trust A shall be
distributed as he may by his will appoint, making specific
reference to this Trust A. Except as expressly stated in the
preceding sentence, there shall be no restriction, condition or
qualification on or to the power to make such appointment and the
permissible beneficiaries. The power of appointment shall be
exercisable by my husband alone and in all events, and there
shall be no power in any person other than my husband to appoint
to any other person any part of the property passing under
Trust A. To the extent that my husband should fail to exercise
effectively his power of appointment over any part of the
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property in Trust A, the Trustees
that my husband expressly directs
will or in a writing delivered to
lifetime) pay from the unappointed
Trust A:
shall (except to the extent
to the contrary in his last
the Trustees during his
portion of the principal of
(i) the amount of any additional estate,
inheritance or other death taxes imposed on account of the death
of my husband by reason of his power of appointment over and
other rights in the unappointed portion of the principal of
Trust A (the amount of each such .additional tax to be equal to
the excess if any of the tax, including any interest thereon,
payable by reason of his death over the amount of such tax which
would have been payable if no such tax was payable by reason of
his death with respect to the unappointed principal of Trust A),
and
(ii) any expenses incurred in the administration
of his estate attributed to the determination of such taxes (and
the Trustees may accept the written statement of his personal
representatives as to the amount of taxes and expenses payable
hereunder), and the remaining balance of the principal held in
Trust A at his death shall be added to and considered part of
Trust B and shall be administered and distributed under the
provisions herein governing Trust B.
4. Trust B. The income and principal of Trust B shall be
distributed as follows:
(a) Income. The Trustees shall pay the net income
from Trust B at least annually to or for the benefit of any or
all of my husband and issue in such proportions or amounts as in
the discretion of the Trustees seems proper to provide for their
support, maintenance, and health care, for the education of my
issue, and for the maintenance by my husband of the standard of
living maintained by him during my lifetime, taking into account
such other sources of income, support and estate that may be
available to the beneficiaries. No beneficiary of Trust B shall
participate as a co-Trustee in any decision under this
subparagraph (a).
(b) Principal. The Trustees shall from time to time
pay such sums from the principal of Trust B to or for the benefit
of my husband and issue as may in the discretion of the Trustees
seem necessary for their support, maintenance and health care,
for the maintenance by my husband of the standard of living
maintained by him during my lifetime, and for the education of my
issue, taking into account such other sources of income, support
and estate that may be available to the beneficiary and the needs
and resources of all the beneficiaries. Any of the foregoing
distributions to or for the benefit of my issue shall be based on
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their needs, rather than on a desire to maintain absolute
equality of payments among them. My first priority for the
income and principal of Trust B taken together is the support,
maintenance, and health care of my husband. In determining
whether any invasion shall be made for the benefit of my husband
from the principal of Trust A or from the principal of Trust B,
such invasion shall be made from Trust A as far as practical. No
beneficiary of Trust B shall participate as a co-Trustee in any
decision under this subparagraph (b).
(c) Additional Principal Distributions. The Trustees
may also pay from the principal of Trust B such sums as in the
discretion of the Trustees seem proper for the establishment of a
child of mine in a business or profession or towards the
acquisition or furnishing of a home for a child of mine, taking
into account the other resources of the child, the desirability
of the transaction, and the reasonably anticipated needs and
resources of all the beneficiaries hereunder, provided, however,
that the total distributions to or for the benefit of a child of
mine under this sentence shall not exceed the reasonably
anticipated amount that would be distributable to him or her
pursuant to subparagraph (f) below if no distributions were-.made
under this subparagraph (c); and each payment to him or her under
this subparagraph (c) shall be deemed an advancement to such
child (or to his or her issue if he or she is not then living) in
making the division of the property held in Trust B pursuant to
subparagraph (f) below and shall be charged against his or her or
their share. No beneficiary of Trust B shall participate as a
co-Trustee in any decision under this subparagraph (c).
(d) Leaal Support Obligation. No payment shall be
made under subparagraphs (a), (b), or (c) above which would
discharge to any extent the legal obligation of any person for
the support of the recipient of such payment.
(e) Husband's Rights of Withdrawal. In addition to
the foregoing, during any calendar year my husband shall have the
unqualified right in his sole discretion to demand in one or more
writings delivered by him to the Trustees that he be paid from
the principal of Trust B an amount not in excess of the greater
of Five Thousand Dollars ($5,000.00) or five percent (5%) of the
aggregate market value of the assets of Trust B as of December 31
of the calendar year during which such demand is made. The right
permitted my husband under this subparagraph (e) must be
exercised by him as herein provided on or before December 31 of
the calendar year to which applicable, and any amount as to which
such right is not exercised for any given calendar year shall
lapse and shall not accumulate or carry over to any future
calendar year.
