HomeMy WebLinkAbout04-17-12PETITION 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, alnd in support thereof aver(s) the
following and respectfully requests the grant of Letters in the appropriate form:
Stephanie M. Rehman
Decedent's Information
Name: Karen M. Ulsh File No: . 21-12 ~ ~ ,~~
alk/a. (Assigned by Register)
alk/a:
a/k/a: Social Security No:
Date of Death: 03/26/2012 Age at Death: 55
Decedent was domiciled at death in Cumberland County, pq (State) with hislher last
principal residence at 4 Lantern Lane, Camp Hill 17011 Lower Allen Cumberland
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 4 Lantern Lane, Camp Hill, 17011 Lower Allen Cumberland PA
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 $ 1.00
Ifnot domiciled in Pennsylvania ................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania ................ Personal property in County $
Value ofreal estate in Pennsylvania ................................................................... $
TOTAL ESTIMATED VALUE E
Real estate in Pennsylvania situated at
(Attach adddional sheets, if necessary.)
1.00
Street address, Post Office and Zip Code
City, Township or Borough
County
® A. Petition for Probate and Grant of Letters Test?men~rv
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 03!15!2012 and Codicil(s)
thereto dated
State relevant circumstances (e.q., 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. § ;1323(8), 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., pedente lite, durance absentia. durante minoritate
If Administration, c.ta or d.b.n.c.t.a., enter date of Will in Section A above and comole a list of heirs.
Except as follows: Decedent was not a party to pending divorce proceedin 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):
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Name Relationship Address ~.O ~ Vii; r',
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Form RW-O2 rev. 10.11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } SS:
}
Petitioner(s) Printed Name
Stephanie M. Rehman
Petitioner(s) Printed Address
4 Lantern Lane
Camp Hill, PA 17011
official use
",.. ~ ,
,,! ~ ~
ncl.~'t` _ ~ ..W~~
CLERK OF
Ct1MP..FP ;~.~a' i i~(~1 PA
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true anti correct to the best of the knowledge and
belief of Petitioner(s) and that, as Personal Representative(s) of the eced nt, Petitioner s) will el and truly administer the estate according to law.
Sworn to affirmed an subscribed before Date ,¢ ,~,, ~ rL
me thi ? day of ~ ~ ~ Date
By:
the R Date
Date
BOND Required? ~ YES ~X NO
FEES:
Letters ..........................................
( ~ )Short Certificate(s).........
( )Renunciation(s) ..............
( )Codicil(s) ........................
( )Affidavit(s) ......................
Bond .............................................
Commission .................................
Other l~ ; - l
ao
y --
'i- .-
Automation Fee ............................
JCS Fee ....................................... •-
TOTAL ......................................... $
To the Register of Wlls:
rtease enter my appearance by my signature below:
Attor y Signature:
. ~~~
Printe Name: Amy . Moya
Supreme Court
ID Number: 91402
Firm Name: Law Offices of Susan E. Lederer
Address: 5011 Locust Lane
Harrisburg, PA 17109
Phone: 717!652-732:3
Fax:
E-mail: Amyr~Ledererlaw.com
DECREE OF THE REGISTER
Date of Death: 03/26/2012
Social Security No: 174-46-6751
Estate of Karen M. Ulsh
File No: 21-12- U
a/k/a: -
AND NOW, r_~J/~ , in consideration of the foregoing Petition,
satisfactory proof ha ing been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Stephanie M. Rehman
in the above estate and (if applicable) that the instrument(s) dated
described in the Petition be admitted to probate and filed of record a
Copyright
_ _ __ _
__
LOCAL RE ,~~~ ERTIFICATION OF DEATH
WARNING: It i~ a#`r# ' d`u this copy by photostat or photograph.
Fee for this certificate, $6.00 „a~~~~~~~~~--.., Thais is to certify that the information here given i
"~G~1 APR I ~ ~~~ 611 H OFpF----_
1,,11 Ngf _ correctly copied from an original Certificate of Dean
,S~o~ ~ duly filed with me as Local Registrar. The origins
- ,('}_~R{{ ~~c1~1 - ,~ ~ a; certificate will be forwarded to the State Vita
~(~~'S (~ ~ y~°3~ a Records Office for permanent filing.
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P 181615 9 2 CUM~?,~-~C "~`~' ~` g9TM oE~~P~~11,1 ~~,rL~'~ MA 2 7 012
Certification Number .- ENT jJppllll
__ Local Registrar Date Issued
Type/Print In COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH VITAL 12ECORDS
Permanent
-- ~ v~ LM s n Sate File Number
1. Decedent's Legal Name (First, Mlddle, Last, suffix)
2. Sex 3. Social security Number 4. Dale of Death (MO/Day/Yr) (Spell Mo)
Karen M. U1sh
Female 174 - 46 - 6751 March 26
2012
Sa
A
L
,
.
ge-
ast Birthday (Yrs) Sb. Under 1 Year Sc. Under 1 Da 6. Date of BIKh (MO/Day/Year) (Spell Month) 7a. Birthplace (City antl State
r F
i
o
ore
gnACOUntry)
$S Months Days Hours Minuses Harriabur YY
July 14 , 1 956
7b. Blitnplate (cpt,nty> Dau hin
Ba. Residence (State or Fore{gn Country) Bb. Residence (Street and Number -Include Apt No
) B
Did D
.
c.
ecedent Live in a TownshlpT
Penns lvania
®Ye,, aecedent u..ed In Lower A11en
Bd. Residence (county) 4 Lantern Lane -
hyp-
Cumberland
Be. Residence (21p Code) 17 01 1 Q No, decedent lived within limits of
9
E
.
city/born.
ver In US Armed ForcasT 30. Marital Status at Tlme of peath ®Marrled Q Widowed 31. Surviving Spouse's Name (If wife
glue n
Q Ves ~ No QUnknown Q Di
ri r t
fi
t
,
p
o
rs
marriage)
vorced Q Never Marrled QUnknown Mark Ste hen U1 ah
12
F
th
'
.
a
er
s Name (First, Mlddle, Last, Suffix) 13. Mother's Name Prior to Flrsi' Marriage (First, Mlddle, Last)
Donald Eu ene McCauslin
Thelma Niarie Sebastian
14a. Informant's Name
g 34b. Relationship to Decedent 14c. Informant's Malling Address (Street and Num bar, Clty, State, Zip Code)
Mark S. U1sh
1- Husband 4 Lant C
ern -ne , am H
i11, PA 17011
......... ..........
c
_
...................................... ..................................•-----r..----.. l..a. P ate o eat
If Death Occurred In a Hospital: ~ -Inpatient --•••••• .................. ... ec on-y one
.......................
I If Death O
d S
••- •~----•••
............
ccurre
omewhere Other Than H
a os Ifal:
P ~ Hospice Facility --•••----""----""---""'-'-
Q Emergency Room/Outpatient Q Dead on Arrival
~ a-'cedent's Home
N
Q
ursing Home/Long-Term Care Facility Other 5
Cit ( pacify)
S6b. Facility Name (If not Institution, give street and number) -15c
.
y or Town, State d Zip Code lSd, County of Death
4 Lantern Lane
Cam Hill, PA 17011 Cumberland
16a. Method of Disposition Q Burial ~ Cremation 16b
D
f
.
ate o
Dlsp ISIon 16c. Place of DlsposlSlon (Name of cemetery, crematory, or other place)
O aemoya from state Q Donation March p27 ,
other(spaclfy> 2012 Evans Cre~
mat
2 .
ory
16d. Location of Disposition (City or Town, State, and Zip) 17a. Slgna a Service LI s
P
or
erson In Charge of Interment 17b. License Number
Sctlaef£erstown, PA 17088
E FD 012 848 L
17c. Name and Complete Address of Funeral Facility
3
~ Parthemore FH Sr CS, Inc., P.O. Box 431, New Cumberland
PA
17070
,
.
38. Oacetlent's Education -Check she box that best describes the 19. Decedent of Hispanic Origin -Check the 20
D
'
- .
ecedent
s Race -Check ONE OR MORE races fo Indicate what
highest degree or level of school compbted at the time of death. box that best describes whether the decede
t
h
n
t
Q 8th grade or less
e decedent considered himself or hors If to be-
dl I is Spanlzh/Hispanic/Latino. Cheek the "NO" ~ White
N
Q
o
Q Korean
p oma, 9th - 12th grade box if decedent Is not Spanish/Hispanic/Latino. Q Black or African American Q Vietnamese
Q Hlgh school graduate or GED completed
® No, not Spanish/Hispanic/Latino Q gmerican Indian or Alaska Native Q Other Asian
Q Some college credit, but no degree Q Yes
Me
l
M
,
x
ca n,
exican American, Chicano Q Asian Indian Q NaHVe Hawaiian
® Associate degree (e.g. AA, qs)
Q Yes
Puerto Ric
,
an Chinese
Q Bachelor's degree (e.g. BA, AB, BS) Q yes
Q Guamanian or Chamorro
Cuban
,
Q Filipino
Q Samoan
Q Master's degree (e.g. MA, MS, MEng, MEtl, MSW, MBA) ~ Ves, other Spanish/Hispanic/Latino
~ Japanese
Q Doctorate (e.g. PhD, EdD) or Professional degree
~ Other Pacifl< Islander
(Specify) Q Other 5 fy)
e. MD DDS DVM LLB JD ( peel
21. Decedent's Single Race Self-Designation -Check ONLY ONE So Indicate what the decedent considered himself pr h
lf
erse
to be. 22a. Decedent's Usual Occupaslon -Indicate
Q White Q Japanese Q Samoan
tYPe of work
done durln g
Q Black or African American Q Korean Q Other Pacific Islander B most of workin Ilfe. DO NOT USE RETIRED.
