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HomeMy WebLinkAbout07-01-15 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 �I ^ l� ,��� Name: Mildred N. Alvarez rile No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 01/20/2015 Age at death: 89 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 426 Sioux Dr., 17050 Hampden Two. Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 503 N. 21st St., 17011 Camp Hill Cumberland 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 $ 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. . . . $ 0.00 Real estate in Pennsylvania situated at: LITIGATION PURPOSES (Attach additional sheets,ifnecesswy.) Street address,Post Office and Zip Code City,Township or Borough County ✓❑ A. Petition for Probate and Grant of Letters Testamentary o Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 12/29/209 E� andnEE 4-•il(s) thereto dated Z, O M- C7, cY State relevant circumstances(e.g.renunciation,death of executor,etc.) S n Q Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not dtaorEell.Was nor a partyt"'b a Pnding divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §33230 and Off not bUe a d'Pd�rn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. O o0 O - —rtZ3 * _, ❑✓ NO EXCEPTIONS ❑EXCEPTIONS O C — n —1 r ❑ B. Petition for Grant of Letters of Administration (If applicable) 1 fV C/) o c.t.a.,d.b.n.,db.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. [-]NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse(i f any)and heirs(attach additional sheets,if necessary): Name Relationship Address Fornt RJV 02 rev. /0/!1/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Philip Alvarez 426 Sioux Dr., Mechanicsburg, PA 17050 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 Decede t,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before yl Date • �- met is day of �d� Z-:kDate By: Date For the Reg r Date BOND Required:AYES [Z]NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . S C Attorne Signature: Short Certificate(s). . . . . . (� ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . PrLt'ed N/. ,r John R. Zon rich Comm\i^s'sion. . . . . . . . . . . . . . . . . . Su t Other\N Y t . . . . . . . . �, ID Number: 19632 k V')V' i . . . . . . . . tL-5 ll'1�1 't77��e. 1(- Z V_11` > LS Firm Name: SkarlatosZonarich, LLC . . . . . . . . Address: 17 S. 2nd St., 6th Floor . . . . . . . . Harrisburg, PA 17101 . . . . . . Phone: (717)233-1000 Automation Fee. . . . . . . . . . . . . . . Fax: (717) 233-6740 JCS Fee. 0 Email: irz@skarlatoszonarich.corn TOTAL. . . . . . . . . . . . . . . . . . . . . S DECREE OF THE REGISTER Estate of Mildred N.Alvarez File No: OH15-14S a/k/a: AND NOW, �— �� J in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Philip Alvarez in the above estate and(if applicable)that the instrument(s)dated 12/29/2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. 4A�h , b moja-y\ e i ter of Wi s Form RW-02 rev. 10/l!/2011 Page 2 of 2 H105.805 REV(9/11) H.-UA EstatesWvrrezlMildredAlvarez Will.doc RECORDED OFFICE OF REGISTER OF WILLS ?OJS JUL 1 PF) 1 27 I, MDR,,W N. ALVAREZ, of Cumberland County, Pennsylvania, declare this to be my V6iKRT AbceCalor Wills and Codicils. RUt'4D C , PA FIRST: Tangible Personal Property. I give all tangible personal property owned by me at my death and all insurance policies on such property as follows: (a) To those individuals who survive me by thirty days who are designated on a list or memorandum signed by me which refers to this Will or is found with a copy thereof, the items listed beside their names; provided that no such list or memorandum shall be valid unless it is received by my Executor within sixty days of my Executor's qualification. (b) The balance (including any item under subparagraph(a), the . bequest of which has lapsed)to my husband, PHILIP ALVAREZ, if he survives me by thirty days; and if not, to my son, JOHN DAVID ALVAREZ, if he survives me by thirty days; and if not, I direct my Executor to sell the balance and add the net proceeds to the residue of my estate. (c) With respect to any item passing under this Paragraph to a minor, my Executor(i)may hold and deliver it to the minor at majority or earlier, or deliver it to any person to hold for the minor; or(ii)may sell it and pay the proceeds to the minor or to any person to hold for the minor. The receipt of any person who receives an item or payment hereunder shall be a complete discharge to my Executor. (d) My Executor shall pay, as an expense of settling my estate, all costs of delivering such tangible personal property, including the costs of storage, packaging, delivery and insurance. SECOND: Timeshare Interests. I give any Timeshare Interests I own at the time of my death to my husband, PHILIP ALVAREZ, if he survives me by thirty days, and if not, I give such Timeshare Interests to my son, JOHN DAVID ALVAREZ, if he survives me by thirty days, As used herein,the term McCausland Keen&Buckman H.VA EstatesUlvarezWildred Alvarez Will doc "Timeshare Interests" shall refer to any right, title or interest in and to any one or more timeshares of whatever kind, including but not limited to any interest in World International Vacation Club and Wyndham Resorts, THIRD: Residue. (a) I give the residue of my estate to my husband, PHILIP ALVAREZ, if he survives me by thirty days. (a) If my said husband fails to survive me by thirty days, I give the residue of my estate as follows: 1. If my son, PHILIP GEORGE ALVAREZ, survives me by thirty days, to the extent not funded under the terms of my said husband's Will (it being my intention that this share be the total amount passing under both my and my said husband's Wills), twenty percent(20%)but in no event less than a total of Two Hundred and Twenty Five Thousand Dollars ($225,000), to my Trustee, in Trust, to retain or distribute under the terms of Paragraph FOURTH. 