HomeMy WebLinkAbout02-23-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OFGJ �,���q�p COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information`�
Name: 5'F 'Ct � ` File No: ` —
a/k/a: (Assigned by Register)
a/k/a:
a/Ida: Social Security No:
Date of Death: �(� ��.� ��\S� Age at death: S\la
Decedent was domiciled at death in County, (State)with his/her last
principal residence at
Street address,Post Of ice and Zip Code City,Township or Borough County
Decedent died at �1( - ��\�►L �� ��.•.����.► ��„Q �a,�,n�
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
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ......... .............. Personal property in County $
Value of real estate in Pennsylvania......................................................
TOTAL ESTIMATED VALUE. ... $
Real estate in Pennsylvania situated at: 1� � �
(Attach additional sheets,ifnecessmy) Street address,Post Of ce and Zip Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)ave s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated —�3^201\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 apending
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.
2QNO EXCEPTIONS ❑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.taL 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.
&NO EXCEPTIONS ❑EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained thatDecedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,ifnecessar))):
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Name Relationship Addres p C-r-1 rYt
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Forn,RW-02 rev.1011112011 Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF }
Petitioner(s)Printed Name Petitioner(s)Printed Address
< 'p
a
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner will well and tnily administer the estate according to law.
SAis8ay
or4a�n bscribed befa e r gate
r D
Date
Date
BOND Required:[�YES E]NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters. . . . . . . . .. . . . . . . . .. .. $ Attorney Signature:
{ )Short C tificate(s). . ....
( )Renunciat n(s).. . . . .. . .
{ )Codicil(s). . . . .. . .....
( ) Affidavit(s).. . . . . . . .. . .
Bond.. . . . .. . . . . . . . . . .. . . . . . Printed Name:
Commission. . . . . . . . . . .. . Supreme Court v
Other . . . . . . . ID Number: �_ �' -:-,l
� '*t
. . . . . Firm Name:
. . :t _�
... .. . .. Address: '... _... � '35=9.....� r:a
- -M �t -7'r
TI -rt
. . .. .. Phone: ..
Automation Fee. .. . .. . .. .. .. . . Fax: '�� c-n
JCS Fee. . . . . . .. . . . . .. . . . .. . . pail: —i t
TOTAL. . . .. . . . . . . . . . . . . ... . $ Ul "7i
DECREE OF THE R GI, STER tt
Estate of ` FM,No: c -'t q-
a/k/a:
AND NOW, in consideration of the foregoing Petition,
satisfactory proof having been presented before rne,IT IS DECREED that Letters
are hereby granted to
in the above estate and(if applicable)that
the instrument(s)dated
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
Register of Wills
Form RPV-nz rev. 10/1112nit Page 2 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF }
Petitioner(s)Printed Name Petitioner(s)Printed Address
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Dec ent,the Petitioner s)wi ell and truly administer the estate according to law.
Sworn to or affirmed ars;,subscribed before tL �, Date - 6
m4.0,�:the-Reg
day of Date
By - f t�, A Date
isterDate
r
BOND Required:Q YES EINO To tate Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . .. . . . . . . . . . . . $ _ Attorney Signature:
( � )Short Certificatc(s).. .. . .
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . .. . .
Bond.. . . . .. . . . . . . . . . . . . . . . . . Printed Name:
Commission. . . . . . . . . . . . . . .. . . Supreme Court
Other . . . . . . . . ID Number: E9 0
I (I U fCt*1kfik . . . . . . . . If Firm Name: Q *i Q
Y'Q4:I AAAI . . . . .. . . 1 5 Address: �•� �. tx� rn 70
1 C..3 CJ
- : C7
Phone:
Automation Fee. . . . . . . .. . . . .. . Fax:
JCS Fee. � .c7U Email: :.3 CC) r_' rTj
TOTAL. . . . . . . . . . . . . . . . . . . . . $ CO
CTi
DECREE OF THE REGISTER
Estate of J(L� a T_aO��n( File No: J 7
a/k/a:
AND NOW, Rb 1 R njl.! nig � h , in consideration of the foregoing Petition,
satisfactory proof-having been pre nted before me,IT IS DECREED that Letters
44 hereby granted to
in tltidabove estate and(if app icable)that
the instrument(s) dated
described in the Petition be adimilite'd to probate and filed of,record as the last Will(and Codicil(s))of Decedent.