0 American Intlian or Alaska Native Q Vlelnamesa Q Oon't Know/Not Sure Contract A
Q Allan Indian Q O
nalyE2 t
h
.
t
er Asian Q Refused
22 b. Kind of Business/Industry
Q Chinese Q Native Hawaiian Q Other (S
e
if
p
c
y)
Q Filipino Q Guamanian or Cha motto
ITEMS a-23 MU BE COMPLETED 23a.~e Electronics Manufacturing
~ r
BY PERSON WHO PRONOUNCES OR r / %n=e pad
gstp dp (MO Da 23 b. Sign to of Person Pronouncing Death Only when app icable) 23c. License Number
C
/
~
~
ERTIFIES DEATH `((J ~
~(
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23d. Si ed ( ay ) ~ 24. T of o h - Irk-///s,(' ~~-I,vr
p7~
25. W Medical Examiner or Coroner Contacted ® ye No
CAUSE OF DEATH
26. Part 1- Enter the chat f is--diseases, Injuries, or coin plicaSlons--That directly caused the tleath
Approximate
DO NOT
t
.
en
er Serminisl events such as cardiac arrest
respiratory arrest, or ventricular fibrillation without showing the etiology. 00 NOT ABBREVIATE. Enter onl Interval:
y one caus
I
e on a
l ~
lne. Add atlditional lines If necessary = Onset to Death
IMMEDIATE CAUSE ------_____~
~~tJ /¢`. ~~~ L ~ ~
a.
~~ S
/L~-C
(Final disease or condition
`
D e to (or
coca f):
resulting in death) ~ vL ~! pt-~ ~~~ G ~ ~~
b
Sequentially list conditions,
'~ h7O
Due to (o
if any, leading to the c s a consequ nee of):
listed on Ilne a. Eller the
V NDERLYING CAUSE
~ Due to o sequence of
(disease or InJ ry that ( r as a con ) -
F Inlflatatl the events resulting d.
!?S in death) LAST.
Due !o (or as a consequence of):
i~ 26. P¢K 11. Enter other sl¢niflc t ditl t Ib ti t d th but not resulting in the underl
in
c
i
~ y
g
ause g
ven in Part I
27. Was an autopsy performedT
'
°~ yes No
4g 26. Were autopsy findings available
to complete the cause of deathT
1' 29. If Female:
Q Yes Q N
3
o
0. Did Tobacco Use Contribute to DeathT
Not pregnant within past year
3 M~ anner of Death
ably /$ f.Iatural
Q Pregnant at time of death
z
i
.~ ~ No
Q Unk
Q Not pregnant, but pregnant within 42 days of death nown Q ccldeni Q Pendln
g Investigation
i- Q Not pregnant, bu! pregnant 43 days to 1 year before death Q Suicltle Q Could not be determined
32. Dale of Inju
(M
/D
ry
O
ay/Yr) (Spell Month)
~ Unknown if pregnant within the past year
33. Time of Injury
34. Place of Injury (e.g. home; construction site; farm; school) 35
L
.
ocation of Injury (Street and Number, Ci
ty, State, Zip Code)
36.Injury at Work 37. If Transportation Injury, specify: 38. Describe How Injury Occurretl:
Q Yes Q Driver/Operator Q Pedestrian
Q No Q Passenger Q Other (Specify)
3 9 Certifier (Check only one):
Q Certifying physician - To the best of my knowledge, death occurred due to the cause(s) and m r stated
Q Pron
i
8
ounc
ng
< Certifying physician - o [h est of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and m
Q Medical Examiner/Coroner -q
r stated
s examination, and/or investigation, in my gpjyon, de th occurred t the time, date, and p ac ,and due Lo the c use(s) and
tad
~lf/~
/% /17 /'• ~ / /'~/ ~t a ~~~f/
Signature of certifier:
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TI[le of certlfier
G.L//~1"7 c- G'~1' JG~Br~/UCt. se Number:l~[~ ¢30~Q
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39c. Date 51
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0. Registrar s District Num er 41
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3. Amendments O( v~~~/ ~ ~
Disposition Permit No. OL {Q -j ~ HlOS-143
REV 07/2011
t
Last Will and Testament
of
Karen M. Ulsh
I, Karen M. Ulsh, a resident of Camp Hill, Cumberland County, Pennsylvania,
revoke any prior wills and codicils made by me and declare this to be my Last Will and
Testament.
Article One
Family Information
I am married to Mark S. Ulsh. Any reference in my Will to my husband is to Mark S.
Ulsh.
I have three children. They are:
Stephanie M. Rehman, born on January 5, 1979;
Jessica M. Ulsh, born on October 20, 1988; and
Matthew S. Ulsh, born on March 20, 1990
All references to my children in my Will are to these children.
References to my descendants are to my children and their descendants, including
descendants of any deceased child.
Though Mark S. Ulsh is my natural heir, I intentionally have not provided for him as a
beneficiary in my Will, not for lack of affection, but because I have made other
provisions for him with assets passing outside of my probate estate.
Article Two
Specific and General Gifts
Section 2.01 Disposition of Tangible Personal Property
I give all my tangible personal property, together with any insurance policies covering the
property and any claims under those policies in accordance with a "Memorandum f
Distribution of Personal Property" or other similar writing directing t:he disp~ ' n of t}ae
property. Any writing prepared according to this provision must be dated a ~~ned l
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Page 1 a~~, ~~ z-,
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If I leave multiple written memoranda that conflict as to the disposition of any item of
tangible personal property, the memorandum with the most recent date will control as to
those items that are in conflict.
If the memorandum with the most recent date conflicts with a provision of this Will as to
the specific distribution of any item of tangible personal property, the provisions of the
memorandum with the most recent date control as to those items that are in conflict.
I intend that the writing qualify to distribute my tangible personal property under
applicable state law.
Section 2.02 Contingent Distribution of Tangible Personal Property
I give any tangible personal property not disposed of by a written memorandum to my
children, in shares of substantially equal value, to be divided among my children as my
children agree. If my Executor determines that a child is incapable of acting in the
child's own best interest, my Executor will appoint a person to represent the child in the
division of the property. If my children are unable to agree upon the division of the
property within six months after my death, my Executor will make the division. My
Executor may use a lottery or rotation system or any other method of allocation to
determine the order of selection and distribution of the property. As an alternative, my
Executor may sell all or any portion of the property and distribute the net proceeds
equally among my living children. My Executor will not incur any liability to any party
for decisions made by my Executor with respect to the division or sale of my tangible
personal property. Any decision made by my Executor will be final and binding on all of
my beneficiaries.
Section 2.03 Definition of Tangible Personal Property
For purposes of this Article, the term "tangible personal property" includes but is not
limited to my household furnishings, appliances and fixtures, works of art, motor
vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting
goods, and hobby paraphernalia.
Section 2.04 Incidental Expenses and Encumbrances
Until property distributed in accordance with this Article is delivered to the appropriate
beneficiary or to the beneficiary's legal representative, my Executor will pay the
reasonable expenses of securing, storing, insuring, packing, transporting, and otherwise
caring for the property as an administration expense. Except as otherwise provided in my
Will, my Executor will distribute property under this Article subjecl: to all liens, security
interests, and other encumbrances on the property.
Page 2
r ~
Article Three
My Residuary Estate
Section 3.01 Definition of My Residuary Estate
All the remainder of my estate, including property referred to above that is not effectively
disposed of, will be referred to in my Will as my "residuary estate."
Section 3.02 Disposition of My Residuary Estate
My residuary estate will be administered as provided in Article Four entitled
"Distribution to My Beneficiaries."
Article Four
Distribution to My Beneficiaries
The Distribution to My Beneficiaries will be administered under the; terms of this Article.
Section 4.01 Division of Remaining Trust Property
My Executor shall divide my residuary estate into shares as follows:
Name Relationship Share
Stephanie M. Rehman daughter 1 /3
Jessica M. Ulsh daughter 1/3
Matthew S. Ulsh son 1/3
Each beneficiary's share will be administered as provided in the Sections that follow.
Section 4.02 Distribution of the Share for Stephanie M. Rehman
The share set aside for Stephanie M. Rehman is to be distributed to her outright.
If Stephanie M. Rehman is deceased, Stephanie M. Rehman's share shall be held in trust
for the benefit of her living descendants, as provided in Section 4.02(1) hereunder.
If Stephanie M. Rehman has no living descendants, her share is to bE: distributed pro rata
to the other beneficiaries named in this Article. If there are no other named beneficiaries
her share will be administered as provided in Article Five entitled "Remote Contingent
Distribution."
(1) Trust for Stephanie M. Rehman's Descendants
My Trustee shall divide the remaining property into separal:e equal trust
shares for Stephanie M. Rehman's surviving descendants and shall hold
and administer each trust share as provided in this subsection.
Page 3
(a) Distributions of Income and Principal
My Trustee shall distribute to the beneficiary as much of the income and
principal of the beneficiary's trust as my Trustee determines is necessary
or advisable for the health, education, maintenance and support of the
beneficiary.
My Trustee shall add any undistributed net income to principal.
(b) Guidelines for Discretionary Distributions for College
Education
In making discretionary distributions of principal to the beneficiary prior
to age 21, it is my desire to provide for the beneficiary's college
education. I request that my Trustee consider the other lalown resources
available to the beneficiary first, such as existing collegc; funds, before
making distributions. I acknowledge that the principal of the trust
established for the beneficiary may be exhausted in making such
distributions.
(c) Right to Withdraw Principal
When the beneficiary has reached any one or more of the :following ages
or if the beneficiary has already attained one of the following ages upon
the funding of the trust established for the beneficiary, the beneficiary may
withdraw from the beneficiary's trust, at any time or times, ~unounts not to
exceed in the aggregate:
10% of the accumulated trust income and principal, after attaining age 21
years;
Increased by 30% of the accumulated trust income and principal not
already subject to withdrawal (calculated by taking the total accumulated
trust income and principal and deducting any amount already subject to
withdrawal but not actually withdrawn), after attaining age 2:5 years; and
All or any portion of the accumulated trust income and principal, after
attaining age 30 years.
These withdrawal rights are cumulative and the amount of each successive
withdrawal right will be added to any existing withdrawal right. The
amount of each withdrawal right will be determined by applying the
applicable fraction to the trust's principal and accumulated income as of
the date the beneficiary first has the right to exercise the withdrawal right.
