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HomeMy WebLinkAbout09-05-13 McNEES WALLACE&NURICK LLC By: David M. Watts,Jr., Esquire Attorney I.D.#42232 100 Pine Street c'� �; ��•� C�:� ,__ P.O. Box 1166 � � `"�� '�� r-�1 Harrisburg, PA 17108-1166 "��' : ' �� ��+/� �d„�,r r f p y,�d i i 1 "^�:.._ �""�.Y (717)237-5344 � �, r�- . ,;;;� � h f..,..y t.1"l �:;� (717)260-1754 (fax) ��. � ,, . dwatts cr,mwn.com � � ��°�� �' `, �� � , �....,, -t°1 ��� Attorney for Petitioner � � , �:; �4 �,� c..:.: ` �.`� �_,�_„ �.,... �.,,:� In Re: : IN THE COURT OF.�(�AYIMON PLEA.�,'��,� : CUMBERLAND CO�NTY, PE�ISYL�`1�NIA ESTATE OF JESSIE LEE TABOR, : DECEASED : ORPHANS' COURT DIVISION : • N0. 21-13- 7�� ' . i PETITION UNDER SECTION 3102 OF THE ; PROBATE,ESTATES AND FIDUCIARIES CODE � i FOR SETTLEMENT OF SMALL ESTATE E � � TO THE HONORABLE JUDGES OF SAID COURT: ' i Benjamin L. Tabor,Jr. (the "Petitioner"), by and through his attorneys, David M. Watts,Jr. ; and McNees Wallace&Nurick LLC, respectfully represent that: ; 1. This Court has jurisdiction over this matter pursuant to Section 711 of the Probate, ; � Estates and Fiduciaries Code of the Cammonwealth of Pennsylvania, 20 Pa. C.S.A. §711. 2. This Petition is authorized by Section 3102 of the Probate, Estates and Fiduciaries Code of the Commonwealth of Pennsylvania, 20 Pa. C.S.A. §3102. 3. The Petitioner, Benjamin L. Tabor, Jr., is a competent adult residing at 1602 Kathryn Street,New Cumberland, Cumberland County, Pennsylvania. 4. Jessie Lee Tabor(the "Decedent") died on August 27, 2013, at the age of 63 years, at 1602 Kathryn Street,New Cumberland, Cumberland County, Pennsylvania. The Decedent was domiciled at 1602 Kathryn Street,New Cumberland, Cumberland County, Pennsylvania. A certified death certificate is attached hereto as Ea�hibit "A." 5. The Decedent was survived by her Husband,Benjamin L. Tabor, Jr.. � LAST WILL AND TESTAMENT OF JESSIE L. TABOR I, JESSIE L. TABOR, of New Cumberland, Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. 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, 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 sixty(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. l 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 rny Husband, Benjamin L. Tabor, Jr. ("My Husband"), if My Husband survives me. If My Husband does not survive me, 1 bequeath all such property to Benjamin L. Tabor, III, and James V. McGough, Jr., to be divided among them in as nearly equaf shares as they agree. In the event of irreconcilable disagreement between Benjamin and James, they shall take alternate turns selecting individual items with the oldest Child making the first selection. Any items not so selected shal! be sold and the proceeds shal! 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. ARTICLE TWO RESIDUE § 2.1 If My Husband survives me, I give and bequeath all of my assets to My Husband outright, with the understanding that he will divide whatever is left at his death one-third to Benjamin L. Tabor, III, per stirpes, and two-thirds to James V. McGough, Jr., per stirpes. § 2.2 If I survive My Husband, I give and bequeath all of my assets one-third to Benjamin L. Tabor, III, per stripes, and two-thirds to James V. McGough, Jr., per stirpes, subject to the terms of Article Three below. ARTICLE THREE TRUST FUR BENEFICIARY UNDER THIRTY YEARS OF AGE § 3.1 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 thirty (30)years of age, 1 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 Articie Four: § 3.1.1 While each such beneficiary is under twenty-one (21)years of age, the Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall apply to or for the benefit of such beneficiary - 2 - 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 preparatory, 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 principai of the trust property. § 3.1.2 After such beneficiary attains finrenty-one (21}years of age, the Trustee shall