2. The balance to my son, JOHN DAVID ALVAREZ, if he survives me by thirty days; provided that if my said son fails to survive me by thirty days but is represented by descendants who so survive me, this share shall be distributed, subject to Paragraph FIFTH,to his descendants who so survive me,per stirpes. If neither my said son nor any of his descendants survive me by thirty days, I direct my Executor to add this share to the trust under Paragraph FOURTH. FOURTH: Special Needs Trust. As to the principal passing hereunder, I direct my Trustee: (a) For a trust term to last until the death of my son, PHILIP GEORGE ALVAREZ, McCausland Keen&Buckman Page 2 HVA EStatesW 1varez Mildred Alvarez Will doc 1. To apply for the benefit of my said son so much of the net income and principal as my Trustee, in Trustee's sole discretion, deems advisable for the satisfaction of his special needs, provided that no income or principal may be paid directly to my said son. The distribution of income or principal on any distribution date shall not establish a pattern for any other distribution date. All net income not so applied shall be accumulated and added to principal. As used herein, "special needs" shall mean those requisite items, products or services that can be provided to my said son to assist in the management, care or treatment of his disability and increase his quality of life when, in the absolute discretion of my Trustee, such requisites are not being provided by any public agency, office, or department of any state, or of the United States. "Special needs" shall include, but not be limited to, medical expenses, dental expenses, nursing and custodial care, psychiatric/psychological services, recreational therapy, vocational therapy, durable medical needs, special rehabilitative services or equipment,programs of training, education, transportation and travel/vacation expenses (including transportation and travel/vacation costs for my said son or other family members to facilitate contact between my said son and other family members), recreation, dietary needs and supplements, professional expenses and insurance costs, but shall not include food, shelter or any other benefits provided by any public agency, office, or department of any state, or of the United States. 2. For purposes of determining my said son's Medicaid eligibility, no part of the income or principal of this trust shall be considered available to my said son. It is my desire that, where appropriate and to the extent possible, Trustee endeavor to ' maximize the collection of benefits for my said son from all available public resources, including (but not limited to) Supplemental Security Income program, Old Age Survivor and Disability Insurance, the Medicare program and the Medical Assistance program or similar or successor programs and to facilitate the distribution of such benefits for the benefit of my said son. My said son shall have no power to assign, encumber, direct, distribute, or authorize distributions from this trust. 3. No portion of this trust shall be construed as part of my said son's estate or be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care, by any public entity, office, department or agency of McCausland Keen&Buckman Page 3 H.-UA EstatesW lvgrezkMildred Alvarez Will.doc any state, or of the United States. Trustee shall make no distribution hereunder that would result in my said son being ruled ineligible for benefits, whether income, medical, disability, or otherwise, from any agency, whether State, Federal, or otherwise, including but not limited to Social Security, Medicaid, Medicare, Supplemental Security Income/State Supplemental Programs (SSI/SSP), or any other federal, state, or county agency or that would result in my said son receiving a reduction in the amount of benefits payable from or on behalf of any such agencies. No distribution shall be made hereafter which shall exceed the income and property limits allowable under the rules and regulations, as amended from time to time, of any such agency. 