HomeMy WebLinkAbout06-04-13 � nesec
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is(are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information ��_ � .�` /����
Name: Joan L.HastinQS File No: �1�
a/k/a: (Assigned by Register)
a/k/a:
afkfa: Social Security No:
Date of Aeath: April 18,2013 Age at death: 79
Decedent was domiciled at death in Cwnberland County, pe��ayl�an;a (Srare) with his/her last
principal residence at ]631 Bridee Street. 17070 New Cumberland.New Cumberland Boroueh Cumberland
Street address,Post Oftice and Zip Cade Clty,Township or Barough County
Decedent died at 1631 Bridee Street. 17070 New Cumberland.New Cumberland Boroueh Cumberland PA
Stree[address,Pos[Offtce and Zip Code C�ty,Township or Borough CounTy State
Estima[e of value of decedenPs property at death;
!f domici[ed in Pennsy[vanra.. . . . .. . . . . . . . . . . . .. . . . . . . .. All personal property $ 50 000.00
/f not domiciled in Pertnsy[vania. . . . .. . . . . . . . . . . . .. . . . . . Personal properfy in Pennsylvania $
!f not domiciled in Pennsylvania. .. . . . .. . . . . . . . . . . . .. . .. Personal properiy in Counry $
Value ojreal estate in Pennsylvania.. . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . $ 242'iD0.00
TOTAL ESTIMATED VALUE. . . . $ 292300.00
Real estate in Pennsylvania situa[ed at: 1631 BridQe Street 17070 New Cumberland,New Cumberland Borough Cumberland
(A«ach add(tiona[sheets,if necessary.) Stree[addr¢sa,Post Office and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)avcr(s)he/she/they is/are the Executor(s)named in Ihe last Will of the Decedent,dated Decembei 14,2007 and Codicil(s)
thereto dated
Sta[e relevant circumstances(e.g.renunciation,deaJh of executoq elc)
Except as follows: afterthe execution of the instrument(s)ofPered forprobate Deceden[did not marry,was no[divorced,was not a party to a pending
divorce proceeding wherein[he groa�ds for divorce had been established as defined in 23 Pa. C.S. § 3323(g),and did not have a child bom or
adopted;and Deceden[was neither the vic[im of a kiliing nor ever adjudicated an incapacitated person.
�NO EXCEPT[ONS �EXCEPTIONS
Q B. PetiHon for Grant of Letters of Administration (If appticable)
c.t.a., d.b.n., d.b.n.c.t.a.,pendentelite, duranteabsentia, duranteminoritate
If Administration,c.aa. or d.b.n.c.ta., enter date of Will in Section A above and complete liet of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein[he grounds for divorce had beee-established as defined
in 23 Pa.C.S. § 3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated pers6fl? _� � %�
.., rr�
� NO EXCEPTTONS � EXCEPTTONS � � ���
Petitioner(s),after a proper searoh has/have ascertained tha[Decedent left no W ill and was survived by the fo119a�s(muse(ffiany)a4;d�'irs(attach
additionadshee�s, ijnecessary): � Z m � ?��i r�
Name Relationshi Amdr � -r � =�
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PormRW-02 rev. 10/7/201] Page 1 Of2
Oath of Personal Representative oee��ai use o�iY
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY oF CUMBERLAND }
Petitioner(s)Printed Name Pe[i[ioner(s)Pri�ted Address
Paul F.Hastin s 1631 Brid e Street New Cumbetland PA 17070
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and conect to the bes[of the knowledge and belief
of Petitioner(s)and that,no,Personal Representa[ive(s)of the Dec k��e/PJetitio r( will well and truly administec the estate acwr ng to law.
Sworn to or affinned and suSscribed before ��f,t•t-(��Z�s� Dace -� O /3
me this��1 day of _, ,90 ' �Da�e
By: � ,� Date
F theRegister �.-,�y�L�*-Ly Date
BOND Required: � YES Q NO . To the Register ojWills:
FEES: Please enter my appearance by my signature below:
Let[ers . . . . . . . . . . . . . . . . . . . . . . $ 310.00 Attorney Signature:
( 6) Short Certificate(s). . . . . . 30.00
{ )Renunciation(s).. . . . . . . .
( ) Codicil(s). . . . . . . . . . . . .
( ) Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . P d Na , Elizabeth P. Mullau h
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: �6397
Will 15.00
PA Inh.Tax Retum 15.00 Firm Name: McNees Wallace&Nurick LLC
Inven[orv . . . . . . . . 15.00 Address: 100 pine Street P.O. Rnx 1166
. . . . . . . . Harrishnrg PA 1710R-1166
. . . Phone: 717.237.5243
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717.260.1729
JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: F.mnllang�mwn enm ���_` � %�
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 413.50 O �..s ��T—
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W —:i Z '"� c�,;•
DECREE OF THE REGISTER m s � ,., s�-
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Estate of Joan L.Hastines File No: �1— 1�"'�7ZLC]C_..1 c' T
a/kla: � r. <.- � �
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AND NOW, `��� � �t,LYI� ,�, in consideratib�.jr o�the for�oin�P�tion,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentaisa —�
are hereby granted to Paul F. Hastin�s _
in the above estate at:d(ifapplicable) that
the instrument(s) dated December 14,2007
described in the Petition be admitted to probate and filed of record as the last Will (and Cedio�� )) of Decedent.
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egister of Wilis �y+�fn��
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Hllit%OaRI��Vnu�,l. ♦ . . _ . � . . . _ . . _ . _ _ . _ � .
_ . . __ . _ _ _ _ . . . ..
LAST WILL AND TESTAMENT � � �
OF m �' � G? o
JOAN L. HASTINGS � z c� �- '.� ''
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I, JOAN L. HASTINGS, of New Cumberland, Cumberland County;fPepnsylvaRi�, rraake�
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this Will, hereby revoking all my former Wills and Codicils. _ , ,;
1� j
ARTICLE ONE
TANGIBLE PERSONAL PROPERTY
§ 1.1 I bequeath all my tangible personal property, including by way of illustration but
not by way of limitation, my household furniture and furnishings, paintings, books, automobiles,
jewelry and personal effects, exclusive of any such property used in a trade or business, to my
husband, PAUL F. HASTINGS ("My Husband"), if he survives me. If My Husband does not
survive me, I bequeath all such property to my children, GARY A. HASTINGS ("Gary"), DONA
H. ELSCHEID ("Dona"), and JODI R. TAYLOR ("Jodi"), (collectively, "My Children"), living at
my death, to be divided among them in as nearly equal shares as they agree. In the event of
irreconcilable disagreement among My Children, they shall take alternate turns selecting
individual items with my oldest Child making the first selection. Any items not so selected shall
be sold and the proceeds shall pass as a part of my residuary estate.
§ 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any
policies of insurance on such property to the beneficiary entitled to such property.
§ 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
administrative expense of my estate.
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ARTICLE TWO
SPECIFIC BEQUEST
§ 2.1 I bequeath to my issue who survive me, per stirpes, any life insurance policy that
I own which insures the life of My Husband, including the cash surrender value of any such life
insurance policy.
ARTICLE THREE
MARITAL TRUST
§ 3.1 If My Husband survives me, I devise and bequeath to my Trustee herein named,
an amount equal to the value of my probate estate (determined on the basis of the values
finaliy determined for federal estate tax purposes), other than property passing under the
foregoing provisions of this Will, reduced by an amount, if any, needed to increase my taxable
estate so that the federal estate tax as finally determined, after taking into consideration my
adjusted taxable gifts, wili equal my unified credit (the applicable credit amount), the credit for
property previously taxed and the state death tax credit (if then in effect and to the extent that
the use of said credit does not result in an increase in the state death taxes otherwise payable)
available against such tax, assuming that an election were made to qualify all qualified
terminable interest property, other than the trust provided for under Article Four of this Will, for
the federal estate tax marital deduction whether or not such election is actually made. This
trust, to be known as the Marital Trust, may be composed of cash, of property in kind or partly
of cash and partly of property in kind, and shall be funded only with property which qualifies for
the federal estate tax marital deduction in my estate, valued at the date of distribution, and
which, to the extent other property is available, shall not include property for which a foreign
death tax credit is available. The Marital Trust shall be administered and distributed in
accordance with the following provisions of this Article Three:
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§ 3.1.1 The Trustee shall hold, manage, invest and reinvest the trust
property, shall collect the income thereof and shall distribute the net income in
quarter-annual installments, or more frequently if the Trustee deems it advisable,
to or for the benefit of My Husband.
§ 3.1.2 The Trustee may also distribute to or for the benefit of My
Husband so much of the principal of the trust property as the Trustee shall from
time to time deem necessary or proper for My Husband's health, maintenance
and support, taking into account other available funds, including My Husband's
individual assets.