The beneficiary may exercise this right at any time by delivering written
notice to my Trustee, setting forth the amount the beneficiary desires to
withdraw. Upon receiving a notice, my Trustee shall convey and deliver
to the beneficiary, free of trust, the amount requested in the notice. This
right of withdrawal is a privilege that may be exercised only by the
beneficiary and is not subject to the claims of any creditor or to legal
Page 4
process and may not be voluntarily or involuntarily alienated or
encumbered.
(d) Distribution Upon the Death of the Beneficiary
If the beneficiary dies after the establishment of the benefic:iary's trust, but
before the complete distribution of the beneficiary's tn:~st, my Trustee
shall distribute the remaining trust property to Stephanie; M. Rehman's
surviving descendants, pro rata.
Section 4.03 Distribution of the Share for Jessica M. Ulsh
My Trustee shall administer the share set aside for Jessica M. Ulsh. in trust as provided in
this Section.
(a) Distributions of Income and Principal
My Trustee shall distribute to Jessica M. Ulsh as much of 1:he income and
principal of her trust as my Trustee determines necessary ear advisable for
her health, education, maintenance and support.
My Trustee shall add any undistributed net income to principal.
(b) Guidelines for Discretionary Distributions
In making discretionary distributions to Jessica M. Uls:h, I desire to
provide for her well-being and happiness. Although I request that my
Trustee consider the other known resources available to Jessica M. Ulsh
before making distributions, I also request that my Trustee be liberal in
making any distributions to, or for her benefit. I acknowledge that the
principal of the trust established for Jessica M. Ulsh may bc: exhausted in
making these distributions.
(c) Right to Withdraw Principal
At the intervals set forth below, Jessica M. Ulsh may withdraw from her
trust, at any time, amounts not to exceed in the aggregate:
10% after the funding of the trust established for Jessica M.
Ulsh;
20% of the accumulated trust income and principal, 2 years
after funding of the trust established for Jessica M. Ul~sh;
increased by 30% of the accumulated trust income and
principal not already subject to withdrawal, calculated by
taking the total accumulated trust income and princip~il and
deducting any amount already subject to withdrawal but not
actually withdrawn, 4 years after funding of the trust
established for Jessica M. Ulsh; and
all or any portion of the accumulated trust incomes and
principal, 6 years after funding of the trust established for
Jessica M. Ulsh.
Page 5
These withdrawal rights are cumulative and the amount of'each successive
withdrawal right is to be added to any then-existing withdrawal right. The
amount of each withdrawal right will be determined by applying the
applicable fraction to the trust's principal and accumulated income as of
the date Jessica M. Ulsh first has the right to exercise the withdrawal right.
Jessica M. Ulsh may exercise this right at any time by deslivering written
notice to my Trustee, setting forth the desired withdrawal amount. Upon
receiving a notice, my Trustee shall convey and deliver the requested
amount to Jessica M. Ulsh free of trust. This right of withdrawal is a
privilege that may be exercised only by Jessica M. Ulsh, ~a.nd may not be
subject to the claims of any creditor or to legal process and may not be
voluntarily or involuntarily alienated or encumbered.
(d) Distribution upon the Death of Jessica M. Ulsh
If Jessica M. Ulsh dies after the establishment of her trust., but before the
complete distribution of her trust, my Trustee shall distribute the
remaining trust property per stirpes to the descendants of Jessica M. Ulsh.
If Jessica M. Ulsh has no descendants, my Trustee shall! distribute the
remaining trust property pro rata to the other beneficiaries; named in this
Article. If there are no other named beneficiaries, my Trustee shall
distribute the remaining trust property under the terms of Article Five.
(e) Distribution if Jessica M. Ulsh Is Deceased
If Jessica M. Ulsh dies before the establishment of her trust, my Trustee
shall distribute Jessica M. Ulsh's share pro rata to the other beneficiaries
named in this Article. If there are no other named beneficiaries, my
Trustee shall distribute Jessica M. Ulsh's share under the terms of Article
Five.
Section 4.04 Distribution of the Share for Matthew S. Ulsh
My Trustee shall administer the share set aside for Matthew S. Uls;h in trust as provided
in this Section.
(a) Distributions of Income and Principal
My Trustee shall distribute to Matthew S. Ulsh as much of the income and
principal of his trust as my Trustee determines necessary or advisable for
his health, education, maintenance and support.
My Trustee shall add any undistributed net income to principal.
(b) Guidelines for Discretionary Distributions
In making discretionary distributions to Matthew S. Ulsh, I desire to
provide for his well-being and happiness. Although I request that my
Trustee consider the other known resources available to Matthew S. Ulsh
before making distributions, I also request that my Trustee be liberal in
making any distributions to, or for his benefit. I acknowledge that the
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principal of the trust established for Matthew S. Ulsh may be exhausted in
making these distributions.
(c) Right to Withdraw Principal
At the intervals set forth below, Matthew S. Ulsh may withdraw from his
trust, at any time, amounts not to exceed in the aggregate:
10% after the funding of the trust established for Matthew
S. Ulsh;
20% of the accumulated trust income and principal„ 2 years
after funding of the trust established for Matthew S. Ulsh;
increased by 30% of the accumulated trust income and
principal not already subject to withdrawal, calculated by
taking the total accumulated trust income and principal and
deducting any amount already subject to withdrawal but not
actually withdrawn, 4 years after funding of the trust
established for Matthew S. Ulsh; and
all or any portion of the accumulated trust income and
principal, 6 years after funding of the trust established for
Matthew S. Ulsh.
These withdrawal rights are cumulative and the amount of each successive
withdrawal right is to be added to any then-existing withdrawal right. The
amount of each withdrawal right will be determined by applying the
applicable fraction to the trust's principal and accumulated'. income as of
the date Matthew S. Ulsh first has the right to exercise tihe withdrawal
right.
Matthew S. Ulsh may exercise this right at any time by delivering written
notice to my Trustee, setting forth the desired withdrawal amount. Upon
receiving a notice, my Trustee shall convey and deliver the requested
amount to Matthew S. Ulsh free of trust. This right of withdrawal is a
privilege that may be exercised only by Matthew S. Ulsh, and may not be
subject to the claims of any creditor or to legal process and may not be
voluntarily or involuntarily alienated or encumbered.
(d) Distribution upon the Death of Matthew S. Ulsh
If Matthew S. Ulsh dies after the establishment of his trust, but before the
complete distribution of his trust, my Trustee shall distribute the
remaining trust property per stirpes to the descendants of Matthew S.
Ulsh. If Matthew S. Ulsh has no descendants, my Trustee shall distribute
the remaining trust property pro rata to the other beneficiaries named in
this Article. If there are no other named beneficiaries, my Trustee shall
distribute the remaining trust property under the terms of Article Five.
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(e) Distribution if Matthew S. Ulsh Is Deceased
If Matthew S. Ulsh dies before the establishment of his gust, my Trustee
shall distribute Matthew S. Ulsh's share pro rata to the other beneficiaries
named in this Article. If there are no other named beneficiaries, my
Trustee shall distribute Matthew S. Ulsh's share under the terms of Article
Five.
Article Five
Remote Contingent Distribution
If, at any time, there is no person or entity qualified to receive fiinal distribution of my
probate or trust estate or any part of it, then the portion of my probate or trust estate with
respect to which the failure of qualified recipients has occurred shall be distributed to
those persons who would inherit if my husband predeceased me and I then died intestate
owning the property, as determined and in the proportions provided by the laws of the
Commonwealth of Pennsylvania then in effect.
Article Six
Designation of Fiduciaries
Section 6.01 Executor
I name Stephanie M. Rehman as my Executor. If Stephanie M. Rehman fails or ceases to
act as my Executor, I name Thelma S. McCauslin as my Executor.
Section 6.02 Trustee
I appoint the following as Trustee of the trusts created under my Will:
(a) Trustee of the Trust for Descendants of Stephanie M.
Rehman
Upon creation of the Trust for Descendants of Stephanie M. Rehman,
Thelma S. McCauslin will serve as Trustee.
(b) Trustee of the Jessica M. Ulsh Trust
Upon creation of the Jessica M. Ulsh Trust, the following, in the order
named, will serve as Trustee:
Stephanie M. Rehman; and then
Thelma S. McCauslin
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(c) Trustee of the Matthew S. Ulsh Trust
Upon creation of the Matthew S. Ulsh Trust, the following, in the order
named, will serve as Trustee:
Stephanie M. Rehman; and then
Thelma S. McCauslin
Article Seven
Trust Administration Provisions
The provisions of this Article pertain to any trust created under my Will.
Section 7.01 No Court Proceedings
Any trust created under my Will is to be administered expeditiously, consistent with the
provisions of my Will, free of judicial intervention, and without order, approval or action
of any court. A trust will be subject to the jurisdiction of a court only if my Trustee or
another interested party institutes a legal proceeding. A proceeding to seek instructions
or a court determination must be initiated in the court having original jurisdiction over
matters relating to the construction and administration of trusts. Seeking instructions or a
court determination will not subject a trust to the continuing jtu'isdic:tion of the court.
Section 7.02 Resignation of a Trustee
A Trustee may resign by giving written notice to the Income Ber.~eficiaries of the trust
and to any other Trustee then serving.
Section 7.03 Removal of a Trustee
No Trustee can be removed by any beneficiary, except for cause, which removal must be
approved by a court of competent jurisdiction upon the petition of arty beneficiary.
In no event will the court petitioned to approve the removal of a Trustee acquire any
jurisdiction over the trust except to the extent necessary to approve or disapprove
removal of a Trustee.
If a beneficiary is a minor or is incapacitated, the parent or legal representative of the
beneficiary may act on behalf of the beneficiary.
Section 7.04 Default of Designation
If the office of Trustee of a trust created under my Will is vacant and no designated
successor Trustee is able and willing to act as Trustee, a majority of the Income
Beneficiaries of the trust may appoint an individual or corporate fiduciary as successor
Trustee.
