HomeMy WebLinkAbout04-1119 PETITION FOR PROBATE and GRANT OF LETTERS
Estate of /3~,~e,, ;,,r, ~_4_o~_a£~..~ ~ No. c~{ ~0~4 - lilt)
also known as To:
Register of Wills for the
Social Security No. Deceased. County of ~g_~...~.,~£and
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut,~ -,' ~,-
in the last will of the above decedent, dated ....... z~e.~&a.a~g_.~ 6; 2.000
and codicil(s) dated
in the
named
Decendent was domiciled at death in F,roP. o ~ Pr, nd County, Pennsylvania, with
h ar -last family or principal residence at 705
(list street, number and muncip~ity)
Decendent, then 9 ~-~.~ years of age, died
Except as follows, decedent did not marry, was not ~vorced and did not hanna child born or adopted
~fter execution of the will offered for probate; was not the victim of a killing and w~ never adjudicated
~ncompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ 7 flllO~ O0 __
(If not domiciled in Pa.) Personal property in Pennsylvania $ '
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
WHEREFORE, petitioner(s) respectfully request(s) the probate of the-last will and codicil(s)
presented herewith and the grant of letters
cct. a.; admm]stratmn d.b.n.c.t.a.)
theron, ttestamentary; administration : . ..r~..
OATH OF' PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
The petiQoner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and corr~ct to the best o~' the knowledge and belief of petitioner(s) and that as personal rcprescn-
tative(s) of the above decedent petitioner(s) will well~)~_ /~ /~, ~/ ~/and truly admlnister the eAt~ccording to law.
,Sw~orn to or af~E'ked, and subscribed r ~dlG. r?.ra/~.yZg.(...[,.)~JO...~,j
ne~ore me this -['~ day of [ - /
Estate Of /%md.jr. ~.o~; , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated Februa~t, 16: 2000
described therein be admitted to probate and filed of record as the last will of
Domenica
an~ Lerrer~ Testamentarq
~e hereby granted to Madeline A. Ryan
. 200.4, in consideration of the petition on
~ ~ FEES ,~'7.
Probate,'Let~ers, Etc .......... $ 18.00
Short Certificates( ) .......... $ 12.00
Renunciation ................ $ 5.00
TOTAL $
Filed .. ]~;.~ :&~ ..................
Linda A. Clotfelter
A~ORNEY($up. Ct. LD. No.) 72963
5021 E. 7rind£e Road, Suite lO0
Mechanicsbura. PA 17050
ADDRESS
F717)79~-~9~0
expiration of Notary's commission.)
Form #RW-4
Wrlis in some counties are required to be notarized.
his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
l.ocal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee tbr this certificate, $2.00
P 10 7619
No.
Date
706 Green Acre Street
Mechanicsburg, PA 17055
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALm · VITAL RECORD8
CERTIFICATE OF DEATH '
Domenica Altobelli ~emale. 3. 189 - 36 - 110~" ~Oct.~EO~*T"~"~''~13, 2004
~la~ ~csb~g Seidle M~rial ~pi~l ~.~.~..~ ~ite
.LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBEL!.I
I, DOMENICA ALTOBELLI, now of Seidle Memorial Hospital, Extended Ca~e Unit,
120 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, do ~ublish and~
declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made-
by me.
FIRST: Family Back~round and Au0ointment of Executor.
(A) Family and Back~round Information. I am widowed. My children are MADELINE
A. RYAN, GRACE A. GREENE and FRANK D. ALTOBELLI. Throughout this Will,
MADELINE A. RYAN, GRACE A. GREENE, and FRANK D. ALTOBELLI, will be referred
to as "my children". The word "issue" will include my children as weimar'my o~er descendants
(excluding adopted issue).
(B) Appointment of Executor. I appoint as my Executor and succesSOr Executor (all
hereinafter referred to as Executor or Executor(s) under this Will, the following n~ed persons or
corporations to serve without bond and without being required to account to any ~urt:
Executors: My daughters, MADELINE A. RYAN a~l GRACE A.
GREENE, or the survivor of them, to act jointly or
individually.
Successor Executor: My son, FRANK D. ALTOBELLI.
(C) Inter Vivos Trust.. The inter vivos trust agreement referred to in this Will is entitled
"THE DOMENICA ALTOBELLI FAMILY REVOCABLE TRUST", by and between myself
as Settlor and mysalf as Trustee, as now in effect or as may hereafter be amended.
SECOND: Funeral and Last Hiness Exoenses; Taxe~
(A) Exoenses of Funeral and Last Hiness. I direct my Executor to pay my funeral
expenses (regardless of amount) and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy,
transfer and other death taxes or duties, by whatever name called, including any and all interest and
LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBEL!,I
PAGE 2
penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will. Without any apportionment otherwise required
by law and without being prorated or apportioned among or charged against the respective devises,
legatees, beneficiaries, transferees, or other recipients of any such property or charged against any
property passing or which may have passed to any of them, I direct that any taxes so paid shall be
charged against my residuary estate. My Executor shall not be entitled to reimbursement for any
portion of any such taxes from any such person. The foregoing provisions of this Article SECOND
shall not apply to such portion or portions of said taxes, interest and penalties which may be required
to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph
FIRST (C), above.
THIRD: Tangible Personal Property. Except for those items excluded below and those
items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including
but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects,
motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my children,
living at the time of my death, to be divided among them as they may select in as nearly equal shares
as is practical. Tangible personal property shall not include: (1) any and all property used by me in
any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence
of indebtedness, and (5) any life, health or accident insurance policies.
If my children do not survive me, I leave such tangible personal property to the issue of
children per stirpes. If there is any disagreement as to distribution, I direct my Executor to make such
distribution. The decision of my Executor shall be final and binding. Any items not selected or any
items which my Executor considers unsuitable for my children may be distributed or sold in the sole
discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of
my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be
delivered to the minor or to any person to safeguard on behalf of the minor.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated
and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the
ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter
of Instruction shall determine the distribution of such items.
09-13-2005
AL TOBELLI
10-13-2004
21 04-1119
CUMBERLAND
101
APPEAL DATE: 11-12-2005
( See reverse side under Objections)
Amount Remitted I I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CD COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE _ RETAIN LOWER PORTION FOR YOUR RECORDS -
REy:is47-Ex-AFP-io3:osj-NoTIcE-OF-INHERITANCE-TAX-APPRAIsEMENT:-ALLONANCE-OR---------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
DOMENICA FILE NO. 21 04-1119 ACN 101
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PD BOX 250601
HARRISBURG PA 17128-0601
_'" ""'i\!"""[\ (''\'''r\r.~CE OF INHERITANCE TAX
pCl'or"u'i::U\!fRAlSEiJENT, ALLOIIANCE OR DISALLOIIANCE
_ '~\~'~TIONS AND ASSESSMENT OF TAX
ZOG5 SEP \ 3 Pii I: ltS
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
C.cp,.
;!." .
LINDA A CLOTFEL TE~iESQ
L A CLOTFELTER LW fIRM
5021 E TRINDLE RD 100
MECHANICSBURG PA 17050
r\ !=P'(
'J'-'-~' ,,\
ESTATE OF
ALTOBELLI
*'
REV-1547 EX AFP (06.05)
DOMENICA
TAX RETURN WAS: I X I ACCEPTED AS FILED
I CHANGED
DATE 09-13-2005
I~ an asses~ent was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
r~lect figures that include the total of ~ returns assessed to date.
ASSESSMENT OF TAX:
IS. Amount of Line 14 at Spousal rate (IS)
16. ADOUnt of Line 14 taxable at Lineal/Class A rate (16)
17. Allount of Line 14 .t Sibling rat. (17)
18. Allount of Line 14 taxable at Collateral/Class Brat. (18)
19. Principal Tax Due
EDI
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Re.1 Est.t. (Schedule A)
2. Stocks end Bonds (Schedule 8)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
S. Cesh/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule f)
7. Transfers (Schedule G)
8. Totel Assets
III
121
131
141
151
161
171
.00
.00
.00
.00
150.00
1.255.63
112,562.00
181
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. funeral Expenses/Ad.. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tex R.turn
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. N.t Value of Estate Subject to Tax
191
1101
1,413.56
20.00
1111
1121
1131
1141
NOTE:
.00 X
112,534.07 X
.00 X
.00 X
+
INTEREST/PEN PAID I-I
1. 39-
AMOUNT PAID
5,070.96
DATE
07-15-2005
NUI1BER
CD005575
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
00 =
045 =
12 =
15 =
1191=
NOTE: To insure proper
credit to your 8CCOuntl
s~it the upper portion
of this for. with your
tex p.y_nt.
113,967.63
1 .433 ~6
112,534.07
.00
112,534.07
.00
5,064.03
.00
.00
5,064.03
5,069.57
5.54CR
.00
5.54CR
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION DF ADDITIONAL INTEREST.
IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" lCRI, YDU HAY BE DUE, (J J
A REFUND. SEE REVERSE SIDE DF THIS FD~ FOR INSTRUCTIONS. I V~
LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBELLI
PAGE 3
FOURTH: Residua Estate.
I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and
mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the
then-acting Trustee of the Trust described in Paragraph FIRST (C) of this Will, to be held,
administered and distributed pursuant to the terms thereof, as the same may be amended fi.om time
to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of
Appointment I possess at the time of my death except any power of appointment which I possess
under the Trust described in Paragraph FIRST (C) of this Will.
FIFTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the Estate and shall be vested
with the following specific powers and discretion, in addition to the powers as may be generally
conferred from time to time upon the Executor by law:
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such instruments, deeds, or other documents as may be deemed
necessary or proper, including the following powers, all of which may be exercised without order of
or report to any Court:
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement,
including the right to lease for any term notwithstanding the period of the Estate, and to grant
options, including any option for a period beyond the duration of the Estate; except that, in
lieu of any binding shareholder agreement or buy/sell agreement to the contrary, the Executor
shall not be permitted to sell the stock or any other ownership interest in any business owned
by me, or held in trust, at my death, without first offering the same for sale to my children,
or without next offering the same to the corporation or business represented by such
ownership interest for redemption.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses
in action, real estate or improvements thereon, and any other property as the Executor may
deem best, without regard to any law now or hereafter enforced limiting investments of
.LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBELI J
PAGE 4
fiduciaries, except that the Executor may not invest in any securities issued by the corporate
Executor, or issued by a parent or affiliate company of such Executor, or any stock in a
company which the corporate Executor or their parent or affiliate holds as an asset, either
individually or in a fiduciary capacity.
(3) To retain for investment any property deposited with the Executor hereunder;
except that the Executor may not retain for investment any stock in the corporate Executor,
or in a parent or affiliate company of such Executor, or any stock in a company which the
corporate Executor or their parent or affiliate holds as an asset, either individually or in a
fiduciary capacity.
(4) To vote in person or by proxy any corporate stock or other security and to agree
to or take any other action in regard to any reorganization, merger, consolidation, liquidation,
bankruptcy or other procedure or proceedings affecting any stock, bond, note or other
security.