continue to hold, manage, inves#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. § 3.1.3 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 preparatory, college 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 asse#s. § 3.1.4 At any time after such beneficiary attains thirty (30}years of age, such beneficiary may withdraw any or all of the principal of his or her trust. § 3.1.5 If such beneficiary dies before the complete termination of his or her trust, the Trustee sha11 d+stribute 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 #his 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, or, if none, pursuant to the provisions of Article Five hereof, and in all circumstances subject to being held in continued trust in accordance with the provisions of this Article Five. - 3 - ARTICLE FOUR C�NTINGENT DISTRIBUTION § 4.1 If at any time for distribution hereunder neither My Husband nor any of my issue is then living, the assets subject to such distribution shall be distributed pursuant to the laws of intestacy in the Commonwealth of Pennsylvania. ARTIC�E FIVE APPOINTMENT OF FIDUCIARIES § 5.1 I appoint Benjamin L. Tabor, Jr., as Executor of this Will. If he is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint James V. McGough, Jr., as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. § 5.2 I appoint Benjamin L. Tabor, III, and James V. McGough, Jr., as Co-Trustees of any trust created by this Will. If either one of them is unable or unwilling to act or continue to act, for any reason whatsoever, the vacancy shall not be filled and the other then serving Co- Trustee shall act or continue to act as sole Trustee. § 5.3 Any Trustee servi�g hereunder may resign at any time, for any reason whatsoever, without court approval. If at any time there is a compfete vacancy in the office of Trustee, then the then income beneficiaries of al!trusts hereunder(or their natural or legal guardians) by majority vote shall immediately appoint a substitute individual and/or corporate Trustee(s), as the case may be, to succeed to that position, § 5.4 The individual(s) serving as Trustee shall have the right to appoint a corporate Co-Trustee. § 5.5 If at any time hereunder there is no individual serving as trustee of any trust created hereunder, the corporate Trustee shall serve as sole Trustee. - 4- § 5.6 The individual{s) serving as Trustee from time to time may by unani�nous vote remove any then serving corporate Trustee; provided that such individual Trustee(s) shall immediately appoint a substitute corporate Trustee to that position. If at any time hereunder there is no individual serving as Trustee of any trust created hereunder, the then income beneficiaries of all trusts hereunder(or their natural or legal guardians) by unanimous vote shall have the right to remove any corporate Trustee for any reason 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. § 5.7 Any corporate Trustee(s) shall not be related or subordinate to the parties appointing it within the meaning of§672(c)of the Internal Revenue Code. § 5.8 Any corporate Trustee shall be a financial institution with fiduciary powers. § 5.9 All references herein to the "Trustee" shall mean the originally appointed Trustee or the successor Trustee(s), as the case may be. § 5.10 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 cfaims 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 profess+onal, vocational or technical training, without securing a court order. - 5 - ARTICLE SEVEN POWERS OF FIDUCIARIES § 6.