§ 3.1.3 Upon the death of My Husband:
§ 3.1.3.1 The Trustee shall pay any accrued or
undistributed net income to My Husband's personal representative
and shall also pay to My Husband's personal representative or
directly to the taxing authority, from the principal of the trust
property, the additional amount of estate taxes, inheritances taxes,
transfer taxes and other taxes of a similar nature, and all interest
and penalties with respect to any such taxes, attributable to the
inclusion of the value of this trust in My Husband's estate for such
tax purposes; and
§ 3.1.3.2 The Trustee shall then distribute the balance of
the trust property in accordance with the provisions of Article Five
hereof.
ARTICLE FOUR
RESIDUARY UNIFIED CREDIT TRUST
§ 4.1 If My Husband survives me, I devise and bequeath to my Trustee, herein named,
all of the rest, residue and remainder of my estate to be held for the benefit of My Husband in
trust, in accordance with the following provisions of this Article Four:
§ 4.1.1 The Trustee shall hold, manage, invest and reinvest the trust
property, shall collect the income thereof and, during the life of My Husband, the
Trustee shall distribute the net income in quarter-annual installments, or more
frequently if the Trustee deems it advisable, to or for the benefit of My Husband.
§ 4.1.2 The Trustee may also distribute to or for the benefit of My
Husband, so much of the principal of the trust property as the Trustee shall from
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time to time deem necessary or proper to adequately provide for My Husband's
health, maintenance and support, taking into account other available funds,
including My Husband's assets; provided, however, no such distribution shali be
made untii all assets held in the trust created by Article Three of this W iil are first
expended or exhausted.
§ 4.1.3 Upon the death of My Husband, the Trustee shall distribute the
balance of the trust property in accordance with the provisions of Article Five
hereof.
ARTICLE FIVE
UPON THE DEATH OF THE SURVIVOR OF MY HUSBAND AND ME
§ 5.1 Upon my death, if My Husband does not survive me or to the extent My Husband
is deemed to have predeceased me as a result of a valid disclaimer, or if My Husband survives
me, then upon My Husband's death, all assets not otherwise disposed of by this Will or to be
distributed in accordance with this Article Five shall be distributed to my then living issue, per
stirpes, subject to being held in trust in accordance with the provisions of Article Six hereof.
ARTICLE SIX
TRUST FOR BENEFICIARY UNDER TWENTY-EIGHT YEARS OF AGE
§ 6.1 Except as otherwise may be provided in this Will, if any beneficiary is entitled to
receive a mandatory distribution of property from my estate or from any trust created by this
Will and is under twenty-eight (28) years of age, I devise and bequeath such property to my
Trustee, herein named, or l direct that such property be held by my Trustee in continued trust,
as the case may be, for the benefit of such beneficiary, in trust, in accordance with the following
provisions of this Article Six:
§ 6.1.1 While each such beneficiary is under twenty-one (21) years of
age, the Trustee shall ho�d, manage, invest and reinvest the trust property, shall
collect the income thereof and shall apply to or for the benefit of such beneficiary
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so much of the net income and, if the net income is insufficient, so much of the
principal of the trust property as the Trustee shall from time to time deem
necessary or proper for such beneficiary's health, maintenance, support and
complete education, including college and graduate education, and professional,
vocational or technical training. The Trustee shall annually accumulate any net
income not so distributed and add the same to the principal of the trust property.
§ 6.1.2 After such beneficiary attains twenty-one (21) years of age, the
Trustee shall continue to hold, manage, invest and reinvest the trust property,
shall collect the income thereof and shall distribute the net income in quarter-
annual installments, or more frequently if the Trustee deems it advisable, to or
for the benefit of such beneficiary.
§ 6.1.3 In addition to the foregoing, after such beneficiary attains
twenty-one (21) years of age, the Trustee may distribute to or for the benefit of
such beneficiary so much of the principal of the trust property as the Trustee
shall from time to time deem necessary or proper for such beneficiary's health,
maintenance, support and complete education, including coilege and graduate
education, and professional, vocational or technical training, and to assist such
beneficiary with his or her reasonable wedding expenses, in the purchase of a
principal residence and in the establishment of a profession or of a business
considered a good risk by the Trustee, taking into account other available funds,
including such beneficiary's assets.
