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Home My WebLink About07-01-13 Oath of Personat Representative orr��ei usc o�iY COMMONWEACTAOFPBNNSYLVANIA } } SS: couNrYOF CuM3EKLqNp } �Pet'rtione s)Printed Neme Potitioner(s)Pcinted Address Art'MtW . 8& ss caa.�tac.� �, ,�.►�y�a P�a �o�s The Petitioner(s)above-named swear(s)or affirm(s)the statements in the forogoing Petition are We and correct to the best of the knowledge and belief of Petirioner{s}and ihat,as Persanat Representative(s)of the Decedent, c Petitione s w�� we}l and tmly administer the estata acco �g ro law. Sworn to or affirmed and subscribed befpre j�j�.�it�� /�"�"" Date. 7� l ?L/.'j me � J ay of L` , Zo�3 Da[e B� ; _ Date For the kegister Uate BONDRequired: YES 9 TatheRegisterofWi!!s: FEES: Please enter my appoarance by my signature beluw: , Letters.. . . . . .. .... . .... ..... $ Attarnay Signaiure: ( )Short Cettifiaate(s). ... . . '�; _. � ( }Ranunciation(s).. . . . . . . . C �., �+ � ( }Codicit(s). . . . . . . . . . . . . � � c. � a ( )Affidavit(s}.. . . ... .. ... � -a � — cn � Bond.. . .. ... .. .. . ._ . . . ._ . . Priated Name: � x � --; cs �" �'—T�, l i7 Commissian. . . .. . . . .. . ... . . . . Supreme Court � Z � Ha �.. �,, O[her . . . . . . . . ID Number. a U? � ,-., � . .. . . . O � � '27 -iw 'R . .. ... .. Fitm Name: e� O --r� � .,• '`'t ... ..... Address: � — ~ � . . . . . . CS'1 �1 ' . ... .. Phone: Automation Fee. .. . ... . . ..... . Fax: JCS Fee. . ... . ... ... ........ . Email: "POTAL. . . . . . . . . . . . . . . . . . .. . $ DECREE OF THE REGISTER Estste�,: F`ile No: atkla: - AND NOW, , , in consideration of the faregoing PetiHon, saiisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted ta in the abova estake and(if applicabie}that the instrument(s)datad described in the Petition be admitted to probate and filed of record as the last Will(and Codicil{s))of Decedent. Register of Wills Farm aw.nz r�.�nrrrizntt Page 2 af 2 �� PETITION FOR GRANT OF LETTERS REGISTER OF WILLS(7F CuMBE'�N D COUNTY,PENNSYLVANIA Petitioner(s) named below, who islaze 18 yeazs of age or older, apply(ies) for Letters as specified belaw, and in suppon thereaf aver(s) the Following and respectfully requesk{s)the grant of Lettars in the appropriate form: Decedent's Informatian 1Vame: .7ANE W. �G(� �i1eNo: a/k/a:_ ,7. W!IfTNE y $�GK (Assigned hy Register} a!k/a: a/kJa: Sacial Security No: Date of Death: G 16 2A�9 Age at death: g`I Decedent was domiciled at death in CUMOCRt�1„�p Couaty, Pra t5r�re)with his/her last principalresidencest 'S05 OH�o V� (atr}eyuf 1�Y3 GEY+oaj�tlF ,�vMBE�ttJ�� Street addreu,Poet Oftice and Zip Code City,Towo�hlg or Borcugd Cnnnty Decedentdiedat �f4Ly 5P1K�T MOSP�T,AL GAl+ti� F�IGL t�dtt ��''��u� p� Streef addre8a,Ppat QRice end Zip Cade Ciry,Townahlp or Borough Coualy State Estimate of value of decedenPs property at death: If damicUed in Pertnaytvania............................ All persnnal property $ �.�.Sd�000 !f not domieited in Pennsytaanta. ....................... Personai property in Pennsytvania S ^ Ijnot doneic{led in PennsylvanJa. ....................... Personal pmperry in Couaty $ Value of real estate In PennsYlvania......................................................... S TOTAL ESTIMATED VALUE. .,. S !.2fd. �� . BeatestateinPennsytvaniasimaudat: SOS ON�• AVE C�M�rfNE /�py3 �F/y�yNfr CYJ'�Bd°�N� (Auack additionat sheets,if necexsary.} StttK addreas,Poat O[t9ce snd Z(p Cade City,Townehip ar BorongA County ❑ A. Petitian for Probate and Grant of Letters Testameatarv Petitioner(s)aver(s)hdshdthey is/are the Exewtor(s)named in the last W ill of the Dacedent,dated Ma� I�� ZG' �� and Caiicil(s} thereto dated � State relevaot�lrcumstancea(e.g.rettnncicetiom,deaM of aautor,Nr.) Exceptasfotlows:afterthe�ecutionoftheinstrument(s}offercdforprobateDecedentdidnotmarry,wasnotdivorcod,wasnotapartytoapending divorce proceeding w6erein the grounds for divorce had been estabtished as defined in 23 Fa.C.S.§3323(g),and did not have a child botn or adopted;and Decedcnt was neither the victim of a killing nor ever adjudioated an incapacitated perwa 'c� .� rn �NO EXCEPTIONS ❑EXCEPTIQNS c � � � � A c�—.:.