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 6.2 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, and in addition the following powers: §6.2.1 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; provided, however, if any property#hat 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. §6.2.2 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. §6.2.3 To borrow money from any person, including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. § 6.2.4 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. § 6.2.5 To engage in litigation and compromise, arbitrate or abandon claims. § 6.2.6 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 saie 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. § 6.2.7 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 -6 - rata basis, and for such purposes to make reasonable det�rminations of current vaiues. §6.2.$ Ta make elections, decisions, concessions and settlements in connection with a!I income, estate, +nheritance, gift or other tax returns and the payment o€such taxes, without obligation ta adjust the dzstributive share of income or principal of any person affected thereby. §6.2,9 To join with My Husband or IVIy Husband's persc�nal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring My Husband or My Husband's estate to indemnify my estate against liability for#he tax attributable to her income, and to consent, for federai gift tax purposes, to having gifts made by My Husband durin� my lifetime treated as havir�g been made half by me. §�.2.10 To disclaim any interest f may have in any estate if the - Executor deems such disclaimer to be in the best interests of my estate and the bene�ciaries thereaf. § 6.2.11 Following the death of My Husband, to terminate any trust created herein, the principal of which is or becomes toa smali in the Trustee's discretion to make the establishment or cgntinuance af the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trus# property ar, if there is mare than one beneficiary, ta the benef'rciaries then entitled to the income of the tru�t property in proportion to their respective interests therein or, if such interests are not defined, in equal shares tc� such beneficiaries; prov�ded, hawever, no Trustee shall participate in any decision tt�terminate such trus# if by reason 4f such termination sucF�trustee could receive a distribution of trust property from such trust as aforesaid. The receipts and releases c�f#he distributee{s}wiil terminate absolutely the right of all persons who might otherwase have a future inter�st in the trust, whether vested or cvntingent, without notice to them and withou#the necessity caf filing an account in any court. §G.2.12 Tc� merge, after the death of My hfiusband any#rus#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 benef�t of the same persan ar persor�s, and �f such merger shal[ not cause any adverse income, estate or generation skipping transfer tax cansequence. §G.2.13 Tc�file the appropriate election in accardance with Section 2Q56{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 - 7 - the Executar's sole discretion, determtnes should qualify for the mar�tal 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 Nusband other than under the provisions of this Will. If the Executor does not make an election pursuar�t to Intemal Revenue Cade Section 205�{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 sepa�ate trusts pursuant to the terms of the election and such division shall be based upon the fa�r market value of the assets comprising the respective trusts at the time of the division. §6.2.14 To make any election available under the tax laws, including the power to make an electian ta qualify any trust created hereunder as a Qualified Subchapter S Trust{"QSST"}or an Elect�ng Small Business Trus# ("ESBT"). §6.2.15 With respect to any tru�t hereunder that holds shares of stock in any S corporation, as defined by§ 1361 of the Internal Revenue Code ("S Carporation stock"}, #o segregate such S Carporation stock from the ather assets of any such S Corporation trust, ta hold such stock in a separate trust under similar terms and cond'+tions, and to take such ac#ions and make such elections as rnay be reas�nable necessary to qualify any such separate trust as a permitted S �orparation shareholder under§ 1�61(c}(�� af the Internal Revenue