Regis ter of Wills
�W6a
rorm nw-n2 rev. 10/1112011 Page 2 of 2
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
, ��
� ��
oF cu�y
�,�� ��� e�`�` No. 2015- 00197 PA No. 21- 15- 0197
�
Es ta te Of: JOAN R FAGNANI
O D ��1 (First,Middle,Lastl
� `v
�� La te Of: CAMP HILL BOROUGH
CUMBERLAND COU,NTY
N
Deceased
Soci al Securi ty No:
7750
WHEREAS, on the 23rd day of February 2015 ar.i _:nstrument dated
June 3rd 2011 was admitted to probate as the la��t: will of
JOAN R FAGNANI
/First,Middle,Lasil
late of CAMP H/LL BOROUGH, CUMBERLAND County,
who died on the 14th day of January 2015 and,
WHEREAS, a true copy of the will as probated :�s annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. , 1<egister of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TEST�IMENTARY to:
R RANDALL FAGNANI and KAREN J ROSE
who have duly qualified as EXECUTOR(R/X)
and have agreed to administer the estate accordin<� to law, all of which
fully appears of record in my office at CUMBERLaND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my r�and and affixed the seal
of my office on the 23rd day of February 2015.
, ,
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, �ZIDDLE, LAST)
Last Will and Testament
of
Joan R. Fagnani
I, Joan R. Fagnani, a resident of Camp Hill, Cumberland County, Pennsylvania,
revoke any prior wills and codicils made by me and declare this to be my Last Will and
Testament.
M
CD
Article One �� �- �� J-'
r r, c., J c
Family Information 72C
r �1
I have two children. They are: CO � i
Raymond Randall Fagnani, a/k/a R. Randall Fagnani. born on January 21-; Cf'
1951 and
Karen Joan Rose, born on October 25, 1953
All references to my children in my Will are to these children.
References to my descendants are to my children and their descendants, including
descendants of any deceased child.
Article Two
Specific and General Gifts
Section 2.01 Life Estate in Residence
As soon as practicable after my death, I give a life estate in my.residence located at 2900
Maple Road, Camp Hill,Pennsylvania to R. Randall Fagnani.
During the time of R. Randall Fagnani's life estate, he shall l;c responsiblc for t1:1c ---
payment of all real estate taxes, utilities, sewer or water rents and similar charges on the
property. He shall maintain adequate insurance on the property and maintain the property
in a good state of repair.
If R. Randall Fagnani no longer wishes to reside at the property, or at his death, my
Executor shall sell my residence and distribute the net proceeds, in equal shares to R.
Randall Fagnani and Karen Joan Rose or to their surviving descendants,per stirpes.
If R. Randall Fagnani has predeceased me, this distribution shall lapse and the property
subject to this distribution shall be distributed as part of my residuary estate.
Page 1.
Property passing under this Section will pass free of any administrative expenses or death
taxes. But property passing under this Section will pass subject to all liens, security
interests or other encumbrances on the property.
Section 2.02 Disposition of Tangible Personal Property
I give all my remaining tangible personal property, together with any insurance policies
covering the property and any claims under those policies in accordance with a
"Memorandum for Distribution of Personal Property" or other similar writing directing
the disposition of the property. Any writing prepared according to this provision must be
dated and signed by me.
If I leave multiple written memoranda that conflict as to the'disposition of any item of
tangible personal property, the memorandum with the most recent date will control as to
those items that are in conflict.
If the memorandum with the most recent date conflicts with a provision of this Will as to
the specific distribution of any item of tangible personal property, the provisions of the
memorandum with the most recent date control as to those items that are in conflict.
I intend that the writing qualify to distribute my tangible personal property under
applicable state law.
Section 2.03 Contingent Distribution of Tangible Personal Property
I give any remaining tangible personal property not disposed of by a written
memorandum to my children, in shares of substantially equal value, to be divided
between my children as my children agree. If my Executor determines that a child is
incapable of acting in the child's own best interest, my Executor will appoint a person to
represent the child in the division of the property. If my children are unable to agree
upon the division of the property within six months after my death, my Executor will
make the division. My Executor may use a lottery or rotation system or any other
method of allocation to determine the order of selection and distribution of the property.
As an alternative, my Executor may sell all or any portion of the property and distribute
the net proceeds equally between my living children. My Executor will not incur any
liability to any party for decisions made by my Executor with respect to the division or
sale of my tangible personal property. Any decision made by my Executor will be final
and binding on all of my beneficiaries.
Section 2.04 Definition of Tangible Personal Property
For purposes of this Article, the term "tangible personal property" includes but is not
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 2.05 Incidental Expenses and Encumbrances
Until property distributed in accordance with this Article is delivered to the appropriate
beneficiary or to the beneficiary's legal representative, my Executor will pay the
reasonable expenses of securing, storing, insuring, packing, transporting, and otherwise
Page 2
caring for the property as an administration expense. Except as otherwise provided in my
Will, my Executor will distribute property under this Article subject to all liens, security
interests, and other encumbrances on the property.