§ 6.1.4 At any time after such beneficiary attains twenty-two (22) years
of age and prior to attaining twenty-five (25) years of age, such beneficiary may
withdraw such sums as do not exceed one-third (1/3) of the market value of the
principal of his or her trust as constituted on his or her twenty-second (22nd)
birthday, or if his or her trust is established on or after his or her twenty-second
(22nd) birthday, such sums as do not exceed one-third (1/3) of the market value
of the principal of his or her trust as constituted on the establishment thereof.
§ 6.1.5 At any time after such beneficiary attains twenty-five (25) years
of age and prior to attaining twenty-eight (28) years of age, such beneficiary may
withdraw such sums as do not exceed one-half (1/2) of the market value of the
principal of his or her trust as constituted on his or her twenty-fifth (25th)
birthday, or if his or her trust is established on or after his or her twenty-fifth
(25th) birthday, such sums as do not exceed one-half(1/2) of the market value
of the principal of his or her trust as constituted on the establishment thereof.
§ 6.1.6 At any time after such beneficiary attains twenty-eight (28) years
of age, such beneficiary may withdraw any or all of the principal of his or her
trust.
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§ 6.1.7 If such beneficiary dies before the complete termination of his or
her trust, the Trustee shall distribute the property then held in trust as follows:
§ 6.1.7.1 If the beneficiary's trust is a Non-GST Exempt
Trust as defined in § 8.2.13 herein, the Trustee shall distribute the
property then held in trust for such beneficiary to such persons or
entities (including the beneficiary's estate), in such amounts and
upon such trusts, terms and conditions as the beneficiary by his or
her last Will may appoint by specific reference to this general power
of appointment. Any property not so appointed shall be divided into
shares and distributed to the beneficiary's issue then living, per
stirpes, or, if none, to the issue then living of the parent of such
beneficiary who was a descendent of mine, per stirpes, or if none, to
my issue then living, per stirpes, and in all circumstances subject to
being held in continued trust in accordance with the provisions of this
Article Six.
§ 6.1.7.2 If the beneficiary's trust is a GST Exempt Trust
as defined in § 8.2.13 herein, the Trustee shall distribute the
property then held in trust for such beneficiary to such of my issue
other than the beneficiary in such amounts and upon such trusts,
terms and conditions as the beneficiary by his or her last Will may
appoint by specific reference to this special power of appointment.
Before exercising such special power of appointment, I request
that the beneficiary seek counsel regarding the generation-
skipping transfer tax effects of such exercise. Any property not so
appointed shall be divided into shares and distributed to the
beneficiary's issue then living, per stirpes, or, if none, to the issue
then living of the parent of such beneficiary who was a
descendant of mine, per stirpes, or, if none, to my issue then
living, per stirpes, and in ali circumstances subject to being held in
continued trust in accordance with the provisions of this Article
Six.
ARTICLE SEVEN
APPOINTMENT OF FIDUCIARIES
§ 7.1 I appoint My Husband as Executor of this Will. If My Husband is unable or
unwilling to act or continue to act, for any reason whatsoever, I appoint My Ck�ildren, Gary,
Dona and Jodi, as successor Co-Executors. If any of them is unable or unwillling to act or
{n�szzss:} _ g _
continue to act, for any reason whatsoever, the vacancy shall not be filled and the other then
serving Co-Executor(s) shatl act or continue to act as Co-Executor or sole Executor or
Executrix, as the case may be. All references herein to the "Executor" shall mean my originally
appointed Executor or my successor Co-Executors, Executor or Executrix, as the case may be.
§ 7.2 I appoint My Children, Gary, Dona and Jodi (each, an "individual Trustee"), as
Co-Trustees of any trust created by this W ili. ff any individual Trustee is unable or unwi�ling to
act or continue to act, for any reason whatsoever, the vacancy shall not be filled and the other
then serving individual Trustee(s) shall act or continue to act as individual Trustee(s). The
individual Trustee(s) may but shall not be required to appoint a corporate Co-Trustee to serve
with them.
§ 7.3 Co-Trustees shall act by majority vote.
§ 7.4 Any Trustee serving hereunder may resign at any time, for any reason
whatsoever, without court approval. If as a result of the resignation of a corporate Trustee
there is a complete vacancy in the office of corporate Trustee, the then serving individual
Trustee(s) shall have the right to appoint a corporate Trustee.
§ 7.5 If at any time hereunder there is no individual Trustee then serving, the corporate
Trustee shall serve as sole Trustee.
§ 7.6 lf at any time hereunder there is a complete vacancy in the office of Trustee,
then the then income beneficiaries of all trusts hereunder (or their natural or Iegal guardians) by
majority vote shall immediately appoint a corporate Trustee to succeed to that position.
