HomeMy WebLinkAbout09-10-12NOTICE OF CHARITABLE GIFT ~
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CUMBERLAND COUNTY, PENNSYLVANIA a _, ~~
ORPHANS' COURT DIVISION ~'
ESTATE OF FLORENCE M. FASICK
No. 21-12-0271
Chief, Charitable Trusts and Organizations Section
Office of the Attorney General
Dear Sir or Madam:
Notice is given of a charitable gift as follows:
1. The nature of the present proceeding is:
SETTLOR ~ DECEASED
Date: September 7, 2012
(a) An Account which has been or will be listed for Audit in the Orphans' Court on
October 9 2012 in Cumberland County, Carlisle, Pennsylvania
(State name ofCowthouse and town/city.)
The time and place of the Audit is Court Room 1 at 9:30 o'clock. If not
provided herein, the time and location will be provided upon request when that information
becomes available.
(b) If the proceedings are other than an Account, state the nature of the proceedings and the
place, date and time fixed for hearing:
N/A
• If more space is required, attach additiovai sheets.
Form OC-06 ter. 10.!3.06 Page 1 of 4
Estate of
FLORENCE M. FASICK
~Settlor /~ Deceased
2. Charitable gifts are made as follows:
(a) Give full names and addresses of charities, and names and addresses of counsel, if any.
Please see attached.
(b) If pecuniary legacies, state exact amounts and indicate whether legacies will be or have
been paid in full; if not give reasons therefor.
All pecan legacies are propose3 to be paid in full in accordance
with the First Final Account and Statement of Proposed Distribution.
(c) If the charitable interest is a future interest and the estimated present value of the property
involved exceeds $25,000, a brief description thereof including the conditions precedent to
its vesting in enjoyment and possession, the names and ages of persons known to have
interests preceding such charitable interest, and the approximate market value of the
property involved.
N/A
(d) if residuary gift, state nature and value of share.
Please see attached.
Fornt OC-06 rer. 10.13.06
Page 2 of 4
Estate of FLORENCE M. FASICK ~ Settlor ~ Deceased
3. Provide a brief statement of all pertinent questions to be submitted to the Court for
Adjudication, including unresolved claims and any material questions of interpretation or
distribution which may affect the value of the charitable interest.
None
4. The names and addresses of the fiduciaries are (state whether Executors and/or Trustees):
James D. Bogar, Executor
James D. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
5. The names and addresses of counsel for the fiduciaries:
James D. Bogar, Esquire
James D. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
6. The names and addresses of counsel for any charity who has received notice or has appeared for
it:
Attorney for Elizabethtown College:
Kendra D. McGuire, Esquire
McNees, Wallace & Nurick, LLC
570 Lausch Lane, Suite 200
Lancaster, PA 17601-3057
Form OC-06 rev. 10.13.06 Page 3 of 4
Estate of FLORENCE M. FASICK 0 Settlor ~ Deceased
7. (a) A copy of the instrument creating the gift is attached hereto.
(b) If the gift is other than a pecuniary legacy which will be paid in full, there is attached
hereto:
(1) A copy of the Account, if one has been filed
(2) A copy of any other relevant documents
Very truly yours,
sgn twe
James D. Bogar, E ire ID No.19475
Attorney's Name and Supreme Cow~t LD. No.
One West Main Street
Attorney's Address
Shiremanstown, PA 17011
(717)737-8761
Attorney's Te/ephone
Form OC-06 rer. !0.13.06 Page 4 of 4
Attachment to
NOTICE OF CHARITABLE GIFT
(In Accordance with Pa. O.C. Rule 5.5)
2. Charitable Gifts are made as follows:
(a) Give full names and address of charities, and names and addresses of counsel, if any.
Charity:
Bethesda Mission
611 Reilly Street
Harrisburg, PA 17102
Elizabethtown College
One Alpha Drive
Elizabethtown, PA 17022
Nursing Foundation of Pennsylvania
2578 Interstate Drive
Suite 101
Harrisburg, PA 17110
Counsel for Charity:
Kendra D. McGuire, Esquire
McNees, Wallace & Nurick
570 Lausch Lane, Suite 200
Lancaster, PA 17601-3057
(d) If residuary gift, state nature and value of share.