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compensation for their
services.
(6) To compromise, settle or adjust any claim or demand by or against the Estate and
to agree to any rescission or modification of any contract or agreement affecting the Estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure the same
by mortgaging, pledging or conveying any property of the Estate.
(8) To retain and carry on any business in which the Estate may acquire an interest,
to acquire additional interest in any such business, to agree to the liquidation in kind of any
corporation in which the Estate may have an interest and to carry on the business thereof, to
join with other owners in adopting any form of management for any business or property in
which the Estate may have an interest, to become or remain a partner, general or limited, in
regard to any such business or property and to hold the stock or other securities as an
investment, and to employ agents and confer on them authority to manage and operate the
business, property or corporation, without liability for the acts &such agent or for any loss,
LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBEI,I,!
PAGE $
liability or indebtedness of such business if the management is selected or retained with
reasonable care.
(9) To register any stock, bond or other security in the name ora nominee, without
the addition of words indicating that such security is held in a fiduciary capacity, but accurate
records shall be maintained showing that such security is a Estate asset and the Executor shall
be responsible for the acts of such nominee.
{B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one (21 ) years of age, the Executor shall be authorized to hold such
property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the
meantime shall use such part of the income and the principal of the Estate as the Executor may deem
necessary to provide for the proper support and education of such person. If such person should die
before becoming twenty-one (21) years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment of a guardian, but shall
be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same
to such person without the intervention ora guardian, to pay or deliver the same to a legal guardian
of such person if one has already been appointed, or to use the same for the benefit of such person.
(D) In the disbursement of the Estate and any division into separate trusts or shares, the
Executor shall be authorized to make the distribution and division in money or in kind, or both,
regardless of the basis for income tax purposes of any property distributed or divided in kind, and the
distribution and division made and the values established by the Executor shall be binding and
conclusive on all persons taking hereunder. The Executor may in making such distribution or division
allot undivided interests in the same property to several trusts or shams.
(E) The Executor shall be authorized to lend or borrow, including the right to lend to or
borrow fi.om any trusts which I may have established during life or by will at an adequate rate of
interest and with adequate security, and upon such terms and conditions as the Executor shall deem
fair and equitable.
_LAST WlLL AND TESTAMENT
OF
DOMENICA ALTOBEL! J
PAGE 6
(F) The Executor shall be authorized to sell or purchase at the fair market value as
determined by the Executor, any property to or from any trust created by me during life or by Will,
even though the same person or corporation may be acting as Executor of my estate or as Trustee
of any of my other trusts.
(G) The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor may deem
equitable and fair under all the circumstances, including the power to amortize or fail to amortize any
part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity
or sale of any asset, whether purchased at a premium or at a discount, as income or principal or
apportion the same between income and principal, to apportion the sales price of any asset between
income and principal, to treat any dividend or other distribution of any investment as income or
princ!pal, or apportion the same between income and principal, to charge any expense against income
or principal or apportion the same, and to provide or fail to provide a reasonable reserve against
depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the
Executor may reasonably deem equitable and just under all the circumstances. If the Executor does
not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with
Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions
of subsequent state law.
(H) If at any time the total fair market value of the assets of any trust established or to be
established hereunder is so small that the corporate Trustee's annual fee for administering the trust
would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in
effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to
establish such trust, and in such event the property then held in or to be distributed to such trust shall
be distributed to the persons who are then or would be entitled to the income of such trust. If the
amount of income to be received by such persons is to be determined in the discretion of the Trustee,
then the Trustee shall distribute the property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the Trustee in its discretion shall
determine.
(I) Except as otherwise provided in this Will, when the authority and power under this
Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held
jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may
LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBEI,I~!
PAGE 7
exercise any authority or power granted under this Will or granted by law, and may act under this
Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial
acts shall be void. The action of one such Executor or Trustee under this Will may be validated by
a subsequent ratification of the act by a majority of the Executors or Trustees.
SIXTH: RiRhts and Liabilities of Executor and Trustee.
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of any act or
omission by any Executor, and any Executor shall not be liable for any act or omission except in the
case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment,
the overall performance of the entire Estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the services.
SEVENTH: Tax Elections.
(A) In determining the estate, inheritance and income tax liability relating to my Estate,
the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the
Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to
having gifts made by either of us during my life considered as having been made one-haifby each of
us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may
agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax
return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping
Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may
occur under this Will.
(B) The Executor may, in its discretion, determine the date as of which my gross estate
shall be valued for the purpose of determining the applicable tax payable by reason of my death.
LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBELI~I
PAGE 8
(C) The Executor may, in its discretion, decide whether all or any part of certain
deductions shall be taken as income tax deductions (even though they may equal or exceed the
taxable income of my estate and whether or not claimed or of benefit on my estate's income tax
return) or as estate tax deductions when a choice is available; and in the event that all or any part of
such deductions are taken as income tax deductions, no adjustment of income and principal accounts
in my estate shall be made as a result of such decisions.
EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid exercise
of a power of appointment. No part of the estate shall be liable for or charged with any debts,
contracts, liabilities or torts ufa beneficiary or subject to seizure or other process by any creditor of
a beneficiary.
NINTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Cautions. The captions set forth in this Will at the beginning of the various articles
hereof are for convenience ofre£erence only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(C) Children. As used in this Will, the words "child" and "children" shall include persons
who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as
any person born out of wedlock is acknowledged in a written instrument executed by the one of their
natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall
include descendants of all generations including adopted persons. A posthumous child shall be
considered as living at the death of his parent. The birth to me or the adoption by me ora child or
children subsequent to the execution of this Will shall not operate to revoke this Will.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBELLI
PAGE
(E) Other terms. The use of any gender includes the other genders, and the use of either
the singular or the plural includes the other.
(F) Powers of Annointment are Exercised. By this Will I exercise any and all Powers
of Appointment which I possess at the time of my death except any power of appointment which I
possess under the Trust described in Paragraph FIRST (C), above.
IN WITNESS WHEREOF, I, DOMENICA ALTOBELLI, the Testatrix, have to this my
Last Will and Testament, typewritten on ten (10) pages, including the Acknowledgment and Affidavit,
set my hand and seal this I(O'/~ day of February, 2000.
DOMENICA ALTOBELLI
Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at her request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us
.further declares that he or she believes the Testatrix to be ofsound mind and memory. The preceding
instrument consists of this and nine (9) other consecutively numbered typewritten pages including the
Acknowledgement and Affidavit.
(print name)
(print name)
residing at
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS:
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testatrix signed and executed the instrument
as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed
another to sign it for her; that she executed it as her free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the Testatrix sign and execute the
instrument as her Last Will; that each subscribing witness in the heating and sight of the Testatrix
signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
Testatrix
-'(~itness v
itness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this lb'/~ day of February, 2000.
Notary Public
My Commission Expires:
Notarial Seal
Ted L. Walker, Notary Public
Le_m~e Bom, Cumberland County
My Commission Expires Jan. 20, 2003
Member, Pennsylvania Assoclat~n ot Notaries
Cumberland County - Register Of wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717)240-6345
Date: 02/28/2005
CLOTFELTER LINDA A ESQ
3464 TRINDLE RD
CAMP HILL, PA 17011
RE: Estate of ALTOBELLI DOMENICA
File Number: 2004-01119
Dear Sir/Madam:
It has come to my attention that you have not filed the
Certification of Notice Under Rule 5.6 (a) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES,
NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on
or after July 1, 1992, the personal representative or his
counsel, within ten (10) days after giving proper notice to the
beneficiaries and intestate heirs as required by subdivision
(a) of Rule 5.7, shall file with the Register of Wills or Clerk
of the Orphans' Court his/her Certification of Notice.
This filing is due by:
03/17/2005
Your prompt attention to this matter will be appreciated.
Thank You.
~~~l~~JLr
GLENDA FARNER STRASBAUGH
Clerk of the Orphans' Court
cc: File
Personal Representative(s)
Judge
Cumberland County - Register Of wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717)240-6345
Date: 02/28/2005
RYAN MADELINE A
706 GREEN ACRE STREET
MECHANICSBURG, PA 17055
RE: Estate of ALTOBELLI DOMENICA
File Number: 2004-01119
Dear Sir/Madam:
It has come to my attention that you have not filed the
Certification of Notice Under Rule 5.6 (a) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES,
NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on
or after July 1, 1992, the personal representative or his
counsel, within ten (10) days after giving proper notice to the
beneficiaries and intestate heirs as required by subdivision
(a) of Rule 5.7, shall file with the Register of Wills or Clerk
of the Orphans' Court his/her Certification of Notice.
This filing is due by:
03/17/2005
Your prompt attention to this matter will be appreciated.
Thank You.
~~~
GLENDA FARNER STRASBAUGH
Clerk of the Orphans' Court
cc: File
Counsel
Judge
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Domenica Altobelli, deceased
Date of Death: October 13, 2004
Will No. 2004-01119 PA No. No. 21-04-1119
To the Register:
I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules
was served on or mailed to the following beneficiaries of the above-captioned estate on March 11, 2005.
(See copies attached).
Name
Address
Frank D. Altobelli, Sf.
Madeline A. Ryan
Grace A. Greene
Madeline A. Ryan, Trustee
127 Watertown Road, Berlin, MD 21811
706 Green Acres Street, Mechanicsburg, P A 17055
5117 Bobcat Court, Woodbridge, VA 22193
706 Green Acres Street, Mechanicsburg, P A 17055
Notice has now been given to all persons entitled thereto under Rule 5.6(a).
Date: -:J-III J 0 5
inda A. Clotfelter, Esquire
21 E. Trindle Road, Suite 100
echanicsburg, P A 17050
(717) 796-1930
Counsel for Personal Representative
"
7
v"-
IMPORTANT NOTICE
NOTICE OF ESTATE ADMINISTRATION
THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM
THIS ESTATE OR OTHERWISE.
Whether you receive any money or property will be determined wholly or partly by the decedent's will. If
the decedent died without a will, whether you will receive any money or property will be determined by the
intestacy laws of Pennsylvania.
BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
In re Estate of Domenica Altobelli, deceased,
Late of Mechanicsburg Borough, Cumberland County
No. 21-04-01119
TO: MADELINE A. RYAN
706 GREEN ACRES STREET
MECHANICSBURG, PA 17055
Please take notice of the death of decedent and the grant of letters to the personal representative
named below.
The Decedent, Domenica Altobelli, died on the 13th day of October, 2004, at Cumberland County,
Pennsylvania.
The Decedent died testate (with a Will).
The personal representative of the Decedent is: Madeline A. Ryan
706 Green Acres Street
Mechanicsburg, P A 17055
(717) 766-7356
If the Decedent died testate, the will has been filed with the Office of the Register of Wills of
Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013, (717) 240-6345.
If the Decedent died intestate, a Petition for the grant of Letters of Administration was filed with the
Office of the Register of Wills of Cumberland County, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013, (717) 240-6345.
A copy of the Will or Petition may be obtained by contacting the Register of Wills and paying the
charges for duplication.