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, will be referred to in my Will as my"residuary estate."
Section 3.02 Disposition of My Residuary Estate
I give my residuary estate, in equal shares, to my children. If a child should predecease
me, that child's share shall be distributed to the child's issue,per stirpes, or, if none, to
my surviving child. If both of my children are deceased and have no surviving issue,
then my residuary estate shall pass in accordance with the provisions of Article Four.
Article Four
Remote Contingent Distribution
If, at any time, there is no person or entity qualified to receive final distribution of my
estate or any part of it, then the portion of my estate with respect to which the failure of
qualified recipients has occurred shall be distributed to those persons who would inherit it
had I then died intestate owning the property, as determined and ,in the proportions
provided by the laws of the Commonwealth of Pennsylvania then in effect.
Article Five
Designation of Executor
Section 5.01 Executor
I name R. Randall Fagnani and Karen Joan Rose or the survivor of them as my Executor.
Article Six
General Administrative Provisions
The provisions of this Article apply to my probate estate.
Page 3
Section 6.01 No Bond
No Fiduciary is required to furnish any bond for the faithful performance of the
Fiduciary's duties, unless required by a court of competent jurisdiction and only if the
court finds that a bond is needed to protect the interests of the beneficiaries. No surety is
required on any bond required by any law or rule of court, unless the court specifies that a
surety is necessary.
Section 6.02 Fiduciary Compensation
An individual serving as my Fiduciary is entitled to fair and reasonable compensation for
the services rendered as a fiduciary. A corporate Fiduciary is to be compensated by
agreement with an individual Fiduciary or, in the absence of an individual Fiduciary or in
the absence of an agreement, in accordance with the corporate Fiduciary's published
schedule of fees in effect at the time the services are rendered.
My Fiduciary may charge additional fees for services it provides that are not comprised
within its duties as my Fiduciary such as fees for legal services, tax return preparation
and corporate finance or investment banking services.
In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under my Will.
Section 6.03 Determination of Principal and Income
The Pennsylvania Principal and Income Act will govern beneficiaries' rights among
themselves in matters concerning principal and income. If the Pennsylvania Principal and
Income Act contains no provision concerning a particular item, my Fiduciary shall
determine in a fair, equitable and practical manner what will be credited, charged, and
apportioned between principal and income.
Section 6.04 Spendthrift Trust Provision
This will, and all Trusts created hereunder, are intended to qualify as Spendthrift Trusts.
In addition, all interests in this will, or in any Trust hereunder, are intended for the
personal protection and welfare of Grantor's named beneficiaries, and no beneficiary
shall be allowed to voluntarily or involuntarily assign or anticipate his or her interest in
the income or principal of this will or any Trust hereunder, and no beneficiary's creditors,
nor a spouse or former spouse of any beneficiary, shall be allowed to attach or otherwise
reach any such interest before actual payment to the beneficiary.
If any beneficiary shall become the subject of a judgment or court order, then during the
period in which such judgment or court order remains in effect, such beneficiary shall
only be permitted to receive distributions from any Trust created for the benefit of such
beneficiary at the discretion of the Trustees. This limitation as to the right of a
beneficiary to receive a distribution shall apply notwithstanding any provisions within the
trust for such beneficiary which authorize distributions for the health, education, support
or maintenance of such beneficiary. In addition, if any beneficiary shall become the
subject of a judgment or court order, and such beneficiary is only entitled to discretionary
distributions from a Trust created for their benefit, it shall not be an abuse of discretion
Page 4
by the Trustees to withhold distributions to such beneficiary while such judgment or
court order is in effect.
If the Trustees determine that a beneficiary would not benefit as greatly from any outright
distribution of Trust income or principal because of the availability of the distribution to
the beneficiary's creditors, the Trustees shall instead expend those amounts for the
benefit of the beneficiary. This direction is intended to enable the Trustees to give the
beneficiary the maximum possible benefit and enjoyment of all of the Trust income and
principal to which the beneficiary is entitled.
Nothing contained in this Section shall restrict in any way the exercise of any power of
appointment granted in this agreement.
Section 6.05 Distributions to Persons Under Twenty-Five 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 25 years, my Executor shall act as custodian for the beneficiary's
share until age 25 under the Pennsylvania Uniform Transfer to Minors Act. My Executor
shall then distribute such beneficiary's trust to him or her.
Section 6.06 Distribution to Incapacitated Persons
If my Executor is directed to distribute any share of my probate estate to any beneficiary
who 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 Executors discretion, continue to hold such
beneficiary's share as a separate trust until the beneficiary overcomes incapacity. My
Executor shall then distribute such beneficiary's trust to him or her.
