HomeMy WebLinkAbout09-05-13 McNEES WALLACE&NURICK LLC
By: David M. Watts,Jr., Esquire
Attorney I.D.#42232
100 Pine Street c'� �; ��•� C�:�
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P.O. Box 1166 � � `"�� '��
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Harrisburg, PA 17108-1166 "��' : ' ��
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Attorney for Petitioner � � , �:; �4
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In Re: : IN THE COURT OF.�(�AYIMON PLEA.�,'��,�
: CUMBERLAND CO�NTY, PE�ISYL�`1�NIA
ESTATE OF JESSIE LEE TABOR, :
DECEASED : ORPHANS' COURT DIVISION
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• N0. 21-13- 7�� '
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PETITION UNDER SECTION 3102 OF THE ;
PROBATE,ESTATES AND FIDUCIARIES CODE �
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FOR SETTLEMENT OF SMALL ESTATE E
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TO THE HONORABLE JUDGES OF SAID COURT: '
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Benjamin L. Tabor,Jr. (the "Petitioner"), by and through his attorneys, David M. Watts,Jr. ;
and McNees Wallace&Nurick LLC, respectfully represent that:
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1. This Court has jurisdiction over this matter pursuant to Section 711 of the Probate,
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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..
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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
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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 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.
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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.
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§ 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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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��
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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
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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
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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
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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
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