HomeMy WebLinkAbout01-03-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information �l ^1 � r��
Name: Ray K.Forney File No: I 1
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: December 18,201.3 Age at death: 85
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 1801 Warren Street,New Cumberland,PA 17070,Cumberland County
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 3 Locust Lane,Leola,PA 17540,Lancaster County,PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania.. .. . . ... . . . .... .. . ... . . . . . . All personal property $ $55,000
If not domiciled in Pennsy lvania. .. . .... ..... . . . . . . . .... Personal property in Pennsylvania $
If not domiciled in Pennsy lvania. .. . .. . . .... . . . . . . . . .. . . Personal property in County $
Value of real estate in Pennsylvania.. . . . . .. . . . . . .. . . . . .. . . . .... . . . .... . . . . . . . . . . . . . . .... .. . . $ $26,000
TOTAL ESTIMATED VALUE. . . . $
Real estate in Pennsylvania situated at: 1801 Warren Street,New Cumberland,PA 17070,Cumberland County
(Attach additional sheets,ifnecessaty.) Street address,Post Office and Zip Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary March 24,2005
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,etc.)
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS O EXCEPTIONS
® B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
O NO EXCEPTIONS O EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets, ifnecessary):
n �-
Name Relationship A fS r> s �—
rC.)
)> t ri
111` FW
O Cn !�
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
David L.Forney,Esq. 1601 K.Street NW,Washington DC 20006-1600
The Petitioner(s)above-named swear(s)or affirm(s)the statements i the fo goin etition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Deced t,the etit' er(s)wNI wel d truly administer the estate according to law.
Sworn to or affirmed and subscribed befor - ` Date
me this 3 day of L I Date
By: Date
— d2Q 1k bWr')XVyhft�K
For the Register Date
BOND Required: O YES @ NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ DO Attorne Signature:
( I5 ) Short Certificate(s). . . . . . I&CO
( t ) Renunciation(s).. . . . . . . . 5.2o C
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: David L.Forney
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other VV I�' . . . . . . . 1 '55,00 ID Number: 43795
. . . . n5:0 Firm Name: K&L Gates,LLP
. . . . . . . . Address: 1601 K.Street NW
. . . . . . . . Washington DC 20006-1600
. . . . . . Phone: 202.778.9497 _: m
Automation Fee. . . . . . . . . . . . . . . S.OD Fax:
JCS Fee. . . . . . . . . . . . . . . . . . . . . 2 Email: David.Forney@ Q9e5.Qom:? [n
TOTAL. . . . . . . . . . . . . . . . . . . . . $ m M
>
;e C,7 C>
DECREE OF THE REGISTER ° c- o --a -n -n
3
Estate of Ray K. Forney File No:
a/k/a: ' f �' -n
AND NOW, , ���`�" , in consideration of the foregoing Petition,
satisfactory proof"g been presents, before me,IT IS DECREED that Letters
are hereby granted to Dcxm L. G5c, .
in the a ove esta a and(if applicable)that
the instrument(s)dated 2LLE, '2005
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Register of Wills fe_r �1,
Last Will and Test" OFFICE OF
Of REGISTER OF WILLS
Ray K. Forniyi JPN 3 PM 2 99
I, Ray K. Forney, a resident of New CumberlaU,E Berland County,
Pennsylvania, revoke any prior wills and codicils made bPUHAH leCl&Uis to be my
will. [CUMBERLAND CO., FA
Article One
Family Information
I am married to Louise P. Sowers. We were married on December 14, 1990. Any
reference in my will to my wife is to Louise P. Sowers.
I have seven children. Their names and dates of birth are:
Steven Keath Forney, born on April 13, 1953
David Lloyd Forney,born on September 23, 1954
Susan Marie Forney, born on October 10, 1956
Paul Francis Forney,born on July 4, 1958
Mary Grace Stauffer, born on March 24, 1960
Peter Ignatious Forney,born on July 6, 1964
Lynda Marie Heckenberger,born on December 28, 1965
All references to my children in my will are to these children.
References to my descendants are to my children and their descendants.