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(f) Distribution of Trust B. When my husband is no
longer living and no living child of mine is under the age of
eighteen (18) years, the principal remaining in Trust B shall be
distributed per stirpes to my issue, adjusted for any
advancements pursuant to subparagraph (c) above, provided,
however, that if any beneficiary under this subparagraph (f)
other than a child of mine is then under the age of thirty-five
(35) years, his or her share shall be held for him in a separate
trust hereunder under the terms of paragraph 6 below., or, if no
issue of mine are then living, the same shall be subject to the
terms of paragraph 5 below.
5. Alternate Distribution. Any property stated in
subparagraph (f) above or paragraph 6(c) below to be held under
the terms of this paragraph 5, and any other property held
hereunder when no issue of mine are living which is not
effectively disposed of elsewhere herein, shall be distributed
outright one-half per stirpes to the issue of my parents and
one-half per stirpes to the issue of my husband's parents.
6. Separate Trusts. The income and principal of a
separate trust in which a share in Trust B is held for a
beneficiary pursuant to the terms of paragraph 4(f) above shall
be distributed as follows:
(a) Income. The income shall be distributed at least
quarterly to or for the benefit of the beneficiary. No payment
shall be made under this subparagraph (a) which would discharge
to any extent the legal obligation of any person for the support
of the beneficiary.
(b) Principal. The Trustees shall pay from the
principal such sums to or for any or all of the beneficiary and
his or her issue as in the discretion of the Trustees seems
proper for their support, maintenance, health care, and
education, and such sums to or for the benefit of the beneficiary
as in the discretion of the Trustees seem proper to help
establish him or her in a business or profession or acquire or
furnish a home for him or her, taking into account the other
sources of income, support and estate that are available to the
distributee, the reasonably anticipated needs and resources of
the beneficiary and his or her issue, their income and estate tax
brackets, the desirability of the transaction (if any), and the
possible application of any generation-skipping tax. No payment
shall be made under this subparagraph (b) which would discharge
to any extent the legal obligation of any person for the support
of the distributee.
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(c) Distribution of Separate Trust.
(i) When such beneficiary shall have attained the
age of twenty-five (25) years, the Trustees shall distribute to
him or her at written request one-third (1/3) of the remaining
principal balance then held in his or her separate trust; when
such beneficiary shall have attained the age of thirty (30)
years, the Trustees shall distribute to him or her at written
request one-half of the remaining principal balance; and when
such beneficiary shall have attained the age of thirty-five (35)
years, the Trustees shall distribute to him or her at written
request the entire balance held in his or her separate trust.
(ii) If such beneficiary should die before making
proper request for the entire balance in his or her separate
trust, then the entire balance in his or her separate trust shall
at his or her death be distributed, outright or in trust, in such
sums or proportions as such beneficiary may direct in his or her
last will, expressly referring to his or her separate trust
hereunder, but only among my issue and their spouses or former
spouses and persons gifts to whom are then allowable as
deductions under Section 2055 of the Internal Revenue Code (or
any successor provision); and to the extent that such beneficiary
shall fail to exercise effectively his or her .limited power of
appointment hereunder, the aforementioned balance in his or her
separate trust shall then be distributed per stirpes to his or
her issue, or, if no such issue survive him or her, per stirpes
to the issue of his or her parent who was a child or more remote
descendant of mine, or, if no such issue survive him or her, per
stirpes to my issue, with the share of any of such issue for whom
property is then held in or payable to a separate trust under
this paragraph 6 being added to such separate trust, or, if no
issue of mine are then living, said balance shall be subject to
the provisions of paragraph 5 above.
(d) Disposition Upon Application of Rule Against
Perpetuities. If during the lifetime of a person for whom a
separate trust under this paragraph 6 was established the
interest of such person therein becomes void under the applicable
rule against perpetuities, then the balance in such separate
trust shall then be distributed outright to such person.
7. Survival Clause. If any beneficiary hereunder should
die within sixty (60) days after me or within sixty (60) days
after any other person the survival of whom determines his or her
rights hereunder, then such beneficiary shall be deemed to have
predeceased me or such other person for all purposes hereunder.
8. Powers. In addition to such other powers and duties as
may be granted elsewhere herein or which may be granted by law,
the fiduciaries hereunder shall have the following powers and
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duties, without the necessity of notice to or consent by any
Court:
(a) To retain all or any part of my property, real or
personal, in the form in which it may be held at the time of its
receipt, including any closely held business in which I have an
interest and any stock of any corporate fiduciary hereunder, as
long as in the exercise of their discretion it may be advisable
so to do, notwithstanding that said property may not be of a
character authorized by law, provided, however, that upon written
request by my husband, they shall within a reasonable time make
productive of income any interest in property (however and
whenever acquired) held in Trust A hereunder.