Date: -...J.l "I 05
------
'nda A. Clotfelter, Esquire
5 21 E. Trindle Road, Suite 1
echanicsburg, P A 17050
(717)796-1930
Counsel for Personal Representative
IMPORTANT NOTICE
NOTICE OF ESTATE ADMINISTRATION
THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM
THIS ESTATE OR OTHERWISE.
Whether you receive any money or property will be determined wholly or partly by the decedent's will. If
the decedent died without a will, whether you will receive any money or property will be determined by the
intestacy laws of Pennsylvania.
BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
In re Estate of Domenica Altobelli, deceased,
Late of Mechanicsburg Borough, Cumberland County
No. 21-04-01119
TO: MADELINE A. RYAN, TRUSTEE
706 GREEN ACRES STREET
MECHANICS BURG, PA 17055
Please take notice of the death of decedent and the grant of letters to the personal representative
named below.
The Decedent, Domenica Altobelli, died on the 13th day of October, 2004, at Cumberland County,
Pennsylvania.
The Decedent died testate (with a Will).
The personal representative of the Decedent is: Madeline A. Ryan
706 Green Acres Street
Mechanicsburg, P A 17055
(717) 766-7356
If the Decedent died testate, the will has been filed with the Office of the Register of Wills of
Cumberland County, Cnmberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013, (717) 240-6345.
If the Decedent died intestate, a Petition for the grant of Letters of Administration was filed with the
Office of the Register of Wills of Cumberland County, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013, (717) 240-6345.
A copy of the Will or Petition may be obtained by contacting the Register of Wills and paying the
charges for duplication.
Date:~'1 Jos
,
L nda A. Clotfelter, Esquire
5 21 E. Trindle Road, Suite 100
echanicsburg, P A 17050
(717) 796-1930
Counsel for Personal Representative
IMPORTANT NOTICE
NOTICE OF ESTATE ADMINISTRATION
THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM
THIS ESTATE OR OTHERWISE.
Whether you receive any money or property will be determined wholly or partly by the decedent's will. If
the decedent died without a will, whether you will receive any money or property will be determined by the
intestacy laws of Pennsylvania.
BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
In re Estate of Domenica Altobelli, deceased,
Late of Mechanicsburg Borough, Cumberland County
No. 21-04-01119
TO: FRANK D. ALTOBELLI
127 WATERTOWN ROAD
BERLIN, MD 21811
Please take notice of the death of decedent and the grant of letters to the personal representative
named below.
The Decedent, Domenica Altobelli, died on the 13th day of October, 2004, at Cumberland County,
Pennsylvania.
The Decedent died testate (with a Will).
The personal representative of the Decedent is: Madeline A. Ryan
706 Green Acres Street
Mechanicsburg, P A 17055
(717) 766-7356
If the Decedent died testate, the will has been filed with the Office of the Register of Wills of
Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013, (717) 240-6345.
If the Decedent died intestate, a Petition for the grant of Letters of Administration was filed with the
Office of the Register of Wills of Cumberland County, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013, (717) 240-6345.
A copy of the Will or Petition may be obtained by contacting the Register of Wills and paying the
charges for duplication.
Date: -3/' t I oS
L nda A. Clotfelter, Esquire
5 21 E. Trindle Road, Suite 100
echanicsburg, P A 17050
(717) 796-1930
Counsel for Personal Representative
IMPORTANT NOTICE
NOTICE OF ESTATE ADMINISTRATION
THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM
THIS ESTATE OR OTHERWISE.
Whether you receive any money or property will be determined wholly or partly by the decedent's will. If
the decedent died without a will, whether you will receive any money or property will be determined by the
intestacy laws of Pennsylvania.
BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
In re Estate of Domenica Altobelli, deceased,
Late of Mechanicsburg Borough, Cumberland County
No. 21-04-01119
TO: GRACE A. GREENE
5117 BOBCAT COURT
WOODBRIDGE, VA 22193
Please take notice of the death of decedent and the grant of letters to the personal representative
named below.
The Decedent, Domenica Altobelli, died on the 13th day of October, 2004, at Cumberland County,
Pennsylvania.
The Decedent died testate (with a Will).
The personal representative of the Decedent is: Madeline A. Ryan
706 Green Acres Street
Mechanicsburg, P A 17055
(717) 766-7356
If the Decedent died testate, the will has been filed with the Office of the Register of Wills of
Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013, (717) 240-6345.
If the Decedent died intestate, a Petition for the grant of Letters of Administration was filed with the
Office of the Register of Wills of Cumberland County, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013, (717) 240-6345.
A copy of the Will or Petition may be obtained by contacting the Register of Wills and paying the
charges for duplication.
Date: .$ill / 05
t
da A. Clotfelter, Esquire
5 1 E. Trindle Road, Suite 100
echanicsburg, P A 17050
(717) 796-1930
Counsel for Personal Representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRIS8URG. PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
RYAN MADELINE A
706 GREEN ACRE STREET
MECHANICSBURG, PA 17055
--------fold
ESTATE INFORMATION: SSN:
FILE NUMBER: 2104-1119
DECEDENT NAME: Al TOBElLl DOMENICA
DATE OF PAYMENT: 07/15/2005
POSTMARK DATE: 07/15/2005
COUNTY: CUMBERLAND
DATE OF DEATH: 10/13/2004
NO. CD 005575
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $5,070.96
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
REMARKS: MADELINE RYAN
CHECK# 278
SEAL
INITIALS: RSK
RECEIVED BY:
REGISTER OF WILLS
$5,070.96
GLENDA FARNER STRASBAUGH
REGISTER OF WillS
FiE'J.l5OJEX(6-OO)
REV.1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
'*' COMMONWEALlHOF
PENNSYlVANIA
IlEI'AIm.1ENT OF REllENUE
DEPT. 280601
HARRISBURG, AO.1712/W6()1
ALE HUMBER
21 04
1119
COUNTY COOE YEM
-----
NUMBER
....
Z
W
Q
W
U
W
Q
DECEDENT'S NAME (lAST, RRST, AND MIOOtE INITIAL)
DOMENICA ALTOBELLI
SOClAI. SECURITY NLNBER
DATE OF DEAlH (MMllO-YEAR)
10/13/2004
DATE OF BIRlH (MMOO-YEAR)
06122/1911
TIllS RETURN MUST BE FIlED IN DUPLICATE WITH TIlE
REGISTER OF WILLS
SOCIAl SECURITY NUMBER
(IF APPLICABLE) SURllMNG SPOUSE:S NM'E (lAST, FIRST, ANIl MIDDLE INITIAL)
n/a
w
,..,
,,~!:!
u..u
!!i9
u..llI
!1l
...
z
W
Q
Z
o
..
..
W
0:
0:
o
U
[!] 1. Original Return o 2. Supplemental Return 03.RemainderRetumt_ofdeathPriorto12-13-82j
o 4. UmitedEstate D4a.FuturelnterestCompromisejdaleofde8lhal\ef12-12-82} o 5. Federal Estate Tax Retum Required
o 6. Decedent Died Testate (A1lacll oopy ofWll) D 7. Decedent Maintained a living Trust {A1lacll 001'1 ofTruat) 8. Total Number of Safe Deposit Boxes
o 9. litigation Proceeds Received 0 10. Spousal poverty Credit (dale of death ~ 12-31-91 and 1.1.95) 0 11. Election to tax under Sec. 9113(A) iA\lach SdI 01
11tIS SECTION MUST BE ~. ALL CORREllPOtlIlEN AND CO~ TAX fIIFoRIrATION SHOULD BE DIRl.<.IElI TO:
NAME COMPLETE MAILING ADDRESS
LINDA A. CLOTFELTER, ESQUIRE _ _ 5021 E. TRINDLE ROAD, SUITE 100
~~ ~~i:.t'OFlINDA A. CLOTFELTER MECHANICSBURG, PA 17050
-....-...--.---
TELEPHONE NUMBER
(717) 796-1930
,. Real Eslate (Schedule A) (1) 0.00
2. Slocks and Bonds ISchedule B) (2) 0,00
3. Closely Held Corporation, Partner>hip or Sole-Proprietorship (3) 0.00
4. Mortgages & Noles Receivab~ (Schedule D) (4) 0.00
5. Cash, Bank Deposits & MisoeUaneoos Personal Property (5) 150.00
Z ISchedu~ E)
0 6. Joinlly Owned Property (Schedu~ F) (6) 1,255.63
S o Separate Biling Requested
:) 7. InterNIVOS Transfers & Miscelianeous Non.f'robate Property (7) 112,562.00
I- (Schedu~ G or LI
ii: 8. Total Gross As_ (total Unes 1-7) (8)
00(
U 9. Funeral Expenses & Admirristrative Costs (Schedu~ H) (9) 1,413.56
W
a:: 10. Debts of Deceden~ Mor1gage Lia~lities, & ~s (Schedule I) (10) 20.00
11. Total Deductfons (total Unes 9 & 10) (11)
12 Net Value of Estate (line 8 minus line 11) (12)
13. Charitable and Governmental8equestsJSec 9113 Trusts for which an election to tax has not been (13)
made (Schedu~ J)
14. Net Value Subjed:to Tax (Une 12 minus line 13) (14)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
"'"
t;;:::)
t;::;;)
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<-
c::
,-
o
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:;;:::0
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'""1:>-.-..::0
.,:~.,. (J) ^
000
nO-n
OC::
= :11
-0.......
)>
'::J:'J
:;:J~:j
~:-,~~ C;
~~:~ ;c~3
'--",(',1
:"'=
C-),C")
-11-"-1
__O.,'l
~~ ~:-:~
0~) t'"')
':"'.1
(..'1
-0
~
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01
.-
113,967.63
1,433.56
112,534.07
0,00
112,534.07
z
o
!(
....
:)
ll.
:IE
o
u
~
15. Amount of Uno 14laxa~ at the ~i tax
rate, or Iran.... under Sec. 9116 (aX1.2)
u_ X .0 _ (15)
0.00
5,064.03
0.00
0.00
5,064.03
16. Amount of line 14 taxable at lineal rate
_ ,112,534,OJ x .0 45 (16)
x .12
17. Amount of line 14 taxable at sibling rate
(11)
(18)
(19)
18. Amount of line 14 taxable at collateral rate
x .15
19. Tax Due
20.0
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
> > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK .....TH < <
Decedent's Complete Address:
STREET AOORESS
'-------~
~ 706 GREEN ACRE STRE~____ ___
CflY MECHANICSBURG
--
I STATEpA
I ZIP 17050
Tax Payments and Credits:
1. Tax Due (Page 1 Une 19)
2. CredrtslPayments
A. Spousal Poverty Credrt
8. Prior Payments
C. Discount
(1)
5,064.03
Tolal Credits (A' 8. C)
(2)
0.00
3. InterestlPenalty if applicable
D. Interest
E~ Penalty
6.93
6.93
Total InlerestlPenalty ( D . E ) (3)
4. if Une 2 is greater than Une 1 . Une 3, enter the difference. This is the OVERPAYMENT.