4. If Trustee is requested to release principal or income to or on behalf of my said son to pay for equipment, medication or services which Medicaid is authorized to provide (were it not for the existence of this trust), or in the event Trustee is requested to petition the court or any other administrative agency for the release of income or principal for this purpose, Trustee is authorized to deny such request and to take whatever administrative or judicial steps may be necessary to continue my said son's Medicaid eligibility, including obtaining instructions from the court that trust principal and income is not available to my said son for Medicaid eligibility purposes. Any expenses incurred by Trustee, including reasonable attorney's fees, shall be charged against the trust. Any reference herein to Medicaid shall include any state's Medicaid program equivalent. (b) Upon the expiration of the trust term under subparagraph (a) above, or if at any time my said son is rendered ineligible for any government benefits or assistance programs because of his interest in this trust, or the income or principal of this trust becomes subject to a claim by any governmental entity for reimbursement of any benefit or assistance provided my said son,this trust shall terminate and the remaining principal and any undistributed income shall be distributed to my son, JOHN DAVID ALVAREZ, if he is then living, and if not, to his then living descendants, per stirpes. Any additional share of a descendant of mine for whom a trust is then in existence under Paragraph FIFTH shall be added to such trust, to be held and distributed under the terms thereof as applied to circumstances then existing. McCausland Keen&Buckman Page 4 H.-UA EstatesUlvarezUldred Alvarez Will doc FIFTH: Descendants' Trusts. In the event any share passing hereunder is otherwise distributable to a descendant of my son, JOHN DAVID ALVAREZ, who has not then attained age thirty (30), I direct my Trustee to retain such share in a further separate trust for such descendant, and (a) To pay the net income therefrom as follows: 1. Prior to such descendant attaining age twenty-two (22), to pay to or to apply for the benefit of such descendant so much of the net income as my Trustee, in Trustee's sole discretion, deems advisable, and to accumulate and add to principal all net income not so paid or applied. 2. Upon such descendant attaining age twenty-two (22), and thereafter, to pay the net income to such descendant at least quarterly. (b) To pay to or to apply for the benefit of such descendant so much of the principal as my Trustee, in Trustee's sole discretion, deems advisable for his or her maintenance, education, health and support after giving such consideration to funds available to him or her from other sources as Trustee deems appropriate. (c) To pay the principal thereof to such descendant upon his or her written request, as follows: 1. At any time after attaining age twenty-five (25), up to one- half of the fair market value. 2. At any time after attaining age thirty (30), the remaining principal. 3. Fair market value as referred to in Section 1. hereof shall be determined, and a descendant shall be entitled to withdraw principal, at the foregoing respective ages or upon such time as the principal passes hereunder, whichever last occurs. McCausland Keen&Buckman Page 5 H.-UA EstatesWlvarezlMildrad Alvarez Will doc (d) Upon the death of such descendant before the entire principal of his or her trust is distributed to him or her, to pay the remaining principal, subject to this Paragraph, to the then living descendants of such descendant, per stirpes, and in default of such descendants, to the then living descendants, per stirpes, of the most immediate ancestor of such descendant who is a descendant of my son, JOHN DAVID ALVAREZ, and who has descendants then living and in default of such descendants, to my said son's then living descendants, per stirpes. Any additional share for a descendant of my said son for whom a trust is then in existence under this Paragraph shall be added to such trust, to be held or distributed under the terms thereof as applied to circumstances then existing. (e) Except as provided in Paragraph TENTH (1), all trust income accrued or undistributed at the death of an income beneficiary shall be paid to the succeeding income or principal beneficiaries. SIXTH: Ultimate Contingent Remainder. If at any time there is no one living to whom income or principal may or must be distributed under the foregoing provisions, to pay the then remaining principal as follows: (a) One-half(1/2) (or all if there is no one then living entitled to take under subparagraph (b) below) in equal shares to such of my nieces and nephews as are then living; provided that if a said niece or nephew of mine is not then living but is represented by descendants then living,to distribute the share such niece or nephew would have received had he or she been then living,to his or her then living descendants, per stirpes. (b) One-half(t/2) (or all if there is no one then living entitled to take under subparagraph (a) above) in equal shares to such of my said husband's brothers, VICTOR ALVAREZ PACHECO, RENE ALVAREZ PACHECO, VALENTIN ALVAREZ PACHECO and ERACLIDES ALVAREZ PACHECO, as are then living; provided that if a said brother of my said husband is not then living but is represented by descendants then living, to distribute the share such brother would have received had he been then living, to his then living descendants, per stirpes. McCausland Keen&Buckman Page 6 H.