HomeMy WebLinkAbout09-19-05
11
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of
CLARA D. PAUL
No. ~J---LY.s~31
also known as
, Deceased
Social Security No.
188-24-6745
BERNADETTE PAUL
Petitioner, who is 18 years of age or older, applies for:
(COMPLETE "An OR "B" BELOW:)
I]J
A. Probate and Grant of Letters and avers that Petitioner is the executrix named in the Last Will of the
Decedent, dated November 5. 1998 and codicil dated AUQust 1. 2001
~n .")\ E.... pc:u..J\ I r"\cuY\"d. CIs. on~naJ E~CQ'ror. LoOClb dlt...c1en~d :ruN2. ~~. \C\qq
State relevant circumstances, e.g., renunciation, death of executor. etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate;
was not the victim of a killing and was never adjudicated incompetent:
NO EXCEPTIONS
D
B. Grant of Letters of Administration
(d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate)
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:
Name
Relationship
Residence
j
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
721 Hilltop Drive. BorouQh of New Cumberland, PA
(list street, number and municipality)
,
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County, Pennsylvania, with her last family or princi{~j residen~iat
Decedent, then 75 years of age, died September 1. 2005, at Select Specialty Hospital. East Pennsboro Township
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property ........................................................................................... $~' 0,000.00
(If not domiciled in PAl Personal property in Pennsylvania...................................................................... $ Nt _
(If not domiciled in PAl Personal property in County................................................................................ $ Nt
Value of real estate in Pennsylvania ............................................................................................................................$ 2~~:000.00
Total....... .............. ............................... ............................................... ................. $ 1.2___ 000.00
Real Estate situated as follows: 721 Hilltop Drive. Borouah of New Cumberland, PA 17070
Wherefore, Petitioner respectfully requests the probate of the last Will and Codicil presented with this Petition and the grant of letters in thej appropriate form
to the undersigned:
Typed or printed name and residence
Bernadette Paul, 612 Linwood Street, New Cumberland, PA 17070
Fonn RW-1 Page 1 of 2 (Dauphin County) - Re\I. 9192
578508, I
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner(s) above-named swear(s) and affirm(s) that 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,
Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed 1 ~
before me this \ l>>.... h day of
Sl.l~~ 2005-
1L>.~,^ C ~~/J4-C-
Estate of
~ I-OS-o~3 t
~1).~
Deceased
No.
Social Security No: r~~-J.4 -tJn4.5 Date of Death:
~.
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AND NOW, , 20n, in consideration of the Petition on the
reverse side hereon, sati actory proof having been presented before me,
IT IS DECREED that LettersRl Testamentary 0 of Administration
are hereby granted to
d.b.n.c.t.; pendente lite; durante absentia; durante minoritate
in the above estate and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
YO.OD
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Short Certificate(s).......... $
Renunciation.................. $
Affidavit ( )................. $
Extra Pages ()u;>.\\.. $
Codicil.......................... $
JCP Fee........................ $
Inventory........... ............ $
Other.~'~~ ~ $
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Attorney: Joanne E. Book
I.D. No: 82028
Address: Rhoads & Sinon LLP, PO Box 1146
1 South Market Square, Harrisburq, PA 17108-1146
Telephone: 717-233-5731
TOTAL............... .
$ 5Y5 00
Fonn RW.1 Page 2 of 2 (Dauphin County) - Rev. 9192
Register of Wills of Dauphin County, Pennsylvania
OATH OF NON-SUBSCRIBING WITNESS
CQ.n. fLp." .~ P~-Q, No. ~ l-OS'-()K '3 \
Estate of
also known as
, Deceased
<:tt N<'. \YU"'- J.. e. 13 ~
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say{s) that she/helthey
presented herewith, and that such subscriber(sl believes the signature on the
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was/were familiar with the signature of ~;... ~ ~ ~
to the best of such subscriber's knowledge and belief.
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(Address)
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(Signaturel
(Address)
Sworn to'. or affirmed and subscribed
before me this \ ~,.. V\ day of
~~"- ,20 OJ .