Check box on Page fllne 20 to requesla refund (4)
5. If Line 1 . Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
5,070.96
(5)
(5.0.)
(58)
A. Enter the Interest on the lax dUe.
8. Enter the tolai of Line 5 . 5A. This is the BALANCE DUE.
0.00
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
No
o
[iJ
[iJ
[iJ
1. Did decedent make a iransfer and: Yes
a. relain the use or income of the property iransfened;.............~...............................................~...............~............ [iJ
b. relain the right to designate who shall use the property iransfened or its income; ........................~................~.. 0
c. retain a reversionary interest; or.......................................................................................................................... 0
d. receive the promise for life of either payments, benefits or care? ............~......................................................... 0
2. If death occuned after December 12. 1982, did decedent lrensfer property Within one year of death
without receiving adequate consideration? ...........................................................................................................,.. 0
3. Did decedent own an 'in trusl fo~ or payable upon death bank account or security at his or her death? .............. 0
4. Did decedent own an Individual Retirement Account, annuity, or other non-probale property which
contains a beneficiary designation? ...................~...............................................~.................................................... [iJ
[iJ
[iJ
o
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penallies of perjury, I declare that 1 have examined Ihis return, including accompanying schedules and statements, and to the best of my knowledge and beief, It is true, oorTllCt and complete,
Oectaration of preparerolherthan the plltSOl'lal repnlSentativ&is based on aR Information of which preparer has any la1owllldge,
~;:d~'=R2L 51 E ORFILlNGRETU=--___ _________1-11A~~S
ADDRESS
706 Green ACrfj Street, Macha icsburg, PA 17050_
51 TURE..OF PREP~R OTH THAN REPRESENTATIVE ___ ~__
A RESS
~1 E. Trindle R()ad,Suite1...--,- Mechanicsburg, PA 17050
DATE
7-'4-05
For dates of death on or after Juiy 1, 1994 and before January 1, 1995, the lax rete imposed on the net value of transfers to or for the use of the surviving spouse is 3%
(72 PS. ~9116(a) (1.1) (i)).
For dales of death on or after January 1, 1995, the lax rate imposed on the nel value of transfers to or for the use of the surviving spouse is 0% (72 P.S. ~9116 (a) (1.1) (ii)].
The statute does not exemot a transfer to a surviving spouse from lax. and the statutory requirements for disclosure of assets and filing a lax retum are still applicable even if
the surviving spouse is the only benefidary.
For dates of death on or aUer July 1. 2000:
The lax rate imposed on the net value of transfers from a deceased child twenty..,ne years of age or younger at death to or lor the use of a naturel parent, an adoptive parenL
or a steppamnt of the child is 0% (72 PS. ~9116{a)(1.2)].
The lax rate imposed on the net value ofirans,"", to or lor Ihe use of the decedenfs lineal benelidaries is 4~5%, except as noted in 72 P.S. ~116(1.2) (72 P.S. ~9116(a)(1)].
The lax rele imposed on the net value of iransfers to or lor the use of the decedenfs siblings is 12% (72 P.S. ~9116{a)(1.3)]. A ~b1ing is defined, under Section 9102, as an
individual who has at least one parent in common With the decedent, whether by blood or adoption.
REV.'50B EX- (B.9B) ..
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
DOMENICA ALTOBELLI
FILE NUMBER
21-04--1119
Include the proceed1l of litigation and the date Ihe proceed1l were receiv<d by the estate.
All "",perty jolntly-owoed with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1. Clothing and personal property in residence.
DESCRIPTION
VALUE AT DATE
OF DEATH
150.00
TOTAL (Also enter on line 5. Recapitulation) $
(If more space is needed. insert additiorlal sheets of the same size)
150.00
REV-l509 EX+ (6-9S.
COMMONWEALTH OF PENNSYlVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE F
JOINTLy-oWNED PROPERTY
ESTATE OF
DOMENICA AL TOBElLf
FILE NUMBER
2Hl4-1119
If In asset was made joint wfthln one year of the decedenfs date of death, it must be reported on Schedule G.
SURVIVING JOINT TENANT(S) NAME
ADDRESS
RELATIONSHIP TO DECEDENT
A. Madeline A. Ryan
706 Green Acre St., Mechanicsburg, PA 17050
Daughter
B.
c.
JOINTLY-OWNED PROPERTY:
lETTER DAT' DESCRIPTION OF PROPERTY %OF DATE OF DEATH
ITEM FOR JOINT MAIlE INClUDE NAME OF FINANCIAL INSTITUTION ANO BANK "'CCOUNT NUMBER OR SIMIlAR OATE OF DEATH DECO'S VAWEOF
NUUBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINll y-tlELD REAl EST"TE. VAlUE Of: ASSET INTEREST DECEDENT'S INTEREST
1. A. 01125/1999 Membels 1st Federal Credit Union savings account number 181409-00 1,112.98 50 556.49
dale of dea1h balance $1,112.98
2. A. 01125/1999 Membels 1st Federal Credit Union checking account number 181409-11 1,398.00 50 699.14
date of death balance $1 ,398.28
TOTAL (Also enIllr 00 line 6, Recapitulation) $ 1,255.63
(If more space is rteeded, insert additional sheets of the same size)
REV-"'0 EX+ (6-98*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER-VIVOS TllANSFERS &
MISC. NON-PROBATE PROPERTY
ESTATE OF
DOMENICA ALTOBELLI
FILE NUMBER
21-04-1119
This schedule IOOst be completed and filed if the answer 10 any of queslioos fthrough 4 00 the '"""'" side of !he REV-1500 COVER SHEET is yes.
DESCRIPTION OF PROPERTY DATE OF DEATH
ITEM NCl.UDE THE NoWE Of THE mANSfEREE, THER Ra.ATlONSliI> TO DECEDENT ~o % OF DECO'S EXClUSION TAXABlE
NUMBE' THE OATl Of TfWlSFBt ATTACH A COPY OF l1E DEB) FOR REAL ESTATE- VAlUE OF ASSET INTEREST (FAPPLICABLE) VAlUE
,. The AIlobeIli Family Trust (Inevocable) dated February 16, 2000. See Trust 112,562.00 112,562.00
al1ached. Decedent retained life interest in income of trust.
Beneficiaries:
Paul T. AItobelfi, grandson, Lori A. AItobeIfi and Diane GugIa, granddaug/ltels
Frank D. Altobelli Sr, son, Madeline A. Ryan and Grace A. Greene daughters
Date of death value of trust principal $112,562.00
TOTAL (Also enler on line 7 Recapitulation) $ 112,562.00
(If more space is needed, insert additional stleErts of the same size)
REV-1'" EX. (12-99).
COMMONWEALTH OF PENNSYlVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATM COSTS
ESTATE OF
DOMENICA ALTOBELLI
RLE NUMBER
21-{J4-{)119
Debts of decedent muat be reported on Schedule L
ITEM
NUMBER
A.
DESCRIPTION
AMOUNT
1.
FUNERAL EXPENSES:
NONE.
0.00
B. ADMINISTRATIVE COSTS:
1. P....,.,.I Representative's Commissions
Name of _I Represenlative(s)
Sodal Security Numlleljs)/EIN Number of _I Representative(s)
_Address
CiIy
State
Zip
Year(s) eom_ Paid:
2.
Attomey Fees
900.00
3. Family Exemption: (~decedenfs -. is noIlt1e same as daimanfs, attacI1 explanation)
Claimant
_ Add....
CiIy
State
Zip
R_ip of Claimant to Decedent
4.
ProbaIe Fees
72.00
5. Accountant's Fees
6.
Tax Return Preparer's Fees
150.00
9.
Cumberland Law Joumal- Estate Advertisement
The Patriot News - Estate Advertisement
Register ofWdIs, Cumberland County - Fmng Fee lor PA Inheritance Tax Return
Orphan's Court, Cumberland County - Rling Fee for Family Settlemenl Agreement
75.00
181.56
15.00
20.00
7.
8.
10.
11.
12.
TOTAL (Also enter 00 line 9, RecapiIuIation) $
(It more space is needed, insert additional sheets of the same size)
1,413.56
RE\l-1512EX' (12-<l3) ..
COMMONWEAlTH OF PENNSYLVNM
INHERITANCE TAX ftEl1IUrt
RESI>ENT DECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE UABlunES, & UENS
ESTATE OF
DOMENICA ALTOBELLI
ALE NUMBER
2HJ4-1119
Report debts Incurred by the decedent prior to death which remained unpaid as of the date of death, including unretmbursed medical expenses.
fJEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1.
Dr. Sullivan - medical bill
20.00
TOTAL (Also enter on ~ne 10, Recapi1ulation) $
(If more space is needed. insert additional sheets of the same size)
20.00
LAST WILL AND TESTAMENT
OF
DOMENICA ALTOBELLI
I, DOMENICA ALTOBELLI, now of Seidle Memorial Hospital, Extended Care Unit,
120 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, do publish and
declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made
by me.
FIRST: Familv Backl!:round and ADDointment of Executor.
(A) Familv and Back2round Information. I am widowed. My children are MADELINE
A. RYAN, GRACE A. GREENE and FRANK D. ALTOBELLI. Throughout this Will,
MADELINE A. RYAN, GRACE A. GREENE, and FRANK D. ALTOBELLI, will be referred
to as "my children". The word "issue" will include my children as well as my other descendants
(excluding adopted issue).
(B) ADDointment of Executor. I appoint as my Executor and successor Executor (all
hereinafter referred to as Executor or Executor(s) under this Will, the following named persons or
corporations to serve without bond and without being required to account to any Court:
Executors:
My daughters, MADELINE A. RYAN and GRACE A.
GREENE, or the survivor of them, to act jointly or
individually.
Successor Executor: My son, FRANK D. ALTOBELLI.
(C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled
"THE DOMENICA ALTOBELLI FAMILY REVOCABLE TRUST", by and between myself
as Settlor and myself as Trustee, as now in effect or as may hereafter be amended.
SECOND: Funeral and Last DIness Exoenses: Taxes.
(A) EXDenses of Funeral and Last lllness. I direct my Executor to pay my funeral
expenses (regardless of amount) and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy,
transfer and other death taxes or duties, by whatever name called, including any and all interest and
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
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penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will. Without any apportionment otherwise required
by law and without being prorated or apportioned among or charged against the respective devises,
legatees, beneficiaries, transferees, or other recipients of any such property or charged against any
property passing or which may have passed to any of them, I direct that any taxes so paid shall be
charged against my residuary estate. My Executor shall not be entitled to reimbursement for any
portion of any such taxes from any such person. The foregoing provisions of this Article SECOND
shall not apply to such portion or portions of said taxes, interest and penalties which may be required
to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph
FIRST (C), above.
THIRD: Tan2ible Personal ProDertv. Except for those items excluded below and those
items enumerated in the Letter ofInstruction, I bequeath all my tangible personal property, including
but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects,
motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my children,
living at the time of my death, to be divided among them as they may select in as nearly equal shares
as is practical. Tangible personal property shall not include: (1) any and all property used by me in
any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence
of indebtedness, and (5) any life, health or accident insurance policies.