Page 1 of 14
Article 1 wo
Specific and General Gifts
Section 2.01 Disposition of Tangible Personal Property
I give all my tangible personal property, together with any insurance policies covering
such property and claims under such policies in accordance with a "Memorandum for
Distribution of Personal Property" or other similar writing directing the disposition of
such property, which shall be dated and signed by me. .
It is my intent that the writing qualifies to distribute my tangible personal possessions
under applicable state law.
Section 2.02 Contingent Distribution of Tangible Personal Property
Any tangible personal property not disposed of by a written memorandum, or if I choose
not to leave a written memorandum, I give such property not disposed of to my wife, if
she survives me. If she does not survive me, I give such property, to my children, in
shares of substantially equal value, to be divided among my children as they are able to
agree. In case my children do not agree upon the division of such property within a
reasonable time, my Executor shall make the division. My Executor shall incur no
liability to any party for any decision made by my Executor with respect to either the
division or sale of my tangible personal property, and any decision made by my Executor
shall be final and binding on all of my beneficiaries.
Section 2.03 Definition of Tangible Personal Property
For purposes of this Article, my tangible personal property shall include but not be
limited to my household furnishings, appliances and fixtures, works of art, motor
vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting
goods, and hobby paraphernalia.
Section 2.04 Encumbrances and Incidental Expenses of Tangible
Personal Property
Property being distributed under this Article shall be distributed subject to liens, security
interests or other encumbrances on the property so distributed.
However, my Executor shall pay, as an administration expense, the reasonable expenses
of storing, insuring, packing, transporting and otherwise caring for my tangible personal
property until actual delivery of each article of property to the appropriate beneficiary.
Page 2 of 14
i
Article Three
My Residuary Estate
Section 3.01 Definition of My Residuary Estate
All the remainder of my estate, including property referred to above that is not effectively
disposed of, shall be referred to in my will as my "residuary estate."
Section 3.02 Disposition of My Residuary Estate
I give my residuary estate to my wife, if my wife survives me.
If my wife does not survive me, I give my residuary estate, in equal shares, to my
surviving children. If any of my children fail to survive me, said child's share shall be
distributed to my surviving children,pro rata.
If none of my children survive me, my residuary estate shall be distributed as provided in
Article Four.
Article Four
Remote Contingent Distribution
If, at any time after my death, there is no person or entity then qualified to receive final
distribution of my estate or any part of it under the foregoing provisions of my will, then
the portion of my estate with respect to which such failure of qualified recipients has
occurred shall be distributed, in equal shares, to my surviving grandchildren.
Article Five
Designation of Fiduciaries
Section 5.01 Executor
I nominate my wife as my Executor., If Louise P. Sowers fails or ceases to act as my
Executor, I nominate my son, Steven Keath Forney, as my Executor. If Steven Keath
Forney fails or ceases to act as my Executor, I nominate David Lloyd Forney as my
Executor.
Page 3 of 14
Article Six
Powers of My Fiduciaries
Section 6.01 Grant of Powers
My fiduciaries may perform every act reasonably necessary to administer my estate and
any trust established under my will. Specifically, my fiduciaries may exercise the
following powers:
They may hold, retain, invest, reinvest and manage real or personal
property, including interests in any form of business entity including but
not limited to, limited partnerships and limited liability companies, and
policies of life, health and disability insurance, without diversification as
to kind, amount or risk of non-productivity and without limitation by
statute or rule of law.
They may partition, sell, exchange, grant, convey, deliver, assign, transfer,
lease, option, mortgage, pledge, abandon, borrow, loan, contract, distribute
in cash or kind or partly in each at fair market value on the date of
distribution, without requiring pro rata distribution of specific assets and
without requiring pro rata allocation of the tax bases of such assets.
They may hold in nominee form, continue businesses, carry out
agreements, and deal with themselves, other fiduciaries and business
organizations in which my fiduciaries may have an interest.
They may establish reserves, release powers, and .abandon, settle or
contest claims.
They may employ attorneys, accountants, custodians of the trust assets,
and other agents or assistants as deemed advisable to act with or without
discretionary powers and compensate them and pay their expenses from
income or principal or both.