J~C~~/AL
For the Register
RW-12
:'78515.\
11
Register of Wills of Cumberland County, Pennsylvania
OATH OF SUBSCRIBING WITNESS
Estate of
Clara D. Paul
No. d I--()~ - OfS- 3 i
also known as
, Deceased
Yvonne R. Durham
a subscribing witness to the l&I will and codicil presented herewith, being duly qualified according to law, deposes and
says that she was present and saw the above Testatrix sign the same and that she signed as a witness at the request of
Testatrix in her presence and l&I in the presence of the other subscribing witnesses.
/?
Swam to or affirmed and subscribed
before me this I _5 -t:. k.-
day of
COMMONWEALTH OF PENNSYLVANIA
. Notarial Seal
c-Cmdy L. ~itzel, Notary Public
Ity ofH~sbutg, Daupliin County
My CommIssIon Expires Dec. 2, 2006
Member, Pennsylvania ~ssociation of Notaries
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
NOTE: To be taken by officer authorized to
administer oaths. Please have present
the original or copy of lnstrument(s) at
time of notarization.
Form RW-12 (Dauphin County - Rev. 9192)
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Thi, is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
loctl I{cgistrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
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No.
SEP 0 3,1005
Date " 1;
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CERTIFICATE OF DEATH
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
STATE FILE NUMBE.R
I Rev. 2/87
DATE OF DEATH (Month, Day, Year)
4.Septlember 1, 2005
75
Paul
DATE OF BIRTH BIRTHPLACE (City and
(Month, Day, Year) State or Foreign Country)
7. Vandergrift, P
SEX SOCIAL SECURITY NUMBER
2.Female 3.188 - 24 - 6745
PLACE OF D ATH Che k on n. see instru tions on
HOSPITAL:
Inpatient I!J
a.
MOTHER'S NAME (First, Middle, Maiden Surname)
19. Catherine Ann Urban
INFORMANTS MAILING ADDRESS (Street. CitylTown, State. Zip Code)
20.612 Linwood Street, New Cumberland, PA P070
PLACE OF DISPOSITION, Name 01 Cemetery. Crematory LOCATION, CitylTown. Stai-. Jip Code
or Other Pleee West Hanover' ~ownship
tember 6 2005 21e. Resurrection Cemeter 21cHarrisbur PA 17112
LICENSE NUMBER NAMEANDADDRESSOFFACILlTpartbe.more FH & C , Iue
22b. FD 012 848 L 22e.P.O. Box 431, New Cumberland, P 17u/0-0431
To the best of my knowfedge, death occurred at the time, date and place stated. LICENSE NUMBER DATE GNED
(Signature and Title) (Month, b~y, Year)
238.
TIME OF DEATH
24. tj. '. J r'
Yrs.
5.
COUNTY OF DEATH
FACILITY NAME (If nol institution, give street and number)
8b. Cumberland 8e.
DECEDENTS USUAL OCCUPATION
(~~V::;Qi~~I:~~O d~~te~~~~~ir~)l
11aSpeech Language Path.1J;:.ducation
DECEDENT'S MAILING ADDRESS (Street. CitylTown, State. Zip Code) DECEDENTS
721 Hilltop Drive ~g~t~NCE
16New Cumbe r land, PAl 707 0 ~~e;t~~~t~y:)ns
FATHER'S NAME (First, Middle. Last)
18. Matthew Dubrawka
INFORMANTS NAME (Type/Prinl)
20.. Bernadette Paul
METHOD OF DISPOSITION
Burial txJ Cremation ~emo\lal from State 0
Other {Specifyl
ERAL SERVICE LI
17a.
Did
decedent
live in a
township?
17b, County Cumberland
Items 24-26 must be completed by
person who pronounces death
DATE PRONOUNCED DEAD (Montl1, Day, Ye;L
M. 25. .r f."...:re....'!.,...- ) 2....~" J
27. PART I: Enter the dl.e...., InJurl.. or ecmpllcatlona which uu..d the dealh, Do not enter the mode of dying, auch .a cardiac or respiratory .rr..t, shock or heart failur..