-VA EstatesWvarezlMildred Alvarez Will.doc SEVENTH: Disclaimer. If any person otherwise entitled to take hereunder(or such person's legal representative) files a written disclaimer, in whole or in part, with respect to any provision of this Will with my Trustee within the period allowed by section 2518 of the Internal Revenue Code, such person(i) shall be treated as having predeceased me for purposes of holding or distributing the disclaimed share, and (ii) shall not participate in any decision to pay or apply the income or principal of the disclaimed share to or for the benefit of any person hereunder, but such person shall not be treated as having predeceased me for purposes of holding, distributing or participating in any such decision under any provision to which the disclaimer does not extend. EIGHTH: Spendthrift Provision. Until distributed, no gift or beneficial interest shall be subject to anticipation or to voluntary or involuntary alienation. NINTH: Death Taxes. (a) All death taxes (and interest and penalties thereon) imposed as a result of my death upon any property passing under my Will and upon any amounts in any qualified or nonqualified retirement plan or individual retirement account, but not otherwise, shall be paid out of the principal of my residuary estate, each share thereof, whether outright or in trust, to bear a pro rata portion of such taxes. (b) I authorize my Executor to elect, in whole or in part, in Executor's sole discretion, to treat as qualified terminable interest property for the purposes of qualifying for the marital deduction any property passing under my Will or otherwise in which my said husband has a qualifying income interest for life. My Executor shall be without liability to anyone for making or failing to make such election. (c) I authorize my Executor to make, in whole or in part, in Executor's sole discretion, any election or allocation with respect to the Generation-Skipping Transfer'Tax under Chapter 13 of the Internal Revenue Code. My Executor shall be without liability to anyone for making or failing to make such election or allocation or the manner in which such allocation is made. TENTH: Administrative Powers. My Executor and Trustee shall have the following powers in addition to those conferred by law until all property is distributed: McCausland Keen&Buckman Page 7 H.VA Estates IverezlMildred Alvarez Will doc (a) To retain any real or personal property (including any interest in a closely-held business or stock of any corporate Trustee or of a company controlling it) in the form in which it is received and without regard for the principle of diversification. (b) To sell at public or private sale for cash and/or credit,to exchange, and to lease for any period of time, any real or personal property and to give options for such sales, exchanges, or leases. (c) To purchase all forms of property, including but not limited to publicly and non-publicly traded stocks, bonds, notes and other securities (including any interest in a closely-held business or stock of any corporate Trustee or of a company controlling it, and shares of any proprietary mutual fund operated by or to which services are provided by any corporate Trustee or an affiliate thereof), common trust funds, life insurance policies and real estate, or any variety of real or personal property, without being confined to so-called legal investments and without regard for the principle of diversification. (d) To purchase securities at a premium or discount and to charge such premium or credit such discount to principal or income. (e) To exercise any option arising from the ownership of any investment; to join in any recapitalization, merger, reorganization, liquidation, dissolution, consolidation or voting trust plan affecting any investment; to delegate powers with respect thereto; to deposit securities under agreements and pay assessments; to subscribe for stock and bond privileges; and generally to exercise all rights of security holders. (f) To hold property unregistered or in the name of a nominee. (g) To mortgage, divide, alter, repair and improve real property and generally to exercise all rights of real estate ownership. (h) To distribute in cash, in kind, or partly in each, and to cause any share to be composed of cash, property, or undivided fractional shares in property different in kind from any other share. (i) To compromise claims by or against my estate or any trust hereunder, including but not limited to tax issues and disputes, without order of court or consent of any party in interest and without regard for the effect of such compromise on any interest hereunder. (j) To borrow money and to pledge any real or personal property as security for the repayment thereof. (k) To buy real and personal property from the fiduciary of any estate or trust, and to lend money to such estate or trust upon such terms and conditions as my Executor or Trustee deems advisable, even if such fiduciary is also an Executor or Trustee hereunder. McCausland Keen&Buckman Page 8 H.