§ 7.7 The individual Trustee(s) may by unanimous vote remove any then serving
corporate Trustee. If at any time hereunder there is no individual Trustee(s) then serving, the
then income beneficiaries of all trusts hereunder (or their natural or legal guatdians) by
unanimous vote shall have the right to remove any corporate Trustee for any reason
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�
whatsoever; provided that the then income beneficiaries of all trusts hereunder (or their natural
or legal guardians) shall by majority vote immediately appoint a substitute corporate Trustee to
succeed to that position.
§ 7.8 Any corporate Trustee(s) shall not be related or subordinate to the parties
appointing it within the meaning of§ 672 of the Internal Revenue Code.
§ 7.9 Any corporate Trustee shall be a financial institution with fiduciary powers.
§ 7.10 All references herein to the "Trustee" shall mean the originally appointed
Trustees or the successor Trustee(s), as the case may be.
§ 7.11 I appoint the then serving Trustee as Guardian of the estates of any minor
beneficiaries under this Will, including the proceeds of any life insurance on my life payable to
such minors and any other property, rights or claims with respect to which I am entitled to
appoint a guardian and have not otherwise specifically done so. The Guardian shall have full
authority to use such assets, both principal and income, in any manner the Guardian shall
deem advisable for the best interests of the minor, including college and graduate education,
and professional, vocational or technical training, without securing a court order.
ARTICLE EIGHT
POWERS OF FIDUCIARIES
§ 8.1 No fiduciary under this Will shall be required to give bond or other security for the
faithful performance of the fiduciary's duties.
§ 8.2 Any such fiduciary shail have, without restriction or qualification, all powers given
by law, including without limitation those under the Pennsylvania Probate, Estates and
Fiduciaries Code, and in addition the foilowing powers:
§ 8.2.1 To invest in, accept and retain any real or personal property,
including stock of a corporate fiduciary or its holding company, without restriction
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to legal investments; provided, however, if any property that forms a part of the
principal of the trust established by Article Three of this Will is unproductive, My
Husband may at any time and from time to time by a written notice require the
Trustee of said trust either to make any or all of such property productive or to
convert such property within a reasonable time after the Trustee receives such
notice.
§ 8.2.2 To sell, exchange, partition or lease for any period o�f time any
real or personal property and to give options therefor for cash or credit, with or
without security.
§ 8.2.3 To borrow money from any person, including any fiduciary
acting hereunder, and to mortgage or pledge any real or personal property.
§ 8.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or in book
entry form or unregistered or in such other form as will pass by delivery.
§ 8.2.5 To engage in litigation and compromise, arbitrate or abandon
claims.
§ 8.2.6 To determine the apportionment of receipts and expenses,
including extraordinary cash dividends, stock dividends, capital-gain dividends of
regulated investment companies and proceeds and expenses of the sale of
unproductive real estate, between income and principal, such apportionment to
be made so as to balance fairly the interests of any income beneficiary and the
remaindermen.
§ 8.2.7 To make distributions in cash, or in kind at current values, or
partly in each, allocating specific assets to particular distributees on a non-pro
rata basis, and for such purposes to make reasonable determinations of current
values.
§ 8.2.8 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of
income or principal of any person affected thereby.
§ 8.2.9 To join with My Husband or his personal representative in the
filing of a joint income tax return for any period for which such a return may be
permitted, without requiring him or his estate to indemnify my estate against
liability for the tax attributable to his income, and to consent, for federat gift tax
purposes, to having gifts made by My Husband during my lifetime treated as
having been made half by me.
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§ 8.2.10 To disclaim any interest I may have in any estate if the
Executor deems such disclaimer to be in the best interests of my estate and the
beneficiaries thereof.
§ 8.2.11 Foilowing the death of My Husband, to terminate any trust
created herein, the principal of which is or becomes too small in the Trustee's
discretion to make the establishment or continuance of the trust advisable, and
to make immediate distribution of the then remaining trust property to the
beneficiary then entitled to the income of the trust property or, if there is more
than one beneficiary, to the beneficiaries then entitled to the income of the trust
property in proportion to their respective interests therein or, if such interests are
not defined, in equal shares to such beneficiaries; provided, however, no Trustee
shall participate in any decision to terminate such trust if by reason of such
termination such trustee could receive a distribution of trust property from such
trust as aforesaid. The receipts and releases of the distributee(s) will terminate
absolutely the right of all persons who might otherwise have a future interest in
the trust, whether vested or contingent, without notice to them and without the
necessity of filing an account in any court.