Any beneficiary may petition a court of competent jurisdiction to appoint a successor
Trustee to fill any vacancy remaining unfilled after a period of 30 days. By making such
Page 9
appointment, the court will not thereby acquire any jurisdiction over the trust, except to
the extent necessary for making the appointment.
If a beneficiary is a minor or is incapacitated, the parent or leg;~l representative of the
beneficiary may act on behalf of the beneficiary.
Section 7.05 Notice of Removal and Appointment
Notice of removal must be in writing and delivered to the Trustees being removed and to
any other Trustees then serving. The notice of removal will be effective in accordance
with its provisions.
Notice of appointment must be in writing and delivered to the successor Trustee and any
other Trustees then serving. The appointment will become effective at the time of
acceptance by the successor Trustee.
Section 7.06 Appointment of a Cotrustee
Any individual Trustee may appoint an individual or a corporate fiduciary as a Cotrustee.
A Cotrustee so named will serve only as long as the Trustee who appointed the Cotrustee
(or, if the Cotrustee was named by more than one Trustee acting together, by the last to
serve of those Trustees) serves, and that Cotrustee will not become a successor Trustee
upon the death, resignation, or incapacity of the Trustee who appointed the Cotrustee,
unless so appointed under the terms of my Will. The Trustee appointing a Cotrustee may
revoke the appointment at any time with or without cause.
Section 7.07 Corporate Fiduciaries
Any corporate fiduciary serving as a fiduciary under my Will must be a bank, trust
company, or public charity that is qualified to act as a fiduciary under applicable federal
and state law and that is not related or subordinate to any beneficiary within the meaning
of Section 672(c) of the Internal Revenue Code.
Section 7.08 Incapacity of a Trustee
If any individual Trustee becomes incapacitated, it will not be necessary for the
incapacitated Trustee to resign as Trustee. A written declaration of incapacity by the
Cotrustee, if any, or, if none, by the party designated to succeed the incapacitated
Trustee, if made in good faith, will terminate the trusteeship.
Section 7.09 Appointment of Independent Special Trustee
If for any reason the Trustee of any trust created under my Will is unwilling or unable to
act with respect to any trust property or any provision of my Will, the Trustee shall
appoint, in writing, a corporate fiduciary or an individual to serve; as an Independent
Special Trustee as to such property or with respect to such provision. The Independent
Special Trustee appointed may not be related or subordinate to any beneficiary of the
trust within the meaning of Section 672(c) of the Internal Revenue Code. The Trustee
may revoke the appointment at will.
Page 10
An Independent Special Trustee may exercise all fiduciary powers granted by my Will
unless expressly limited elsewhere in my Will or by the Trustee in the instrument
appointing the Independent Special Trustee. An Independent Special Trustee may resign
at any time by delivering written notice of resignation to the Trustee. Notice of
resignation will be effective in accordance with the terms of the notice.
Section 7.10 Majority Action of Trustees
If two Trustees are eligible to act with respect to a given matter, the concurrence of both
are required for action to be taken; if more than two Trustees are eligible to act with
respect to a given matter, the concurrence of a majority of my Trustees are required for
action to be taken.
A nonconcurring Trustee may dissent or abstain from a decision of the majority. A
Trustee is absolved from personal liability by registering its dissent or abstention in the
records of the trust. After doing so, the dissenting Trustee must then act with my other
Trustees in any way necessary or appropriate to effectuate the decision of the majority.
Notwithstanding any provision of my Will to the contrary, a Trustee may disclaim or
release, in whole or in part, by an instrument in writing, any power it holds as Trustee,
irrevocably or for any period of time that the Trustee may specify. The Trustee may
make the relinquishment of a power personal to the Trustee or may relinquish the power
for all subsequent Trustees.
Section 7.11 Disclaimer by Beneficiary Serving as Trustee
Notwithstanding any provision of my Will to the contrary, any beneficiary serving as a
Trustee may disclaim or release, in whole or in part, by an instnuent in writing, any
power such beneficiary holds as Trustee, irrevocably or for such period of time as such
Trustee may specify, without affecting the continuance of the power in any other Trustee.
Section 7.12 Exoneration of My Trustee
My Trustee is not obligated to examine the accounts, records or actions of any previous
fiduciary. My Trustee is in no way or manner to be held responsible for any act or
omission to act on the part of any previous fiduciary.
Unless my Trustee has received notice of removal, my Trustee may not be held liable to
any beneficiary for the consequences of any action taken by my Trustee that would have
been, but for the prior removal of my Trustee, a proper exercise by my Trustee of the
authority granted to my Trustee under my Will.
My Trustee may request and obtain from the beneficiaries or from their legal
representatives, agreements in writing releasing my Trustee from a~iy liability that may
have arisen from my Trustee's acts or omissions to act and indemnifying my Trustee
from liability for the acts or omissions. An agreement described iin this paragraph, if
acquired from all the living beneficiaries of my Will or from their legal representatives,
will be conclusive and binding upon all parties, born or unborn, who may have, or may in
the future acquire, an interest in my Will.
Page 11
My Trustee may require a refunding agreement before making any distribution or
allocation of the income or principal of a trust created under my Will and may withhold
distribution or allocation pending determination or release of a tax lien or other lien. This
refunding agreement provision will not apply to any distribution that qualifies for the
federal estate tax unlimited marital deduction or the federal'. estate tax charitable
deduction.
Section 7.13 Benefits Payable to My Trustee
My Trustee may exercise any right to determine the manner and timing of payment (by
lump sum or otherwise) of any benefits or assets payable by reason of my death to my
Trustee or to any trust created under my Will. This includes, but is not limited to, such
benefits under life insurance policies, employee benefit plans, retirement plans or other
contracts, plans or arrangements providing for payment or transfer at death to such trust.
My Trustee may not be held liable to any beneficiary for the death benefit election
selected.
My Trustee is not obligated to undertake litigation for collection of any benefits or assets
payable to such trust unless it is indemnified to its satisfaction against any liability and
expense of such litigation.
Persons or entities dealing in good faith with my Trustee are not required to see to the
proper application of proceeds delivered to my Trustee, or to inquire into any provision
of my Will. Payment to my Trustee and the receipt of or release by my Trustee will fully
discharge the person or entity making such payment.
Notwithstanding anything in my Will to the contrary, no benefits or assets payable by
reason of my death to my Trustee or to any trust created under my 'Will are subject to the
claims against my estate, nor are such benefits to be subject to the control of my Executor
nor be included in the property administered as a part of my probate estate.
Section 7.14 Certificate by Trustee
A written statement of the Trustee of any trust established under my Will at any time as
to any facts relative to the trust may always be relied upon and will always be conclusive
evidence in favor of any transfer agent and any other person dealing in good faith with
the Trustee in reliance upon such statement.
Section 7.15 Funeral and Other Expenses of Beneficiary
Upon the death of an Income Beneficiary of a trust created under my Will, my Trustee
may pay the funeral expenses, burial or cremation expenses, enforceable debts and other
expenses incurred due to the death of the beneficiary from trust property. This Section
only applies to the extent the Income Beneficiary has not exercised any testamentary
power of appointment granted to him under my Will.
My Trustee may rely upon any request by the personal representative or members of the
family of the deceased beneficiary for payment without verifying the validity or the
amounts and without being required to see to the application of the amounts so paid. My
Trustee may make decisions under this Section without regard to any limitation on
Page 12
payment of expenses imposed by statute or rule of court and may be made without
obtaining the approval of any court having jurisdiction over the administration of the
deceased beneficiary's estate.
Section 7.16 Trust Accounting
Except to the extent required by law, my Trustee is not required to file accountings in any
jurisdiction. Upon the written request of an Income Beneficiary of a trust created under
my Will, my Trustee must render an accounting to the Income Beneficiaries of that trust
during the accounting period that includes the date of the written re:quest.
The accounting must include the receipts, expenditures, and distributions from the trust
for which the accounting is prepared occurring during the accounting period. If a tax
return is prepared for a trust during a period for which a trust accounting is made, the
Trustee's accounting must include a copy of that tax return. If there is no tax return
prepared for the accounting period, the Trustee's accounting must include a balance sheet
itemizing the trust property and my Trustee's reasonable estimation of the value of the
assets held in the trust as of the date the accounting is completed.
In the absence of fraud or manifest error, the assent by all Income Beneficiaries to a
Trustee's accounting will make the matters disclosed in the accounting binding and
conclusive upon all persons, including those living on the date of m.y Will and those to be
born in the future who have, or will in the future have, a vested or contingent interest in
the trust property. In the case of an Income Beneficiary who pis a minor or who is
incapacitated, that beneficiary's natural guardian or legal representative may give the
assent required under this Section.
A beneficiary may object to an accounting rendered by my Trustee only if the beneficiary
gives written notice to my Trustee within 60 days after my Trustee renders the
accounting. Any beneficiary who does not submit a written objection to the accounting is
deemed to assent to the accounting.
My Trustee shall make the trust's financial records and documentation available to
beneficiaries at reasonable times and upon reasonable notice for inspection by the
beneficiaries. My Trustee is not required to furnish any information regarding my trust to
anyone other than a beneficiary. My Trustee may exclude any information that my
Trustee determines is not directly applicable to the beneficiary receiving the information.
Section 7.17 Authority to Merge or Sever Trusts
My Trustee may merge and consolidate a trust created under my Will with any other
trust, if the two trusts contain substantially the same terms for the same beneficiaries and
at least one Trustee in common.
My Trustee may administer the merged and consolidated trust as a single trust or unit. If,
however, a merger or consolidation does not appear feasible, my Trustee may consolidate
the assets of the trusts for purposes of investment and trust administration while retaining
separate records and accounts for each respective trust.
My Trustee may sever any trust on a fractional basis into two or more separate and
identical trusts or may segregate a specific amount or asset from the trust property by
Page 13
allocation to a separate account or trust. The separate trusts may be funded on a non pro
rata basis provided that funding is based on the total fair market value of the assets on the
date of funding. Income earned on a segregated amount or ;specific asset after the
segregation passes with the amount or asset segregated. My 'Trustee shall hold and
administer each separate trust upon terms and conditions substantially identical to those
of the trust from which it was severed.