While any trust is being held under this Section, my 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, my Trustee shall distribute any remaining property in
the trust, including any accrued and undistributed income, to the beneficiary's then living
descendants,per stirpes, or, if none, to my then living descendants,per stirpes. If I have
no surviving descendants, the property is to be distributed under the provisions of Article
Four entitled"Remote Contingent Distribution."
Section 6.07 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 6.08 Ancillary Administration
In the event ancillary administration is required or desired and my domiciliary Executor
is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor will have
the power to designate, compensate, and remove the ancillary fiduciary. The ancillary
fiduciary may be either a natural person or a corporation. My domiciliary Executor may
Page 5
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 are to be paid over to the domiciliary Executor.
Section 6.09 Delegation of Authority; Power of Attorney
Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right
to exercise any power, including a discretionary power, granted the Fiduciary in my Will.
During the time a delegation under this Section is in effect, the Fiduciary to whom the
delegation was made may exercise the power to the same extent as if the delegating
Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary
may revoke the delegation at any time by giving written notice to the Fiduciary to whom
the power was delegated.
The Fiduciary may execute and deliver a revocable or irrevocable power of attorney
appointing any individual or corporation to transact any and all business on behalf of the
trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers,
and discretion that the Fiduciary could have exercised.
Section 6.10 Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Fiduciary under my Will is merged with or
transfers substantially all of its trust assets to another corporation or if a corporate
fiduciary changes its name, the successor shall automatically succeed to the position of
my Fiduciary as if originally named my Fiduciary. No document of acceptance of the
position of my Fiduciary shall be required.
Article Seven
Powers of My Fiduciaries
Section 7.01 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.
Page 6
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 7.02 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 has absolute discretion in
exercising these powers. Except as specifically limited by my Will, these powers extend
to all property held by my fiduciaries until the actual distribution of the property.
Section 7.03 Alternative Distribution Methods
My Fiduciary may make any payment provided for 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 fully discharges my
Fiduciary.
Article Eight
Provisions for Payment of Debts, Expenses and Taxes
Section 8.01 Payment of Debts and Expenses
I direct that all my legally enforceable debts, secured and unsecured, be paid as soon
practicable after my death.
Section 8.02 No Apportionment
Except as otherwise provided in this Article or elsewhere in my will, my Executor shall
provide for payment of all estate, inheritance and succession taxes payable by reason of
Page 7
my death ("death taxes") from my residuary estate as an administrative expense without
apportionment and will not seek contribution toward or recovery of any death tax
payments from any individual.
Section 8.03 Property Passing Outside of My Will
Except as to Qualified Retirement Benefits, death taxes imposed with respect to property
included in my gross estate for purposes of computing the tax and passing other than by
my Will are to be apportioned among the persons and entities benefited in the proportion
that the taxable value of the property or interest bears to the total taxable value of the
property and interests received by all persons benefited. The values to be used for the
apportionment are the values as finally determined under federal, state, or local law as the
case may be.
Section 8.04 Tax Elections
In exercising any permitted elections regarding taxes, my fiduciaries may make any
decisions that they deem to be appropriate in any circumstances, and my fiduciaries are
not required to make any compensatory adjustment as a consequence of any election. My
Executor may also pay taxes or interest and deal with any tax refunds, interest, or credits
as my Executor deems to be necessary or advisable in the interest of my estate.
My Executor, in his or her sole and absolute discretion, may make any adjustments to the
basis of my assets authorized by law, including but not limited to increasing the basis of
any property included in my gross estate, whether or not passing under my Will, by
allocating any amount by which the basis of my assets may be increased. My Executor is
not required to allocate basis increase exclusively, primarily or at all to assets passing
under my Will as opposed to other property included in my gross estate. My Executor
may elect, in his or her sole and absolute discretion, to allocate basis increase to one or
more assets that my Executor receives or in which my Executor has a personal interest, to
the partial or total exclusion of other assets with respect to which such allocation could be
made. My Executor may not be held liable to any person for the exercise of his or her
discretion under this Section.
Article Nine
Definitions and General Provisions
Section 9.01 Definitions
For purposes of my Will and for the purposes of any trust established under my Will, the
following definitions apply:
(a) Adopted and Afterborn Persons
A legally adopted person in any generation and his or her descendants,
including adopted descendants, will have the same rights and will be
treated in the same manner under my Will as natural children of the
adopting parent, provided the person is legally adopted before attaining
Page 8
the age of 18 years. A person will be deemed to be legally adopted if the
adoption was legal in the jurisdiction in which it occurred at the time that
it occurred.
(b) Descendants
The term "descendants" means any one or more person who follows in
direct descent (as opposed to collateral descent) from a person, such as a
person's children, grandchildren, or other descended individuals of any
generation.
(c) Fiduciary
"Fiduciary" or "Fiduciaries" refer to my Executor. My "Executor"
includes any executor, ancillary executor, administrator, or ancillary
administrator, whether local or foreign, and whether of all or part of my
estate,multiple Executors, and their successors.
(d) Legal Representative
As used in my Will, the term "legal representative" means a person's
guardian, conservator, personal representative, executor, administrator,
Trustee, or any other person or entity personally representing a person or
the person's estate.
(e) Per Stirpes
Whenever a distribution is to be made to a person's descendants per
stirpes, the distribution will be divided into as many equal shares as there
are then-living children of that person and deceased children of that person
who left then-living descendants. Each then-living child will receive one
share and the share of each deceased child will be divided. among the
deceased child's then-living descendants in the same manner.
(f) Primary Beneficiary
The primary beneficiary of a trust created under this agreement is the
oldest income beneficiary of that trust unless some other individual is
specifically designated as the primary beneficiary of that separate trust.
(g) 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 in its sole and absolute discretion unless otherwise stated
in my Will.
(h) Other Definitions
Except as otherwise provided in my Will, terms shall be as defined in
Pennsylvania Probate, Estates & Fiduciaries Code as amended after the
date of my Will and after my death.
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Section 9.02 Contest Provision
If any person directly or indirectly attempts to contest or oppose the validity of my Will,
(including any codicil to my Will), or commences, continues or prosecutes any legal
proceedings to set my Will aside, then that person will forfeit his or her share, cease to
have any right or interest in my estate, and will, for purposes of my Will, be deemed to
have predeceased me.
Section 9.03 Survivorship Presumption
If any beneficiary is living at my death, but dies within 30 days thereafter, then the
beneficiary will be deemed to have predeceased me for all purposes of my Will.
Section 9.04 General Provisions
The following general provisions and rules of construction 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 context 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
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 the Commonwealth of Pennsylvania as from time to time
amended. Questions of administration of any trust established under my
Will are to be determined by the laws of the situs of administration of that
trust.
(d) Notices
Unless otherwise_stated, whenever my Will calls for notice, the notice will
be in writing and will 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 will be effective
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 will 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 will be given to the
parent or legal representative of the minor or incapacitated individual.
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(e) Severability
The invalidity or unenforceability of any provision of my Will does 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 are to be interpreted and construed as
if any invalid provision had never been included in my Will.
I, Joan R. Fagnani, having signed this Will in the presence of Susan E. Lederer and Amy
M. Moya, who attested it at my request on this day, June 3, 2011 at Camp Hill,
Pennsylvania, declare this to be my Last Will and Testament.
s
Joan R. Fagnani, T statrix
The above and foregoing Will of Joan R. Fagnani was declared by Joan R. Fagnani in our
view and presence to be her Will and was signed and subscribed by the said Joan R.
Fagnani in our view and presence and at her request and in the view and presence of.loan
R. Fagnani and in the view and presence of each other, we, the undersigned, witnessed
and attested the due execution of the Will of Joan R. Fagnani on this day, June 3, 2011.
L.&e��esiding at Q�L-4 IS-
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Page 11
PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
I, Joan R. Fagnani, the testatrix whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will; and that I signed it willingly and as
my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by Joan R. Fagnani, the testatrix, this
day, June 3,2011.
'Zr✓i►') �
Jo R.. Fagnani, Testatrix(/
Nota y ublic
coMMo: NWEALN( rlal Seel
Jueline M,Minde(k Notary Public
er PaxOon Twp.,Dauphin CountyCommission res pct.25,2014
Member.Pennsvlvania Association of Notaries
Page 12
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
We, Susan E. Lederer and Amy M. Moya, the witnesses whose names are signed to the
attached or foregoing instrument, being duly qualified according to law, do depose and
say that we were present and saw the testatrix sign and execute the instrument as her Last
Will; that the testatrix signed willingly and executed it as her free and voluntary act for
the purposes therein expressed; that each subscribing witness in the hearing and sight of
the testatrix signed the will as a witness; and that to the best of our knowledge the
testatrix was at that time 18 or more years of age, of sound mind, and under no constraint
or undue influence.
Witness
itne
Notar P lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jacqueline M.Mindeck,Notary Public
Lower Paxton Twp.,Dauphin County
My Commission Expires OcL 25,2014
Member.Pennsvlvanla Association of Notaries
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