(b) To invest and reinvest any funds held hereunder in
any property, real or personal, including, but not by way of
limitation, bonds, preferred stocks, common stocks, and other
securities of domestic or foreign corporations or investment
trusts, mortgages or mortgage participations, and common trust
funds, even though such property would not be considered
appropriate or legal for a fiduciary apart from this provision.
(c) To sell, convey, exchange, partition, give options
to buy or lease upon, or otherwise dispose of any property, real
or personal, at any time held by them, with or without order of
court at their option, at public or private sale or otherwise,
for cash or other consideration or for such credit terms as they
think proper, and upon such terms and for such prices as they may
determine, and to convey such property free of all trusts.
(d) To borrow money from any person, including any
fiduciary hereunder, for any purpose in connection with the
administration hereof, to execute promissory notes or other
obligations for amounts so borrowed, and to secure the payments
of such amounts by mortgages or pledges of any property, real or
personal, which may be held hereunder.
(e) To make loans, secured or unsecured, in such
amounts, upon such terms, at such rates of interest, and to such
persons, firms or corporations as they may deem advisable.
(f) To renew or extend the time for payment of any
obligation, secured or unsecured, payable to or by them, for as
long a period of time and on such terms, as they may determine,
and to adjust, settle and arbitrate claims or demands in favor of
or against them.
(g) In dividing or distributing any property, real or
personal, included herein, to divide or distribute in cash, in
kind, or partly in cash and partly in kind.
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(h) To hold, manage, and develop any real estate which
may be held by them at any time, to mortgage any such property in
such amounts and on such terms as they may deem advisable, to
lease any such property for such term or terms, and upon such
conditions and rentals as they may deem advisable, whether or not
the term of any such lease shall exceed the period permitted by
law or the probable period of retention under this instrument; to
make repairs, replacements and improvements, structural and
otherwise, in connection with any such property, to abandon any
such property which they may deem to be worthless or not of
sufficient value to warrant keeping or protecting, and to permit
any such property to be lost by tax sale or any other
proceedings.
(i) To employ such brokers, banks, custodians,
investment counsel, attorneys, and other agents, and to delegate
to them such duties, rights and powers as they may determine, and
for such periods as they think fit.
(j) To register any securities at any time in their
names as fiduciary, or in the names of nominees, with or without
indicating the trust character of the securities so registered.
(k) With respect to any securities held hereunder, to
vote upon any proposition or election at any meeting of the
person or entity issuing such securities, and to grant proxies,
discretionary or otherwise, to vote at any such meeting; to join
or become a party to any reorganization, readjustment, merger,
voting trust, consolidation or exchange, and to deposit any such
securities with any committee, depository, trustee or otherwise,
and to pay out of the trust created herein, any fees, expenses,
and assessments incurred in connection therewith; to exercise
conversion, subscription or other rights, and to receive or hold
any new securities issued as a result of any such reorganization,
readjustment, merger, voting trust, consolidation, exchange or
exercise of conversion, subscription or other rights and
generally to take all action with respect to any such securities
as could be taken by the absolute owner thereof.
(1) To engage in sales, leases, loans, and other
transactions with my estate, the estate of my husband, or any
trust established by either of us, even if they are also
fiduciaries or beneficiaries thereof.
(m) To make all necessary proofs of death under the
insurance policies of which they are the beneficiary, to execute
any receipts for the proceeds and to institute any action to
collect said proceeds and to make adjustments of any claim
thereunder, provided, however, that they need not institute any
action unless they shall have been indemnified against all
expenses and liabilities to which they may become subject as a
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result thereof. If, however, they desire to institute such
action without indemnification, they are hereby authorized to be
reimbursed for all expenses and liabilities incurred as a result
thereof from any amounts which may be held in trust hereunder
then or thereafter.
(n) To exercise all elections which they may have with
respect to income, gift, estate, inheritance or other taxes,
including without limitation execution of joint income tax
returns, election to deduct expenses in computing one tax or
another, election to split gifts, and election to pay or to defer
payment of any tax, in all events without their being bound to
require contribution from any other person.
(o) To operate, own, or develop any business or
property held hereunder in any form, including without limitation
sole proprietorship, limited or general partnership, corporation,
association, tenancy in common, condominium, or any other,
whether or not they have restricted or no management rights, as
they in their discretion think best.