Subject to the terms of the trust, my Trustee may consider differences in federal tax
attributes and other pertinent factors in administering the trust property of any separate
account or trust, in making applicable tax elections, and in making distributions. A
separate trust created by severance must be treated as a separates trust for all purposes
from the date on which the severance is effective; however, the effective date of
severance may be retroactive to a date before the date on which my Trustee exercises the
power.
Section 7.18 Authority to Terminate Trusts
If, at any time, my Independent Trustee, in its sole and absolute discretion, determines
that a trust created under my Will is no longer economical or is otherwise inadvisable to
administer as a trust, or if my Independent Trustee deems it to be in the best interest of
my beneficiaries, my Independent Trustee, without further responsibility, may terminate
the trust and distribute the trust property, including any undistributed net income, in the
following order of priority:
To the beneficiaries then entitled to mandatory distributions of net income
of the trust and in the same proportions; and
If none of the beneficiaries are entitled to mandatory distributions of net
income, to the beneficiaries then eligible to receive discretionary
distributions of net income of the trust, in such amounts and shares as my
Independent Trustee may determine.
Section 7.19 Changing the Governing Law and Situs of Administration
My Trustee may, at any time, change the governing law of any tn.~st created under my
Will, remove all or any part of the property or the situs of administration of the trust from
one jurisdiction to another, or both. My Trustee may elect, by filing an instrument with
the trust records, that the trust will thereafter be construed, regulated and governed as to
administration by the laws of the new jurisdiction. My Trustee may take action under
this Section for any purpose my Trustee deems appropriate, including the minimization
of any taxes in respect of the trust or any beneficiary of such trust, and may do so with or
without providing notice to any beneficiary.
If necessary, or if deemed advisable by my Tnastee, my Trustee shall appoint an
Independent Trustee to serve as tnastee in the new situs.
If necessary, and if my Tnastee does not appoint an Independent Tnistee within 30 days
of my Trustee's action to change the governing law or situs of the tnzst, the beneficiaries
entitled to receive distributions of net income under the trust may, by majority consent,
appoint a corporate fiduciary in the new situs. If a beneficiary is a minor or is
Page 14
incapacitated, the parent or legal representative of the beneficiary may act on behalf of
the beneficiary.
Article Eight
General Administrative Provisions
The provisions of this Article apply to my probate estate and to any trust created under
my Will.
Section 8.01 No Bond
No Fiduciary is required to fiunish any bond for the faithful performance of the
Fiduciary's duties, unless required by a court of competent jurisdiction and only if the
court finds that a bond is needed to protect the interests of the beneficiaries. No surety is
required on any bond required by any law or rule of court, unless the court specifies that a
surety is necessary.
Section 8.02 Fiduciary Compensation
An individual serving as my Fiduciary is entitled to fair and reasonable compensation for
the services rendered as a fiduciary. A corporate Fiduciary is to be compensated by
agreement with an individual Fiduciary or, in the absence of an individual Fiduciary or in
the absence of an agreement, in accordance with the corporate ]Fiduciary's published
schedule of fees in effect at the time the services are rendered.
My Fiduciary may charge additional fees for services it provides that are not comprised
within its duties as my Fiduciary such as fees for legal services, tax return preparation
and corporate finance or investment banking services.
In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under my Will.
Section 8.03 Employment of Professionals
My Fiduciary may appoint, employ and remove, at any time and from time to time,
investment advisors, accountants, auditors, depositories, custodians, brokers, consultants,
attorneys, expert advisers, agents, and employees to advise or assist the Fiduciary in the
performance of its duties. My Fiduciary may act upon the recommendations of the
persons or entities employed with or without independent investigation.
My Fiduciary may reasonably compensate an individual or entity employed to assist or
advise my Fiduciary regardless of whether the person or entity is a fiduciary under my
Will or a corporate affiliate of a fiduciary and regardless of whether the entity is one in
which a fiduciary is a partner, member, stockholder, officer, director or corporate affiliate
or has any other interest.
My Fiduciary may pay the usual compensation for services contracted for under this
Section out of principal or income of the trust as my Fiduciary may deem advisable. My
Page 15
Fiduciary may pay compensation to an individual or entity employed to assist or advise
my Fiduciary without diminution of or charging the same against the compensation to
which the fiduciary is entitled under my Will. Any fiduciary who is a partner,
stockholder, officer, director or corporate affiliate in any entity employed to assist or
advise my Fiduciary may nonetheless receive the fiduciary's share of the compensation
paid to the entity.
Section 8.04 Determination of Principal and Income
The Pennsylvania Principal and Income Act will govern beneficiaries' rights among
themselves in matters concerning principal and income. If the Pemisylvania Principal and
Income Act contains no provision concerning a particular item, my Fiduciary shall
determine in a fair, equitable and practical manner what will be credited, charged, and
apportioned between principal and income.
Section 8.05 Spendthrift Trust Provision
This will, and all Trusts created hereunder, are intended to qualify as Spendthrift Trusts.
In addition, all interests in this will, or in any Trust hereunder, are intended for the
personal protection and welfare of Grantor's named beneficiaries, and no beneficiary
shall be allowed to voluntarily or involuntarily assign or anticipate his or her interest in
the income or principal of this will or any Trust hereunder, and no teneficiary's creditors,
nor a spouse or former spouse of any beneficiary, shall be allowed to attach or otherwise
reach any such interest before actual payment to the beneficiary.
If any beneficiary shall become the subject of a judgment or court order, then during the
period in which such judgment or court order remains in effect, ;;uch beneficiary shall
only be permitted to receive distributions from any Trust created for the benefit of such
beneficiary at the discretion of the Trustees. This limitation as to the right of a
beneficiary to receive a distribution shall apply notwithstanding any provisions within the
trust for such beneficiary which authorize distributions for the health, education, support
or maintenance of such beneficiary. In addition, if any beneficiary shall become the
subject of a judgment or court order, and such beneficiary is only entitled to discretionary
distributions from a Trust created for their benefit, it shall not be an abuse of discretion
by the Trustees to withhold distributions to such beneficiary while such judgment or
court order is in effect.
If the Trustees determine that a beneficiary would not benefit as greatly from any outright
distribution of Trust income or principal because of the availability of the distribution to
the beneficiary's creditors, the Trustees shall instead expend those amounts for the
benefit of the beneficiary. This direction is intended to enable the Trustees to give the
beneficiary the maximum possible benefit and enjoyment of all of tlhe Trust income and
principal to which the beneficiary is entitled.
Nothing contained in this Section shall restrict in any way the exerc:ise of any power of
appointment granted in this agreement.
Page 16
Section 8.06 Distributions to Incapacitated Persons and Persons Under
Twenty-Five Years of Age
If my Fiduciary is directed to distribute any share of my probate estate or trust principal
to a beneficiary who is under the age of 25 years or is in the opinion of my Fiduciary,
under any form of incapacity that renders the beneficiary unable to administer
distributions properly when the distribution is to be made, and if no other trust is then to
be held under my Will for the beneficiary's primary benefit, my Fiduciary may, as
Trustee, in my Fiduciary's discretion, continue to hold the beneficiary's share as a
separate trust until the beneficiary reaches the age of 25 or overcomes the incapacity.
When the beneficiary reaches the age of 25 or overcomes the incapacity, my Fiduciary
shall distribute the beneficiary's trust to him or her, outright free ol'trust.
While any trust is being held under this Section, my Trustee shall pay to the beneficiary
for whom the trust is held such amounts of the net income and principal as the fiduciary
determines to be necessary or advisable for the beneficiary's health, education,
maintenance and support.
Upon the death of the beneficiary, my Trustee shall distribute any remaining property in
the trust, including any accrued and undistributed income, to the be:neficiary's then living
descendants, per stirpes, or, if none, to my then living descendants., per stirpes. If I have
no then living descendants the property is to be distributed under the provisions of Article
Five entitled "Remote Contingent Distribution."
Section 8.07 Representative of a Beneficiary
The guardian of the person of a beneficiary may act for such beneficiary for all purposes
under my Will or may receive information on behalf of such beneficiary.
Section 8.08 Distributions to Beneficiaries
Whenever my Will authorizes or directs my Fiduciary to make a distribution of net
income or principal to a beneficiary, my Fiduciary may apply fir the benefit of the
beneficiary any property that otherwise could be distributed directly to the beneficiary.
My Fiduciary does not have a responsibility to inquire into the beneficiary's ultimate
disposition of the distributed property unless specifically directed otherwise by my Will.
My Fiduciary may make distributions in cash or in kind, or partly iri each, in proportions
and at values determined by my Fiduciary. My Fiduciary may allocate undivided
interests in specific assets to a beneficiary or trust in any proportion or manner that my
Fiduciary determines, even though the property allocated to one beneficiary may be
different from that allocated to another beneficiary.
My Fiduciary may make these determinations without regard to the iincome tax attributes
of the property and without the consent of any beneficiary.
Section 8.09 Ancillary Administration
In the event ancillary administration is required or desired and my domiciliary Executor
is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor will have
the power to designate, compensate, and remove the ancillary fiduciary. The ancillary
Page 17
fiduciary may be either a natural person or a corporation. My domiciliary Executor may
delegate to such ancillary fiduciary such powers granted to my c>riginal Executor as my
Executor may deem proper, including the right to serve without bond or surety on bond.
The net proceeds of the ancillary estate are to be paid over to the domiciliary Executor.
Section 8.10 Delegation of Authority; Power of Attorney
Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right
to exercise any power, including a discretionary power, granted the Fiduciary in my Will.
During the time a delegation under this Section is in effect, the :Fiduciary to whom the
delegation was made may exercise the power to the same extent as if the delegating
Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary
may revoke the delegation at any time by giving written notice to the Fiduciary to whom
the power was delegated.