If my children do not survive me, I leave such tangible personal property to the issue of
children per stirpes. If there is any disagreement as to distribution, I direct my Executor to make such
distribution. The decision of my Executor shall be final and binding. Any items not selected or any
items which my Executor considers unsuitable for my children may be distributed or sold in the sole
discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of
my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be
delivered to the minor or to any person to safeguard on behalf of the minor.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated
and unsigned Letter ofInstruction, which I shall place with my Will, containing directions as to the
ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter
of Instruction shall determine the distribution of such items.
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
PAGE 3
FOURm: Residuary Estate.
I devise and bequeath all ofthe rest, residue and remainder of my estate, real, personal and
mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the
then-acting Trustee of the Trust described in Paragraph FIRST (C) of this Will, to be held,
administered and distributed pursuant to the terms thereof, as the same may be amended from time
to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of
Appointment I possess at the time of my death except any power of appointment which I possess
under the Trust described in Paragraph FIRST (C) of this Will.
J<U Iff: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shal1 have and exercise exclusive management and control of the Estate and shall be vested
with the following specific powers and discretion, in addition to the powers as may be generally
conferred from time to time upon the Executor by law:
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such instruments, deeds, or other documents as may be deemed
necessary or proper, including the following powers, all of which may be exercised without order of
or report to any Court:
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement,
including the right to lease for any term notwithstanding the period of the Estate, and to grant
options, including any option for a period beyond the duration of the Estate; except that, in
lieu of any binding shareholder agreement or buy/sell agreement to the contrary, the Executor
shall not be permitted to sell the stock or any other ownership interest in any business owned
by me, or held in trust, at my death, without first offering the same for sale to my children,
or without next offering the same to the corporation or business represented by such
ownership interest for redemption.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes, chases
in action, real estate or improvements thereon, and any other property as the Executor may
deem best, without regard to any law now or hereafter enforced limiting investments of
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
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fiduciaries, except that the Executor may not invest in any securities issued by the corporate
Executor, or issued by a parent or affiliate company of such Executor, or any stock in a
company which the corporate Executor or their parent or affiliate holds as an asset, either
individually or in a fiduciary capacity.
(3) To retain for investment any property deposited with the Executor hereunder;
except that the Executor may not retain for investment any stock in the corporate Executor,
or in a parent or affiliate company of such Executor, or any stock in a company which the
corporate Executor or their parent or affiliate holds as an asset, either individually or in a
fiduciary capacity.
(4) To vote in person or by proxy any corporate stock or other security and to agree
to or take any other action in regard to any reorganization, merger, consolidation, liquidation,
bankruptcy or other procedure or proceedings affecting any stock, bond, note or other
security.
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compensation for their
services.
(6) To compromise, settle or adjust any claim or demand by or against the Estate and
to agree to any rescission or modification of any contract or agreement affecting the Estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure the same
by mortgaging, pledging or conveying any property of the Estate.
(8) To retain and carry on any business in which the Estate may acquire an interest,
to acquire additional interest in any such business, to agree to the liquidation in kind of any
corporation in which the Estate may have an interest and to carry on the business thereof, to
join with other owners in adopting any form of management for any business or property in
which the Estate may have an interest, to become or remain a partner, general or limited, in
regard to any such business or property and to hold the stock or other securities as an
investment, and to employ agents and confer on them authority to manage and operate the
business, property or corporation, without liability for the acts of such agent or for any Joss,
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
PAGE 5
liability or indebtedness of such business if the management is selected or retained with
reasonable care.
(9) To register any stock, bond or other security in the name of a nominee, without
the addition of words indicating that such security is held in a fiduciary capacity, but accurate
records shall be maintained showing that such security is a Estate asset and the Executor shall
be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such
property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the
meantime shall use such part ofthe income and the principal of the Estate as the Executor may deem
necessary to provide for the proper support and education of such person. If such person should die
before becoming twenty-one (21) years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment of a guardian, but shall
be authorized to payor deliver the same to the custodian of such person, to payor deliver the same
to such person without the intervention of a guardian, to payor deliver the same to a legal guardian
of such person if one has already been appointed, or to use the same for the benefit of such person.
(D) In the disbursement of the Estate and any division into separate trusts or shares, the
Executor shall be authorized to make the distribution and division in money or in kind, or both,
regardless ofthe basis for income tax purposes of any property distributed or divided in kind, and the
distribution and division made and the values established by the Executor shall be binding and
conclusive on all persons taking hereunder. The Executor may in making such distribution or division
allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall be authorized to lend or borrow, including the right to lend to or
borrow from any trusts which I may have established during life or by will at an adequate rate of
interest and with adequate security, and upon such terms and conditions as the Executor shall deem
fair and equitable.
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
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(F) The Executor shall be authorized to sell or purchase at the fair market value as
determined by the Executor, any property to or from any trust created by me during life or by Will,
even though the same person or corporation may be acting as Executor of my estate or as Trustee
of any of my other trusts.
(G) The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor may deem
equitable and fair under all the circumstances, including the power to amortize or fail to amortize any
part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity
or sale of any asset, whether purchased at a premium or at a discount, as income or principal or
apportion the same between income and principal, to apportion the sales price of any asset between
income and principal, to treat any dividend or other distribution of any investment as income or
principal, or apportion the same between income and principal, to charge any expense against income
or principal or apportion the same, and to provide or fail to provide a reasonable reserve against
depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the
Executor may reasonably deem equitable and just under all the circumstances. If the Executor does
not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with
Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions
of subsequent state law.
(H) If at any time the total fair market value of the assets of any trust established or to be
established hereunder is so small that the corporate Trustee's annual fee for administering the trust
would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in
effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to
establish such trust, and in such event the property then held in or to be distributed to such trust shall
be distributed to the persons who are then or would be entitled to the income of such trust. If the
amount of income to be received by such persons is to be determined in the discretion of the Trustee,
then the Trustee shall distribute the property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the Trustee in its discretion shall
determine.
(I) Except as otherwise provided in this Will, when the authority and power under this
Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held
jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
PAGE 7
exercise any authority or power granted under this Will or granted by law, and may act under this
Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial
acts shall be void. The action of one such Executor or Trustee under this Will may be validated by
a subsequent ratification of the act by a majority ofthe Executors or Trustees.
SIXTH: Ril!hts and Liabilities of Executor and Trustee.
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of any act or
omission by any Executor, and any Executor shall not be liable for any act or omission except in the
case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment,
the overall performance of the entire Estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the services.
SEVENTH: Tax Elections.
(A) In determining the estate, inheritance and income tax liability relating to my Estate,
the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the
Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to
having gifts made by either of us during my life considered as having been made one-half by each of
us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may
agree. In accordance with IRe Section 2632(a) and without regard to whether a Federal estate tax
return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping
Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may
occur under this Will.
(B) The Executor may, in its discretion, determine the date as of which my gross estate
shall be valued for the purpose of determining the applicable tax payable by reason of my death.
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
PAGE 8
(C) The Executor may, in its discretion, decide whether all or any part of certain
deductions shall be taken as income tax deductions (even though they may equal or exceed the
taxable income of my estate and whether or not claimed or of benefit on my estate's income tax
return) or as estate tax deductions when a choice is available; and in the event that all or any part of
such deductions are taken as income tax deductions, no adjustment of in come and principal accounts
in my estate shall be made as a result of such decisions.
EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid exercise
of a power of appointment. No part of the estate shall be liable for or charged with any debts,
contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of
a beneficiary.
NINTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Cantions. The captions set forth in this Will at the beginning of the various articles
hereof are for convenience of reference only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(C) Children. As used in this Will, the words "child" and "children" shall include persons
who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as
any person born out of wedlock is acknowledged in a written instrument executed by the one of their
natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall
include descendants of all generations including adopted persons. A posthumous child shall be
considered as living at the death of his parent. The birth to me or the adoption by me of a child or
children subsequent to the execution of this Will shall not operate to revoke this Will.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
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LAST WILL AND TESTAMENT
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DOMENICA ALTOBELLI
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(E) Other terms. The use of any gender includes the other genders, and the use of either
the singular or the plural includes the other.
(F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers
of Appointment which I possess at the time of my death except any power of appointment which I
possess under the Trust described in Paragraph FIRST (C), above.
IN WITNESS WHEREOF, I, DOMENICA ALTOBELLI, the Testatrix, have to this my
Last Will and Testament, typewritten on ten (10) pages, including the Acknowledgment and Affidavit,
set my hand and seal this ~ day ofFebruary, 2000.
~~,<.,.~ ~
DOMENICA ALTOBELLI
Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at her request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us
further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding
instrument consists of this and nine (9) other consecutively numbered typewritten pages including the
Acknowledgement and Affidavit.
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ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF 0 UMgElWlIJ1)
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testatrix signed and executed the instrument
as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed
another to sign it for her; that she executed it as her free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the Testatrix sign and execute the
instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix
signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
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ltness
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/Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testatrix and witnesses, this 1t.1h day of February, 2000.
AluCJJh;u
Notary Public
My Commission Expires:
Notarial Seal
Tert L. Walker, Notary Public
Lemoyne Bora, Cumberland County
My Commission Expires Jan. 20. 2003
Member, P9nnsyfvama AssociatIOn ot Notaries
THE
ALTOBELLI FAMILY
TRUST
THIS TRUST AGREEMENT is executed in triplicate on this 16th day of February ,
2000, by and between DOMENICA ALTOBELLI, now ofSeidle Memorial Hospital, Extended
Care Unit, 120 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055
(hereinafter called "Settlor") and DOMENICA ALTOBELLI, now ofSeidle Memorial Hospital,
Extended Care Unit, 120 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania
17055 (hereinafter called "Trustee").
ARTICLE I. TRUST ESTATE
1.01. Initial Principal. Settlor, desiring to establish an irrevocable trust, does hereby
irrevocably transfer, assign and deliver to the Trustee and its successors, and assigns the assets
listed on Schedule A, attached hereto and made a part hereof. As further evidence of such
assignment, the Settlor has executed or will execute or cause to be executed such other
instruments as may be required for the purposes of completing the assignment or transfer of title
to such property to the Trustee. The Trustee accepts such transfer and assignment to itself as
Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to
distribute the income and principal of the Trust in accordance with the provisions of this
Agreement.
1.02. Additional Principal. The Settlor and any other person or persons, with the
consent of the Trustee, shall have the right at any time to make additions to the corpus of this
Trust or any share thereof hereby established. All such additions shall be held, governed, and
distributed by the Trustee in accordance with the terms and conditions of this Agreement. The
Trustee, in its sole discretion, may require, as a prerequisite to accepting property, that the
transferring party provide evidence satisfactory to the Trustee that (i) the property is not
contaminated by any hazardous or toxic materials or substances; and (ii) the property is not being
used and has never been used for any activities directly or indirectly involving the generation, use,
treatment, storage, disposal, release or discharge of any hazardous or toxic materials or
substances.