List only one cau.. on .ach line.
IMMEDIATE CAUSE (Final
disease or condition
resulting in death)--"'"
) t"\ /:./'It- ",'-,",
DUE TO (OR AS A CONSEQUENCE OF)
,V,.. H'r
a.
I",
DUE TO (OR AS A CONSEQUENCE OF)
cl;J -?I,;
"'--"""--' /-
Sequentially list conditions b
it any, leading to immediate
cause. Enter UNDERLYING
CAUSE (Disease or injury I e
that initialed events
resulting on death) LAST d.
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
DUE TO (OR AS A CONSEQUENCE OF):
MANNER OF DEATH
Natural lD Homicide 0
Accident 0 Pending Investigation 0
Suicide 0 Could not be determined D
DATE OF INJURY
(Monlh, Day, Year)
o
twp
17d..g ~~f,~e;~~".:I\i';:~~ 01 New Cumberland
citylboro.
26.
: Approximate
. interval between
: onset and death
:;'" ~"I""j'
Other significant condi~ons contributing to death. but
not resulting in the und$rlying cause given in PART 1.
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(,',~4i "\,.'
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p.-., ... ( H ):.
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED
YeS 0 No D
30e.
29.
30a. 30b. M.
PLACE OF INJURY. At home, farm, street, factory, office
bulldlng, etc. (SpeCify)
30e.
Yes LJ No lID
Yes D
NoD
2811. 28b.
CERTIFJER (Check only one)
.l~~~~F~~~tGor~~~~~~8~:l.s~~:rh Cj~~l~~dadu~: t~ ~:~a';i~:~(=)~~3r~~X~j~~a;sh:t~fe~~~~~~~.~ ,~~~~~. .~~~ .~.~.~~~~~.~. j.I~~ .:~).......
"PRONOUNCING AND CERTIFYING PHYSICIAN (Physician both pronouncing death and certifying to cause of death)
To the best of my knowledge, death occurred at the time, date, and place, and due to the causes(s) and manner as staled...
'MEDICAL EXAMINER/CORONER
On the basis of examination andJor investigation, in my opinion, death occurred at the time, date, and place, and due to the causes(s) and
manr'ler as stated..........................,.......................................................................................... .................... ...... ............. 0
31a.
33.
lof/l~ J ,II
REGISTRAR'S SIGNATU
'-
...:;;.
30d.
LOCATlON (Street, Cltyrrown, Stal>>)
30t.
SIGNATURE AND TITLE OF CERTIFIER
)/c....
o
31b.
ICENSE NUMBER DATE SIGNED (Month, Day, Ye.,)
31c.Mi''''-IF,,;j'L. 31d. ,_f('r!tt~1+-) L'~/-
NAME AND ADDRESS OF PERSON WHO COMPLETED CAUsE OF DEATH
(Item 27) Type or Print T].-...o '!.Af""'- J Jf" ~..if .1 .J' /'"") 1'-', ~
)' 'i Q I: ~.~ ). r dL "'V'. ,"" !
32. r.... c.... . 'J I) ,/ A }~.., r?l j
DATE FILED (Month. Day. Year)
34.
HWR~21553/tgs/7-8-92/#2
HWR/11-4-98/tgs/230791/#2
LAST WILL AND TESTAMENT
OF
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CLARA D. PAUL
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I, CLARA D. PAUL, of New Cumberland, Cumberland County.~ :;~
Pennsylvania, being of sound and disposing mind and memory, do ~~
make, publish and declare this to be my Last Will and Testament,
hereby revoking all Wills and Codicils by me at any time
previously made.
ITEM I:
All inheritance, estate and similar
taxes becoming due by reason of my death ("Death Taxes"), whether
such Death Taxes shall be payable by my estate or by any
recipient of any property, shall be paid by my Executor out of
the property passing under ITEM IV of this Will, or if none, then
under ITEM V, as an expense and cost of administration of my
estate. My Executor shall have no duty or obligation to obtain
reimbursement for any Death Taxes paid by my Executor, even
though paid with respect to proceeds of insurance or other
property not passing under this Will.