Section 6.02 Fiduciaries' Powers Act
In addition to all of the above powers, my fiduciaries may, without prior authority from
any court, exercise all powers conferred by my will or by common law or by any
fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other
jurisdiction whose law applies to my will. My Executor shall have absolute discretion in
exercising these powers. Except as specifically limited by my will, these powers shall
extend to all property held by my fiduciaries until the actual distribution of the property.
Page 4 of 14
Section 6.03 Alternative Distribution Methods
My fiduciaries may make any payment provided for under my will or under the terms of
any trust established under my will as follows:
Directly to the beneficiary;
In any form allowed by applicable state law for gifts or transfers to minors
or persons under a disability;
To the beneficiary's guardian, conservator, agent under a durable power of
attorney or caregiver for the benefit of the beneficiary; or
By direct payment of the beneficiary's expenses, made in a manner
consistent with the proper exercise of the fiduciary's duties hereunder. A
receipt by the recipient for any such distribution shall fully discharge the
fiduciary.
Article Seven
Administrative Provisions
Section 7.01 No Court Proceedings
My estate shall be administered expeditiously, consistent with the provisions of my will,
free of judicial intervention, and without order, approval or action of any court. The
estate shall be subject to the jurisdiction of a court only if my Executor or another
interested party institutes a legal proceeding. A proceeding to seek instructions or a court
determination shall be initiated in the court having original jurisdiction over matters
relating to the construction and administration of estates.
Section 7.02 No Bond
I direct that no fiduciary be required to give any bond in any jurisdiction, and if,
notwithstanding this direction, any law, statute, or rule of court requires any bond, no
sureties be required.
Section 7.03 Fiduciary Compensation
An individual serving as Executor, shall be entitled to fair and reasonable compensation
for the services rendered as a fiduciary.
Page 5 of 14
_ i . .. ._ _
In addition to receiving compensation, my Executor may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under my will.
Section 7.04 Spendthrift Provision
Neither the income nor the principal of any trust established under my will shall be
assigned, anticipated or alienated in any manner by any beneficiary, nor shall it be subject
to attachment, bankruptcy proceedings or any other legal process, or to the interference or
control of creditors or others.
Nothing contained in this Section shall restrict in any way the exercise of any power of
appointment granted in my will.
Section 7.05 Distributions to Incapacitated Persons and Persons Under
Twenty-One Years of Age
If my Executor is directed to distribute any share of my probate estate to any beneficiary
who is under the age of 21 years or is in the opinion of my Executor, under any form of
incapacity that renders such beneficiary unable to administer distributions properly when
the distribution is to be made, my Executor may, as Trustee, in my Executor's discretion,
continue to hold such beneficiary's share as a separate trust until the beneficiary reaches
the age of 21 or overcomes the incapacity. My Executor shall then distribute such
beneficiary's trust to him or her.
While any trust is being held under this Section, the Trustee, shall pay to the beneficiary
for whom the trust is held such amounts of the net income and principal as the fiduciary
determines to be necessary or advisable for the beneficiary's health, education,
maintenance and support.
Upon the death of the beneficiary before that time, the fiduciary shall distribute the trust,
including any accrued and undistributed income, to my then living descendants, per
stirpes. If I have no then living descendants the property shall be distributed under the
provisions of Article Four.
Section 7.06 Maximum Term for Trusts
Notwithstanding any other provision of my will to the contrary, unless terminated earlier
under other provisions of my will, each trust created under my will shall terminate 21
years after the last to die of the descendants of my maternal and paternal grandparents
and the descendants my wife's maternal and paternal grandparents who are living at the
time of my death.
At that time, the remaining trust property shall vest in and be distributed to the persons
entitled to receive mandatory distributions of net income of the trust and in the same
Page 6 of 14
proportions. If no beneficiary is entitled to mandatory distributions of net income, the
remaining trust property shall vest in and be distributed to the beneficiaries entitled to
receive discretionary distributions of net income of the trust, in equal shares per stirpes.
Section 7.07 Representative of a Beneficiary
The guardian of the person of a beneficiary may act for such beneficiary for all purposes
under my will or may receive information on behalf of such beneficiary.