1.03. Disclaimer. The Trustee shall have the right to disclaim, in whole or in part, prior
to its acceptance by the Trustee, any interests in property for any reason, including but not limited
to a concern that such property could cause potential liability under any federal, state, or local
environmental law.
ARTICLE II. IRREVOCABILITY OF TRUST
2.01. Irrevocabilitv. Settlor has been advised of the consequences of an irrevocable
trust and hereby declares that this Trust shall be irrevocable and shall not be altered, amended,
1
revoked, or terminated by Settlor or any other person or persons.
ARTICLE m. LIFE INSURANCE POLICIES
3.01. General Provisions. If any insurance policies are transferred into this Trust, the
Trustee shall be vested with all right, title, and interest in and to the transferred policies of
insurance, and is authorized and empowered to exercise and enjoy, for the purposes of the Trust
herein created and as absolute owner of such policies of insurance, all the options, benefits, rights
and privileges under such policies, including the right to borrow upon and to pledge them for a
loan or loans. The Trustee takes all rights, title, and interest in and to the above stated insurance
policies subject to any prior split-dollar life insurance agreement and assignments, which may be in
effect at the time of transfer. The insurance companies which have issued policies are hereby
authorized and directed to recognize the Trustee as absolute owner of such policies of insurance
and as fully entitled to all options, rights, privileges, and interests under such policies, and any
receipts, releases, and other instruments executed by the Trustee in connection with such policies
shall be binding upon all persons interested in this Trust. The Settlor hereby relinquishes all
rights, title, interest and powers in such policies of insurance which Settlor may own and which
rights, title, interest and powers are not assignable, and will, at the request of the Trustee, execute
all other instruments reasonably required to effectuate this relinquishment.
3.02. Payment of Premiums. The Trustee shall be under no obligation to pay the
premiums which may become due and payable under the provisions of any policy of insurance
which may be transferred or assigned to this Trust, or to make certain that such premiums are
paid by the transferor of such policy, or to notify any persons of the nonpayment of such
premiums, and the Trustee shall be under no responsibility or liability of any kind in case such
premiums are not paid, except the Trustee shall apply any dividends received on such policies to
the payment of premiums thereon. Upon notice at any time during the continuance of this Trust
that the premiums due upon such policies are in default, or that premiums which will become due
will not be paid, either by the transferor or by any other person, the Trustee, within its sole
discretion, may apply any cash values attributable to such policy to the purchase of paid-up
insurance or of extended insurance, or may borrow upon such policy for the payment of premiums
due thereon, or may accept the cash values of such policy upon the policy's forfeiture. In the
event that the Trustee receives the cash value of such policy upon its forfeiture for nonpayment of
premiums, the amount received shall be added to the corpus of this Trust, and shall be
administered according to the terms of this Agreement. If the insured under such policies of
insurance, becomes totally and permanently disabled within the meaning of any policies and
because thereof the payment of premiums, or any of them, shall during the pendency of such
disability, be waived, the Trustee, upon receipt of such knowledge, shall promptly notify the
insurance company which has issued such policies, and shall take any and all steps necessary to
make such waiver of premium provision effective.
3.03. Duties of Trustee With Re2ard to Life Insurance Policies. The Trustee shall be
under no obligation or duty whatever except with respect to the safekeeping of such policies of
2
insurance and the duty to receive such sums as may be paid to them, in accordance with the
requirements of this Trust, by the companies issuing such policies, and to hold, manage and
disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured, the
Trustee shall make reasonable efforts to carry out the provisions of this Agreement, including the
maintenance or defense of any suit, provided, however, the Trustee shall be under no duty to
maintain or enter into any litigation unless its expenses, including counsel fees and costs, have
been advanced or guaranteed in an amount and in a manner reasonably satisfactory to the Trustee.
The Trustee may repay any advances made by it or reimburse itselffor any such fees and costs
from any corpus or income of this Trust.
ARTICLE IV. TRUST DISTRIBUTIONS
4.01. Trust PrincioaI. Upon the expiration of twenty-four (24) months from the date
of the establishment of this Trust, the distribution of the net income from this Trust shall terminate
and any income thereafter shall accrue to the Trust. The entire corpus of this Trust, including the
assets initially transferred to this Trust, subsequent additions to this Trust, and the proceeds of
any sale, exchange or investment of such Trust assets, shall be used for the purposes herein
contained.
4.02. Income Distribution. During the Settlor's lifetime, the Trustee shall distribute all
of the net income of the trust to, or for the benefit of the Settlor, DOMENICA ALTOBELLI.
The Trustee shall make no distributions of principal to DOMENICA ALTOBELLI.
4.03. Princioal Distributions. Upon the death of the Settlor, DOMENICA
ALTOBELLI, the Trust shall terminate. Upon termination of the Trust, the remaining Trust
estate shall be distributed as follows:
(A) I give, devise and bequeath the sum of THREE THOUSAND AND NO/tOO
(53,000.00) DOLLARS which I own at my death, to PAUL T. ALTOBELLI, currently residing
at 22367 LaFevor Street, Warren, Michigan, 40891. If PAUL T. ALTOBELLI, does not
survive me, the monies shall be added to the residue of my estate.
(B) I give, devise and bequeath the sum of TWO THOUSAND DOLLARS AND
NO/tOO ($2,000.00) DOLLARS which I own at my death, to LORI A. ALTOBELLI, currently
residing at 11858 Frazho Road, Warren, Michigan, 48089. If LORI A. ALTOBELLI, does not
survive me, the monies shall be added to the residue of my estate.
(C) I give, devise and bequeath the sum of TWO THOUSAND AND NO/tOO
($2,000.00) DOLLARS which I own at my death, to DIANE M. GLUGLA, currently residing
at 11742 Herbert Street, Warren, Michigan, 48089. If DIANE M. GLUGLA, does not survive
me, the monies shall be added to the residue of my estate.
3
(D) I give, devise and bequeath all the rest, residue and remainder of my estate, of every
kind and character, real, personal and mixed, tangible and intangible, and wherever situated,
including any lapsed or renounced legacies or devises (and including any property over which I
may have a Power of Appointment), to be divided into separate and equal shares and distributed
to my children, FRANK D. ALTOBELLI, SR., MADELINE A. RYAN, and GRACE A.
GREENE, per stirpes. If any of my children predecease me, then the predeceased child's share of
the residue of my estate shall be distributed to the predeceased child's issue, per stirpes.
If any of the named individuals predecease the termination of this Trust, the predeceased
individual's share shall be distributed, unless otherwise stated, equally to the predeceased
individual's issue, per stirpes, provided that if any named individual predeceases the termination of
this Trust without leaving issue, then such predeceased individual's share shall be distributed
equally to the surviving named individuals, per stirpes.
4.04. General Power of Appointment. Settlor's daughters, MADELINE A. RYAN
and GRACE A. GREENE, are hereby granted the general power, jointly and individually, to
appoint some or all of the principal of this Trust to themselves, their estates, their creditors, or the
creditors of their estates, in such proportions and upon such terms (in trust, outright gifts, or in
any other manner) as they deem advisable. This power shall not be exercisable under her Will and
may only be exercised by written request to the Trustee.
ARTICLE V. POWERS OF TRUSTEE
5.01. General Powers. In addition to such other powers and duties as may have been
granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust,
the Trustee shall have the following powers and duties:
A. In the management, care and disposition of this Trust, the Trustee shall have the
power to do all things and to execute such deeds, instruments, and other documents as may be
deemed necessary and proper, including the following powers, all of which may be exercised
without order of or report to any court:
(1) To sell, exchange, or otherwise dispose of any property, real, personal
or mixed, wheresoever located, at any time held or acquired hereunder, at public
or private sale, for cash or on terms as may be determined by the Trustee, without
advertisement, including the right to lease for any term notwithstanding the period
of the Trust, and to grant options, including an option for a period beyond the
duration of the Trust.
(2) To invest and reinvest all or any part of the Trust Estate in any
common or preferred stocks, shares of investment trusts and investment
companies, bonds, debentures, mortgages, deeds of trust, mortgage participations,
notes, real estate, or other property the Trustee, in the Trustee's discretion, selects;
4
provided that the Trustee may not invest in any stock or securities issued by the
corporate Trustee or issued by a parent or affiliate company of such Trustee; in the
manner that, under the circumstances then prevailing (specifically including, but
not limited to, the general economic conditions and the anticipated needs of the
Trust and its beneficiaries), persons of skill, prudence, and diligence, acting in a
similar capacity and familiar with those matters would use in the conduct of an
enterprise of similar character and similar aims, to attain the Settlor's goals under
this trust agreement.
(3) To retain for investment any property deposited with the Trustee
hereunder.
(4) To vote in person or by proxy any corporate stock or other security
and to agree to or take any other action in regard to any reorganization, merger,
consolidation, liquidation, bankruptcy or other procedure or proceedings affecting
any stock, bond, note or other security held by this Trust.
(5) To use lawyers, real estate brokers, accountants and any other agents,
if such employment is deemed necessary or desirable, and to pay reasonable
compensation for their services.
(6) To compromise, settle or adjust any claim or demand by or against the
Trust and to agree to any rescission or modification of any contact or agreement
affecting the Trust.
(7) To renew any indebtedness, as well as to borrow money, and to secure
the same by mortgaging, pledging or conveying any property of the Trust,
including the power to borrow from the Trustee (in the Trustee's individual
capacity) at a reasonable rate of interest.
(8) To retain any business interest transferred to the trustee, as
shareholder, security holder, creditor, partner or otherwise, for any period oftime
whatsoever, even though the interest may constitute all or a large portion of the
trust principal; to comply with the provisions of any agreement restricting transfer
of the interest; to participate in the conduct of the related business or rely upon
others to do so, and to take or delegate to others discretionary power to take any
action with respect to its management and affairs which an individual could take as
outright owner of the business or the business interest, including the voting of
stock (by separate trust or otherwise regardless of whether that separate trust will
extend for a term within or beyond the term of the trust) and the determination of
all questions of policy; to execute and amend partnership agreements; to
participate in any incorporation, reorganization, merger, consolidation, sale of
assets, recapitalization, liquidation or dissolution of the business, or any change in
5
its nature, or in any buy-sell, stock restriction, or stock redemption agreements; to
invest in additional stock or securities of, or make secured, unsecured, or
subordinated loans to, the business with trust funds; to take all appropriate actions
to prevent, identifY, or respond to actual or threatened violations of any
environmental law or regulation thereunder; to elect or employ with compensation,
as directors, officers, employees, or agents of the business, any persons, including
a trustee of any trust held under this instrument, or any director, officer, employee,
or agent of a corporate trustee of any trust held under this instrument, without
adversely affecting the compensation to which that trustee would otherwise be
entitled; to rely upon reports of certified public accountants as to the operations
and financial condition ofthe business, without independent investigation; to deal
with and act for the business in any capacity (including in the case of a corporate
trustee any banking or trust capacity and the loaning of money out of the trustee's
own funds) and to be compensated therefor; and to sell or liquidate the business or
any interest in the business.