ITEM II:
I hereby exercise all powers of
appointment which I may have at the time of my death in favor of
my Executor, and all property subject to all such powers of
appointment shall be included in my estate and be governed by the
Page 1 of 12 pages
provisions of this Willi provided, however, that I specifically
decline to exercise any power of appointment given to me in any
Will, Codicil, Agreement of Trust or other instrument executed by
my husband, PAUL E. PAUL ("My Husband") .
ITEM III: I give and bequeath all of my
household furniture and furnishings, automobiles, books,
pictures, jewelry, china, crystal, appliances, silverware,
wearing apparel and all other like articles of household or
personal use or adornment to My Husband, if he survives me. If
he does not survive me, I give such articles to my then living
children in as nearly equal shares as they shall select under the
supervision of my Executor. If any such articles cannot be
fairly divided or distributed in kind in the opinion of my
Executor, such articles shall be sold and the proceeds thereof
shall pass as a part of my residuary estate.
ITEM IV: If My Husband survives me and my
probate estate exceeds One Hundred Thousand Dollars ($100,OOO)~ I
give, devise and bequeath to my Trustee hereinafter named, IN
TRUST NEVERTHELESS, to be held, administered and disposed of in
accordance with this ITEM for the benefit of My Husband and my
issue (herein referred to as the "Unified Credit Trust") an
amount equal to the sum of the balance of the dollar amount noti
taxed in my estate due to the application to my estate of (i) tihe
Page 2 of 12 pages
applicable credit amount against federal estate tax permitted
under Section 2010 of the Internal Revenue Code of 1986, as
amended, or any subsequent successor or parallel provision
thereto (the "Applicable Credit Amount"), after deducting
therefrom the value, for federal estate tax purposes, of (a)
assets included in my federal gross estate which pass or have
passed other than under the terms of this Will and which will
utilize a portion of the Applicable Credit Amount, (b) any
bequests under the preceding ITEMS of this Will which will
utilize a portion of the Applicable Credit Amount and (c)
adjusted taxable gifts not included in my federal gross estate
but included in the computation of the tentative federal estate
tax in my estate; and (ii) the state death tax credit allowed for
federal estate tax purposes (but only to the extent its use will
not increase any Death Taxes, other than Pennsylvania Inherita~ce
or Pennsylvania Estate Taxes, owing by my estate). My Trustee
shall have, hold, manage, invest and reinvest the assets of the
Unified Credit Trust, collect the income and
(a) Beginning at my death, my Trustee
shall pay over the net income of the Unified
Credit Trust to My Husband during his
lifetime, in installments not less frequently
than quarterly. In addition, my Trustee
shall pay such amounts of the principal of
such trust as, in the sole discretion of my
Trustee, shall be necessary for the
maintenance, support and medical and nursing
Page 3 of 12 pages
care of My Husband, taking into consideration
any other means readily available for such
purposes.
(b) During the life of My Husband, my
Trustee shall pay to My Husband from the
principal of the Unified Credit Trust at any
time and from time to time such sums or
specific assets as My Husband may designate
by written notice to my Trustee; provided,
however, that no withdrawal, when added to
the aggregate amount or value previously
withdrawn by My Husband pursuant to this
subparagraph (b), during the calendar year In
which the withdrawal is to be made, shall
exceed the greater of (1) $5,000 or (2) five
(5%) percent of the aggregate value of the
Unified Credit Trust at the time of such
withdrawal.
(c) Upon the death of the survivor of
My Husband and me, my Trustee shall
distribute the principal and any
undistributed income of the Unified Credit
Trust to my issue then living, per stirpes;
provided, however, that should any such issue
be the issue of a deceased child of mine and
shall not then have attained the age of
twenty-one years, each such issue's share
shall be retained by my Trustee, IN TRUST
NEVERTHELESS, each to be held, administered
and disposed of as a separate trust estate in
accordance with ITEM VI for the benefit of
each such issue (the "Grandchild's Trust")
If I have no issue then living, all such
assets shall be distributed in accordance
with ITEM VII of this Will.