-VA EstatesUlvarnMildred Alvarez Will doc (1) To apply income for the benefit of any incapacitated individual to whom income may or must be distributed for any reason during the period of incapacity. Income not so applied may be distributed to a Custodian as elsewhere provided or accumulated, invested, and if not sooner applied, paid to such individual upon gaining capacity or to his or her personal representative if he or she dies before gaining capacity. (m) With respect to a principal share vesting in a beneficiary who, in the opinion of my Executor or Trustee, is incapacitated by reason of age or illness (mental or physical) when such share vests in him or her: to hold the share during his or her incapacity and to invest the share and all accumulations thereon; to apply so much of the income and principal as my Trustee deems advisable for such beneficiary's benefit for any reason without considering other funds available to him or her; and to deliver the balance of principal and income to the beneficiary at such time as he or she gains capacity. In addition, at any time to pay the entire share to a Custodian, agent under a power of attorney or to the guardian of the person or the estate of the incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian, Custodian, agent or such other person as may be selected by my Trustee to receive a distribution under this subparagraph shall be a full and complete discharge to my Trustee. (n) To join with my spouse or my spouse's personal representative in filing any joint income tax return, and to join in any gifts made by my spouse for gift tax purposes even if this may result in additional liabilities for my estate. Any income or gift taxes due on such returns and any deficiencies, interest, penalties or refunds thereon shall be allocated between my estate and my spouse or my spouse's estate, or all to any of them, in such manner as my Executor and my spouse or my spouse's personal representative may agree. (o) To apply expenses of my estate permitted as income tax or estate tax deductions and to value my estate for estate tax purposes by any method permitted, without regard to the effect of such application or valuation upon the size of the marital deduction, and without adjusting between income and principal for any effect thereon. (p) Except as provided in Paragraph FOURTH, whenever Trustee determines that the size of any trust does not warrant the cost of continuing it, or that its administration would be impractical for any other reason, to pay the principal without further responsibility to the persons who may or must receive the income therefrom in proportion to their respective interests in the income, subject to the provisions of subparagraph (m) or the provisions hereunder appointing a Custodian; provided that no Trustee shall participate in any decision to terminate any trust(i) from which current income may or must be paid to such Trustee or to a person he or she has a legal obligation to support or(ii) from which principal would be payable to such Trustee or to a person he or she has a legal obligation to support if such trust should then terminate under the provisions of this subparagraph. (q) To merge any trust hereunder with any other trust held by my Trustee whether created by me or by any other person by Will or Deed, if the trusts are for the primary benefit of the same persons and contain substantially similar terms. McCausland Keen&Buckman Page 9 H.-UA EstateslAlvrrezlMildrrd Alvarez Will.doc (r) To employ accountants, agents, attorneys, investment counsel, brokers,banks or trust companies to perform services for and at the expense of my estate or any trust or trusts hereunder for which such services are performed and to carry or register investments in the name of the nominee of such agent, broker, bank or trust company, and to delegate to any investment managers the management of the investments hereunder through a discretionary account or otherwise. The expenses and charges for such services shall be charged against principal or income or partly against each as my Executor or Trustee may determine. My Executor or Trustee is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, attorneys, investment counsel, brokers, banks or trust companies, so long as my Executor or Trustee exercises due care in their selection. The fact that an Executor or Trustee may be a member, shareholder or employee of any accounting, investment, legal or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect in any manner the amount of or the right of my Executor or Trustee to receive commissions as a fiduciary. (s) To pool the assets of all separate trusts hereunder for investment purposes, allocating to each such trust an undivided proportionate interest in the pooled assets. (t) To divide on a fractional share basis any trust hereunder, in Trustee's sole discretion, into two or more separate trusts in any case where the division, whether for tax, distributive, investment or other considerations is believed by my Trustee to be in the best interests of the beneficiaries thereof. My Trustee shall notify all sui juris beneficiaries of