(9) To register any stock, bond or other security in the name of a nominee,
without the addition of words indicating that such security is held in a fiduciary
capacity, but accurate records shall be maintained showing that the stock, bond or
other security is a trust asset and the Trustee shall be responsible for the acts of the
nommee.
(I 0) To set aside as a separate trust, to be held and administered upon the
same terms as those governing the remaining trust property, any interests in
property, for any reason, including but not limited to a concern that such property
could cause potential liability under any federal, state, or local environmental law.
B. Whenever the Trustee is directed to distribute any trust principal in fee simple to a
person who is then under twenty-one (21) years of age, the Trustee shall be authorized to hold
such property in trust for such person until he becomes twenty-one (21) years of age, and in the
meantime shall use such part of the income and the principal of the trust as the Trustee may deem
necessary to provide for the proper support and education of such person in the standard of living
to which he has become accustomed. If such person should die before becoming twenty-one (21)
years of age, the property then remaining in trust shall be distributed to the personal
representative of such person's estate.
c. In making distributions from the Trust to or for the benefit of any minor or other
person under a legal disability, the Trustee need not require the appointment of a guardian, but
shall be authorized to payor deliver the distribution to the custodian of such person, to payor
deliver the distribution to such person without the intervention of a guardian, to payor deliver the
distribution to the legal guardian of such person if a guardian has already been appointed, or to
use the distribution for the benefit of such person.
6
D. In the distribution of the Trust and any division into separate trusts and shares, the
Trustee shall be authorized to make the distribution and division in money or in kind or in both,
regardless of the basis for income tax purposes of any property distributed or divided in kind, and
the distribution and division made and the values established by the Trustee shall be binding and
conclusive on all persons taking hereunder. The Trustee may in making such distribution or
division allot undivided interests in the same property to several trusts or shares.
E. If at any time after Settlor's death the total fair market value of the assets of any trust
established or to be established hereunder is so small that the corporate Trustee's annual fee for
administering the trust would be equal to or less that the minimum annual fee set forth in the
Trustee's regularly published fee schedule, then the Trustee in its discretion shall be authorized to
terminate such trust or to decide not to establish such trust, and in such event the property then
held in or to be distributed to such trust shall be distributed to the persons who are then or would
be entitled to the income of such trust. If the amount of income to be received by such persons is
to be determined in the discretion of the Trustee, then the Trustee shall distribute the property
among such of the persons to whom the Trustee is authorized to distribute income, and in such
proportions, as the Trustee in its discretion shall determine.
F. The Trustee shall be authorized to lend or borrow, including the right to lend to or
borrow from the Settlor's estate, at an adequate rate of interest and with adequate security and
upon such terms and conditions as the Trustee shall deem fair and equitable.
G. The Trustee shall be authorized to sell or purchase, at the fair market value as
determined by the Trustee, any property to or from Settlor's estate, the estate of Settlor's spouse,
or any trust created by Settlor or Settlor's spouse during life or by will, even though the same
person or corporation may be acting as executor of Settlor's estate or the estate of Settlor's
spouse or as trustee of any other such trusts and as the Trustee of this Trust.
H. The Trustee shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Trustee may
deem equitable and fair under all the circumstances, including the power to amortize or fail to
amortize any part or all of any premium or discount, to treat any part or all of the profit resulting
from the maturity or sale of any asset, whether purchased at a premium or at a discount, as
income or principal or apportion the same between income and principal, to apportion the sales
price of any asset between income and principal, to treat any dividend or other distribution on any
investment as income or principal or to apportion the same between income or principal, to
charge any expense against income or principal or apportion the same, and to provide or fail to
provide a reasonable reserve against depreciation or obsolescence on any asset subject to
depreciation or obsolescence, all as the Trustee may reasonably deem equitable and just under all
of the circumstances.
5.02. Votin2 bv Trustee. When the authority and power under this Trust is vested in
two (2) or more Trustees or Co-Trustees, the authority and powers are to be jointly by the
7
Trustees or Co-Trustees. A majority of the Trustees or Co-Trustees may exercise any authority
or power granted under this Trust Agreement or granted by law, and may act on behalf of the
Trust. Any attempt by one such Trustee to act for the Trust on other than ministerial acts shall be
void. The action of one such Trustee on behalf of the Trust may be (but need not be) validated by
a subsequent ratification of the act by a majority of the Trustees or Co-Trustees.
5.03 Trustees Power to Deal with Environmental Hazards. The Trustee shall have
the power to use and expend the trust income and principal to (i) conduct environmental
assessments, audits, and site monitoring to determine compliance with any environmental law or
regulation thereunder; (ii) take all appropriate remedial action to contain, clean up or remove any
environmental hazard including a spill, release, discharge or contamination, either on its own
accord or in response to an actual or threatened violation of any environmental law or regulation
thereunder; (iii) institute legal proceedings concerning environmental hazards or contest or settle
legal proceedings brought by any local, state, or federal agency concerned with environmental
compliance, or by a private litigant; (iv) comply with any local, state or federal agency order or
court order directing an assessment, abatement or cleanup of any environmental hazards; and (v)
employ agents, consultants and legal counsel to assist or perform the above undertakings or
actions. Any expenses incurred by the trustee under this paragraph may be charged against
income or principal as the trustee shall determine.
ARTICLE VI. SPENDTHRIFT PROVISION
6.01. General Provision. No beneficiary shall have the power to anticipate, encumber
or transfer his interest in the Trust Estate in any manner other than by the valid exercise of a
Power of Appointment. No part of the Trust Estate shall be liable for or charged with any debts,
contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor
of a beneficiary.
ARTICLE Vll. CONSTRUCTION OF TRUST
7.01. Choice of Law. This Trust shall be administered and interpreted in accordance
with the laws of the Commonwealth of Pennsylvania.
7.02. Code. Unless otherwise stated, all references in this Trust to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding
provisions of any subsequent federal tax laws applicable to this Trust.
7.03. Other Terms. Unless the context otherwise requires, the use of one or more
genders in the text includes all other genders, and the use of either the singular or the plural in the
text includes both the singular and the plural.
7.04. CaDtions. The captions set forth in this Agreement at the beginning of the various
divisions hereof are for convenience of reference only and shall not be deemed to define or limit
8
the provisions hereof or to affect in any way their construction and application.
7.05. Situs of Trust. The Trust shall have its legal situs in Cumberland County,
Pennsylvania.
ARTICLE VITI.
COMPENSATION OF TRUSTEE AND
APPOINTMENT OF SUCCESSOR TRUSTEE
8.01. Comoensation. The Trustee shall receive as its compensation for the services
performed hereunder that sum of money, based on an hourly charge or percentage rate, which the
Trustee normally and customarily charges for performing similar services during the time which it
performs these services.
8.02. Removal of Trustee. Settlor may remove the Trustee, at any time or times, with
or without cause, upon thirty (30) days written notice given to the current Trustee. Upon the
death of the Settlor, a majority of the current beneficiaries may remove the Trustee, at any time or
times, with or without cause, upon thirty (30) days written notice given to the Trustee. Upon the
removal of the Trustee, a successor Trustee shall be appointed in accordance with the terms set
forth in Paragraph 8.03.
8.03. Aooointment of Successor Trustee. The Trustee may resign at any time upon
thirty (30) days written notice given to the Settlor if Settlor is living, or in the event of Settlor's
death, upon thirty (30) days written notice given to the current beneficiary or beneficiaries
(including a beneficiary's natural or legal guardian or legal representative), hereunder. Upon the
death, resignation, removal or incapacity of the Trustee, a successor trustee may be appointed by
the Settlor during Settlor's lifetime, or, after Settlor's death, by a majority of the current income
beneficiaries. Any successor trustee thus appointed, or, if the Trustee shall merge with or be
consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all
the duties and to all the powers, including discretionary powers, herein granted to the Trustee.
8.04 Exoneration of Trustee. No Trustee shall be liable for any loss or depreciation in
value sustained by the Trust as a result of the Trustee retaining any property upon which there is
later discovered to by hazardous materials or substances requiring remedial action pursuant to any
federal, state, or local environmental law, unless the Trustee contributed to the loss or
depreciation in value through willful default, willful misconduct, or gross negligence.
8.05. Indemnification of Trustee Uoon Distribution. Notwithstanding any contrary
provision in this Trust Agreement, the Trustee may withhold a distribution to a beneficiary until
receiving from the beneficiary an indemnification an agreement in which the beneficiary agrees to
indemnify the Trustee against any claims filed against the Trustee as an "owner" or "operator"
under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
from time to time amended, or any regulation thereunder.
9
ARTICLE IX. PERPETUITIES CLAUSE
9.01. General Provision. Notwithstanding anything to the contrary in this Trust, each
disposition I have made here, legal or equitable, to the extent it can be referred in its
postponement of becoming a vested interest to a duration measured by some life or lives in being
at the time of my death is definitely to vest in interest, although not necessarily in possession, not
later that twenty-one (21) years after such lives (and any period of gestation involved); or, to the
extent it cannot be referred in any such postponement to such lives, is to so vest not later than
twenty-one (21) years from the time of my death.
ARTICLE X.
ACQUISITION OF UNITED STATES TREASURY BONDS
ELIGmLE FOR TAX PAYMENT; PAYMENT OF TAXES, FUNERAL
EXPENSES, AND EXPENSES OF ADMINISTRATION
10.01. Acauisition of Bonds. The Trustee may, at any time, without the prior approval
or direction of the Settlor and whether or not the Settlor is able to manage Settlor's own affairs,
acquire United States Treasury Bonds selling at a discount, which bonds are redeemable at their
par value plus accrued interest thereon for the purposes of applying the proceeds to the payment
of the United States estate tax on the Settlor's estate; and the Trustee may borrow from any
lender, including itself, with or without security, to so acquire these bonds.
10.02. Payment of United States Estate Tax bv Bond RedemDtion. The Settlor
directs that any United States Treasury Bonds which may be redeemed at their par value plus
accrued interest thereon for the purpose of applying the proceeds to the payment of the United
States estate tax imposed on the Settlor's estate, and which are held by the Trustee, shall, to the
extent of the amount determined to be required for payment of the estate tax, be distributed to the
legal representative of the Settlor's estate to be used by the legal representative ahead of any other
assets and to the fullest extent possible to pay the estate tax.
10.03. Payment of Death Taxes and Other Estate Settlement Costs. After the Trustee
has complied with paragraph 10.02, above, and ascertained from the legal representative that all
such bonds have been redeemed in payment of the United States estate tax, the Trustee shall also
ascertain from the legal representative whether the legal representative has sufficient assets to pay
the remaining legacy, succession, inheritance, transfer, estate and other death taxes or duties
(except the additional estate tax imposed by Section 2032(c), or corresponding provisions of the
Internal Revenue Code of 1986 applicable to the Settlor's estate and imposing the tax) levied or
assessed against the Settlor's estate (including all interest and penalties thereon), all of which
taxes, interest and penalties are hereafter referred to as the death taxes, interest and penalties. If
the legal representative advises the Trustee that insufficient funds exist to pay all the death taxes,
interest and penalties, the Trustee shall then pay to the legal representative from the trust
property, an amount equal to all the death taxes, interest and penalties in excess of the funds
available to the legal representative for this purposes, which payments are to be made without
10
apportionment. In making the payments, the Trustee shall use only those assets or their proceeds
which are includable in the Settlor's gross estate for purposes of the United States estate tax and
shall not impair the marital portion without first exhausting the entire non-marital portion.