ITEM V:
I give, devise and bequeath all the
rest and residue of my property, real, personal and mixed, not
disposed of in the preceding portions of this Will to My Husband,
Page 4 of 12 pages
PAUL E. PAUL, if he survives me; or if he does not survive me, to
my issue living at my death, per stirpes.
ITEM VI:
My Trustee shall have, hold,
manage, invest and reinvest the assets of each Grandchild's
Trust, collect the income and
(a) Until the beneficiary of the
Grandchild's Trust (the "Grandchild") shall
have attained the age of twenty-one years, my
Trustee shall from time to time pay to or for
the benefit of the Grandchild such amounts of
the net income and principal of the Grand-
child's Trust as, in the sole discretion of
my Trustee, shall be necessary for the
Grandchild's maintenance, support, medical
and nursing care and education, including
college and graduate education, taking into
consideration any other means readily
available for such purposes. At the end of
each year any unexpended income shall be
added to the principal of the Grandchild's
Trust.
(b) After the Grandchild shall have
attained the age of twenty-one years, my
Trustee shall distribute the remaining
principal and any undistributed income of the
Grandchild's Trust outright to the
Grandchild; or, if the Grandchild shall have
died before attaining that age, my Trustee
shall distribute the then remaining principal
and any undistributed income to the issue
then living of the parent of the Grandchild
who was a child of mine, per stirpes; or, if
such parent shall have no issue then living,
to my issue then living, per stirpes. If I
have no issue then living, all such assets
shall be distributed in accordance with ITEM
VII of this Will.
Page 5 of 12 pages
ITEM VII:
I give, devise and bequeath any
assets to be distributed in accordance with this ITEM as follo~s:
(a) One-half (1/2) to the ROMAN CATHOLIC DIOCESE
OF HARRISBURG, 4800 Union Deposit Road, Harrisburg,
Pennsylvania.
(d) One-half (1/2) to CARLOW COLLEGE, 3333 5th
Avenue, Pittsburgh, Pennsylvania.
ITEM VIII:
No interest in income or princip~l
of my estate or any trust created hereunder shall be subject to
attachment, levy or seizure by any creditor, spouse, assignee or
trustee or receiver in bankruptcy of any beneficiary of my estate
or of any trust created hereunder prior to the beneficiary's
actual receipt thereof. My Executor or Trustee shall pay over
the net income and the principal to the beneficiaries herein
designated, as their interests may appear, without regard to any
attempted anticipation (except as may be specifically provided
herein), pledging or assignment by any beneficiary of my estate
or of any trust created hereunder and without regard to any claim
thereto or attempted levy, attachment, seizure or other process
against said beneficiary.
ITEM IX:
Any person who shall have died at
the same time as I or under such circumstances that it is
difficult or impossible to determine who shall have died first,
shall be deemed to have predeceased me.
Page 6 of 12 pages
I'
ITEM X:
In the settlement of my estate and
during the continuance of any trust created hereunder, my
Executor and my Trustee shall possess, among others, the
following powers to be exercised for the best interests of the
beneficiaries; subject, however, to the restrictions set forth
below:
(a) To retain any investments I may
have at my death so long as my Executor or
Trustee may deem it advisable to my estate or
trust so to do.
(b) To vary investments, when deemed
desirable by my Executor or Trustee, and to
invest in such bonds, stocks, notes, real
estate mortgages or other securities or in
such other real or personal property as my
Executor or Trustee shall deem wise, without
being restricted to so called "legal
investments."
(c) In order to effect a division of
the principal of my estate or trust or for
any other purpose, including any final
distribution of my estate or trust, my
Executor or Trustee is authorized to make
said divisions or distributions of the
personalty and realty partly or wholly in
kind. If such division or distribution is
made in kind, said assets shall be divided or
distributed at their respective values on the
date or dates of their division or
distribution. In making any division or
distribution in kind, my Executor or Trustee
shall divide or distribute said assets in a
manner which will fairly allocate any
unrealized appreciation among the
beneficiaries.