such division. (u) To disclaim any interest in property without court approval. ELEVENTH: Administrative Provision s. (a) A beneficiary's incapacity shall be determined solely by the Trustee. The incapacity of a beneficiary who is also a Trustee shall be determined solely by the other Trustee. (b) No Trustee hereunder shall participate in any decision to pay income or principal to or for the benefit of any individual whom he or she is legally obligated to support. Notwithstanding anything herein to the contrary, if a current beneficiary of a trust, hereunder is also a Trustee of such trust, any power which relates to such trust(i)to make discretionary distributions to or for the benefit of that beneficiary(including distributions to the beneficiary's spouse and distributions in discharge of any legal obligation of the beneficiary), (ii) to terminate such trust, (iii)to allocate receipts or expenses between income and principal or(iv) to withhold distributions from such trust on account of minority or disability, shall be exercisable solely by the Trustee or Trustees other than the beneficiary. If no other Trustee is then serving, such powers shall not be exercisable. The preceding sentences shall not apply to a power to make distributions pursuant to a standard limiting such distributions to a beneficiary's needs for McCausland Keen&Buckman Page 10 H.VA EsiatesW;vcrezWdjrcd Alvarez Will doc education, medical care, support and maintenance (unless the distribution would constitute the discharge of a legal obligation of the Trustee). (c) The receipt of any recipient of an item to hold for, or any payee of a payment for the benefit of, an incapacitated beneficiary shall be a complete discharge to my Executor and Trustee. TWELFTH: Definitions. (a) The words "Executor,""Trustee," and"Custodian"when used in this Will shall include all genders and the singular and plural as the context may require. (b) The words "descendant" and"descendants" when used in the Will shall include adopted persons and their descendants. (c) The words "incapacitated" and"incapacity" when used in this Will shall refer to an inability to handle one's property and affairs by reason of age or illness (mental or physical). (d) When a"per stirpes" distribution of income or principal to a designated individual's descendants is provided for under this Will, such income or principal shall be divided into as many equal shares as there are then living children of such individual and then deceased children represented by descendants then living, and each then living child shall receive one share, and the share of each deceased child shall be divided among his or her descendants in the same manner, repeating this pattern with respect to succeeding generations until all shares are determined. (e) The word "education"when used in this Will shall include tuition for private elementary and secondary schools, college,professional, graduate or vocational school, and living expenses, supplies and travel related thereto. (f) Paragraph headings in this Will are for reference only and shall not affect the meaning, construction or effect of this Will. (g) All references in this Will to the Internal Revenue Code shall mean the Internal Revenue Code of 1986, as amended or reenacted, all regulations thereunder and all corresponding provisions of any subsequent federal tax laws and all regulations thereunder. (h) For purposes of this Will, the term"death taxes" shall mean federal estate tax and any inheritance or estate tax imposed at death by any state of the United States, but shall not include the generation skipping transfer tax imposed under section 2601 of the Internal Revenue Code. McCausland Keen&Buckman Page 11 N.•VA EstatesW lvorezUldred Alvarez Will doc THIRTEENTH: Custodian. (a) I appoint such individual or corporation(including a fiduciary serving hereunder) as is designated in writing by my Executor or Trustee as Custodian for(i) any beneficiary who has not attained age twenty-one (21) at the time an interest is distributable outright to him or her under this Will, and (ii) except to the extent a valid appointment of a Custodian has otherwise been made, any person who has not attained age twenty-one (21) at the time an interest is distributable outright to him or her as the result of my death from any other source. Such appointment shall be deemed to be made under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act then in effect in: 1. The jurisdiction in which I am domiciled at death, or 2. The jurisdiction in which the beneficiary is domiciled, or 3. The jurisdiction of an existing Uniform Act custodianship for the minor. The selection among the foregoing shall be made by my Executor or Trustee, in my Executor's or Trustee's sole discretion. (b) If the applicable Uniform Act in the governing jurisdiction permits the postponement of distribution to an age beyond age twenty-one (2 1) if so directed in the governing instrument, I hereby direct that distribution shall be postponed until the maximum age permissible under the Uniform Act, but in no event later than the time at which the minor attains age