Section 7.08 Ancillary Administration
In the event ancillary administration shall be required or desired and my domiciliary
Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor
shall have the power to designate, compensate, and remove the ancillary fiduciary. The
ancillary fiduciary may either be a natural person or a corporation. My domiciliary
Executor may,delegate to such ancillary fiduciary such powers granted to my original
Executor as my Executor may deem proper, including the right to serve without bond or
surety on bond. The net proceeds of the ancillary estate shall be paid over to the
domiciliary Executor.
Article Eight
Tax Provisions
Section 8.01 Payment of Death Taxes
All estate, inheritance and succession taxes payable by reason of my death, whether or
not such property passes under my will shall be paid as set forth in this Section.
(a) Payment from Residue
Except as otherwise provided in this Section or elsewhere in my will, my
Executor shall provide for payment of all such taxes from my residuary
estate as an administrative expense without apportionment and shall not
seek contribution toward or recovery of any such payments from any
individual.
(b) Protection of the Marital Deduction
Notwithstanding anything to the contrary in my will, no such taxes shall
be paid from or allocated to any property qualifying for the federal estate
Page 7 of 14
y+suss a'a.+w +'"W" `S:,;�'h �'r"�'�i Ai.� '"'i 7#`k; - `r k�S� g Y' ;Y.1111,a*�r a}�'v,,, ���r�"RF�,--sz,:"-r a,,N. �..4"4�y y s'ra`�a- `� .f " i l§ .�ra�"' s -..,� ���:,, s,:. �h��3.�,,'L�3`"`4 ft`P`'i F5, i3's"&'
.I , i;r'w <� S
k --
._. , ..
.
ter: ._ey -- i- -,
a�t
e 4Yd a
i k*r 1 a i'� } m £ „a. z+„ a Ms's*� �4 ir" � £ N .t F r: r S' '<,7 e + ''�' �'
j ,- fc1 'y S rk" F Y 3.... x �' " 2"t x; y r r
t r .-t,`k ` ^y,rba�_:s'ir.,� •7? •a h..s k� t E-1,a,,nom. ..,. . *,,yyt: .:d± :,' S ^�.� -".<< a*4 ..�.c ±.:�> ?, t i °,"=' � ' i'i5t'3y""aF F ..4"ra �,, ;:'i+.. ";. "�W
`' ay, ; l , '. '`� 'R '4. - `.g` 11 ." dP^�•jb A. ,- ..'t, c -.-t *e -,i;� - r. ✓
; 4k r_ rc ?, p'hC "?T.;S S»x. #s ;. .;? `....,. yir",° .,a- "�,>.:�t ''>_, '..rr .,�.> t..fd.. ';,, ° 3<' akS iI'i
,.. .�,:,� c 2b,r ;:.,� _ -�S ~fi �,,:'. t - 4 c�°'x"t�re -�fi�tt•_ w:,� '�. r .'�5rir,[r- " � , .,
} a.r 4 a:..rF 4 e.';w" y 9'.,wK 7 :L_N^�'�';,. 2i ,*"x' b "fr." °i"x- :, --_s, „a5; _'i' :•-i£i -' ^; G t�.rf�',t .$4p ` �"'1�d-#�i,'tafl :.r 1' .f.1
d x �; '.,�j.a,.a '£aa'.".1 a 1-,,,.,�,,-r. _ ,k i�t'u'S' _ ..4 . t..,. "'i��.N 5$°:r w 'v -r .-a-�' � Ar *' var'v,=£'> - '''"S",. -�
'r t :-.a ,,, `"''- i,, ii -`;:.,9 " ',r,.p,. ,;. :+.`� ',"'.`;� i.. ., .'a,.. - u; ;: ,y€ '' k ., �' 1" p,' 3k, +;-s ya'�.-",`+`Ss-xt ,` >' :,x�' ',
' a y,-.! itt i..'`e . ¢.�.rf `:''' k.`*,��, c'' , ,3i }�a .�,.# *v-T,r,, �. '�# ,�. ', '" �3, a;!=` .�` a „rRsh
*r, ,° ;tax, rearita'1= deduction under irn wi„ll�uniess :there 4is no bother t ro ert � ,.--: '.,r>. II
a n 3
i..' �"d �. "y �,Y r, '' }w " : �"o r'.t, e:J�” -c ", �k :t+'.^`X• fia , ;,,; .r Y:, t ;:.. &-y: 3 " 4" 'Yap -s
;available�to pay$such taxes � , ", ��
l��r4 !k`1�£ - @ a Per 'at% r C F„ w,r 3 s rG Y r� � �;:-�YW enI J
�* *t `zr -
c Pro ert '`Passin O1u„tside of.M Will I 11
� ) . ,P Y 9 Y Z . .