Page 7 of 12 pages
(d) To sell either at public or private
sale and upon such terms and conditions as my
Executor or Trustee may deem advantageous to
my estate or trust, any or all real or
personal estate or interest therein owned by
my estate or trust severally or in
conjunction with other persons or acquired
after my death by my Executor or Trustee, and
to consummate said sale or sales by
sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee
simple title, free and clear of all trust and
without obligation or liability of the
purchaser or purchasers to see to the
application of the purchase money or to make
inquiry into the validity of said sale or
sales; also, to make, execute, acknowledge
and deliver any and all deeds, assignments,
options or other writings which may be
necessary or desirable in carrying out any of
the powers conferred upon my Executor or
Trustee in this paragraph or elsewhere in
this Will.
(e) To mortgage real estate; provided,
however, that this provision shall not apply
to real estate which is an asset of any
portion of the QTIP Trust qualified for the
federal estate tax marital deduction; and to
make leases of real estate for any term.
(f) To borrow money from any party,
including my Executor or Trustee, to pay
indebtedness of mine or of my estate or
trust, expenses of administration, Death
Taxes or other taxes.
(g) From the same source as from which
Death Taxes are to be paid in accordance with
ITEM I, to pay all costs, Death Taxes or
other taxes, expenses and charges in
connection with the administration of my
estate or trust, and my Executor shall pay
the expenses of my last illness and funeral
expenses.
Page 8 of 12 pages
(h) To vote any shares of stock which
form a part of my estate or trust and to
otherwise exercise all the powers incident to
the ownership of such stock and to actively
manage and operate any incorporated or
unincorporated business, including any joint
ventures and partnerships, and to incorporate
any such unincorporated business, with all
the rights and powers of any owner thereof.
(i) In the discretion of my Executor or
Trustee, to unite with other owners of
similar property in carrying out any plans
for the reorganization of any corporation or
company whose securities form a part of my
estate or trust.
(j) To assign to and hold in my estate
or trust an undivided portion of any asset.
(k) To hold investments in the name of
a nominee.
(1) To compromise controversies.
(m) To employ and compensate from
income or principal, in the discretion of my
Executor or Trustee, investment and legal
counsel, accountants, brokers and other
specialists, and, whenever there shall be no
corporate Executor or Trustee in office, a
corporate custodian, and to delegate to
investment counsel discretion with respect to
the investment and reinvestment of any or all
of the assets held hereunder.
ITEM XI:
In the settlement of my estate:
(a) My Executor shall not be personally
liable for any loss to my estate or to any
beneficiary of my estate resulting from an
election made in good faith to claim a
deduction as an income tax deduction or as an
estate tax deduction; nor, as a result of
Page 9 of 12 pages
such election, shall any compensating
adjustments be made between income and
principal or in the amount of any gift under
this Will to my spouse intended to qualify
for the marital deduction for federal estate
tax purposes.
(b) In valuing property in my gross
estate for the purposes of any Death Tax, my
Executor shall not be personally liable for
any loss to my estate or to any beneficiary
of my estate resulting from my Executor's
decision made in good faith to use a
particular valuation date.
ITEM XII:
If there should be established by
My Husband, either in his Last Will and Testament or by inter
vivos Deed or Agreement, trusts similar to the trusts herein
established for the benefit of my issue, my Trustee herein shall
have the right and power to merge trusts herein established with
similar trusts for the same beneficiaries established by My
Husband and to operate each of the merged trusts as a single
trust.
ITEM XIII:
I hereby nominate, constitute and
appoint my husband, PAUL E. PAUL, to be my Executor.
In the
event of the death, resignation, refusal or inability of my said
husband to act as my Executor, my daughter, BERNADETTE PAUL,
shall serve as my Executrix, or in the event of her death,
resignation, refusal or inability to act, then my sons, EMMANUEL
M. PAUL and GREGORY E. PAUL, or the survivor of them, shall senve
Page 10 of 12 pages
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as my Executor. My Executor specifically is relieved from th~
duty or obligation of filing any bond or other security.