-�r� p7 -�p :n %O Q B. Petition for Grant of Letters of Administration (tfappticab�e) :-; � e.t.u.,d.b.n.,d.b.n.c.t,a.,pendeyR� Z�antea�6sentiq:,�ju�wl+teminoritute If Administration,c.r.a or db.n.c.ta.,enter date of Will in Section A above a�tspm�lete,L'LS,t of�e . Excapt as follows: Decedent was not a perty to a pending divorce proceeding wherein tda grounds�Cor�ofe�ha�n estabf�d es definsd in 23 Ps.C.S.§3323(g)and was neither the victim of a kitling nor ever adjudicated an incapacitate�r e�. F-� ,.. rn ❑NO EXCEPTSONS �J EXCEPTIONS '�_,.�` ��n �� Petitioner(s),after a proper seemh has/have asaertained that Decedent left no Will and was survived by tBtfollnwing spoG�c�(if any)and heirs{atmch odditionut sheets.if necersary}: Name Relatioaskf Address finxmR[YAZ ree1�1lb70t! pff�8 � 4f2 � "'Y _ Hln5xn5RCVrurrn. _ . . . _ ._ . _._ . .. .. _ __ . ._ . ..��;�;, RECO��:.� or-r-�c� oF R�cislt�; or ,�:�i��s LAST WILL AND TESTAMENT oF ?�13 JUL 1 P�1 12 55 JANE W. BECK CLERK Or ORPNANS' COURT CUMBERLAND CO., PA I, JANE W. BECK, of Lemoyne, Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE BEQUESTS § 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, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is received or located by my Executor within si�y (60) days after being appointed as such, after a reasonable search for such memorandum, my Executor shall be held harmless for distributing such assets as hereafter provided. I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so received or located, to Kenneth R. Beck, Jr., Phillip W. Beck and Rodger W. Beck, (together, "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. 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. 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. § 1.2 I give and bequeath the sum of Ten Thousand Dollars ($10,000) to my friend, Nancy S. Peters, if she survives me. § 1.3 I devise my residence at 505 Ohio Avenue, Lemoyne, Pennsylvania 17043, to Matthew W. Beck, if he survives me, and if he does not survive me, I devise said residence to Amy Louise Beck and Kenneth Richard Beck, Iil, or the survivor of them. ARTICLE TWO RESIDUE § 2.1 I devise and bequeath all the rest, residue and remainder of my estate to my issue then living at my death, per stirpes, as follows: § 2.1.1 Twenty-Five Percent (25%) of the residue of my estate shall be given to my son, Kenneth R. Beck, Jr. § 2.1.2 Twenty-Five Percent (25%) of the residue of my estate shall be given to my son, Phillip W. Beck. § 2.1.3 Twenty-Five Percent (25%) of the residue of my estate shall be given to my son, Rodger W. Beck. § 2.1.4 The remainder shall be distributed in equal shares to Amy Louise Beck, Matthew W. Beck and Kenneth Richard Beck, III, per stirpes. ARTICLE THREE APPOINTMENT OF FIDUCIARIES § 3.1 I appoint Matthew W. Beck as Executor of this Will. If he is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint Rodger W. Beck, as successor Executor. If Rodger W. Beck is unable or unwilling to act or continue to act, for any reason -2- whatsoever, I appoint Phillip W. Beck, as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. § 3.2 I appoint the then serving Executor 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 preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FOUR POWERS OF FIDUCIARIES § 4.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 4.2 Any such fiduciary shall have, without restriction or qualification, all powers given by law, including without limitation those under the Pennsylvania Probate, Estates and Fiduciaries Code, in addition to the following powers: §4.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments. § 4.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security. § 4.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. -3- § 4.2.4 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. §4.2.5 To engage in litigation and compromise, arbitrate or abandon claims. §4.2.6 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. § 4.2.7 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. § 4.2.8 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. § 4.2.9 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. § 4.2.10 To merge any trust created hereunder with any other trust or trusts created by me 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. §4.2.11 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. The receipts and releases of the distributees will terminate absolutely the right of all persons who might othervvise have a