twenty-five (25). (c) If I am Custodian under the Uniform Transfers (or Gifts)to Minors Act for any Custodianship property, and no successor has been otherwise appointed, I hereby appoint my Executor(or if my Executor declines to serve, such individual or corporation as may be designated in writing by my Executor)to serve as Custodian under the Uniform Transfers (or Gifts)to Minors Act for any Custodianship property of which I am the Custodian. Upon written acceptance of the successor Custodianship, my Executor(or such designee) shall be authorized to take custody of any such property. FOURTEENTH: Power of Appointment. I decline to exercise any power of appointment given to me under any Will, Codicil or Agreement of Trust. FIFTEENTH: Executor and Trustee. (a) I appoint my husband, PHILIP ALVAREZ, Executor. If my said husband fails to qualify or ceases to act for any reason, I appoint my son, JOHN DAVID McCausland Keen&Buckman Page 12 HVA Estates1A6rezlM 1drvd Alvarez Will.doc ALVAREZ, Executor in his place. If my said son fails to qualify or ceases to act for any reason, I appoint, in the order named, my daughter-in-law, RACHAEL MARY EASTON, and CHRISTOPHER CHWASTYK Executor in his place. (b) I appoint my son, JOHN DAVID ALVAREZ, Trustee of the trust under Paragraph FOURTH. If my said son fails to qualify or ceases to act for any reason, I appoint, in the order named, my daughter-in-law, RACHAEL MARY EASTON, and CHRISTOPHER CHWASTYK Trustee in his place. (c) I appoint my daughter-in-law, RACHAEL MARY EASTON, Trustee of any trust created under Paragraph FIFTH. If my said daughter-in-law fails to qualify or ceases to act for any reason, I appoint CHRISTOPHER CHWASTYK Trustee in her place. (d) My individual Executor then serving and the individual Trustees of any trust hereunder then serving may unanimously appoint in writing an individual and/or a corporation described in subparagraph(f) below to serve with them, and, subject to the foregoing subparagraphs, to succeed any one of them as Executor or Trustee. (e) Upon the unanimous written request of the individual Trustees of any trust hereunder then serving delivered to the corporate Trustee then serving, the corporate Trustee of such trust shall promptly resign; provided that if the individual Trustees appoint a corporate successor Trustee, such successor Trustee must be as described in subparagraph(f) below. (f) Any corporate Trustee serving hereunder shall be a corporation that: (i) is organized under the laws of the United States or any State thereof, (ii) is possessed of trust powers, (iii)has trust assets of at least One Hundred Million Dollars ($100,000,000), and (iv) is not, as to any individual Trustee, a related or subordinate party within the meaning of section 672(c) of the Internal Revenue Code. (g) A majority of the fiduciaries serving from time to time shall have the power to make any decision, undertake any action or execute any documents affecting my McCausland Keen&Buckman Page 13 H.-U,4 EstatesW ivarezWildrad Alvarez Will doc estate and the trusts created herein,provided that, except to the extent disabled from acting by other provisions of this Will or by statute, all fiduciaries shall be consulted and participate in such decisions and actions. If at any time there is a difference of opinion among the fiduciaries on any matter relating to the administration of my estate or a trust, including the investment of the principal, the decision of the majority shall control and any fiduciary dissenting from the majority in a writing filed with the estate's or trust's permanent records shall be exonerated from all liability with respect to that particular decision and held harmless from said liability by the non-dissenting fiduciaries. If only two fiduciaries are serving, they must act unanimously to form a majority. For the purposes of this paragraph, a fiduciary who is disabled from acting by the provisions of this Will or by statute shall be disregarded in determining whether a majority exists. (h) If any Trustee is located in a State other than the Commonwealth of Pennsylvania, my Trustees acting unanimously may, but are not required to, direct in writing that the situs of the Trust be transferred to the State in which such Trustee is located. Trustees shall notify all sui juris beneficiaries of such transfer. Trustees may, but need not, seek court approval for such transfer. In the event of a transfer of situs, all questions subsequently arising pertaining to the construction and administration of the Trust shall be determined in accordance with the laws of the State to which situs and jurisdiction have been transferred. (i) Any power of appointment and removal under this Paragraph shall not be extinguished by a single exercise. 0) Any Trustee while serving hereunder may resign without court approval by written notice delivered to the co-Trustee and all sui juris income beneficiaries. If a Trustee ceases to serve, whether by death or resignation, such Trustee shall be relieved of all liability through the delivery of an account(formal or informal)to the sui juris income beneficiaries and by the signature of a release based on said account by such persons. McCausland Keen&Buckman Page 14 H.