HomeMy WebLinkAbout01-12-12PETITION 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: Richard P. Valk
alk/a: Richard Paul Valk
a!k/a:
alkla:
Date of Death: January 7, 2012
File No• ~ ~ - ~ a ~ CO~d
(Assigned by Register)
Social Security No: 210-26-8991 _
Age at death • 79
Decedent was domiciled at death in Cumberland County, Pennsvlvattia (Stare) with his/her last
principal residence at 66 East Main Street, New Kingstown, Silver Spring Township, Cumberland County. Pennsylvania
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died atHarbor's Edge, Del Ray Beach, Florida
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
If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania
Ijnot domiciled in Pennsylvania ...................... . .Personal property in County
Value of real estate in Pennsylvania ........................................................ .
TOTAL ESTIMATED VALUE... .
Real estate in Pennsylvania situated at: N/A
(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/aze the Executor(s) named in the last Will of the Decedent, dated March 14, 2008 and Codicil(s)
thereto dated N/A
State relevant circumstances (eg. 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 apending
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 Q EXCEPTIONS
B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate
If Administration, c.t,a, or c~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.
Q NO EXCEPTIONS Q EXCEPTIONS
Petitioner(s), aftera proper search has/have ascertained that Decedent left no Will and was survivedbythe following spouse (ifany) andheirs (attach
additional sheets, if necessary):
Name Relationshi Address
_ ~ =, -:°-
T~ , _ 1
,. 1._ ~ .-...
_,~ 1\
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Form RW-02 rev. 10/11/ZGI r Page 1 of 2~~
Y
Uath of Personal representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CLJNIBERLAND
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vau~aar. vac vu~y
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Petitioner(s) Printed Name Petitioner(s) Printed FAQ ~ [' 1" "' '!; "
ud B. Valk 1330 Partrid a Place, North Bo nton Beach, FL 33436
edP.Valk LL 1!'~, ~
171301msteadWa ,Cam Hill, PA 17011 ~ } f1'?~'~, r~;~;~ ~r
The Petitioner(s) above-named swear(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 F,epresentative(s) of the Decedent, the Petitioner(s) will well and tr/uly~administer the estate according to law.
Sworn to or affirmed and subscribed before V Date 1-'/~ `~o~
met ~~ day of } ~ Date
g3,. ~ C Date / "/ 'z '' J
For the Register ~--``~ Date
~~.
BOND Required: ~ YES Q NO
FEES:
Letters ...................... $ ~
( 10) Short Certificate(s)..... .
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ................. .
Other
~~
Automation Fee ...............
JCS Fee ..................... ~ U
TOTAL ..................... $ 1 - 0
Phone:
Fax:
Email:
717-243-5838
DECREE OF THE REGISTER
Estate of Richard P. Valk File No: ~ ~ ~ 1 ~ -U~~
a/k/a:
AND NOW, ~- , Ste, in consideration of the foregoing Petition,
satisfactory proof having been presen ed before me, IT IS DECREED that LettersTestamentary
are hereby granted to Judy B. Valk and Ted P. Valk
in the above estate and (if applicable) that
the instrtunent(s) dated ~ ~ OG
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~~
To the Register of Wills:
Please enter my appearance by my signature below:
Attorney Signature:
Printed Name: Robert G. Frey
Supreme Court
ID Number: 46397
Firm Name: Frey & Tiley
Address: C Qnnth 1-Tannvt+r Ctreet
Carlisle. PA 17013
Register of Wills
Form RW-01 rev. 10/11/2011 Page Of 2
OFFICE of VITAL STATISTICS
CERTIFIED COPY
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PEfWM1NNi ~p~ ~/ FLORIDA CERTIFICATE OF DEATH
~~ ~ LOCAL FILE NO.
t. DECEDENTS NAME (Fkat, M/ddts, Luf, $UAh)
2. SEX
Richard Paul Valk Male
3. DATE OE BIRTH (Mwrdt Day, YeM 46: AOE-Lpt &nhdaY /n 1 9. DATE OF DEATH '
(A1onM, D.y, YeaO
March 27, 1932 rr°"') 79 Mwoar. °v~' HOYYd A`"'"'° January 7, 2012
S. SOCIAL SECURITY NUMBER 7. BIRTHPLACE (C,gyand SYls wFonyrt COUngy) & COVNTV OF DEATH
210-26-8991 Weehawken, Nem Jersey Palm Beach
9. PLACE OF DEATH HOSPITAL: -Inpatlent _Errrgpnoy RoorMONpatieN -Deed on ArrfuN
(Check only one)
NON-HOSPITAL -HOeptoe faoYYy ~ Nuninp F1anaA.ong Tarm Care Fadltly - DewdanYa Home -Oder (Spar.'dy)
tO. FACILRY NAME(I/mteuelufbr, gtw NreNatldase) 1fa. CITY, TOWN, OR LOCA710N OF DP.ATH 11 b. INSIDE CRI'LIMR94
• Harbours Edge Delray Beach ~.Y.,''
72. M
ARITAL STATUS (Spso'y) ~ 13.S11RV1VW0 SPOUSE'S NAME (N•dte. phv rrrlden rune)
V
s Married _ MarnW, but separated _ vmdar.d _ Divorced -Nev.r M.rded
• Judy Ann Dudley
14e. RESIDENCE -STATE tab. COUNTY 14a CITY, TOWN, OR LOCATK)N
Florida Palm Beach Boynton Beach
74d.STREE(ADDRESS tae. APT. NO, 141. ZIPCODE 14g. INSIDE CRY LIMfT51
1330 Partridge Place 33436
-Y..
~ 15a. DECEDENTS USUAL OCCUPATION(Indcefs lypednpkdpre dump moNWaavlMplUa.) 15b. KINDOF BlI81NE3&INDUSTRV '
On netrrs.w.tked~ Own®r Manufacturing
1®. DECEDENTS RACE (Specl/y dre raeehacea b Ladeefe eluf decedent ecrWrhrered hhuelUrney fo ha Mae dran on mcw may ee apeWYd)
White -Blade or Alrinn Arrrman -AmerIW lnMarlwAlesiwr Ne6t+(Spclty trNe)
• -Aden lnd'um -Chineu -Fgpino -Japanese -Korean -VlNnarneee -Other Aelan (Seedy)
-Native HewaBan -6uammian wChamono -Samoan -Olber PaoNC lat. (Sperd)y) -Odror (Spem7y)
• 17.OECEDEn1T OF HISPANIC OR HARIAN ORIOIN4 -Veep/YaA epaely) ~No -Maziwn _„Pueno Rican -Cuban -,CeubaySouth Ame~lon
(Spec/ly d decedent a•a afiffeperac w)Wtlan Odph.)
OlherHhpenb (SpaoYy) fY
i@tn
• 13. DECEDENTS EDUCATfON
(SpeWy fhe decWenya hi}ihesf dsyriu wlwN o/sadrd carplsbdat /Yne ofdrfh.) a
14. WAS DECEDE)TI' EVER MY
tI
- eih or lass -High school bW m dlpbma a Hlgh edtod diPlare or OEO U.S. AR1~D WRCESI
~
-College b~l m Wgrea Copege dagrN (Spep/'y} -Aaaodate - Bachebr'a - MttaMt'e DoporaN yy
- Yaa ,p No
20. FATHER'S NAME (FkaY MHRe, Last, Su9er) Z7. MOTHER'S NAME (F4ot, MPddA, Mdden Sunrrrrr)
Anthony Martin Valk Jennie Julia Greski
22e. 1NFORMANI'S NAME Y26. RELATIONSHIP TO DECEDENT 29a. INFORMANT'S MAILING - 9TATE
JB Valk Wife- Florida
• 23b. clrv OR rowN 23C sTSiEEr ADDRESS ~. ap ~~
Boynton Beach 1330 Partridge Place 33436
• 24. PLACE OF DISPOSITON (Naar o/ orrreYry, .wrmebry, wdArPMad 2le. LOCATION -STATE 25b. LOCATION - CRY OR TOWN
Westm'nst m
3Se.METHOD OF DISPpsIT10N -Bond Erlbmbnyrn CreeWbn Donation RemovN ban SWe -OMer spedr»
296: IF CREMATION, DONATgN OR BURIAL AT BEA, 27e. LICENSE NUABER (dLkwree) Z7b. TURF OF tJEAAL S l1C EE OTi PERSON ACTING A9 SUGH
R
APPROVAL GRANTED?
-Yr -No F0~45449
28. NAME OF FUNERAL FACILRY
2ga. FACIifTVS MARINO -STATE
Boynton Memorial Chapel Florida
29b. CITY OR TOWN 2fic 67REET ADDRESS 2gd. ZIP CODE
Boynton Beach 800 W Hoynton Heach Hlvd. 33426
r 30. CERTIFIER: ~GrlXying Phyabfan-TO the bellW mY enowMdga, daNh ouour*edN tlr Mine, dNe andplaa, and dun loYhe wuae(a)a~menmratWd.
5 (Cfrckaro) _ Msrsoel liwrntner • On IM Neab of ezaminMon, enM1brlnvoMpNbs, in my oplabn, daalh ocoumd N the lane, dad and
plena, due b the o•useh) and rcrmur sWed.
Sit (Slyrrturr eo(
31b. DA E SIQNm (~ 82. TIME OFDp,ATH (24 hr.) 33. MEgCAL EXAMINER'S CASE tJUh~ER
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94a.UCENS h~'E`"~R7C~('o~/CMIRw) 3W, CERTiFI ~
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85. NAME OF ATTENDIND pHVBK;IAN (Hofhw lfwr Csry6x)
3h. C
IE
ATE ~, d7Y OR TOW 3Ec
3 EET ADCNiEBS
FL
Boca Raton .
1489 W. Palmetto Park Place 3ed. ZIP CODE
33433
37. BUBAE013TRAR - SfpvNwe and Daf~ 38a. B'TRAA - eEb F-0 REGISTRAR (Ma, Cay, Yr.)'
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ISES W~ ~~ ~ TF1E STATE ~ FkORIDA. 1kJ t~T gCCEPT WITHOUT VERIFI'ING THE PRESENCE OF THE WATERMARK. i 1L:rL11.~ j 4
_ THE DOt'x1MENT FACE,CONfAINS A FiIH.TI-COLQRED BACKGAWND AND GOL@ EMBOSSED SEAL. THE BACK
- - i CONTAINS SPECIAL LINES WITH TEkT ~ SEALS IN THERM@CHROMIC HdK.
=~ OFI FORM 1947 (08/04)
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LAST WILL AND TESTAMENT
OF
RICHARD P. VALK
+I ! ~y ~
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I, RICHARD P. VALK, of 1005 Drayer Court in the Boro~g~ : of ~arlisl'e, "~"
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby make, publish and declare this as and for my Last Will and
Testament hereby revoking and making void any and all Wills by me at any time
heretofore made.
1. I direct my hereinafter named Executors to pay all of my just debts and
funeral expenses and all costs of administration of my estate as soon after my death as may
be found convenient to do so. I direct that my funeral arrangements be made by JUDY B.
VALK and my Executors as they deem appropriate, and that my body be interred on my
burial lot located in Westminster Cemetery in North Middleton Township near the
Borough of Carlisle, Pennsylvania. I direct that my body be interred immediately beside
and West of the grave of my father Paul Valk. I further direct that the gravesite beside my
grave and immediately West thereof shall be reserved for the grave of my wife, Judy B.
Valk. The grave of my former wife Helen A. (Dolly) Valk is located immediately East of
the grave of my father, Paul Valk. All of the other gravesites on said Valk Lot on which no
bodies are interred, including that reserved for my wife in the event she should be interred
elsewhere, I give devise and bequeath to my son TED P. VALK to be used by him and for
the interments of such other persons as he may designate.
2. I direct that all inheritance, transfer, succession, estate and death taxes
which may be payable on account of my death, including interest and penalties thereon,
shall be paid from the 90% of the residue of my estate which is provided for my two sons,
of which one-half thereof shall be deducted from the 30% share of the residue of my estate
provided in paragraph 18 hereof for my son Richard A. Valk, and one-half thereof shall be
deducted from the 60% share of the residue of my estate provided in paragraph 18 hereof
for my son Ted P. Valk, and none shall be paid from the 10% of the residue of my estate
which is provided for my wife, regardless of whether the assets upon which such taxes are
based are included in my probate estate.
3. If at the time of my death I am still the owner of the house and land known
as 1005 Drayer Court, Carlisle, Pennsylvania, and which land extends from Drayer Court
on the north to Hillside Drive on the south, I give, devise and bequeath the same together
with all of the household goods and furnishings located therein to my son, RICHARD A.
VALK provided he shall survive me by a period of ninety (90) days. Should he fail to so
survive me then this bequest and devise shall lapse. I bring to the attention of my
Executors that my wife, JUDY A. VALK, owns in her own individual right all articles of
her personal use and adornment, photography equipment and supplies, and painting
equipment and supplies including various paintings of which she is the artist, and any and
all of her personal jewelry.
4. If at the time of my death I am married to JUDY B. VALK and am still the
owner of the real estate known as 1005 Drayer Court, Carlisle, Pennsylvania, I direct that
my wife JUDY B. VALK be entitled to occupy said house and land at 1005 Drayer Court,
Carlisle, Pennsylvania, and to use the household goods and furnishings located therein for
a period not to exceed six months after my demise if she so chooses, and during such
occupancy she shall be responsible for payment of the operating expenses of the property,
but not for real estate taxes or hazard insurance.
5. I give and bequeath the sum of six hundred thousand ($600,000.00) dollars
to my wife, JUDY B. VALK, her heirs and assigns, which shall be in lieu of any interest
she may have in the household goods and furnishings located in my residence at 1005
Drayer Court.
6. If at the time of my death I am married to JUDY B. VALK and if I am still
the owner of a membership in Quail Ridge Golf Club located near Boynton Beach, Florida,
Last Will and Testament of Richard P. balk i ~~~ C~~~"-"- Page l of 7
~i ~~
I give, devise and bequeath all of my right, title and interest therein to JUDY B. VALK.
provided she shall survive me by a period of ninety (90) days.
7. If at the time of my death I am married to JUDY B. VALK and if I am still
the owner of any interest or equity in Delray Beach Club in Delray Beach, Florida, and if I
have any interest or equity in Ocean Club of Florida, located in Boynton Beach, Florida, I
give, devise and bequeath all of my right, title, and interest therein to JUDY B. VALK,
provided she shall survive me by a period of ninety (90) days.
8. If at the time of my death I am the owner of any automobiles, I give and
bequeath the automobile of his choice to my son, RICHARD A. VALK, and any additional
automobiles which I may own at time of my death, if any, to my son, TED P. VALK.
9. If at the time of my death I am the owner of any of the following items, I
give and bequeath to my son TED P. VALK my Rolex watch and my Audumar Tiger's
Eye watch and Tiger's Eye ring and cufflinks set, All other articles of personal use and
adornment belonging to me shall be distributed to my wife and/or children and
grandchildren as my Executors shall deem appropriate, but should they fail to agree, then
the same shall lapse and be included in the residue of my estate.
10. If at the time of my death I am the owner of any shares of stock in any
closely held company in such event I give, devise and bequeath the same to my son, TED
P. VALK, but at the present time I am not the owner of any shares of stock in any closely
held company.
11. I give and bequeath the following amounts provided the beneficiary
qualifies as a charity, exempt from Federal Estate Tax and Pennsylvania Transfer
Inheritance Tax:
(a) $50,000.00 to the Carlisle Chapter of the American Red Cross, to be
used for such purposes as its Board of Directors shall deem appropriate.
(b) $50,000.00 to the Salvation Army for the use of its Carlisle Citadel,
to be used for such purposes as it shall deem appropriate.
(c) $50,000.00 to the Keystone Area Council of Boy Scouts of
America, One Baden Powell Lane, Mechanicsburg, PA, to be used for such
purposes as it shall deem appropriate.
(d) $150,000.00 to Faith United Methodist Church at Boynton Beach,
Florida, to be used for such purpose or purposes as its official Board shall
deem appropriate.
12. I give and bequeath the sum of $50,000.00 to St. John's Lodge No. 260 of
Free and Accepted Masons, Carlisle, Pennsylvania, to be used by it for such purpose or
purposes as it shall deem appropriate.
13. I give and bequeath to my long time secretary, GLORIA A. PERRY MAN,
the sum of $50,000.00, provided she shall survive me by a period of ninety (90) days, but
should she fail to so survive me then the same shall lapse.
14. I give and bequeath to my long time friend ROBERT P. LANG, the sum of
$50,000.00 provided he shall survive me by a period of ninety (90) days, but should he fail
to so survive me then the same shall lapse.
15. I give, devise and bequeath the lesser of $1,000,000.00 or one-half of the
amount which is exempt from generation skipping Federal Estate Tax, to my grandson,
CAMERON P. VALK, his heirs and assigns, provided he shall survive me by a period of
ninety (90) days, but should he fail to so survive me then to such of his legitimate issue as
shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if
~~~-~-_.
,~~ / ~~ ~
Last Wil{ acid Testament of Richard P. Valk ~~'' Page 2 of 7
there be no such legitimate issue then the same shall lapse and be added to the share
hereinafter provided for my granddaughter, LAUREN M. VALK, her heirs and assigns;
16. I give, devise and bequeath the lesser of $1,000,000.00 or one-half of the
amount which is exempt from generation skipping Federal Estate Tax, to my
granddaughter, LAUREN M. VALK, her heirs and assigns, provided she shall survive me
by a period of ninety (90) days, but should she fail to so survive me then to such of her
legitimate issue as shall survive me by a period of ninety (90) days, per stirpes, and if there
be no such legitimate issue then the same shall lapse and be added to the share hereinabove
provided for my grandson, CAMERON P. VALK, his heirs and assigns.
17. All of the rest, residue and remainder of my estate, real personal and mixed
and wheresoever the same may be situate, I give, devise and bequeath as follows:
a) If at the time of my death I am married to JUDY B. VALK, in such
event I give, devise and bequeath 10% thereof to JUDY B. VALK, her
heirs and assigns;
b) I give, devise and bequeath 30% thereof to my son RICHARD A.
VALK his heirs and assigns, provided he shall survive me by a period of
ninety (90) days, but should he fail to so survive me then to such of his
legitimate issue as shall survive me by a period of ninety (90) days, their
heirs and assigns, per stirpes, and if there be no such issue the same shall
lapse and be added to the share of my other son, TED P. VALK, his heirs
and assigns;
c) I give, devise and bequeath 60% thereof to my son, TED P. VALK his
heirs and assigns, provided he shall survive me by a period of ninety (90)
days, but should he fail to so survive me then to such of his legitimate issue
as shall survive me by a period of ninety (90) days, their heirs and assigns,
per stirpes, and if there be no such issue the same shall lapse and be added
to the share of my other son, RICHARD A. VALK, his heirs and assigns;
18. The meaning of "legitimate issue" as used in this Last Will and Testament
shall be limited to a child or children born of a female descendant of Testator regardless of
whether the mother is married to the father of such child or children, and shall be limited to
a child or children born to a male descendant of Testator where the father of such child or
children is married to the mother either before or after the birth of the child or children. In
any case the meaning of child or children or legitimate issue as used herein shall NOT
include any adopted child or children.
19. Should either of my grand children or any of their decedents be less than 50
years of age and be entitled to distribution from my estate, in such event I nominate,
constitute and appoint my son and daughter-in-law who are TED P. VALK, and LINDA
VALK, or the survivor of them, as Trustees for the benefit of each such person, and
authorize and direct that they shall receive and invest the same and to pay the income
arising therefrom at least annually to or for the benefit of such person together with so
much of the principal thereof as in the opinion of the Trustees is necessary or desirable to
be expended for the proper maintenance, support, education and investment desirability
until such person shall attain 50 years of age, at which time said Trust shall terminate
unless sooner terminated by total distribution of the principal thereof as hereinbefore
authorized, and at the time of termination the then remaining principal together with any
undistributed income shall be paid to such person. In the event the beneficiary of the Trust
shall become deceased prior to the termination of the Trust, said Trust shall at that time
terminate and the principal thereof be paid to the estate of such deceased person.
20. No title, in any devise or bequest or trust hereby created or in the income
accruing therefrom, or in its accumulation, shall vest in any beneficiary and no beneficiary
shall have the right or power to transfer, assign, anticipate or encumber his or her interest
in said devise or bequest or trust or the income therefrom, prior to the actual distribution
thereof by the Executors or Trustees to said beneficiary. Further, neither the income nor
Last Will and Testament of Richard P. Valk ~~ ~~ ~'~l/«~- Page 3 t~f 7
the principal of said devise or bequest or trust shall be liable in any manner, in the
possession of the Executors or Trustees, for the debts, contracts or engagements of any of
the beneficiaries.
21. I hereby nominate, constitute and appoint my wife, JUDY B. VALK and my
son TED P. VALK, as Co-Executors of this my Last Will and Testament, but should my
son, Ted P. Valk predecease me or fail to qualify or cease serving as such, then in such
event I nominate, constitute and appoint ROBERT G. FREY as alternate or successor Co-
Executor, to my son Ted P. Valk. Should my wife, Judy B. Valk predecease me or fail to
qualify or cease serving as such, in such event I direct that the surviving Co-Executor or
his successor shall be the sole Executor. I further direct that none of them shall be
required to post any bond to secure the faithful performance of his or her duties in the
Commonwealth of Pennsylvania or in any other jurisdiction. I further direct that neither
my wife, Judy B. Valk or my son Ted P. Valk shall receive-any compensation for service
as an Executor or Co-Executor.
22. I have made no provision herein for my son, RANDALL LYNN VALK not
because of any want of affection for him but because he has already received everything
that I wish him to receive from me.
23. If any person not named as a beneficiary under this Will or if any
beneficiary under this Will shall directly or indirectly, by legal proceedings or otherwise,
challenge or contest this Will or any of its provisions, or shall attempt in any way to oppose
or set aside the probate of this Will or impair or invalidate any of the provisions I have
made in it, any gift to, or other provision for, that person under this Will is revoked and
shall be disposed of in the same manner as if that contesting beneficiary had predeceased
me without issue.
24. I URGE any Court which may have jurisdiction of any matter concerning
my estate to take note of and be guided by my intentions set forth in paragraph number 24
above.
25. I URGE my wife, Judy B. Valk, to contact and confer with my son Ted P.
Valk for financial advice and assistance in investing whatever she may inherit from me
including that which passes to her under the terms of this Will, and to take as part of her
share of the 10% of the residue of my estate from my Smith-Barney Citi Group Account
No. 724-04636 those tax free municipal bonds that the Executors choose as having best
yields and calls and maturities with Triple "A" ratings.
26. I direct that my Executors shall as soon as possible contact Wachovia
Securities for proper transfer of my IRA Account No. 7986-1655 to my wife, JUDY B.
VALK to maintain the income stream from this account to her, of which she is the
beneficiary.
27. I direct that my Executors shall as soon as possible contact Allstate Life
Insurance Company for the proper transfer of my Annuity Contract No. A110175003 to my
wife JUDY B. VALK to maintain for her the income stream from this annuity, of which
she is the beneficiary.
28. In addition to the powers conferred by law, my hereinbefore-named
Executors and Trustees and their successors are empowered:
a. To invest any part of the trust corpus in such securities, investments,
or other property as may be deemed advisable and proper, irrespective of
whether the same are authorized for the investment of trust funds under the
laws of any governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other
securities of which may be held, to vote in person or by proxy on any
shares of stock; to consent to the merger, consolidation or reorganization
of such corporations; to consent to the leasing, mortgaging or sale of the
/,ast Will and Testament of Richard P. Valk ~~`~~,~~ ~1d-~-- Page 4 of7
ice, ~~~
property of any such corporations; to make any surrender, exchange or
substitution of such stocks, bonds or other securities as an incident to the
merger, consolidation or reorganization of such corporations; to pay all
assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the
proportionate interest of the investment in such corporations; to exercise
any option or privilege which may be conferred upon the holders of such
stocks, bonds, or other securities of such corporations either for the
conversion of the same into other securities or for the purchase of
additional securities, and to make any and all necessary payments which
may be required in connection therewith; and generally to have and
exercise as to all such stocks, bonds and other securities, the powers of an
individual owner who is not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which
separate shares shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for
cash and partly on credit, and upon such terms and conditions as shall be
deemed proper, any part or parts of my estate or the trust estate, and no
purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase
moneys arising therefrom.
e. To keep on hand and uninvested such money as may be deemed
proper and for such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of
or against my estate or the trust estate.
g. And authorized in the discharge of fiduciary duties, to employ
counsel and to determine and to pay such counsel reasonable
compensation which shall be charged against the principal or income of
the trust fund, and shall further be entitled to charge against the principal
or income such other reasonable expenses and charges as may be
necessary and proper to incur for the proper discharge of fiduciary duties
and for the proper management and administration of the trust estate.
h. In making any division of property into shares for the purpose of
any distribution thereof directed by the provisions of the trust, to make
such division or distribution, either in cash or in kind, or partly in cash and
partly in kind, as shall be deemed most expedient, and in making any
division or distribution in kind may allot any specific security or property
or any undivided interest therein to any one or more of such shares, and to
that end may appraise any or all of the property so to be allotted and the
judgment as to the propriety of such allotment and as to the relative value
for purposes of distribution of the securities or property so allotted shall be
final and conclusive upon all persons interested in the trust or in the
division or distribution thereof.
i. And authorized to register any shares of stock or other assets of any
trust in their own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own
at the time of my death and in addition to invest any part of the Trust
corpus in such mutual fund or mutual funds as may be deemed advisable
or proper, irrespective of whether the same are authorized for the
investment of trust funds under the laws of any governing jurisdiction.
Last Will and Testament of Richard P. Valk ~ ~~ ~~!/Yr-, Page S of 7
v
1. To determine from time to time whether all or some portion of
realized capital gains shall be treated as ordinary income for distribution to
a beneficiary or treated as principal to be retained as part of the corpus,
and such designation need not be consistent from one year to another.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my
Last Will and Testament written on seven (7) pages, this 14th day of March, 2008.
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SEAL)
HARD P. VALK
Signed, sealed, published; and declared by RICHARD P. VALK, the Testator
above named, as and for his Last Will and Testament, in our presence, who, in his
presence, at his request, and in the presence of each other, have hereunto subscribed
out names as attesting witnesses.
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Last Will and Testament of Richard P. Valk Page 6 of 7
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
We, RICHARD P. VALK the Testator herein in, and Robert M. Frey, and
Sharon J. DeVos, the witnesses, to the Last Will and Testament, the attached or
foregoing instrument, who have signed the instrument, having been duly qualified
according to law do depose and say:
a. That I, the Testator, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament, that I signed it willingly and as my free
and voluntary act for the purposes therein expressed; and,
b. That we, the witnesses, were present and saw the Testator sign and
execute the instrument as his Last Will and Testament, that he signed it willingly and
executed it as his free and voluntary act for the purposes therein expressed; that each of
us in the hearing and sight of the Testator signed the Last Will and Testament as a
witness and that to the best of our knowledge the Testator was at that time eighteen
(18) or more years of age, of sound mind and under no constraint or undue influence.
/j/ ~~
1 1
ichard P. Valk
Robert M. Frey
~i~-t'~.'f~~~'~
aron J. DeVos
Subscribed, sworn to and acknowledged before me by the Testator and the
witnesses above-named, this 14th day of March, 2008
/~/1
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NnTARIAL SEAL vp~/~
TRISHA A. LIESS, Notary Public
Borough of Carlisle, Cumb. County, PA
I~Ay Gammiss~n Expires r•~.~~ 20, 2010
Last Will and Testament of Richard P. Yalk Page 7 of 7