Bethesda Mission
Elizabethtown College
5% of rest, residue and remainder
10 % of rest, residue and remainder
$ 33,671.32
$ 67,342.65
Nursing Foundation of 35% of rest, residue and remainder $235,699.25
Pennsylvania
LAST WILL AND TESTAMENT
OF
FLORENCE. M. FASICK
I, FLORENCE M. FASICK, of
IlMechanicsburg, Cumberland County,
(!Pennsylvania, make, publish and declare
this as and for my Last Will and
Testament, hereby revoking all other
Wills and Codicils heretofore made by
me.
FIRST: I give and bequeath the
sum of five thousand dollars
($5,000.00) to my friend,, VIRGINIA
BONE, of 12 6 Clearview Drive, Camp
Hill, Pennsylvania 17011, provided that
should she predecease me, I direct that
this specific bequest be made to my
sister-in-law, MARIANA DAVIS, of 8717
Valleyfield Road, LuthervilLe, Maryland
21093.
SECOND: I give and bequeath the
sum of ten thousand dollars
($10,000.00) to my sister-in-law,
MARIANA DAVIS, of 8717 Valleyfield
Road, Lutherville, Maryland 21093,
provided that should she predecease me,
I direct that this specific bequest be
made to her son, THOMAS DAVLS, of .2300
Dulaney Valley Road, Timonium, Maryland
21093.
THIRD: I give and bequeath the
sum of ten thousand dollars
($10,000.00) to my friend, MARCIA M.
MONTGOMERY, of 6 Redwood Court, Camp
Hill, Pennsylvania 17011, provided that
should she predecease me, I direct that
this specific bequest be made to her
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son, PETER MONTGOMERY, of 660 Bamberger
Road, Etters, Pennsylvania 17319.
FOURTH:. I devise and bequeath
all the rest, residue and remainder of
my estate of whatever nature and
wherever situate, including any
property over which I hold power of
appointment and together with any
insurance policies thereon, as follows:
(A) Five percent ( 5 0 ) thereof to
BETHESDA MISSION, of 611 Reilly Street,
Harrisburg, Dauphin County,
Pennsylvania 17102, to be used for
general purposes as the governing body
of said organization deems appropriate.
(B ) Ten percent (10 % ) thereof to
ELIZABETHTOWN COLLEGE, of One Alpha
Drive, Elizabethtown, Pennsylvania
17022, to be used for general purposes
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as the governing body of said
organization deems appropriate.
(C) Thirty-five ( 3 5 0 ) percent
thereof to the NURSING FOUNDATION OF
PENNSYLVANIA, of 2578 Interstate Drive,
Suite 101, Harrisburg, Pennsylvania
17110, for the purpose of establishing
The Florence (Madden) Grady-Fasick
Scholarship Fund to be administered in
accordance with the provisions of a
Deed of Gif t to be established with the
NURSING FOUNDATION OF PENNSYLVANIA and,
in the absence of a Deed of Gift , to be
used for general purposes as the
governing body of said organization
deems appropriate.
(D) Fifty (50%) percent thereof
to my friend, PETER MONTGOMERY, of 660
Bamberger Road, Etters, Pennsylvania
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17319, provided that should he
predecease me, then to his issue per
stirpes by representation.
FIFTH: Should any of the
children of PETER MONTGOMERY
(hereinafter referred to as "children" )
not have attained the age of twenty-
four (24) years at the time for. dis-
tribution to him or her, I give, devise
and bequeath the share of each such
child to my hereinafter named Trustee
or Trustees, IN SEPARATE TRUSTS, to
hold, manage, invest and reinvest the
shares so received, and to use and
apply from time to time such portion of
income and principal for the said
child's education (including college,
trade school or other similar training
or education), as my Trustee or
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Trustees, in their sole discretion,
deem advisable. The Trustee or
Trustees, in exercising their dis-
cretionary authority with respect to
the payment of income or principal of
the within Trust to the children, shall
take into consideration any income or
other resources available to the
children from sources outside this
Trust.
Any income or principal not so
applied shall be distributed to each
child when he or she attains the age of
twenty-four (24) years. In the event
any of the children die prior to the
termination of this Trust established
herein for their benefit, the interest
of said child in said Trust shall cease
with any income and principal being
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divided evenly between or among the
remaining children of PETER MONTGOMERY
or the separate Trusts established
hereunder for their benefit.