-UA EslalesLhvarezWildred Alvarez Will doc (k) No Trustee taking office shall be liable in any way for the acts or omissions of any Trustee prior to such Trustee's assumption of office and shall have no duty to review the performance of a Trustee prior to that time. (1) Any corporate fiduciary serving hereunder shall receive compensation for its services hereunder in accordance with a fee agreement entered into between it and me during my lifetime, or if there is no such agreement, between it and the individual fiduciaries serving with it,which in no event shall exceed its Schedule of Fees in effect from time to time during the period in which its services are performed. In the absence of such an agreement, the corporate fiduciary shall receive compensation in accordance with such Schedule of Fees. (m) Any individual fiduciary serving hereunder shall be entitled to receive compensation for his or her services as is reasonable and customary for an estate or trust of similar size and nature in the same geographic area. Regardless of whether an individual fiduciary accepts or waives compensation, in whole or in part, he or she shall be reimbursed for all reasonable expenses incurred in serving hereunder. (n) My Executor and Trustee shall not be required to post security in any jurisdiction. Executed Odcf✓ do ' , 2009. ?k /-/,t/�, (SEAL) Mi dred N. Alvarez SIGNED by MILDRED N. ALVAREZ, as her Will, in our presence, who at her request, in her presence and in the presence of each other have signed as witnesses: Address NG.vJ Address Fo G E L i u S 1 ( £ McCausland Keen&Buckman Page 15 K•VA EslalesWvarezl Mildred Alvarez Will doc " ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF O Ec.AvW AAE ; I, MILDRED N. ALVAREZ, 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. Mildred N. Alvarez Sworn to or affirmed and acknowledged before me, by MILDRED N. ALVAREZ, the testatrix, this acj* day of Dece-,,A, 2009. fi c.- '�eNVUEALTH OF PENNSYLVANIA NOTARIAL SEAL AHETH C.THOMAS,Notary Public .>>or Twp.,Delaware County "r;Expires November 12,2013 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DELNWARe We, the undersigned,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 un de o constraint or undue influence. Swo affirm to and subscribed to before me, by ---T-o and Cf� �f Ihe. M Ve-L,oy t , witnesses, this 2gT- day of 2009. COMMONWEALTH OF PENNSYLVANIA - NOTARIAL SEAL ELIZABETH C.THOMAS,Notary Public Radnor Twp.,Delaware County My Commission Expires November 12,2013 McCausland Keen&Buckman H•UA Estates L41varez Wi7dred Alvarez Will.doc ATTORNEY CERTIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the day of , 2009, before me, a Notary Public, personally appeared , known to me or satisfactorily proven to be a member of the bar of the highest court of Pennsylvania and certified that he/she was personally present when the foregoing acknowledgment and affidavit were signed by the testatrix and witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public McCausland Keen&Buckman d 17 South Second Street,6"'.Floor SkarlatosZonarichLLC Harrisburg,PA 17101-2039 Sound Advice.Smarter Decisiom. 717.233.1000 Voice 717.233.6740 Fax www.skariatoszonarich.com v June 30, 2015 C= C Via FedEx Tracking No. 7739 5123 0487 � _ r-- � a Office of Register of Willsr-► M p Cumberland County Courthouse 71Z o 0 1 Courthouse Square o Suite 102 Carlisle, PA 17013 ry cin Co RE: Estate of Mildred N. Alvarez To Whom It May Concern: This office represents the Estate of Mildred N. Alvarez, who passed away on January 20, 2015. The Executor of the Estate, Philip Alvarez, took the oath of personal representative before the Register of Wills of Dauphin County on this date. In order to complete the probate for this estate, I have enclosed the following: (1) Death Certificate of Mildred N. Alvarez. (2) Original Last Will and Testament of Mildred N. Alvarez dated December 29, 2009. (3) Estate Information Sheet. (4) Petition for Grant of Letters Testamentary and one copy to time-stamp. (5) Check in the amount of$115.50, including all fees and two (2) short certificates. (6) A self-addressed, postage prepaid envelope for return of the probate documents. We would appreciate a timely probate and submission of the Grant of Letters, Short Certificates, time- stamped copy of the probate petition and a receipt showing probate fees paid to our office in the envelope provided herein. Thank you. Sincerely, Erica J. Smithson -- Estate Administrator erica@skarlatoszonarich.coin (so0e9410.1} A Member of LawPactTM-An International Association of Independent Business Law Firms a 1. Fed Sh'P Manager-printYoUr Label(s) — _ Ship Date:30JUN15 A T ActW9Z�92g8pNET3610 [ 1 6130120 5 (}ricj'n ID'MD i' C' 'ss Y 233-1000 Very Address Bar C """" ♦' Jahn nchtl '1t"" 17 S 2NDS w 1501 © 1 URS,PA 17101 �i5+2+022 Ref# At AM R1Sfi SENDER OHO NAR BILL Invoice# o{ 71-)240'6345 Register Dept# sHIP�° t GountY Cumberland S e Courthouse q uarST ANp A, �4J i142 ti Suite pA17013 0'7 � t7p13 CARLISLE, IRK# 7138 5123 PA•uS 0201 MDI ,, GOTI 53P J3 t+Ar51EEA8__- -