9'
All such °taxes unposed with respeC g.", o��propertyt ncluded 'm =myp gross':
}'"estate,for=ppu oses of suchtaxes`ancl�passinQotherthan'bYkfim willsha11 w t i „
.,s ,„ti:.r., us t�Y,:4,� v t-.,.r:,tc a: i h: ,.€`.i ;'", fi?x Y�,,�t#' %f a £_ .n.:fir a n:`. y sx.:a'"iw t a 1�;r f,x s, Md- =i'i% d
°, W ' mepappppoUponed arnonQ the ersons and entities benefited"rn tl`ei,7�r"i"tionw , t ,.
. .. k : ti YF 'r YY�,:�v f g"z 3 r,-f r a?,q*- "'-',ml Sl):� x.4't”- y;,� a: fl ay` t K c.�y , k a. m + k%:E s�JI'.s. Y. :�.;., q,�,, ':f..
nit. 4 k C S 1 t�'-�;`: �`J,*'4 .r �5nx,, e k?i.s'� '-`.x y =;,n11 "Y.w" '"S :e.�£.,yr..Y�,. .rota �. ',u>.`�+ Y "w.
z k _ thatthetaxablevalueofthe °ro ert: for=interest 4bears to the}total taxable f
{,, re g,r� a�p p Y _
< } t ' 'si k z.G', r ;,�..nwx j;°`a +Sk;%:'it?f^:7: i i'+alt v£c: i+•�r`3:=�+z,,,,,t F?+:. ,.,'�. :s x t ,t - ° ?'- - r .r `''i<.:3..
*ualue�ofthe ro erty and„interestsreceived'by,all persons benefite`cl The;; r ,11
finall; determrned--hip res ective tax_ roceedrn s,shall:'beathe
3 '', a+" - } sY% , � � : �i 1'"," .<'i a� � t�'�PA lq .A�;a'=:.rrn ,...:w�-:w ._ p t�' :.
7 � } ` ' values`used for the�y'app'brtionment°of the."respective taxes
' g.a t? §'vYY. ,s y - N+'� E.' r F` °ry
4 A �}hfit r# a
g 'r `�'" ++ve, Y ; ;r r.fk t Yu iti r-a � t-c ^r 'a m' a' f �.+�t i -:' �,r
3 -.-bc ti* i� G_-,�6 � ys'.4:�' 1ai' 3y s 3 f� t ! :s •- z ''k` X psi "a
k —1, t °� �r a y> ?4 y i <Y L .��` ' a + ,'r_. e zs ���
' `E"7 ' "'r?.�.. n^q t n !`v r ..=5w', s,:'fw"'4zSb.' .Yw.' s fir.,.'4.: �A ;k .S h€f ✓ $>, 's - Yxf„' a _`h s .. Y„ "'
x�. ; P A£� h� r �s'k7� vY,;: ,trx =<kr" r; f 144
,,Section 8 , ;TaJUElections, ik ,� -' , ,: I � ;�,� n ,; .,
f .�'•. .q '._a$,,a., ` �C3 d ,- - `t, .l-----, ;�W '�-`t^' ?G"`'$it` r c "'<:5�,'£r f .fix x$ -rt-ii *+z t't;x;%�. " '¢ , >:
u'i t . % a ,yfi a e a w? r e r a�! brar
-� '. <^' " � 3�-ka'� 1� kG""il, �1�s,:y' -'_ 5 , '.' -' ^`a; a ?+'- a *r A .. f T it%
? r` ^kr .� u'rz;,r :i'`t.< �� +, nr1 F e. $ �5 r �,.ai"� e- '<:v � ,6 .T k :.'s" i. ,
„k^ R.r ". %,Viii'I""I� ,,:",P"T .r, o�...a,. " r ..F.::;:� h 11?1,.. .- b rk+. �., v`� ;; ,,y`-4 - 4, .a
a� �PlIn,exercising, any��perrru ted selections regarding ;taxes,_;my fiduciaries may. ,m such ��-�1.