§ 8.2.12 To merge, after the death of My Husband any trust created
hereunder with any other trust or trusts created by me or My Husband under will
or deed, if the terms of any such trust are then substantially similar and held for
the primary benefit of the same person or persons, and if such merger shall not
cause any adverse income, estate or generation skipping transfer tax
consequence.
§ 8.2.13 To allocate, in the Executor's sole and absolute discretion, any
portion of my exemption under Section 2631(a) of the Internal Revenue Code
("My GST Exemption"), to any property as to which I am the transferor, including
any property transferred by me during my lifetime as to which I did not make an
allocation prior to my death. Similariy, My Husband's executor may allocate a
portion or all of My Husband's exemption ("My Husband's GST Exemption") from
generation skipping transfer tax to property held hereunder of which My Husband
is deemed transferor. Any such election or allocation shall be binding upon the
Trustee and any beneficiary of any trust created hereunder. The Trustee is
directed to divide any trust created under this Will into two (2) or more separate
trusts, if necessary, to segregate the portion or portions of the trust or trusts
created hereunder over which My GST Exemption or My Husband's GST
Exemption has been allocated (the "GST Exempt Trusts") from the portion or
portions of the trust or trusts created hereunder over which neither My GST
Exemption nor My Husband's GST Exemption has been allocated (the "Non-GST
Exempt Trusts"); provided, however, that any such separated trusts shall be
held, administered and disposed of in accordance with the terms hereunder as
identical trusts in ali other respects, except as provided in § 6.1.7 above.
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§ 8.2.14 To file the appropriate election in accordance with
Section 2056(b)(7)(B)(v) of the Internal Revenue Code to designate whatever
portion of the trust established in Article Three of this Will that the Executor, in
the Executor's sole discretion, determines should qualify for the marital
deduction. In making this determination, the Executor is directed to consider the
present and projected financial requirements of My Husband, the expected
period of survivorship of My Husband and the assets that have passed to My
Husband other than under the provisions of this Will. If the Executor does not
make an election pursuant to Internal Revenue Code Section 2056(b)(7)(B)(v)
with respect to all of the assets held in trust under Article Three hereof, the
respective trust estates thereunder may be divided into separate trusts pursuant
to the terms of the election and such division shall be based upon the fair market
value of the assets comprising the respective trusts at the time of the division.
ARTICLE NINE
PROVISION FOR TAXES
§ 9.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with
respect to any property subject to any such tax (solely for the purposes of this Article, "Death
Taxes"), and any penalties thereon, shall be paid by the Executor as follows: (a) if My Husband
survives me, ali such Death Taxes and penalties shall be paid out of the principal of the
property, if any, disclaimed by My Husband and, if none or to the extent such disclaimed
property is insufficient, from the principal of that portion of my estate disposed of by Article Four
of this Will; and (b) if My Husband does not survive me, all such Death Taxes and penalties
shall be paid from the principal of that portion of my estate disposed of by Article Five of this
Will. All interest with respect to any such Death Taxes and penalties shall be paid by the
Executor out of the income or principa� or partly out of the income and partly out of the principal
of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not
make apportionment among or seek reimbursement from the beneficiaries, recipients or owners
of such property for any such Death Taxes, penalties or interest. Notwithstanding any provision
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of this Article Nine to the contrary, the Executor shall not pay any such Death Taxes, penalties
or interest attributable to any property included in my estate solely because of a power of
appointment thereover that I possess but have not exercised or any qualified terminable interest
property.
ARTICLE TEN
PROVISION FOR DEBTS AND EXPENSES
§ 10.1 I direct that any of my legally enforceable debts, any expenses of my last
iliness, funeral and burial, and any of the administrative expenses of my estate (solely for the
purpose of this Article, "Debts and Expenses"), shall be paid as follows: (a) if My Husband
survives me, all such Debts and Expenses shall be paid out of the principal of the property, if
any, disclaimed by My Husband and, if none or to the extent such disclaimed property is
insufficient, from the principal of that portion of my estate disposed of by Article Four of this
Will; and (b) if My Husband does not survive me, all such Debts and Expenses shall be paid
from the principal of that portion of my estate disposed of by Article Five of this Will.