ITEM XIV:
I hereby appoint my daughter,
BERNADETTE PAUL, as Trustee of any trust created hereunder. If
for any reason my daughter should fail or cease to act, I appoint
DAUPHIN DEPOSIT BANK AND TRUST COMPANY, as Trustee in her place.
An individual Trustee shall be deemed to have failed to serve as
Trustee hereunder if, among other reasons, the treating physician
of said individual Trustee shall certify in writing that such
Trustee possesses permanent mental or physical incapacities which
preclude such Trustee from discharging his or her duties as
Trustee hereunder. Any Trustee serving hereunder shall have the
right to resign from such office at any time, with or without
cause and without court approval. My Husband during his lifetime
and thereafter my children (or the sole surviving child) shall
have the power to remove any corporate Trustee but shall replace
such Trustee with another corporate Trustee, all by written
notice delivered to the Trustee and effective without court
approval. No successor Trustee shall be liable for the actions
of a resigning or removed Trustee occurring prior to such
successor Trustee taking office. All references in this Will to
my "Trustee" shall refer to my originally named Trustee or to my
successor Trustee, as the case may be.
Page 11 of 12 pages
ITEM XV:
Any Guardian, Executor or Trustee
shall qualify and serve without the duty or obligation of filing
any bond or other security. Any corporate fiduciary shall be
entitled to compensation for services in accordance with the
standard schedule of fees in effect when the services are
rendered.
IN WITNESS WHEREOF, I have set my hand and seal to
this, my Last Will and Testament, consisting of this and the
preceding eleven (11) pages, this _'-~day Of~~~,
1998.
~-ipd01K-'
~A D. P UL
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(SEAL)
We, the undersigned, hereby certify that the foregoing
Will was signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament, in the
presence of us, who, at her request and in her presence and in
the presence of each other, have hereunto set our hands and seals
the day and year above written, and we certify that at the time
of the execution thereof, the said Testatrix was of sound and
disposing mind and memory.
(SEAL)
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Page 12 of 12 pages
CODICIL
TO THE LAST WILL AND TESTAMENT
OF
CLARA D. PAUL
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I, CLARA D. PAUL, of New Cumberland, Cumberland ~ounty.?
Pennsylvania, being of sound and disposing mind and memory, do
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(.,.)
make, publish and declare this to be a Codicil to my Last Will and
Testament dated November 5, 1998.
I hereby revoke ITEM VII of my said Last Will and
Testament and in lieu thereof substitute the following ITEM VII:
"ITEM VII: I give, devise and bequeath any assets
to be distributed ln accordance with this ITEM as follows:
(a) One-third to the ROMAN CATHOLIC DIOCESE OF
HARRISBURG, 4800 Union Deposit Road, Harrisburg,
Pennsylvania.
(b) One-third to THE JESUIT SEMINARY GUILD OF THE
SOCIETY OF JESUS OF NEW ENGLAND, P.O. Box 799, Back Bay
Annex, Boston, Massachusetts 02117-0799.
(c) One-third to CARLOW COLLEGE, 3333 Fifth Avenue,
Pittsburgh, Pennsylvania."
IN WITNESS WHEREOF, I have hereunto set my hand and
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seal to this Codicil to my Last Will
and Testament, consisting of
this '...Cday of tlt~f~4l d1-cPcf /
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this and the preceding one (1) page,
2001.
(~_<'<_'L)j2~_L( SEAL)
Clara D. Paul
We, the undersigned, hereby certify that the foregoing
Codicil was signed, sealed, published and declared by the above-
named Testatrix as and for a Codicil to her Last Will and
Testament, in the presence of us, who at her request and in her
presence and in the presence of each other, have hereunto set our
hands and seals the day and year above written, and we certify
that at the time of the execution thereof, the said Testatrix was
of sound and disposing mind and memory.
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Page 2 of 2 Pages