The Fiduciary may execute and deliver a revocable or irrevocable power of attorney
appointing any individual or corporation to transact any and all business on behalf of the
trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers,
and discretion that the Fiduciary could have exercised.
Section 8.11 Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Fiduciary under my Will is merged with or
transfers substantially all of its trust assets to another corporation or if a corporate
fiduciary changes its name, the successor shall automatically succeed to the position of
my Fiduciary as if originally named my Fiduciary. No documenl: of acceptance of the
position of my Fiduciary shall be required.
Article Nine
Powers of My Fiduciaries
Section 9.01 General Grant of Powers
My Fiduciary may perform every act reasonably necessary to administer my estate and
any trust. My Fiduciary may execute and deliver any and all instruments in writing,
which my Fiduciary considers necessary to carry out any of the powers granted under my
Will.
Section 9.02 Investment Powers in General
My Fiduciary may invest in any type of investment that my Fiduciary determines is
consistent with the investment goals of my estate or any trust, whether inside or outside
the geographic borders of the United States of America and its possf:ssions or territories,
taking into account the trust's overall investment portfolio.
Without limiting my Fiduciary's investment authority in any way, I request that my
Fiduciary exercise reasonable care and skill in selecting and retaining investments. I also
Page 18
request that my Fiduciary take into account the following factors i.n choosing investments
for my estate or any trust:
The potential return from the investment, both in the form of income and
appreciation;
The potential income tax consequences of the investment;
The investment's potential for volatility; and
The role the investment will play in my estate or the trust's portfolio.
I request that my Trustee, in arranging the investment portfolio of any trust, also consider
the possible effects of inflation or deflation, changes in global and U.S. economic
conditions, transaction expenses, and the trust's need for liquidity.
My Fiduciary may delegate its discretion
investment adviser or corporate fiduciary.,
Section 9.03 Banking Powers
to manage investments to any registered
My Fiduciary may establish bank accounts of any type in one or more banking
institutions that my Fiduciary may choose. My Fiduciary may open accounts in the name
of my Fiduciary (with or without disclosing fiduciary capacity) or in the name of my
estate or the trust. When an account is in the name of my estate or the trust, checks on
that account and authorized signatures need not disclose the fiduciary nature of the
account or refer to my estate, any trust or Fiduciary.
An account from which my Fiduciary makes frequent disbursements need not be an
interest bearing account. My Fiduciary may authorize withdrawals from an account by
check, draft or other instrument or in any other manner.
Section 9.04 Contract Powers
My Fiduciary may sell at public or private sale, transfer, exchange fir other property, and
otherwise dispose any property contained in my probate estate or any trust for
consideration and upon terms and conditions that my Fiduciary deems advisable. My
Fiduciary may grant options of any duration for any such sales, exchanges, or transfers of
trust property.
My Fiduciary may enter into contracts, and may deliver deeds or other instruments, as my
Fiduciary deems appropriate.
Section 9.05 Common Investments
For purposes of convenience with regard to the administration and investment of any
trust, my Trustee may invest part or all of the property jointly with trust property of other
trusts for which my Trustee is also serving as a Trustee. For this purpose, a corporate
fiduciary acting as my Trustee may use common funds for investment.
When trust property is managed and invested in this manner, my Trustee shall maintain
records that sufficiently identify that portion of the jointly invested assets that constitute
the property of the trust.
Page 19
Section 9.06 Litigation and Settlement Powers
My Fiduciary, in its discretion and at the expense of my probate estate or the trust, may
institute, join, compromise, settle dismiss and defend any probate or trust property in any
judicial or administrative proceeding. This includes specifically, but not limited to
proceedings or class actions brought against any public entity or government agency or
brought by any such entity for attachment, recoupment, levy, invasion, reformation, or
access of any kind to property of my probate estate or a trust. My Fiduciary may retain
such legal counsel and ancillary personnel, as my Fiduciary deems appropriate in the
exercise of its discretion.
Section 9.07 Loans and Borrowing Powers
My Fiduciary may make secured or unsecured loans to any person (including a
beneficiary), entity, trust or estate, for any term or payable on demand, with or without
interest. My Fiduciary may enter into or modify the terms of anv mortgage or security
agreement granted in connection with any loan and may release or foreclose on the
mortgage or security.
My Fiduciary may borrow money at interest rates and on other terms that it deems
advisable from any person, institution or other source including, in 'the case of a corporate
fiduciary, its own banking or commercial lending department.
My Fiduciary may encumber estate and trust property by mortgages, pledges and other
hypothecation and shall have the power to enter into any mortgage, whether as a
mortgagee or mortgagor even though the term may extend beyond the termination of the
trust and beyond the period that is required for an interest created under my Will to vest
in order to be valid under the rule against perpetuities.
My Fiduciary may purchase, sell at public or private sale trade renew modify
extend mortgages. My Fiduciary may accept deeds in lieu of foreclosure. ~ ~ and
Section 9.08 Nominee Powers
My Fiduciary may hold real estate, securities and any other estate o;r trust property in the
name of a nominee or in any other form without disclosing the existf;nce of my estate, the
trust or fiduciary capacity.
Section 9.09 Payment of Taxes and Expenses
Except as otherwise provided in my Will, my Fiduciary may pa;y all property taxes,
assessments, fees, charges, and other expenses incurred in the administration or
protection of my estate or any trust. All payments will be a charge against estate or the
trust, as the case may be, and are to be paid out of income and to the extent that income is
insufficient, then out of principal. The determination of my Fiduciary with respect to the
payment of expenses will be conclusive upon the beneficiaries.
Section 9.10 Qualified Tuition Programs
My Trustee may purchase tuition credits or certificates or make contributions to an
account in one or more qualified tuition programs as defined under Section 529 of the
Page 20
Internal Revenue Code on behalf of a beneficiary for the purpose of meeting the qualified
higher education expenses of the beneficiary. With respect to an :interest in any qualified
tuition program, my Trustee is authorized to act as contributor (or similar designation
given to the person who maintains control of an interest in the qualified tuition program)
and take any and all actions to administer the interest, including, without limitation, the
following:
To designate and change the designated beneficiary of the interest in the
qualified tuition program;
To request withdrawals, both qualified and nonqualified;
To select among investment options and to reallocate funds in the interest
in the qualified tuition program among different investment options;
To make rollovers to another qualified tuition program; and
To determine the allocation of any tax benefits or penalties to the
beneficiaries of the trust.
Notwithstanding anything in this paragraph to the contrary, the designated beneficiary at
all times must be a beneficiary of the trust from which the funds were distributed to
establish the interest in the qualified tuition program. A Trustee's investment in a
qualified tuition program is not to be considered a delegation of investment responsibility
under any applicable statute or other law.
Section 9.11 Real Estate Powers
My Fiduciary may sell at public or private sale, purchase, exchange, lease for any period,
mortgage, manage, alter, improve and in general deal in and with real property in such
manner and on such terms and conditions as my Fiduciary deems appropriate.
My Fiduciary may grant or release easements in or over, subdivide, partition, develop,
raze improvements, and abandon, any real property.
My Fiduciary may manage real estate in any manner that my Fiduciary deems best and
shall have all other real estate powers necessary for this purpose.
My Fiduciary may enter into contracts to sell real estate. My Fiduciary may enter into
leases and grant options to lease trust property even though the term of the agreement
extends beyond the termination of a trust and beyond the period that is required for an
interest created under my Will to vest in order to be valid under the rule against
perpetuities. For such purposes, my Fiduciary may enter into any contracts, covenants
and warranty agreements that my Fiduciary deems appropriate.
Section 9.12 Retention and Abandonment of Trust Property
My Fiduciary may retain, without liability for depreciation or loss resulting from
retention, any property contained in my estate or any trust at the time: of its creation or as
the result of the exercise of a stock option. My Fiduciary may retain property,
notwithstanding the fact that the property may not be of the character prescribed by law
for the investment of assets held by a fiduciary, and notwithstanding the fact that
Page 21
retention may result in inadequate diversification under any applicable Prudent Investor
Act or other applicable law.
My Fiduciary may hold property that is non-income producing or is otherwise
nonproductive if holding the property is, in the sole and absolute discretion of my
Fiduciary, in the best interests of the beneficiaries. My Fiduciary may retain a reasonable
amount in cash or money market accounts in order to pay anticipated expenses and other
costs and to provide for anticipated distributions to or for the benei-it of a beneficiary.
My Fiduciary may abandon any trust property that my Fiduciary deems to be of
insignificant value.
Section 9.13 Securities, Brokerage and Margin Powers
My Fiduciary may buy, sell, trade and otherwise deal in stocks, bonds, investment
companies, mutual funds, common trust funds, commodities, options and other securities
of any kind and in any amount, including short sales. My Fiduciary may write and
purchase call or put options, and other derivative securities. My Fiduciary may maintain
margin accounts with brokerage firms and may pledge securities to secure loans and
advances made to my Fiduciary or to or for the benefit of a beneficiary.
My Fiduciary may place all or any part of the securities held by my estate or a trust in the
custody of a bank or trust company. My Fiduciary may have all securities registered in
the name of the bank or trust company or in the name of its nominee. My Fiduciary may
appoint the bank or trust company as the agent or attorney in fact to collect, receive,
receipt for and disburse any income and generally to perform the duties and services
incident to a custodian of accounts.
My Fiduciary may employ abroker-dealer as a custodian for securities held by my estate
or the trust and may register the securities in the name of the broker-dealer or in the name
of a nominee with or without the addition of words indicating that 1:he securities are held
in a fiduciary capacity. My Fiduciary may hold securities in bearer or uncertificated form
and may use a central depository, clearing agency or book-entry system, such as The
Depository Trust Company, Euroclear or the Federal Reserve Bank of New York.
My Fiduciary may participate in any reorganization, recapitalization, merger or similar
transaction. My Fiduciary may exercise or sell conversion or subscription rights for
securities of all kinds and description.
My Fiduciary may give proxies or powers of attorney that may be discretionary and with
or without powers of substitution. My Fiduciary may vote or refrain from voting as to
any matter.