ARTICLE ELEVEN
BUSINESS INTERESTS
§ 11.1 In the event any business interest should be an asset of my estate, whether
the same involves a proprietary interest, a partnership interest, a membership interest or stock
in a closely held corporation, whether wholly owned, controlled by me or owned in substantial
part by me, I authorize the Executor and Trustee, as the case may be (hereinafter referred to as
the fiduciaries), subject to the terms of any agreement I may have made for the sale of my
interests, to continue said business until such time as the fiduciaries shall deem it advisable to
sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the
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stock of any such business interest and in the absence of any such agreement entered into by
me prior to my death, I direct the fiduciaries to consider and to determine the appropriateness
of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue
Code to the business entity and a possible deferral of federal estate tax payments under
Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any
business interest that I may own at the time of my death be continued or disposed of only in an
orderly manner so as to maximize the proceeds of any disposition. If an election under the
foregoing provisions will effect such desire, the fiduciaries are encouraged to pursue such
election if the fiduciaries deem such election also to be in the best interests of my estate and
the beneficiaries thereof. The fiduciaries shall have all rights and powers in connection with
such business as I had when living, including specifically the power at any time and from time to
time to operate or to join in the operation of the same as a going concern, to form or to reform a
general or limited partnership or limited liability company, to incorporate or to reincorporate and
to liquidate or to sell the same or any part thereof as the fiduciaries deem it advisable for the
best interests of my estate and of the beneficiaries thereof without the necessity of any order of
court and without any liability for loss resulting from the operation of said business except when
such loss is the result of gross negligence or fraud on the part of the fiduciaries.
ARTICLE TWELVE
MISCELLANEOUS PROVISIONS
§ 12.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal
Revenue Code of 1986, as amended from time to time, or the corresponding provision of
subsequent law.
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§ 12.2 If My Husband and I die under such circumstances that it is impossible to
determine which of us survived, it shall be conclusively presumed and this Will shall be
construed as if My Husband had survived me. If any person other than My Husband and I die
under such circumstances that it is impossible to determine which of us survived, it shall be
conclusively presumed and this Will shall be construed as if such person had predeceased me.
§ 12.3 Whenever a discretionary distribution of net income or principal is permitted
pursuant to any trust created by this Will, if such distribution may be made in whole or in part to
a person other than My Husband who is then a Trustee of such trust, such person may not
participate in any way i� the decision whether to make such distribution. No Trustee who is
under a legal obligation to support a beneficiary of a trust created hereunder shall participate in
the exercise of any discretion granted to the Trustee of that trust to distribute net income or
principal in discharge of that legal obligation. Furthermore, no Trustee shall enter into any
reciprocai arrangement with any other trustee for the purpose of indirectly exercising a power
prohibited hereunder.
§ 12.4 Whenever a fiduciary is directed to distribute property to or for the benefit of
any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or
otherwise suffers from an illness or mental or physical disability that would make distribution
directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion
exercised in good faith), the fiduciary may distribute such property to the person who has
custody of such beneficiary, may apply such property for the benefit of such beneficiary, may
distribute such property to a custodian for such beneficiary, whether then serving or selected
and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers
to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches twenty-
five (25) years of age, may distribute such property to the guardian of such beneficiary's estate,
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may distribute such property directly to such beneficiary's estate, or may distribute such
property directly to such beneficiary (except if any of the conditions hereinbefore described in
(b) apply), without liability on the part of the fiduciary to see to the application of such property.
This provision shali not in any way operate to suspend such beneficiary's absolute ownership of
such property or to prevent the absolute vesting thereof in such beneficiary.
§ 12.5 Except as otherwise may be provided in this Will, during the continuance of
any of the trusts created under the provisions of this Will, and thereafter until the property is
distributed to and received by any beneficiary hereunder, the principal sums thus held in trust
for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any
contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made,
contracted, incurred or committed, but shall be absolutely free from the same, and such
beneficiary shail have no power to sell, assign or encumber all or any part of the principal sums
or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the
income.
§ 12.6 An individual fiduciary shall receive compensation in accordance with the law
of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. A
corporate fiduciary shall be compensated by in accordance with its fee schedule as in effect at
the time the services are performed, but not in excess of such compensation as would be
approved by a court of competent jurisdiction. I authorize a corporate fiduciary to charge
additional fees for services it provides to my estate or a trust hereunder that are not comprised
within its duties as fiduciary, for example, a fee charged by a mutual fund it administers in which
my estate or a trust hereunder invests, or a fee for providing an appraisal, or a fee for providing
corporate finance or investment banking services. I also recognize that a corporate fiduciary
may charge separately for some services comprised within its duties as such fiduciary, for
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example a separate fee for investing cash balances or preparing tax returns. Such separate
charges shall not be treated as improper or excessive merely because they are added on to a
basic fee in calculating total compensation for service as fiduciary. Compensation received by
the individual Trustee(s) shall not diminish the compensation of a corporate Trustee.