9. Spendthrift Clause. No interest (whether in income or
principal, whether or not a remainder interest, and whether
vested or contingent) of any beneficiary hereunder shall be
subject to anticipation, pledge, assignment, sale or transfer in
any manner, nor shall any beneficiary have power in any manner to
charge or encumber his or her said interest, nor shall the said
interest of any beneficiary be liable or subject in any manner
while in the possession of the fiduciaries for any liability of
such beneficiary, whether such liability arises from his or her
debts, contracts, torts, or other engagements of any type.
10. Facility of Payments for Minors or Incompetents. Any
amounts or property which are payable or distributable hereunder
to a minor or incompetent may, at the discretion of the
fiduciaries, be paid to the parent or guardian of such minor or
incompetent, to the person with whom such minor or incompetent
resides, or directly to such minor or incompetent, or may be
applied for the use or benefit of such minor or incompetent.
11. Taxes. I direct that all estate, inheritance, and
succession taxes that may be assessed in consequence of my death,
of whatever nature and by whatever jurisdiction imposed, other
than generation-skipping taxes, shall be paid out of the
principal of my general estate to the same effect as if said
taxes were expenses of administration, except that any such
additional taxes (and interest and penalties thereon) imposed on
account of my interest in or power over any trust established by
my husband shall be paid out of the property held in such trust,
and all other property includable in my taxable estate for
federal or state tax purposes, whether or not passing under this
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will, shall be free and clear thereof; provided, however, that my
executors may in the discretion of the executors request that any
portion or all of said taxes (to be paid out of the principal of
my general estate) shall instead be paid out of the principal of
any trust established by me in this will or otherwise, to the
extent expressly authorized under the terms of said trust. With
the consent of the Trustees hereunder, said taxes may be paid out
of the principal of Trust B hereunder as if said taxes were
expenses of administration thereof, provided, however, that no
such taxes shall be paid out of Trust A hereunder or out of
assets, such as payments received from a qualified pension or
profit-sharing plan, that are not includable in my federal gross
estate.
12. Fiduciaries. I appoint as executor hereunder my
husband, Thomas V. Arnoldi. If he should be unable or unwilling
to serve or to complete the administration of my estate, then my
brother, James C. Bartoli, shall serve in his place. If James C.
Bartoli is unable or unwilling to serve as executor, then my
sister, Maria A. Bartoli, shall serve as executor. I appoint as
Trustees hereunder my husband, Thomas V. Arnoldi, and my brother,
James C. Bartoli. If my husband should be unable or unwilling to
serve or to complete the administration of any trust hereunder,
then James C. Bartoli shall serve alone. Under no circumstances
shall my husband serve as sole Trustee hereunder. If James C.
Bartoli is unable or unwilling to serve as Trustee hereunder,
then my sister, Maria A. Bartoli, shall serve as Trustee. No
individual fiduciary shall be liable for the acts, omissions or
defaults of any agent appointed and retained with due care or of
any co-fiduciary. No fiduciary shall be required to furnish bond
or other security for the proper performance of duties hereunder.
IN WITNESS WHEREOF, I, SANDRA B. ARNOLDI, herewith set my
hand to this, my last Will, typewritten on eleven (11) sheets of
paper including the self-proving attestation clause and
signatures of witnesses, this ~~ day of `~;~, ~,;`~ f 1995.
u~-,c_ , . ~' ~.-C . ~ ' ( SEAL )
SANDRA B. ARNOL I
Witnessed:
residing at ~~ ~~~-`C~
residing at ~~
~j; ~ - .
residing at c .d ~~
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
SANDRA B. ARNOLDI, (the testatrix), ,LJ~~ ~(. W ,
61~. ~2(.. !~`~~~~c;~ti , and ~ ~ ~~t . ~CLI~c-K~~ , ( the
witnesses), whose names are signed to the foregoing instrument,
being first duly sworn, each hereby declares to the undersigned
authority that the testatrix signed and executed the instrument
as her last will in the presence of the witnesses and that she
had 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 his or her
knowledge the testatrix was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
WITNESS:
TESTATRIX:
~c ~~~~ x~ G / f j>~~~
SANDRA B. ARNOLDI
WITNESS:
WITNESS:
~_
~„
~~
Subscribed, sworn to and acknowledged before me by SANDRA B.
ARNOLDI, the testatrix, and
NOTARIAL SEAL
JUDY A. 80MGARONER, Notary Public
Harrisburg, PA Dauphin County
My Commission Expires Feb. 23,1998
subscribed ya,,nd sworn to before me by
~ t~G~iQ- l~~t. UG~e,~C~~ , and
the witnesses, this ~?S~ day of
Q~CG~2~lif-J
N •ary ubli¢
~ S r^_AI.. )
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