Section 9.14 Tangible Personal Property and Residences
My Fiduciary may acquire, maintain and invest in articles of tangibl'.e personal property,
whether or not the property is income producing, and may pay the expenses of the repair
and maintenance of the property.
My Fiduciary does not have a duty to convert the property referred to in this Section to
productive property except as required by other provisions of my Will.
Page 22
My Fiduciary may not be held liable for any depreciation or loss as a result of the
retention of any property retained or acquired under the authority of this Section.
My Trustee may acquire, maintain and invest in any residence for the use and benefit of
the beneficiaries of the trust, whether or not the residence is income producing and
without regard to the proportion that the value of the residence may bear to the total value
of the trust property and even if retaining the residence involves financial risks that
trustees would not ordinarily incur. My Trustee may pay or make arrangements for
others to pay all carrying costs of the residence, including, but: not limited to, taxes,
assessments, insurance, expenses of maintaining the residence in suitable repair, and
other expenses relating to the operation of the residence for the benefit of the
beneficiaries.
My Trustee may permit any Income Beneficiary of the trust to occupy any real property
or use any personal property owned by the trust on terms or arrangements that my
Trustee may determine, including rent free or in consideration for the payment of taxes,
insurance, maintenance, repairs, or other charges.
Section 9.15 Fiduciaries' Powers Act
In addition to all of the above powers, my Fiduciaries may, without prior authority from
any court, exercise all powers conferred by my Will or by common law or by the
Pennsylvania Probate, Estates and Fiduciaries Code or other statute of the
Commonwealth of Pennsylvania or any other jurisdiction whose law applies to my Will.
My Executor has absolute discretion in exercising these powers. :Except as specifically
limited by my Will, these powers extend to all property held by my fiduciaries until the
actual distribution of the property.
Section 9.16 Alternative Distribution Methods
My Fiduciary may make any payment provided for under my Will or under the terms of
any trust established under my Will as follows:
Directly to the beneficiary;
In any form allowed by applicable state law for gifts or transfers to minors
or persons under a disability;
To the beneficiary's guardian, conservator, agent under a durable power of
attorney or caregiver for the benefit of the beneficiary; or
By direct payment of the beneficiary's expenses, made in a manner
consistent with the proper exercise of the fiduciary's duties Hereunder. A
receipt by the recipient for any such distribution fully discharges my
Fiduciary.
Section 9.17 Limitation on My Trustee's Powers
All powers granted to my Trustee under my Will or by applicable law are limited as set
forth in this Section, unless explicitly excepted by reference to this Section.
Page 23
An Interested Trustee may not exercise or participate in the exercise of discretion with
respect to the distribution of income or principal, or the termination of the trust to or for
the benefit of a beneficiary, to the extent that the exercise of such discretion is other than
for the health, education, maintenance or support of a beneficiary as described under
Sections 2041 and 2514 of the Internal Revenue Code.
Article Ten
Provisions for Payment of Debts, Expenses and Taxes
A. _~•
An Interested Trustee may not exercise or participate in the exercise of discretion with
respect to the distribution of income or principal, or the termination of the trust to or for
the benefit of a beneficiary, to the extent that the exercise of such discretion is other than
for the health, education, maintenance or support of a beneficiary as described under
Sections 2041 and 2514 of the Internal Revenue Code.
Article Ten
Provisions for Payment of Debts, Expenses and Taxes
Section 10.01 Payment of Debts and Expenses
I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as
practicable after my death.
Section 10.02 No Apportionment
Except as otherwise provided in this Article or elsewhere in my will, my Executor shall
provide for payment of all estate, inheritance and succession taxes :payable by reason of
my death ("death taxes") from my residuary estate as an administrative expense without
apportionment and will not seek contribution toward or recovery of any death tax
payments from any individual.
Section 10.03 Property Passing Outside of My Will
Except as to Qualified Retirement Benefits, death taxes imposed wi1;h respect to property
included in my gross estate for purposes of computing the tax and passing other than by
my Will are to be apportioned among the persons and entities benefited in the proportion
that the taxable value of the property or interest bears to the total taxable value of the
property and interests received by all persons benefited. The values to be used for the
apportionment are the values as finally determined under federal, state, or local law as the
case may be.
Section 10.04 Tax Elections
In exercising any permitted elections regarding taxes, my fiduciaries may make any
decisions that they deem to be appropriate in any circumstances, acid my fiduciaries are
not required to make any compensatory adjustment as a consequence of any election. My
Executor may also execute joint tax returns and pay taxes or interest and deal with any
tax refunds, interest, or credits as my Executor deems to be necessary or advisable,
whether in the interest of the other joint tax payer or in the interest of~my estate.
My Executor may make any elections relative to the "Deceased Spousal Unused
Exclusion Amount" to the extent and amount allowable under Sections 2010(c)(4) and
(5) of the Internal Revenue Code, all as my Executor deems appropriate under then
prevailing circumstances.
Page 24
My Executor, in its sole and absolute discretion, may elect to haves all, none, or part of the
property comprising my estate for federal estate tax purposes qualify for the federal estate
tax marital deduction as qualified terminable interest property under Section 2056(B)(7)
of the Internal Revenue Code (the "QTIP election") and for any state death tax marital
deduction under the law of any state (the "state QTIP Election"). My Executor is not
required to make the same election for both federal estate tax purposes and for state death
tax purposes. If my Executor makes a partial QTIP election, my Executor shall divide
the trust on the basis of the fair market value of the assets of the trust at the time of the
division.
My Executor, in his or her sole and absolute discretion, may make any adjustments to the
basis of my assets authorized by law, including but not limited to increasing the basis of
any property included in my gross estate, whether or not passing under my Will, by
allocating any amount by which the basis of my assets may be increased. My Executor is
not required to allocate basis increase exclusively, primarily or at all to assets passing
under my Will as opposed to other property included in my gros:> estate. My Executor
may elect, in his or her sole and absolute discretion, to allocate basis increase to one or
more assets that my Executor receives or in which my Executor has a personal interest, to
the partial or total exclusion of other assets with respect to which such allocation could be
made. My Executor may not be held liable to any person for the exercise of his or her
discretion under this Section.
Article Eleven
Definitions and General Provisions
Section 11.01 Cremation Instructions
I wish that my remains be cremated in accordance with any known instructions left by
me, whether in writing or orally given to any family member. If :[ have failed to leave
instructions regarding the cremation of my remains, I wish that my remains be cremated
and my ashes disbursed as my Executor sees fit.
Section 11.02 Definitions
For purposes of my Will and for the purposes of any trust established under my Will, the
following definitions apply:
(a) Adopted and Afterborn Persons
A legally adopted person in any generation and his or her descendants,
including adopted descendants, will have the same rights and will be
treated in the same manner under my Will as natural children of the
adopting parent, provided the person is legally adopted before attaining
the age of 18 years. A person will be deemed to be legally adopted if the
adoption was legal in the jurisdiction in which it occurred at the time that
it occurred.
Page 25
(b) Descendants
The term "descendants" means any one or more person who follows in
direct descent (as opposed to collateral descent) from a person, such as a
person's children, grandchildren, or other descended individuals of any
generation.
(c) Education
The team "education" is intended to be an ascertainable standard in
accordance with Section 2041 and Section 2514 of the Internal Revenue
Code. The definition includes, but is not limited to:
Enrollment at private elementary, junior, and senior high
school, including boarding school;
Undergraduate and graduate study in any field at a college
or university;
Specialized, vocational, or professional training or
instruction at any institution, including private instruction;
and
Any other curriculum or activity that my Trustee deems to
be useful for developing the abilities and interests of a
beneficiary including, without limitation, athletic training,
musical instruction, theatrical training, the arts, and travel.
The term "education" also includes distributions made by my Trustee for
expenses such as tuition, room and board, fees, books and supplies,
tutoring and transportation, and a reasonable allowance for living
expenses.
(d) Fiduciary
"Fiduciary" or "Fiduciaries" refer to my Executor and my Trustee, or if
they are different persons, either of them. My "Executor" includes any
executor, ancillary executor, administrator, or ancillary ,administrator,
whether local or foreign, and whether of all or part of my estate, multiple
Executors, and their successors.
Except as otherwise provided in this Last Will and Testamer.~t, a fiduciary
has no liability to any party for action (or inaction) taken in good faith.
(e) Good Faith
For the purposes of this Last Will and Testament, a fiduciary has acted in
good faith if (i) its action or inaction is not a result of intentional
wrongdoing, (ii) the fiduciary did not make the decision with reckless
indifference to the interests of the beneficiaries, and (iii) its action or
inaction does not result in an improper personal pecuniary benefit to the
fiduciary.
Page 26
(f) Incapacity
Except as otherwise provided in my Will, a person is deemed to be
incapacitated in any of the following circumstances.
(1) The Opinion of Two Licensed Physicians
An individual is deemed to be incapacitated whenever, in
the opinion of two licensed physicians, the individual is
unable to effectively manage his or her property or
financial affairs, whether as a result of age, illness, use of
prescription medications, drugs or other substances, or any
other cause.
An individual is deemed to be restored to capacity
whenever the individual's personal or attending physician
provides a written opinion that the individual is able to
effectively manage his or her property and financial affairs.
(2) Court Determination
An individual is deemed to be incapacitated if a court of
competent jurisdiction has declared the individuals to be
disabled, incompetent or legally incapacitated.
(3) Detention, Disappearance or Absence
An individual is deemed to be incapacitated whenever he or
she cannot effectively manage his or her property or
financial affairs due to the individual's unexplained
disappearance or absence for more than 30 days, or
whenever he or she is detained under duress.
An individual's disappearance, absence or detention under
duress may be established by an affidavit of any fiduciary.
The affidavit must describe the circumstances of an
individual's detention under duress, disappearance, or
absence and may be relied upon by any third party dealing
in good faith with my fiduciary in reliance upon the
affidavit.
An individual's disappearance, absence, or detention under
duress may be established by an affidavit of my Executor.