Gode. ARTICLE ElGHT PROVISICIN F4R TAXES § 7.1 All estate taxes, inheritance taxes, transfer taxes and other taxes af a similar nature payable by reason of my death to any government or subdivisic�n thereof upon c�r with respect to any praperty subjec#to any such tax (solely for the purpases of#his Article Eight �"Death Taxes"}, and any �enalties thereon, shall be paid by the Executor as follows: {a) tf My Nusband survives me, al1 such Death Taxes and penaities shaii be paid out af the principal of the property, if any, di�claimed by My Husband and, if none or to the extent such disclaimed property is insufficient, from the principal of that partion of my estate disposed of by Article Two of this WiN; and (b� if My Husband does not sunrive me, all such C�eath Taxes and penalties - g- � sha!! be paid from the principal af that portion of my estate dispased of by Article Two af this 1Nill. Ail interest with respect to any such Death Taxes and penalties shaEl be paid by the Executor out af the income or principal ar partly out of the incame and partly out Qf the principal of such pc�rtion of my estate, in the absolute discretion of the Executar. �11y Executor shall not make apportionment among or seek reimbursement firam the beneficiaries, recipients or owners of such property far any such Death Taxes, penalties or interest. Notwithstanding any provision of this Article Eight to the contrary, the Executo�shall not pay any such Death Taxes, penalties or interest attributable to any property included in my estate solely because of a pawer of appc�irrtment thereaver that I possess but have not exercised or any�ualified terminable interest property. ARTiCLE NINE PROVISIC�N Ft�R DEBTS AND EXPENSES § 8.1 I direct that any of my legally enforceable debts, any expenses of my last illness, fune�al and burial, and any of the administrative expenses of my estate (solely for the purpase of this Article Nine t"Debts and Expenses"�, shaEl be paid as follaws. �a) if My Husband survives me, all �uch Debts and Expenses shall k�$ paid out of the principal of the property, if any, disclaimed by My Husband and, if none ar#o the e�c#ent such disclaimed prope�#y is insufficient, fram the principal of that portion of my estate disposed af by Article Twa of this Wilt; and {b) if My Husband daes not survive me, all such Debts and Expenses shall be paid fram the principal of that portion af my estate disposed of by Article Two af this Wiil. -9- ARTICLE TEN BUSINESS INTERESTS § 9.1 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, whe#her 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 bus+ness 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 616fi 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 - 10 - court and withaut any liability for lass resulting from #he operation af said busi�ess except when such loss is the result af gross negligence or fraud on the part of the fiduciaries. . ARTICLE EI.EVEN MISCEC.�ANEC)US PROVISIONS § 10.1 As used in th+s Wi11, the term "int�ernal Revenus Code" shall mean the lnternal Revenu� Code of 1986, as amended fram time to time, or the corresponding provisian of subsequent law. § 1Q.2 If My Husband and ! die under such circums#ances that it is impossible to determine trvhich of us survived, it shall be conclusively presumed and this U1lil1 shall be construed as if My Hc�sband h�d survived me. If any pe�son other than N1y Husban�and I die under such circums#ances that it is impossible to determine which af us survived, it shall be conclusiv�ly presumed and this Wi11 shall be construed as if such person had predeceased me. § 10.3 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created by this Will, if such distribution may be m2�de in whole ar in part to a persan ather#han My Husband who is then a Trustee of such trust, such person may not participate in�ny way in the decision whether to make such distr'rbution. No Trustee who is under a legal obligation tv suppart a beneficiary af a trust created hereunder shali participate 'rn the exercise of any discretion granted to the Trustee of that trust to distribute net income or principal in discharge af that legal obiigation. Furthermore, no Trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercisin� a power prohibited hereunder. § 1Q.4 Whenever a fiduciary is directed to distribute property tc�or for the benefit of any beneficiary whc� is under�a�twenty-five �25}years of age, t�r�b}a legal disability ar _ �� _ otherwise suffers from an illness or mental or physica! 