§ 12.7 No rule of law against seif-dealing, divided loyalty, or conflict of interest shall
be applied to render any transaction effected by the Trustee void, voidable, or otherwise subject
to attack solely for violation of such rule, nor shall the Trustee incur any iiability, nor shall any
Trustee commissions for acting hereunder be reduced, solely for violation of such rule. Any
transaction that involves self-dealing, divided loyalty, or conflict of interest by the Trustee shall
be judged by the rules of law that would apply to the same transaction at arm's length between
strangers free of any element of self-dealing, divided loyalty, or conflict of interest. By way of
illustration, and not of limitation, the Trustee is authorized, without giving any notice required by
statute, to:
§ 12.7.1 Employ and compensate any Trustee or any affiliate as
broker, agent, or professional advisor for any purpose.
§ 12.7.2 Borrow from any commercial department of any corporate
Trustee or any affiliate at current interest rates.
§ 12.7.3 Buy, retain, and sell any debt or equity security issued or
underwritten by any corporate Trustee or any affiliate and any debt security
secured, supported, and/or otherwise enhanced by a letter of credit issued by
any corporate Trustee or any affiliate.
§ 12.7.4 Buy, retain, and sell any security of any investment company
or trust registered under the Investment Company Act of 1940 to which any
corporate Trustee or any affiliate renders services for compensation.
§ 12.7.5 Buy property from or sell property to any beneficiary or
Trustee acting hereunder or otherwise on arm's length terms.
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An "affiliate" means any entity that owns, directly or indirectly, an interest in any corporate
trustee, any entity in which any corporate Trustee owns an interest, directly or indirectly, and
any entity in common control with any corporate Trustee.
§ 12.8 Notwithstanding any other provision of this Will, upon the expiration of
twenty-one (21) years after the death of the last survivor of My Husband and my issue living at
my death, the trusts created by this Will shall forthwith terminate and the trust property shall be
distributed to the beneficiary then entitled to the income of the trust property or, if there is more
than one beneficiary, to the beneficiaries then entitled to the income of the trust property in
proportion to their respective interests therein or, if such interests are not defined, in equal
shares to such beneficiaries.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of
December, 2007.
�J� � ���a� (SEAL)
J0°AN L. HASTINGS
Signed, sealed, published and declared by the above named JOAN L. HASTINGS, as
and for her Last Will, in the presence of us and each of us, who, at her request and in her
presence and in the presence of each other, have hereunto subscribed our names as witnesses
thereto the day and year last above written.
Residing at ��i���/ � ��
�
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�Csy e. ����Y�e.� Residing at ��Cvv�;�;��'�cv ,. � �la
(
{n�szzss:} - 17 -
COMMONWEALTH OF PENNSYLVANIA :
. ss.
COUNTY OF DAUPHIN .
We, JOAN L. HASTINGS, the testatrix, ��� Z�S�{'�` P /�'l�1(�v{� and
/�'t a+t.:� C�,S ..wr , the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the testatrix signed and executed the instrument as her Last Will; that the /testatrix signed
willingly and executed it as her free and voluntary act for the purposes therein expressed; that
each subscribing witness in the hearing and sight of the testatrix signed the Will as a witness
and that to the best of his or her knowledge the testatrix was at that time eighteen (18) years of
age or older, of sound mind and under no constraint or undue influence.
� � �2i2� �
J AN L. HASTINGS ' ess
��c,t��� �����r�w,;��
W itness
Subscribed, sworn to and acknowledged before me by JOAN L. HASTINGS, the
testatrix, and subscribed and swom to before me by �li L-A�� P. !�vdlcAq� and
�0�"" Ch^ f^'�K , the witnesses, this 14th day of December, 2007.
��....� �{ . lfr�-
Notary Public
(SEAL)
COMMONWg,qCtt� t,t YA_,:vN3YLVANIA
Notan&c Seaf
Marianne H.qcn,NotarY Pubhc
��N of Harrisburg,Dauphin County
MY Commission Expires June 10,2010
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