,decisions as they deem to,be appropriate m all tfi&,eircumstanees and;my fiduciaries shall . ,1.
{ �- 4be under no`dut 'to make an coin ensator ad ustment,as 'a copse uence�of an such `
., Y Y , p Y J q Y
election Vly Executor"'may°also'execute such joint 'tax'.returns;an$ ,pay,asuch (taxes or
u interest and:deal ,with any,A , refunds„interest, or credits asr it shall deem°necessary or
"advisable, whether in the interest of-Athexother:�oint:tax payer or in the,`interest of my.11 estate:
IM { H
,
- - _ ..:'y
: , :. p -.
y k ' Art3ic,le, Nine
' ,r b b �, st
i1� Definitions §a`nd�General Provisions
y
q
, ° t £Section 9°01 'Definitions , „
� 'i5�'.: Rk. - ., i r.,,44 ".i k4'' *%'x,��y�y .�, '� 'Y _ a'
`.p, "e3 X43 };' 2 k :k" .� r, t td`v"gfr rj li a.,,s+P 3a, - �t t,'.u(}r rlrot'i' �'. g?�Y: r """"s�' ,>^' t.. w t;"
,yr p .3 ' -:`a2y'.-}'t� �.t' ad's" *i'> 'n' .u r.:. 'u., .` d. $ s rY f;;< # - �.`: ;c; ,f,' `?
mimp --.m;-3. :„:b.. -- �. .�. u* r i.Ji s"'a a:,-' # ...,_ ,., `,' .,1,; d ,%. .;”
._- For i-u uses ofm will°ands=for:the u:'osesofan, °trust established tunderkm ;will,
P. r, Y P, rP' Y 3'
c t `,` "1�,t Yli.� " U ,?a^n„'.NS -`'*' §,r, j rC 3et °*'�. ".7,;1,FYt 4 t
a .fir,',. i `.- 3: ,`ps i? -OR— '� k;t` 1'' a� . , €' z .�' s d-- rs °; ..rc. ^"�t'• "'q'
gr ,:. ,3F a7 ',�,F d ee.i y rya''t.�'�r .`4
, following°defini ions shall#apply :, R�R F �z
�`' d.. t .s v, '' 4 - �# as �Z 5
11-M. a cr�.d �,'. ;�, t4 '7.. �A' % .�i.F" r' , 'a- - ',' tti� t"'7 __;;�, i-"'-, i''J� :
�� a . ,x Ado 'ted and_ Aner�borma ersons^,, ,x; }, k � v �b 5 1.1.
k r 1r: »%' it i,'-: ,. r" ., eAP�t ?`'c #�> :i t ''. A 3 r4 vkr�tr vi ;i a a k5r ,- "
:. ;, r ::`i,'- �` +w- ,+. .;`:,'•,"�`. �" y Chi° � .N� t k',.'�A p" %�` .. N e y 1 s^ Q .S" � �.: ",.z, ka X...;y.,. E� t`:: , t _, ;+ sK`''vae,,ff �s ,t^' T: ,^ i° s„•,.- ?” ,(
.,. ''". .,.,"F:, a..,: d ;,4-'s:w .t s.. °' ... 3!a, �5.w�`>'#s,.r' . .' r... .,, �` "..h:•, r,µ..3. E r. W Y,, g fi «.,. >b .,"-. �'S5 3 ,k. r x.,'.
Y Ale all tado ted , erson in ,ana ®, eneration and,hisorMherdescendants, ;.3
g Y p p Y g x , l�:� �
rl 4{ .j. `�. •;Y,'� „1:'s,gy"r . X1 .....: y1ei Ll.,ti�:t= 't,P'''- ,,K;,��tf"'Y ,f,z .,�,i d y. e�, ;stg�v .r t y. .-,�r
' inchiding4,adopted descendants; shall�ihaue the same rigl is and be treated m > x a
WR v- the,same rrianner,under$my,will,as natural children of.the adopting,parent 6111-6,'61 I'
provided such person "--At i s egally adopted prior to attaining ,the age of 1;8 -
g years A person 1shalpbe deemed jto.be legally adopted"if the;adoption was '' i S� .• ',
{ legal in the`�urisdiction in which rt occurred at th'e time that rt'occurred. ,°,11
S si r�a - 9
v '' `�
-,
- .
_ :!, _ "'
} Pa e`8 f o l4 .
g
,�
n �# .'ri dr' � -�_�t � }'� -.• � .,,¢
yg� P
x..,.. : - �`,�:��f���.n* �°, ,i�a��e_°'.- „—������3��.<w_.'
(b) Descendants
The term "descendants" shall include a person's lineal descendants of all
generations.
(c) Education
The term "education" is intended to be an ascertainable standard in
accordance with Section 2041 and Section 2514 of the Internal Revenue
Code and shall include,but not be limited to:
Enrollment at private elementary, junior and senior high
school including boarding school;
Undergraduate and graduate study in any field at a college
or university;
Specialized, vocational or professional training or
instruction at any institution, including private instruction;
and
Any other curriculum or activity that my Trustee may deem
useful for developing the abilities and interests of a
beneficiary including, without limitation, athletic training,
musical instruction, theatrical training, the arts and travel.
The term "education" shall also include distributions made by my Trustee
for expenses such as tuition, room and board, fees, books and supplies,
tutoring and transportation and a reasonable allowance for living expenses.
(d) Internal Revenue Code
References to the "Internal Revenue Code or to its provisions are to the
Internal Revenue Code of 1986, as amended from time to time, and the
corresponding Treasury Regulations, if any. References to the "Treasury
Regulations," are to the Treasury Regulations under the Internal Revenue
Code in effect from time to time. If a particular provision of the Internal
Revenue Code is renumbered, or the Internal Revenue Code is superseded
by a subsequent federal tax law, any reference shall be deemed to be made
to the renumbered provision or to the corresponding provision of the
subsequent law, unless to do so would clearly be contrary to my intent as
expressed in my will. The same rule shall apply to references to the
Treasury Regulations.
(e) Legal Representative or Personal Representative
As used in my will, the term "legal representative" or "personal
representative" means a person's guardian, conservator, executor,
Page 9 of 14
administrator, Trustee, or any other person or entity personally
representing a person or the person's estate.
(f) Per Stirpes
Whenever a distribution is to be made to a person's descendants per
stirpes, the distribution shall be divided into as many shares as there are
then living children of such person and deceased children of such person
who left then living descendants. Each then living child shall receive one
share and the share of each deceased child shall be divided among such
child's then living descendants in the same manner.
(g) Qualified Retirement Plan
The term "qualified retirement plan" means a plan qualified under Section
401 of the Internal Revenue Code, an individual retirement arrangement
under Section 408 or Section 408A or a tax-sheltered annuity under
Section 403. The term "qualified retirement benefits" means the amounts
held in or distributed pursuant to a plan qualified under Section 401, an
individual retirement arrangement under Section 408 or Section 408A, a
tax-sheltered annuity under Section 403 or any other benefit subject to the
distribution rules of Section 401(a)(9).
(h) Shall and May
Unless otherwise specifically provided in my will or by the context in
which used, I use the word "shall" in my will to command, direct or
require, and the word "may" to allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act its sole and absolute discretion unless otherwise stated by
in my will.
(i) Trust
The term "trust," shall refer to all trusts created under the terms of my
will.
(j) Trustee
The term "my Trustee" refers to any person or entity that is from time to
time acting as the Trustee. The term "Trustee" refers to singular or plural
as the context may require.
(k) Trust Property
The phrase "trust property" shall be construed to mean all property held by
my Trustee under my will, including all property that my Trustee may
acquire from any source.
Page 10 of 14
(I) Other Definitions
Except as otherwise provided in my will, terms shall be as defined in the
Pennsylvania Probate, Estate and Fiduciaries Code as amended after the
date of my will and after my death.
Section 9.02 Survivorship Presumption
If my wife and I die under circumstances in which the order of our deaths cannot be
established,I shall be deemed to have survived my wife.
If any other beneficiary shall be living at my death, but die within 30 days thereafter, then
such beneficiary shall be deemed to have predeceased me for all purposes of my will.