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. § 10.5 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 cornmitted, 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 or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. § 10.6 An individual fiduciary shaH receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. A - 12 - ......_ I I���� corporate fiduciary shall be compensated by agreement with the individual fiduciary, or, in the absence of such agreement, in acec�rdance with its fee schedu4e as in effect at the time of payment. 1 authorize a corporate fiduciary to charge addit'svnal fees far services it provides ta my estate or a trust hereunder that are not comprised within i#s duties as fiduc'rary, for example, a fee charged by a mutuai 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 senrices, I also recognize that a corporate fiduciary may charge separately far some services cQmprised within its duties as such fiduciary, far example a separate fee for investin� cash balances or preparing tax returns. Such separate charges sha11 not be treated �s imprc�per or excessive merely because they are added on to a bas'rc fee in calculating total compensation for service as fiduciary. § 10.7 Notwi#hstanding 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 af#er the death of the last sunrivor of My Husband and my issue living at my death, the tru�ts created hereunder shall forthwith termir�ate and the trust property shall be distributed to the benefrciary then entitled to the income�f the trust property or, if there is more#han ane beneficiary, to the beneficiaries then entitied to the income of the trust property in proportion to th�ir respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. !N WITNESS WHEREOF, I have hereunta set my hand and seai this G�day of ���''j , 2t}09. � r ,.�..�c._:� �� c�G�-�� (SEAL} SIE l.. TABC�R - 13 - Signed, sealed, published and declared by the above named JESSIE L. TABOR, 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. Residin at � 9 ��- ��.' Residing at �C,(�.s,�,rl�� �'rt" � �3�� - 14- COMMONWEALTH OF PENNSYLVANIA : : ss. COU NTY OF �I�tJ Ph��� : We, JESSIE L. TABOR, the testatrix,��AU�� Mt GC.�A�-�s, �,e. and ��t AyU�IE hl� /4CR r , 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 wiilingly 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. W ITNESS: TESTATRIX: �--__.� � ;�cz�-�c��..: IE L. TABOR WITNESS: . I-�. �C.�.' Subscribed, sworn to and acknowledged before me by JESSIE L.TABOR, the testatrix, and subscribed and sworn to before me by��p �, �.V�i-r-s_1� , and �,�-�Q,��N�l�'��. �c2 i , the witnesses, this ��'�'` day of ,�/-y , 2009. Notary b ic COMMONWEALTH OF PENNSYWANIA (SEAL) , Notariai Seal Carol A.Koppenhaverr,Notary Public Ciry of Haaisburg,Dauphin CouMy My Commission Expires March 18,2012 - 15 - Free Ghecking Statement ��PN B PN C B�ink _ C ANK Primary account number:50-0469-6554 � Page 1 of 3 For the period 07/70/2013 to 08/08/2013 Number of enclosures:0 001054 � For 24-hour banking,and transaction or Y�?� JESSI E L TABOR �. interest rate information,sign on to � " ': 1602 KATHRYN ST PNC BankOniine Banking at pnc.com. NEW CUMBERLAND PA 17070-1164 a' Forcustomerservicecall1-888-PNC-BANK Monday-Frid�y: 7 AM-�10 PM ET Saturday&S�mday: 8 AM-5 PM ET Para servicio en espan"ol, 1-866-HOLA-PNC � Moving� Please contact us at 1-888-PNC-BANK � Write to:Customer Service PO Box 609 Pittsburgh PA 15230-9738 �Visit us�t pnc.com � TDD termin�l:1-800-531-1648 For hearing nnpau•ed clients only F�ee Checking Accoun� Summa�y Jessie L Tahor Accou��t number: 50-0469-6554 averdraft Protection has not been established for this account. Please contact us if you would like to set up this service. 