future interest in the trust, whether -4- vested or contingent, without notice to them and without the necessity of filing an account in any court. § 4.2.12 To make any election available under the tax laws, including the power to make an election to qualify any trust created hereunder as a Qualified Subchapter S Trust ("QSST") or an Electing Small Business Trust ("ESBT"). §4.2.13 With respect to any trust hereunder that holds shares of stock in any S corporation, as defined by § 1361 of the Internal Revenue Code ("S Corporation stock"), to segregate such S Corporation stock from the other assets of any such S Corporation trust, to hold such stock in a separate trust under similar terms and conditions, and to take such actions and make such elections as may be reasonable necessary to qualify any such separate trust as a permitted S Corporation shareholder under§ 1361(c)(2) of the Internal Revenue Code. ARTICLE FIVE PROVISION FOR TAXES § 5.1 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, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal 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 taxes, penalties or interest. Notwithstanding any provision of this Article Five to the contrary, the Executor shall not pay any such 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. -5- ARTICLE SIX PROVISION FOR DEBTS AND EXPENSES § 6.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. ARTICLE SEVEN BUSINESS INTERESTS § 7.1 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 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 -6- 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 EIGHT MISCELLANEOUS PROVISIONS § 8.1 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. § 8.2 If any person 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. § 8.3 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 who is then a trustee of such trust, such person may not participate in any way in 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 trustees of that trust to distribute net income or principal in discharge of -7- that legal obligation. Furthermore, no trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. § 8.4 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, 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 shall 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. § 8.5 Except as othervvise 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 ben�ciary 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 shall have no power to sell, assign or encumber all or any part of the principal sums -8- or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. § 8.6 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 agreement with the individual fiduciary, or, in the absence of such agreement, in accordance with its fee schedule as in effect at the time of payment. 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 a 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 a fiduciary, for 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 a fiduciary. § 8.7 Notwithstanding any other provision of this Will, but only to the extent that any trust hereunder is subject to the Rule Against Perpetuities under applicable law, upon the expiration of twenty-one (21) years after the death of the last survivor of my issue living at my death, the trusts created hereunder shall forthwith terminate and the trust propeRy 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. -9- IN WITNESS WHEREOF, I have hereunto set my hand and seal this l`�'day of �. k}'is�� .�1� /�� (SEAL) J E W. BECK Signed, sealed, published and declared by the above-named JANE W. BECK, 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 C��1P R��\ �7'-1' \�\ \��o, �1"ll�e.�. Residing at �c�� u,�� b -10- _ _ _ COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF DAUPHIN : We, JANE W. BECK, the testatrix,��,M��S��1° . and I � C(/l�C,( Q. (: YYIa-�. , 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. � ��1 J E W. BECK Witness �QI�[AA. ��/VYid/� Witness Subscribed, sworn to and acknowledged before me by JANE W. BECK, the testatrix, and subscribed and sworn to before me by �XANIC� � �Q�d�l�- and /� � � M aoi3 M Q/lU a. l�Vl.l S YYIQ,(� , the witnesses, this I �day of S a� r, P942. 0 � vMa�► �� Notary Public �M.�.►bpry rueYc op'a"'"�ro'°i�is�,mMU (SEAL) �M�^""ssN" _��_