Section 9.03 General Provisions
The following general provisions and rules of construction shall apply to my will:
(a) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular may be
construed as plural and words of the plural may be construed as denoting
the singular. Words of one gender may be construed as denoting another
gender as is appropriate within the context. The word "or" when used in a
list of more than two items may function as both a conjunction and a
disjunction as the contest requires or permits.
(b) Headings of Articles, Sections, and Subsections
The headings of Articles, Sections, and subsections used within my will
are included solely for the convenience and reference of the reader. They
shall have no significance in the interpretation or construction of my will.
(c) Governing State Law
My will shall be governed, construed and administered according to the
laws of Pennsylvania as from time to time amended. Questions of
administration of any trust established under my will shall be determined
by the laws of the situs of administration of such trust.
(d) Notices
Unless otherwise stated, whenever my will calls for notice, the notice shall
be in writing and shall be personally delivered with proof of delivery, or
mailed postage prepaid by certified mail, return receipt requested, to the
last known address of the party requiring notice. Notice shall be effective
Page 11 of 14
on the date personally delivered or on the date of the return receipt. If a
party giving notice does not receive the return receipt but has proof that he
or she mailed the notice, notice shall be effective on the date it would
normally have been received via certified mail. If notice is required to be
given to a minor or incapacitated individual, notice shall be given to the
parent or legal representative of the minor or incapacitated individual.
(e) 'Severability
The invalidity or unenforceability of any provision of my will shall not
affect the validity or enforceability of any other provision of my will. If a
court of competent jurisdiction determines that any provision is invalid,
the remaining provisions of my will shall be interpreted and construed as
if any invalid provision had never been included in my will.
I, Ray K. Forney, having signed this Will in the presence of 1...2Ag-&rand
d 11,fXtv-d,-e Z. who attested it at my request on this day,
" -rL►'x am , 2005 at Harrisburg, Pennsylvania, declare this to be my Last ,
Will and Testament.
Ray K. orney, Testator
Page 12 of 14
The above and foregoing Will of Ray K. Forney was declared by Ray K. Forney in our
view and presence to be his Will and was signed and subscribed by the said Ray K.
Forney in our view and presence and at his request and in the view and presence of Ray
K. Forney and in the view and presence of each other, we, the undersigned, witnessed
and attested the due execution of the Will of 'Ray K. Forney on this day,
2005.
4, ;, presiding at ,
residing at &a �
r,
'Page 13 of 14
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
We,.RAY K.'FORNEY, ` _Q -P_� and
CAA-k1-6_,29- ,e &,QA Z— , the testator and the witnesses,respectively, whose
names are subscribed to the foregoing instrument, being first duly sworn, do hereby
declare to the undersigned authority that the testator signed and executed the instrument
as his Will and that he had signed willingly and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each of the witnesses, in,the
presence and hearing of the testator, signed the Will as witness and that to the best of
each such witness's knowledge the testator was at that time eighteen (18) or more years of
age, of sound mind, and under no constraint or undue influence.
RAY 0164EY
Witness
Witness
Subscribed, sworn to and acknowledged before me by RAY K. FORNEY, the testator,
and subscribed and sworn to before me by and
witnesses, this day of
2005.
rl
Notary lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amy M.Moya,Notary Public
o� F"n ,Dauphin County
My Comnrission>;xpires lan,29,2068
Member,PennsyWania Association of Notaries
Page 14 of 14
RECORDED OFFICE OF
RENUNCIATION REGISTER OF W.I L LS
"119 :IFIN 3 Pik 2 08
REGISTER OF WILLS
Cumberland COUNTY,PE C K 0 F
0URT
CUMBERLAPdD CO., 'PA
Estate of_ /� / �. `C/1 ,Deceased
—,in my capacity/relationship as
(Print Name
2;tw 0 of the above Decedent,hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
23060 /«®lbsu- zeo-4y P .
(Date) (Signature)
(Street Address)
/& /
(0011 State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
Of that he or she executed the renunciation for the
purposes stated within on this a(b day
of
Deputy for Register of Wills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev.10.13 A6 Ne A*Y W i Tmaw"awyow
COUNTY
COMMIt� EMR@S JANUARY 16.201 S