4verdraft Coverage-Your account is currently4pted-aut. - You or your joint owner may revoke your o�t-in or opt-out choice at any time. To lea�n more about PNC Overdraft Solutions visit us online at pnc.com/overdraftsolutions. Call 1-877-588-3605,visit any branch,or Sign on to PNC Online Banking,and select the"Overdraft Solutions"link underthe Account Services section to manage both your Overdraft Coverage and Overdraft Protection settings. Balance Summary Beginning Deposits and Checks and other Ending balance other additions deductions balance c,�77.�.2 �,loc�.00 1,79s.�r c,9�s.c� Average monthly Charges balance and fees G,509.G9 .C)U Transaction Sumn�ary Checks paid/ Check Card POS Check Card/Bankcard withdrawals signed transactions P05 PIN transactions �) 9� 9 Total ATM PNC Bank Other Bank transactions ATM transactions ATM transactions O U O Activity Detail Deposits and Other Additions There was 1 Deposit or Other Addition totaling$1,100.00. Date Amount Description . 0i;�`? 1,1OU.OU Deposi�Reference No. 5`?OU0��5U ��,.k � I�I����1 I I I��I : Fr�� �heck�r�� ��ate�en� Far�e period t1T11 Q1�013 ta 1�81481��13 ; �For 24-hour information,sign on to PNC Bank Online Banking JESSIE L TABOR an pnc,com. Prirnary account number:50-0�69-6554 Accounl number:54-q469-6554-canlinued P�ge 2 of 3 Banking/Check Card VYithdrawals and Purchases t�ate Amaunt [�escrip��on There were 2 Check CardlBank card PIN PQS U7/Y5 508.13 U6riU Cl�eck�:�c�Put•cllase-Fre3rSlIl�E1•Motars {�urehases totaling$81.07. 0'7f l5 15.34 065U Cheek Card Purcliase SubwajT Ca;n�Hiil PA There were 24 ather Bankin MachineJCheck U7 f 1 r �5,UU UG50 Clieck Cai•d Pui•chase Confai-ti Ph��sical Tl�ei• � 0 7,�1 G 1�G.�35 U C a5 U C 6ec k Ca.r c�Pur-c hase Wexs Mat'ke ts#l�K S Card deductiorts totalirtg'.�1,Q4T.39. {}7f 1G 7�.aa OGSU Cl�ec�.Ca�-c�Purchase Mect2acuicsburg A.�-t Cent a7/17 �5.UU 465U Cl�eck Cai•c�Pui•cllase Confoi-ti Physical7'lxei- 0'1J2�3 `?5.UU UC.7�{}CII�C�.C:�1°t�PLII`CI13.S�Cd21�C}I"C2 P}2j�sical Tbe�- U7/2`? G5.`?U POS Purcl�►ase�VS 01630 Canip Hill PA h 07f23 53.9G U�i50 Ghecl:Cat�-d Purcl�ase CVS PiYat�zxlacy#1G30 Q03 U7j`?3 131.�4 UGSU Check Cax�d Purcl3ase Weis Mau-kets#125 5 07/2� �5.U0 OCK4 Ctieck Ca.rd Purciiase Conforti Pilysicat Tia�ei- (?7f`?5 `�3.�9 U65t}Clleck Carc�Purcl�ase Z'l�e Healthy G�ocer U7/'�ri G3.71. UG50 C:heck Carc�Purcliase CVS Pl�a��tnacy#1G30 Q03 0'l j`?5 25.Ot} C}65U Cl�eck C��-c3 Pu�-c�ase Ph Med Svcs Wo�a�e��s�i U7/?9 1�.U5 U650 Cl�eck Ca�•c�Purcl�ase Sut�wa�� Can�p Hill PA 0'7%?� 25.t)0 t�G50 Cl�eck Carc�Purchase+Con�oi-ti Physical Ther U7/M9 1,G9 UGSU Cl�eck Ca.�d P;.ucl�ase Turkey Hill#{}�3G 07/31 25.00 0650 Check Ca�-d Pu��cliase Conforti Physical Tl�er U'T j�I �8.G� {}�5(}Cl�eck Ga.rd Purclzase Si�ith CusEoz��Frac�ulg L U$/U9 �.t77 p�50 Cl�eck Cai-d Purcliase CVS Pl�artnacJ,r#16�0 QU� ' 0$/`(Jry ��.UO U650 Cl�eck Card Fui�cliase Co��E'oi-ti Ph�Tsica.l T[�er U�jO� 15.�37 PC}S Purcl�ase GVS 0163U UlG3 Can�p Hill PA U8/U5 3.��G UCa50 Gi�eck Cax-c�Purctiase Turkey Hiti#(�U91 08j05 ?12.4� �C�O+Gheck Card Purchase Weis Mak•kets#1�5 S 0$/QG 13�.7U U654 Cl�ec�.Cai•d Ptxi•cl�ase Henxatology&Oncology 08jQ8 3.3G {}G5�Ciieck C..-��rd Pu�-claase Tur�:e�=Hill#{}091 Daily Baiance Detail Date Baiance f}ate Balance Date Balance pate Balartce U7/`10 G,�3'77.12` {)'7,/l� 6,C156�� {)7/95 G,7G8.U� (}8/t},ri G,3$7.3`? 07/15 G,3?8.U�3 U7/2ry 7,(791.0� U7/29 G,727.3U OS/UG 6,95`�.G� 07j1Cf �,�c�.�� c�'�,t2� �,�a�_7� o7;j�� �,���.cs os/�s �,���.�c U7/17 G,U�1.?