SIXTH: In addition to all powers
granted to them by law and by other
provisions of this Will, I give the
fiduciaries acting hereunder the
following powers, applicable to all
property, exercisable without court
approval and effective until actual
distribution of all property:
(A) To sell at public or private
sale, or to lease, for any period of
time, any real or personal property and
to give options for sales, exchanges or
leases, for such prices and upon such
terms (including credit, with or
without security) or conditions as are
deemed proper. This includes the power
to give legally sufficient instruments
for transfer of the property and to
receive the proceeds of any disposition
of it .
(B) To partition, subdivide, or
improve real estate and to enter into
agreements concerning the partition;
subdivision, improvement, zoning or
management of real estate and to impose
or extinguish restrictions on real
estate.
(C) To compromise any claim or
controversy and to abandon any property
which is of little or no value.
(D) To invest in all forms of
property, including stocks, common
trust funds and mortgage investment
funds, without restriction to
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investments authorized for Pennsylvania
fiduciaries, as are deemed proper,
without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option,
right or privilege granted in insurance
policies or in other investments.
(F) To exercise any election or
privilege given by the Federal and
other tax laws, including, but not
necessarily being limited to, personal
income, gif t and estate or inheritance
tax laws.
(G) To make distributions to my
herein named beneficiaries in cash or
in kind or partly in each.
(H ) To borrow money f rom
themselves or others in order to pay
debts, taxes, or estate or trust
administration expenses, to protect or
improve any property held under my
will, and for investment purposes.
(I ) To select a mode of payment
under any qualified retirement plan
(pension plan, profit sharing plan,
employee stock ownership plan, or any
other type of qualified plan) to the
extent the plan or the law permits them
to do so, and to exercise any other
rights which they may have under the.
plan, in whatever manner they consider
advisable.
SEVENTH: I nominate and appoint
LAURA A. MONTGOMERY, wife of PETER
MONTGOMERY, as Trustee of the
hereinabove described trusts. In the
event of the death, resignation or
inability to serve for any reason what-
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soever of the said LAURA A. MONTGOMERY,
I nominate and appoi nt GRANT
DIANDONATO, brother of LAURA A.
MONTGOMERY, as Trustee of the
hereinabove described trusts. I direct
that my Trustee shall serve without
bond and shall receive fair and
reasonable compensation.
EIGHTH: I direct that all
inheritance, estate, transfer,
succession and death taxes, of any kind
whatsoever, which may be payable by
reason of my death, whether or not with
respect to property passing under this
Will, shall be paid out of the princi-
pal of my residuary estate .
Notwithstanding, I specifically direct
that there be no allocation of
inheritance, estate, transfer,
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succession and death taxes, of any
kind, whatsoever, to any charitable
beneficiary designated by me herein.
NINTH: All interests hereunder,
whether principal or income, which are
undistributed and in the possession of
the fiduciaries acting hereunder, even
though vested or distributable, shall
not be subject to attachment, execution
or sequestration for any debt,
contract, obligation or liability of
any beneficiary, and furthermore, shall
not be subject to pledge, assignment,
conveyance or anticipation.
TENTH: I nominate and appoint
JAMES D. BOGAR, Executor of this, my
Last Will and Testament. In the event
of the death, resignation or inability
to serve for any reason whatsoever of
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JAMES D. BOGAR, I nominate and appoint
JENNIFER B. HIPP and PETER MONTGOMERY,
Co-Executors of this, my Last Will and
Testament. I direct that my Executor
or Co-Executors, Trustee or Trustees,
as the case may be, and their
successors, shall not be required to
post security or a bond for the
performance of their duties in any
jurisdiction.
IN WITNESS WHEREOF, I have
hereunto set my hand and seal to this,
my Last Will and Testament, this ~~~
day o f ~,~~
r r
-~.~~~~'
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FLORENCE M
2011.
v'~`"~
(SEAL)
. FASICK
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Signed, sealed, published and
declared by the above-named Testatrix
as and for her Last Will and Testament
in our presence, who, at her request,
in her presence and in the presence of
each other, have hereunto subscribed
our names as attest: ' '
Address
Address
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