(g) Income Beneficiary
The term "Income Beneficiary" means any beneficiary who is then
entitled to receive distributions of the net income of the trust, whether
mandatory or discretionary.
Unless otherwise provided in my Will, the phrase "majority of the Income
Beneficiaries" means any combination of Income Beneficiaries who, if all
accrued net income were distributed on the day of a vote by the
Page 27
beneficiaries, would receive more than 50% of the accrued net income.
For purposes of this calculation, beneficiaries who are eligible to receive
discretionary distributions of net income shall be deemed to receive the
income in equal shares.
References to a "majority" refer to a majority of the entire trust
collectively until my Trustee allocates property to separate trusts or trust
shares. After the allocation of property to separate trusts or trust shares,
references to a "majority" refer to a majority of each separate trust or trust
share.
(h) Independent Trustee
The teen "Independent Trustee" means any Trustee ~vho is not an
Interested Trustee as defined in subsection (i) and includes an Independent
Special Trustee appointed under the provisions of Section 7.09. Whenever
a power or discretion is granted exclusively to my Independent Trustee
then any Interested Trustee who is then serving as my Trustee is
prohibited from participating in the exercise of the power or discretion. If
there is no Independent Trustee serving, then an Independent Special
Trustee may be appointed under the provisions of Section 7.09 to exercise
the power or discretion that is exercisable only by m;y Independent
Trustee.
(i) Interested Trustee
The term "Interested Trustee" means a Trustee who (1) is .a transferor or
beneficiary; (2) is related or subordinate to a transferor or beneficiary; (3)
can be removed and replaced by a transferor with either the transferor or a
party who is related or subordinate to the transferor; or (4) can be removed
and replaced by a beneficiary with either the beneficiary or ;a party who is
related or subordinate to the beneficiary.
For purposes of this subsection, (1) "transferor" means a person who
transferred property to the trust, including a person whose disclaimer
resulted in property passing to the trust; (2) "beneficiary" means a person
who is or in the future may be eligible to receive income or principal from
the trust pursuant to the terms of the trust, even if such person has only a
remote contingent remainder interest in the trust, but not if' the person's
only interest is as a potential appointee under a power of appointment; and
(3) "related or subordinate" means related or subordinate within the
meaning of Section 672(c) of the Internal Revenue Code.
Whenever this agreement specifically prohibits an Interested Trustee from
exercising discretion or performing an act or specifically limits discretion
or the performance of an act to an Independent Trustee, then any
Interested Trustee serving as my Trustee is prohibited from participating
in the exercise of that discretion or performance of that act. :[f there is no
Trustee serving that is not an Interested Trustee, then an Independent
Page 28
Special Trustee may be appointed under the provisions of Section 7.09 to
exercise the discretion or perform the act.
(j) Internal Revenue Code
References to the "Internal Revenue Code" or to its provisions are to the
Internal Revenue Code of 1986, as amended from time to time, and the
corresponding Treasury Regulations, if any. References to the "Treasury
Regulations," are to the Treasury Regulations under the Internal Revenue
Code in effect from time to time. If a particular provision of the Internal
Revenue Code is renumbered, or the Internal Revenue Code is superseded
by a subsequent federal tax law, any reference will be deerned to be made
to the renumbered provision or to the corresponding provision of the
subsequent law, unless to do so would clearly be contrary to my intent as
expressed in my Will. The same rule applies to references to the Treasury
Regulations.
(k) Legal Representative
As used in my Will, the term "legal representative" means a person's
guardian, conservator, personal representative, executor, administrator,
Trustee, or any other person or entity personally representing a person or
the person's estate.
(I) Per Stirpes
Whenever a distribution is to be made to a person's descendants per
stirpes, the distribution will be divided into as many equal shares as there
are then-living children of that person and deceased children of that person
who left then-living descendants. Each then-living child will receive one
share and the share of each deceased child will be divided among the
deceased child's then-living descendants in the same manner.
(m) Primary Beneficiary
The Primary Beneficiary of a trust created under this agreement is the
oldest Income Beneficiary of that trust unless some other individual is
specifically designated as the Primary Beneficiary of that separate trust.
(n) Qualified Retirement Plan
The term "qualified retirement plan" means a plan qualified sunder Section
401 of the Internal Revenue Code, an individual retirement arrangement
under Section 408 or Section 408A or atax-sheltered annuity under
Section 403. The term "qualified retirement benefits" means the amounts
held in or distributed pursuant to a plan qualified under Section 401, an
individual retirement arrangement under Section 408 or Section 408A, a
tax-sheltered annuity under Section 403 or any other benefit subject to the
distribution rules of Section 401(a)(9).
Page 29
(o) Shall and May
Unless otherwise specifically provided in my Will or by the context in
which used, I use the word "shall" in my Will to command, direct or
require, and the word "may" to allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act in its sole and absolute discretion unless otherwise stated
in my Will.
(p) Trust
The term "trust," refers to any trusts created under the terms of my Will.
(q) Trustee
The term "my Trustee" refers to any person or entity that is from time to
time acting as the Trustee and includes each Trustee individually, multiple
Trustees, and their successors.
(r) Trust Property
The term "trust property" means all property held by a Tnistee under my
Will, including all property that my Trustee may acquire from any source.
(s) Other Definitions
Except as otherwise provided in my Will, terms shall be as defined in the
Pennsylvania Probate, Estates and Fiduciaries Code as amended after the
date of my Will and after my death.
Section 11.03 Contest Provision
If any person directly or indirectly attempts to contest or oppose the validity of my Will,
(including any codicil to my Will), or commences, continues or prosecutes any legal
proceedings to set my Will aside, then that person will forfeit his or her share, cease to
have any right or interest in my estate, and will, for purposes of m;y Will, be deemed to
have predeceased me.
Section 11.04 Survivorship Presumption
If any beneficiary is living at my death, but dies within 30 days thereafter, then the
beneficiary will be deemed to have predeceased me for all purposes of my Will.
Section 11.05 General Provisions
The following general provisions and rules of construction apply to my Will:
(a) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular may be
construed as plural and words of the plural may be construed as denoting
the singular. Words of one gender may be construed as denoting another
gender as is appropriate within the context. The word "or" when used in a
Page 30
list of more than two items may function as both a conjunction and a
disjunction as the context requires or permits.
(b) Headings of Articles, Sections, and Subsections
The headings of Articles, Sections, and subsections used within my Will
are included solely for the convenience and reference of tYie reader. They
have no significance in the interpretation or construction of my Will.
(c) Governing State Law
My Will shall be governed, construed and administered according to the
laws of the Commonwealth of Pennsylvania as from time to time
amended. Questions of administration of any trust established under my
Will are to be determined by the laws of the situs of administration of that
trust.
(d) Notices
Unless otherwise stated, whenever my Will calls for notice, the notice will
be in writing and will be personally delivered with proof of delivery, or
mailed postage prepaid by certified mail, return receipt requested, to the
last known address of the party requiring notice. Notice will be effective
on the date personally delivered or on the date of the return receipt. If a
party giving notice does not receive the return receipt but has proof that he
or she mailed the notice, notice will be effective on the date it would
normally have been received via certified mail. If notice is required to be
given to a minor or incapacitated individual, notice will be given to the
parent or legal representative of the minor or incapacitated individual.
(e) Severability
The invalidity or unenforceability of any provision of my Will does not
affect the validity or enforceability of any other provision of my Will. If a
court of competent jurisdiction determines that any provisiion is invalid,
the remaining provisions of my Will are to be interpreted and construed as
if any invalid provision had never been included in my Will.
I, Karen M. Ulsh, having signed this Will in the presence of ~ ~/ l (~
-~cxnr~
and 1 f~~, ~ _ ~1 ~~ who attested it at my request on this day,
-_l~~~~~ , 2012, at Harrisburg, Pennsylvania, declare this to be my Last
Will and Testament.
h ~
~~~; ~
Kar n M. Ulsh, Testatrix
Page 31
The above and foregoing Will of Karen M. Ulsh was declared by Karen M. Ulsh in our
view and presence to be her Will and was signed and subscribed by the said Karen M.
Ulsh in our view and presence and at her request and in the view and presence of Karen
M. Ulsh and in the view and presence of each other, we, the undersigned, witnessed and
attested the due execution of the Will of Karen M. Ulsh on this day,
----~-fii/I ~ I,~ , 2012.
residing at ~3~ `~11~'^~~lz `2c1
I,,<c~~r.~-r.~<<~h..~~ `tom ~1~~
~ J` D ^, residing at ~ ~} 3 ~ ~,
~a
~ ~5`= ~P~ ~~ ~~ ~
PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF DAUPHIN )
I, Karen M. Ulsh, the testatrix whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will; and that I signed it willingly and as
my free and voluntary act for the purposes therein expressed.
Sworn to ~oAr~ affirmed and acknowledged before me by Karen M. Ul;sh, the testatrix, this
day, I"~~ 1S" , 2012.
aoM~toHwea~ht of PeNNSnvaNrn
Notarial seal
Cassandra T. Rosenbaum, Notary Pubik
Laver PaxOOn 7Mrp., Dauphin County
CbrrrrllillOn 6~kes Dec. 4, 2012
• Perr~svMania Assodntlon of Notaries
Kar n M. Ulsh, Testatrix
~~
Notary Public
Page 32
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF DAUPHIN ~
and S ~ ~, F ~ ~ ,the witnesses whose
names are signed to the attached or foregoing instrument, being duly qualified according
to law, do depose and say that we were present and saw the testatrix sign and execute the
instrument as her Last Will; that the testatrix signed willingly and executed it as her free
and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the testatrix signed the will as a witness; and. that to the best of our
knowledge the testatrix was at that time 18 or more years of age, of sound mind, and
under no constraint or undue influence.
air of Pewsnv~wrn
Nodal seal
C~salldra T. Rosewaurri, Notary Publk
Gom1NSMOn~hcpkes Dec. 4 m 2
. Ple~MlaNvania Associatlon of Notatld
.~....~-
Notary Public
Page 33
Witness