� U7�''�4 G,$8U.7�� U8/0,� G,GO3.7� Are yvu on t�r�et to aehieve yaur retiremeat goals? ' Accarciing ta a rece�t survey condticted by PNC,those peop�e wha are on target say these three things have helped them,�et there: > Living under their�r�ea�s > Contrib«ting�s m«ch as possible tu their 40I(k)s or other retirement plans ? Starting to save at a young age Talk to trs�vcla�abo�it 1�ow we can ltelp put yv�r on the riglit p�tlt�o your retu-ernen�goais,with a fi ee i•etirernent review.S#.op by an,y br�t�cli ar c�ll 1-877-5156-1356. 1 - I I Eajoy the Gonvenience o�Unline Banking Access your account whenever you need it.C7nline Banitiing lets you canveniently checkl�alances,p�y hills,review��count activity,transfer money and mare--anytirne,anywher�. Learn mure and experience(Jnliae Bankiag with aur interactive demo by visiting pnc.com/a�lwaysopen �� . tiY i � Reviewing Your Statement ���PNCBANK Ple��se review this staternent carefiilly and reconcile it`vith yuur rec�rds. C��11 the telephone number on the upper right side of the iirst page of this statement if: • you h�jve any questions regard.ing y�ur�jccount(s}; • your n��me or address is incorrect; • you have any questiuns regarding interest paid to an interest-hearing account. - Balancing Your Account Update Your Account Register Compare: The activity detail section of your statement to your account register. Cheek Off: �All items in your acco�mt register that also appear on your statement. Remember to hegin with the enciing date of your last statement. (An asterisk �*}w•ill appear in the C�hecks section il'there is�gap in the listing of consecutive check numbers.) Add to Your Aceount Register Any deposits or additions incluc�ing interest payments anci ATM or electronic deposits Balance: listed on the statement th�it are not already entered in your register. ,Subtraet From Your Aeeount Any account deductions including fees and ATM or electronic deductions listed on the �Register Balance: statement that are not��lready entered in your register. i�pciaie �four �taf[ernent Informa�ion Step 1: Step 2: C�eck Nnmber or - Add tugether Date of Deposit Amount �Add together Deductio�Des��tion An�oant deposits and checks and other other adciitions deductions listed listed in your in your account account register register but not on but not on your � your statement. statement. Total A Step 3: Lnter the enciing Ualance recorded on your statement $ Add deposits and other aciciitions not recorded Total A+ $ S«btotal= $ Subtract checks and other deductions not recorded"1'otal B - $ The result should equal your account register hal��nce = $ . Total B Verification of Direct Deposits To verily whether a ciirect deposit or other transier to y�ur account ha s occurred,call us Monday-Friday:7 AM- 10 PM ET and Saturday LC�Sunday:8 AM-S PM LT at the customer service number listed on the upper right side ofthe first page of this statement. In Case of Errors or Questions About Your Electronic Transfers TeIephone us at the customer service numherlisted on the upper right side of the iirst page of this statement or�r�7rite us��t YNC Bank Check Card Services,iUU rirst Avenue,4th rloor,Mailstop P7-PFSC-U4-M,Pittshurgh,PA 15219 as soon as you can,if y�u think your statement or receipt is wrong or if y�u need rnore information about a transfer on the statement or receipt.We must hear from you no la�ter than 60 days�!'ter we sent you the FIRST statement on�vhich the error or problem cjppeared. (1) 1 ell us your name��nd acco�mt number(ii'any). (2)llescribe the error or the transfer you are unsure about,and explain as cle�rly as you can why you believe it is cjn error or why you need more inlurmation. (�)'I'ell us the dollar amount oi the suspected error. We�vill investigate your complaint and will correct any err�r promptly. If�ve t�ke more than 10 business days to do this,`ve�vill provisionally creciit yo�u-acc�unt for the amount you think is in error,so th�t you�vill have use of the money during the time it takes us to complete our investig�tion. Member FDIC L=.J Equal Housing Lender •:,�;�•ti ��� .�•