If the Executor of the Settlor's estate, in such Executor's sole discretion, shall determine
that appropriate assets of Settlor's estate are not available in sufficient amount to pay (1) the
Settlor's funeral expenses, and (2) expenses of administering the Settlor's estate, the Trustee shall,
upon the request of the Executor of the Settlor's estate, contribute from the principal of the trust
estate the amount of such deficiency; and in connection with any such action the Trustee shall rely
upon the written statement of the Executor ofthe Settlor's estate as to the validity and correctness
of the amounts of any such expenses, and shall furnish funds to such Executor so as to enable
such Executor to discharge the same, or to discharge any part of all thereof itself by making
payment directly to the person entitled or claiming to be entitled to receive payment thereof No
consideration need be required by the Trustee from the Executor of Settlor's estate for any
disbursement made by the Trustee pursuant hereto, nor shall there be any obligation upon such
Executor to repay to the Trustee any of the funds disbursed by it hereunder, and all amounts
disbursed by the Trustee pursuant to the authority hereby conferred upon it shall be disbursed
without any right in or duty upon the Trustee to seek or obtain contribution or reimbursement
from any person or property on account of such payment. The Trustee shall not be responsible
for the application of any funds delivered by it to the Executor of the Settlor's estate pursuant to
the authority herein granted, nor shall the Trustee be subject to liability to any beneficiary
hereunder on account of any payment made by it pursuant to the provisions hereof
IN WITNESS WHEREOF, the Settlor and Trustee have hereunto set their hands and
seals as of the day and year first above written.
WITNESS:
G~ ~(~~
ti.:~~ ~ . Wo.~
LII&'N......<A- ~: (SEAL)
DOMENICA ALTOBELLI, SETTLOR
11
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the Ilc-<<l day of February, 2000, before me, a Notary Public, the undersigned
officer, personally appeared DOMENICA ALTOBELLI, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within Trust Agreement, and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
6lli)CllluJ
Notary Public
My Commission Expires:
Notarlal Seal
Terl L. Walker, Notary Public
Lemoyne Bom, Cumberlend County
My Commission Expires Jan. 20, 2003
Member, Pennsylvania Association ot Notanes
The foregoing Trust Agreement was delivered, and is hereby accepted, at Lemoyne,
Pennsylvania, on February JL, 2000.
WITNESS:
I;~__ ~_, >:.... ~.jl.l..' (SEAL)
DOMENICA ALTOBELLI, SETTLOR
t-"",\l6-tL ~ Q . \~}J~
\
12
SCHEDULE "A"
SCHEDULE
REFERRED TO IN THE ANNEXED
TRUST AGREEMENT
DATED: FEBRUARY /6 ,2000
FROM DOMENICA ALTOBELLI, SETTLOR
TO DOMENICA ALTOBELLI, TRUSTEE
PROPERTY DESCRIPTION:
13
II
!
FAMILY SETTLEMENT AND FINAL RELEASE
IN THE
ESTATE OF DOMENICA ALTOBELLI
i
I
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Domdnica
Altobelli, late of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, deceJsed,
died on October 13, 2004, testate. I
I
I
WHEREAS, Letters Testamentary were granted to Madeline A. Ryan, on Decembbr 7,
2004, with same having been filed in Cumberland County, Pennsylvania, to Estate No. 2]-04-
1119' !
, I
WHEREAS, the said personal representative has gathered the assets of the estate o~ the
said decedent and the assets consist of personal property to a total value of $150.00, as set forth
in Exhibit "A", which is a statement of account of the said personal representatives, and whi~h is
attached hereto and made a part hereof, and marked Exhibit "A"; ,
i
WHEREAS, the debts and deductions amount to $1,433.56, leaving a balancJ for
distribution of ($1,283.56), also as set forth in the statement of the said personal representa~ives,
which is attached hereto and made a part hereof, and marked Exhibit "B";
NOW THEREFORE, KNOW YE, that we, Frank D. Altobelli, Sr., Madeline A. I{..yan,
and Grace A. Greene, being the heirs of the said decedent, and being the individuals entitl~d to
inherit under the Last Will and Testament, do hereby acknowledge that we have this day ha~ and
received from the aforesaid personal representative, in full satisfaction and payment of all S4m or
sums of money, legacies, bequests, and devises as are given, devised and bequeathed to us ~y the
said Last Will and Testament, which amount we have received this day, and which is the a ount
set opposite our names in the table and schedule of distribution in said statement attached h reto
and marked Exhibit "C"; I
AND, we do hereby stipulate that in order to avoid the expense and time involved ~n the
filing of a formal account and schedule of distribution, we agree that no account is necessar~ and
we hereby agree and consent to distribution being made without the filing of an accoun~ and
schedule of distribution, the same to be with the same force and effect as if it had been file~ and
confirmed by the Orphan's Court Division of the Court of Common Pleas of Cumbdrland
I
County. I
I
THEREFORE, we do hereby remise, release, quitclaim and forever discharge th~ said
personal representatives, their heirs, executors, administrators and assigns, of and from th~ said
estate and from all actions, suits, payments, accounts, reckonings, claims" and derWlnds
whatsoever, touching upon the estate of said decedent, and we do further hereby e-ovenanti'and '-,
agree that we will contribute my share of the estate to satisfy any and all claims, demapds,ciJJits,
, <,. ,
or causes of action which may be successfully prosecuted against the said estate or the afole~aid' :
personal representatives after the signing, sealing and delivery of this family settl~ment, i ; ", ')
agreement and final release. ::~'i
, C)
r'",,) ;.'1"-'
..'"
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~
IN WITNESS WHEREOF, we have hereunto set my hand and seal this 16 T1l d~y of
Clcro8A2- , 2005. !
WITNESSES:
~#~Q ~~
' ~) FRANK D. ALTOBELLI, SR.
~
t:/h . / ;
U~kp~ a.CU1V
MADELINE A. RYAN .
~1 '&/IY ·
~adtL&~
LJRACEA. GREENE '
o.
STATE OF
/nA,..e V,(AA/l\
id A.a.e-S'TE ~
SS
COUNTY OF
On this / 7 day of ?i UcrUS T , 2005, before me,. the
undersigned officer, personally appeared FRANK D. ALTOBELLI, SR., known to m~ (or
satisfactorily proven) to be the individual whose name is subscribed to the foregoing instru~ent,
and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
3/; /0:<006
~
.,
.'
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF tv.VY\b;J\.~
SS
On this { -rh day of -::ru-n-t.. , 2005, before me, I the
undersigned officer, personally appeared MADELINE A. RYAN, known to me (or satisfact~rily
proven) to be the individual whose name is subscribed to the foregoing instrument, i and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
~
Notar PublIc
h1,~.
(SEAL)
NOTARIAL SEAL
Stephanie M. Rider, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires Oct. 31, 2005
, I
. ,
~
STATE OF V~
COUNTY OF t1un(PLcl~
SS
On this I~ day of ji~~ ' 2005, before me, I the
undersigned officer, personally appeared GR CE A. GREENE, known to me (or satisfactprily
proven) to be the individual whose name is subscribed to the foregoing instrument, I and
acknowledged that she executed the same for the purposes therein contained. '
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: @,~ 3( l?;.;DS
(SEAL)
DEBITS:
LAST AND FINAL ACCOUNT OF THE
ESTATE OF DOMENICA ALTOBELLI,
LATE OF THE BOROUGH OF MECHANICSBURG,
CUMBERLAND COUNTY, PENNSYLVANIA
DATE OF DEATH: OCTOBER 13, 2004
PRINCIPAL ACCOUNT
Your Accountants charge themselves with the following:
Personal Property
Miscellaneous clothing and personal items
TOTAL PRINCIPAL DEBITS:
EXHIBIT A
$ 15(j).OO
I
$ 15f'00
CREDITS
Your Accountants ask credit for payments made from Principal Account as follows:
1.
2.
3.
4.
5.
Description
Dr. Sullivan - Medical Bill
Register of Wills, Cumberland County - Probate fees
Cumberland Law Journal- Estate Advertise
The Patriot News - Estate Advertisement
Hartman & Scheuchenzuber - Accounting fees for final
income tax returns
6.
Register of Wills, Cumberland County - Filing fee for
P A Inheritance Tax Return
Orphan's Court, Cumberland County - Filing fee for
Family Settlement Agreement
Law Firm of Linda A. Clotfelter - Professional fees for
estate administration
7.
8.
TOTAL:
RECAPITULATION
Principal Debits
Minus: (A)
(B)
Administrative Expenses
Last Debts of Decedent
SUBTOTAL:
TOTAL BALANCE OF ESTATE ASSETS
AVAILABLE FOR_DISTRIBUTION
JOINT PROPERTY
Treatment
Description
Amount
$ 20.00
$ 72.00
$ 75.00
$ 181.56
$ 150.00
$ 15.00
$ 20.00
$ 900.00
$1,433.56
$ 150.00
$ 1,423.56
$ 20.00
$ 1,433.56
($ 1,283.56)
A.
Members 1 sl Federal Credit Union savings
Account number 181409-00 date of death
Balance $1,112.98. Madeline A. Ryan is a
Joint tenant with rights of survivorship
By operation of law, decedent's
ownership interest passed to
surviving tenant on date of death
B.
Members 1 sl Federal Credit Union checking
Account number 181409-11 date of death
Balance $1,398.00. Madeline A. Ryan is a
Joint tenant with rights of survivorship
By operation of law, decedent's
ownership interest passed to
surviving tenant on date of death
EXHIBIT B
PROPOSED DISTRIBUTION
The Personal Representative proposes distribution of the Total Balance for Distribution to thie
following heir as described:
FRANK D. ALTOBELLI, SR.
Specific bequest of
113 personal items
No Value I
Distributed
MADELINE A. RYAN
Specific bequest of
1/3 personal items
No Value:
Distribut~d
GRACE A. GREENE
Specific bequest of
113 personal items
No Value
Distributed
EXHIBIT C
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Register of Wills of Cumberland County
STATUS REPORT UNDER RULE 6.12
N fD d t DOMENICAALTOBELLI
ame 0 ece en :
Date of Death: OCTOBER 13, 2004
Estate No.: 21-04-1119
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration of the above-captioned estate:
D t 10/14/05
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1. State whether administration of the estate is complete:
Yes l&I No 0
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes 0 No 181
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties in
interest? Yes 181 No 0
c. Copies of receipts, releases, joinders and approval of formal or informal
accounts may be filed with the Clerk of the Orphans' Court and may be
attached to this report.
Name
5021 E. TRINDLE ROAD
MECHANICSBURG, PA 17050
Address
(717)796-1930
Telephone No.
Capacity:
o Personal Representative
I&l Counsel for personal representative
\Fe: