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No. 21 . 94 - 364
Est"to of
Luot 11u m. Hershoy
, Deceased
DEClmE OF pnOBA TE AND GRANT OF LETTERS
AND NOW API" ll-151. 19l1_1 In consideration of the petition on
tho rovmo lido herr-uf, latilfnctory proof having been presented before me,
IT IS DP.CRDIlI> that tho Instrument(s) daled Ma v 6. 1 992
delorlbed Ihor,oln ho admitted to probate and nted of record as the last will of
1.11(1111 p I~ lInt"Qhpy
and Lotten 'l'lllll'JIIuPI1I'III'\'
ard heroby granted to, John 0, Hershey
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FEDS
Probalo, Lottors, Etc. .....,... S
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Shan Conlncatel( '1 ......,... S
~~~f~b~lan..."." ,. ..",., S
JCP S
TOTAL __ S
340. DO
45.00
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40B,00
Richard R. Lefever, Esq
#7208 ATTORNEY (Sup. Cl.t.a, No,)
100 Pine st.
Harrisburq, PA 17101
.~DDRESS
. Plied '1111' ,~r~,I,L, .?91t ,11~~~" II t. II' I. t
(717) 237-5222
PHONE
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Mailed lattera and order to attorney o~ 4-20-94. '
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of [.11(' ill" lL IIproh"y No, ,,;;;.. 'I It ,,- ",31r ,/
also known as To:
'-E-- f
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Register of Wills for the
~ Deceased. County of C'lImh"r 1" nr'l in the
Soc;al Security No. 20 q - 3 6 - 1 4 SO Commonwealth of Pennsylvania
The petition of the undersigned respectfully rcpresents that:
Your petitloner(s), who is/are 18 years of age or older an the execut..QJ;
in the last will of the above uecedent, daled Ma y 6
and codicil(s) dated n / a
named
,19-2L
(state relevanl circumSlances, e.g, renunchulon. death of executor, CIC.)
Deeendent was domiciled at death in ClImherland County, Pennsylvania. with
h p.r last family or principal residence at Mes7 U~ v: 11 aJ~_:.. M;Chiln i ClRhllq" I--
rllmhArl;:!nn r'f'll1n"~'. PnnnC::i'l"rlni.a-.~f.~ nil ~ lV-J )
(11'1 .lfecl, number and muncip.IIIY)
Decendent. then 77 years of age, died Apr 11 2 . 19 q 4
at_MpC::Cl.irlh \lil1rlf)A, Mnroh.::1nirc:::.hllrg. Pnnn~~11"rln;rl 17()i:)l:'1 .
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of lhe will offered for probate; was nmthe victim of a killing and was never adjudicated
In~ompetent: n / a _
Decendent at death owned property with estimated values as foilows:
(If domiciled In Pa,) Ail personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal plOperty in County
Value of real estate in Pennsylvania
situated as follows: nOlle
$...1l.5.O onn 00
$ ,
$
$,
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codlcll(s)
presented herewith and the grant of letters testamentary
(lcstamcntarYi IldmlnlslrUllon c.l.a,; administration d.b,n.c,l,a,)
theron.
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Alleq en B '1 inq
Messiah Villaqe
Mechanicshurg, PA 17055____
,Q.":6'4:;,, "r
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA } 88
COUNTY OF CUMBERLAND
The pelltloner(s) above-named swear(s) or afflrm(s) that lhe slatements In the foregoing petition are
lrue and correct to the best of the knowledge and belief of petltloner(s) and lhat as personal represen.
latlve(s) of the above decedent pelilioner(s) will well and trUI\,' mln, ister lhe estate according to law.
- . ;, I) " 7__________
Sworn to, or ,affirmed and S.Ub. scribed { " r- Le-i. ' ~
before me this 19TH day of '_ ~
t;Jt~tt{1 ,{iLL"" ,.'.' c,t9)Jltml j'tiJ ~
MAR C. LEWIS ' R('~isfer I // B:
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4 - ~)l\ "' - ,)
3-25-92
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LUCILLE E. HERSHEY
I, LUCILLE E. HERSHEY, presently of Dauphin county,
Pennsylvania, declare this to be my will and hereby revoke all
prior wills and codicils made by me.
1. Tanqible Personal Propertv" I bequeath suoh items of
my tangible personal property as are speoifioally itemized on a
list, if any, in my handwriting, signed and dated by me at the
end thereof, and attached to this, my Will, to the person(s)
named thereupon to reoeive such items, and all of my remaining
tangible personal property not used in business or for the
production of inoome, inClUding, without limitation, furniture,
turnishings, olothing, jewelry, objects of art and decoration,
and the like, together with the insurance thereon, I bequeath to
my husband, John o. Hershey, if he survives me, and if my husband
does not survive me, I bequeath such property equally between my
ohildren. If either one of my children does not survive me, her
share shall be distributed per stirpes among those of her issue
who survive me. If there are no such issue, said property shall
go to my other child, or if my other child is not then living,
shall be distributed per stirpes among those of her issue who
survive me.. With regard to the property passing hereunder,
distribution shall be made between my children on the basis of
choices made in order determined by lot and by rotation, and the
values as finally determined for federal estate tax purposes
shall be determinative with regard to the values of the property
chosen, and any ultimata disparity between my children shall be
equalled by such payments between them as may be neoessary. If
either one of my children is not then living, the choioes to
which she would have been entitled shall be made by her issue in
order determined by lot and by rotation.
2. Residue. I bequeath, devise, and appoint all the rest
of my property, of whatever nature and wherever situated,
including property over which I hold a power of appointment
(exoept that I do not exercise any power of appointment given to
me by my hUSband), to the then Trustee(s) under an Estate Plan
Agreement of Trust executed by m~ on May 6, 1992, to be held by
said Trustee(s) and added to and administered as part of the
trust established by said Agreement. Said trust is in existenoe
as of the date of execution of this will, and it is my intention,
if necessary to validate the foregoing gift to the Trustee(s), to
incorporate herein by reference its terms and any amendments
thereto.
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3. Survival. If any benefioiary herelmder should die
within sixty (60) days after me, he or she shall be deemed to
have predeoeased me for all purposes of this will.
4. ~endthrift Clause. No interest (whether in inoome or
prinoipal, whether or not a remainder interest, and whether
vested or contingent) of any beneficiary hereunder shall be
sUbjeot to anticipation, pledge, assignment, sale or transfer in
any manner, nor shall any beneficiary have power in any manner to
charge or encumber his or her said interest, nor shall the said
interest of any beneficiary be liable or sUbject in any manner
while in the possession of my fiduciaries for any liability of
such beneficiary, whether such liability arises from his or her
debts, contracts, torts, or other engagements of any type.
5. Facilitv of pavment for Minors or Incompetents. Any
amounts or assets which are payable or distributable to a minor
or incompetent hereunder may, at the discretion of my
fiduciaries, be paid or distributed to the parent or guardian of
such minor or incompetent, to the person with whom such minor or
incompetent resides, or directly to such minor or incompetent, or
may be applied for the use or benefit of such minor or
incompetent.
6. Powers. In addition to such other powers and duties as
may be granted elsewhere herein or which may be granted by law,
my fiduciaries hereunder shall have the following powers and
duties, without the necessity of notice to or consent of any
court:
(a) To retain all or any part of my property, real or
personal, in the form in which it may be held at the time of its
receipt, including any closely held business in which I have an
interest and the stock of any corporate fiduciary hereunder, as
long as in the exercise of their discretion it may be advisable
so to do, notwithstanding that said property may not be of a
character authorized by law.
(b) To invest and reinvest any funds held hereunder in
any property, real or personal, including, but not by way of
limitation, bonds, preferred stockB, common stocks and other
securities of domestic or foreign corporations or investment
trusts, mortgages or mortgage participations, mutual funds with
or without sales or redemption charges, and common trust funds,
even though such property would not be considered appropriate or
legal for a fiduciary apart from this provision.
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(0) To sell, oonvey, exchange, partition, give options
to buy or lease upon, or otherwise dispose of any property, real
or personal, at the time held by tham, at publio or private sale
or otherwise, for oash or other consideration or on oredit, and
upon suoh terms and for suoh prioe as they may determine, and to
oonvey such property free of all trusts.
(d) To borrow money from any person, including any
fiduciary hereunder, for any purpose in oonnection with the
administration hereof, to execute promissory notes or other
obligations for. amounts so borrowed, to secure the payments of
suoh amounts by mortgages or pledges of any property, real or
personal, which may be held hereunder.
(e) To make loans, secured or unsecured, in suoh
amounts, upon such terms, at such rates of interest, and to such
persons, firms, or corporations as they may deem advisable.
(f) To renew or extend the time for payment of any
obligation, secured or unsecured, payable to or by them as
fiduciaries, for as long a period or periods of time and on such
terms, as they may determine, and to adjust, settle, and
arbitrate claims or demands in favor of or against them.
(g) In dividing or distributing any property, real or
personal, included herein, to divide or distribute in cash, in
kind, or partly in cash and partly in kind.
(h) Without limitation of powers elsewhere granted
therein, to hold, manage and develop any real estate which may be
held by them at any time, to mortgage any such property in such
amounts and on such terms as they m~y deem advisable, to lease
any such property for such term or terms and upon such conditions
and rentals as they may deem advisable, whether or not the term
of any such lease shall exceed the period permitted by law or the
prObable period of retention under this instrument; to make
repairs, replacements and improvements, structural or otherwise,
in connection with any such property, to abandon any such
property which they may deem to be worthless or not of sufficient
value to warrant keeping or protecting, and to permit any such
property to be lost by tax sale or any other proceedings.
(i) To employ such brokers, banks, custodians,
investment oounsel, attorneys, and other agents, and to delegate
to them such duties, rights and powers as they may determine, and
for such periods as they think fit.
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(j) To register any securities at any time in their
own names, in their names as fiduciary, or in the names of
nominees, with or without indicating the trust character of the
securities so registered.
(k) With respect to any securities forming a part of
the trust, to vote upon any proposition or election at any
meeting of the corporation issuing such securities, and to grant
proxies, discretionary or otherwise, to vote at any such meeting;
to join or become a party to any reorganization, readjustment,
merger, voting trust, consolidation or exchange, and to deposit
any such securities with any committee, depository, trustee or
otherwise, and to payout of the assets held hereunder, any fees,
expenses and assessments incurred in connection therewith, to
exercise conversion, subscription or other rights, and to receive
or hold any new securities issued as a result of any such
reorganization, readjustment, merger, voting trust,
consolidation, exchange or exercise of conversion, subscription
or other rights and generally to take all action with respect to
any such seourities as could be taken by the absolute owner
thereof.
(1) To engage in sales, leases, loans, and other
transactions with the estate of my husband or any trust
established by either of us, even if they are fiduciaries or
beneficiaries thereof.
(m) To exercise all elections which they may have with
respect to income, gift, estate, inheritance and other taxes,
including without limitation execution of joint income tax
returns, election to deduct expenses in computing one tax or
another, election to split gifts, and election to payor to defer
payment of any tax, in all events without their being bound to
require contribution from any other person.
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(n) To operate, own, or develop any business or
property held hereunder in any form, including without limitation
sole proprietorship, limited or general partnership, corporation,
association, tenancy in common, condominium, or any other,
whether or not they have restricted or no management rights, as
they in their discretion think best.
7. ~~. I direct that all estate, inheritance, and
succession taxes that may be assessed in consequence of my death,
of whatever nature and by whatever jurisdiotion imposed, shall be
paid out of the principal of my probate estate to the same effect
as if said taxes were expanses of administration, exoept that any
such taxes (and interest and penalties thereon) imposed on
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account of my interest in or power over any trust established by
my husband, shall be paid out of the property held in such trust,
and all other property includible in my taxable estate for
federal or state tax purposes, whether or not passing under this
will, shall be free and clear thereof; provided, however, that my
executor(s) may in the discretion of my executor(s) request that
any portion or all of said taxes (to be paid out of the principal
of my general estate) shall instead be paid out of the principal
of any trust established by me, to the extent expressly
authorized under the terms of said trust.
8. ~ender. Unless the context indicates otherwise, any
use of either gender herein shall also include the other gender.
9. Fiduciaries. I appoint my husband as Executor
hereunder. If ever my husband is unable or unwilling so to serve
or to continue so serving, my daughters shall serve in his place,
and if ever either of my daughters is unable or unwilling so to
serve, or to continue so serving, no successor ohall be appointed
to serve in her place. If ever neither of my daughters is able
or willing so to serve, or to continue so serving, Richard R.
Lefever shall so serve, and if ever he is unable or unwilling so
to serve, or to continue so serving, Hershey Trust Company shall
serve as Executor hereunder.
My fiduciary(s) hereunder shall sel've as guardian(s) of the
property of any minor beneficiaries hereunder, under any
instrument of trust executed by me, under any policies of
insurance on my life, and in any other situation in which the
power to make such appointment exists under the laws of
Pennsylvania.
No individual fiduciary shall be liable for the acts,
omissions or defaults of any agent appointed and retained with
due care or of any co-fiduciary.
No fiduciary named herein shall be required to furnish bond
or other security for the proper performance of his or her duties
hereunder.
IN WITNESS WHEREOF, I, LUCILLE E. HERSHEY, herewith set my
hand to this, my last Will, typewritten on seven (7) sheets of
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WITNESS I
WITNESSI
_t~QO \10 ";1
Subscribed, sworn to and aoknowledged before me by LUCILLE E.
H RSHEY, the testatrix, and subsor~bed ~nd sworn petore me by
1 '. /. .' 1(..'('1' " /..1.$(1 /l ;J/dorr-( , and
, ,'( I rt! . ,. . pr- , the witnllsses, this 1;'.11) day of
_, 1992.
i'
(SEAL)
NOT finiAl. SEAL
Judilh A, t!0r<i'lrom, I Inl1fY Public
Harrlsbur~, PA {)J'1i,:~:ll Ll'~lIlly
My Commission Expires Sap!. 21, 1993
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'QlRTIFICATION OF NOTICE UNDER RULE 5;6(a)
Name of Deaedent: Luoille E.' Heiahey
Date of Deathl April 2, 1994
Will No.:
36.4 of .1994
To the Register:
I certify that notioe of beneficial interest required by
Rule 5.6(a) of the Orphans' Court Rules was served on or mailed
to the following beneficiaries of the above-captioned estate on
May 5, 1994
~
Address
Joan H. Pr,uett 32940 Wakefield Road, Harrisburg, PA 17109
Kathleen Carol 42 South Ash Street, 'Denver, CO 80222
Buchenauer ziegler
Notice' has now been given to all persons entitled thereto under'
Rule 5.6(a).
Date: June 8, 1994
. Ro ert D. Stets, Esq.
Ri hard R. Lefever, Esq..
McNees, Wallace & Nurick
100 pine Street
Harrisburg, PA 17101
Telephone: (717) 232-8000
Counsel for Estate(') (';
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Inventory of the real and personal estate of
J/-9tf~J(/-1
Lucille E. Hershey
See attached sheet
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COMMONWEALTH Qf PENN$YLVANIA
COUNTY Of CUMBERLAND
Ul
John O. Hershey
sworn is the Executor
b.lng duly _ . .ccordlng 10 I.w, depOle1 'ud UYI that he
01 the Eltate 01 Luci 11e E. lIerchey
Mechanicsburg C bid C I P d d d h h
1.1. 01 _____.-' .___....-" .__. , um er.n oun y, I" .CUII In t.t t .
within II .n Inv.ntory m.d. by ..iTohn O. Hershey ,_ _ " the uid Executor
01 the entire lltate 01 uld deced.nt, conll.tlng of all the perlonal prop.rty and rul III.te, ncept rullltet. ouhld.
th. Commonwe.lth 01 Pennlylvania, and that the li9urll oppollt. OIch It.m 01 the Inventory r.pr...n! It'l fair v.lu.
1\ 01 the date 01 d.cedent'l death,
Sworn
and lublCrlbed belore m.,
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oh'n O. HershJ,,"tor. Adml
75 Messiah Vi!lage
. O. Bo)( 2015
echanicsburg, PA 17055
Add.."
D.t. 01 Duth
1994
D.y
Monlh
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INSTRUCTIONS
i. An Inv.nlory mUlt b. Wed within three monthl aller appointment of perlon.1 npr...n"tlv.,
2. A luppl.menl Inventory mUll be Iiled within thirty d.ys of discovery of addltion.1 111111,
3. Addltlonallheeh may be attached II to perlonalty or re.lty
4, See Artlcla IV, Flduclarlll Act of 1949.
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INVENTORY
Estate of:
Date of Death:
County:
Lucille E. Hershey
April 2, 1994
Cwnberland
.................... .. .............. .. .............. ................... .......... ........ ............ .............. ...... .. ":.............. .. ..
Cash:
1
Kahn Brothers Investment Management Corporation,
cash held in brokerage account
2
Kahn Brothers Investment Management Corporation I
IRD interest earned on cash held in brokerage
account
Subtotal
Stocks/Listed:
3
600 shares, Alexander & Baldwin common. stock
4
918 shares, Baker Fentress &'Co. common stock
5
819 shares, Conagra Inc. common stock
6
150 shares, Esquire Radio & Electronics common
stock
7
500 snares, FFY Financial Corp, common stock
200 shares, GATX Corp. $3.875 eM CV preferred stock
333 shares, Hanson PLC ADR stock
'50 shares, Hi11haven Corp. New common s tocl<
300 shares Hershey Foods Corporation I common stock
400 shares, JSB Financial Inc, common stock
8
9
10
11
12
13 1000 shares, MSA Realty Corp, common stock
14 100 shares, Mine Safety Appliances Co. common stock
15 300 shares, Morgan Stanley Group $2.22 preferred
stock
16 692 shares, Old Republic International Corp. common
stock
17 500 shares Penn Power & Light, common stock
-1-
17,294.17
25.25
17,319.42
14,962.80
15,204.83
21,755.10
7,312.50
7,250,00
10,700.00
6,514.48
965,65
13,856.40
8,900,00
.6,375.00
4,100,00
7,556.40
15,613.60
11,531. 50
.
COM~F~~YMjJ ~01~:~~'Wb ~^NIA
HARRI9H~~t,~A 11121-01101
/tj- ;;0' - 3
INHERITANCE TAX RETURN
RESIDENT DECEDENT
(TO HE FILf:D IN DUPLICATE
WITH REGISTER OF WILLS
COUNTY COOE I
FOR OATES OF lIEATtl ,torTEn 12I)llal C~1ECK HERE (!,;
IF A SPOUSAL 0
POVERTY CREDIT I!l CLAIMr 'I
FILE NUMBER
. ... REV-. ',,00 EX .(I\~all
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DECEDENT'S NAME (LAST. Flf\flT, AND MIDDLE INITIAL)
Hershey Lucille
OECEDENT'S COMPt.ETE ADDRESS
f:, '175 MCHsinh Vllln!,,"
Mochnnicobllrg, 1'/\ 17055
SOCIAL SECURITY NUMBER
209.36 -1450
X I. Original ROlurn
County
Cumber1nnd
--03.
['] 6,
Aomlllnder Aolutl1
(lor dalos 01 do.llt prlol 1012-13-02)
Forlorol cslnlo To,
R,'urn Roqulrod
B, Tol.1 Numbor 01 S.lo Doposll Bo,os
o 4. Umlod Eslnlo
[!] I, Dooodent Olod Toslale
(AU.ch ccpy 01 Will)
04a,
[R] 7.
Fululo Inlor.sl Comploml'o
(lor dalos 01 do.llt .lIo,,2-12-a2)
Dooodenl M.lnl.lnod . Living Trusl
(Attoch a copy 01 Trusl)
C P AU CORRESPONDENCE AND CONFIDENTIAL TAX ItlFORMATION SHOULD BE DIRECTED T
o 0 NAME
R N
~ 0 Richard R. Lafever Es,
S ~ TEL\;PHONE NUMBER
T 717-232-8000
I. Roal Estato (Schodulo A)
2. Slocks and Bonds (Schodulo B)
3. Clo..'y Held Slack/Partnership 1I11010.t (Schodulo C)
4, Mo~g.ges and Nolss Rocolvablo (Schodulo D)
6. Cssh, B.nk Dopo.llo & MI.coll.noou. Porsonal Proporty
(Schodulo E)
I, JolnUy Ownod Proporty (Schodulo FI
7. Tran.lors (Schodulo G) (Schodulo L)
I, Tot.' Gross Aasol' (Iotalllno' 1- 7)
8. Funorol Expo",o" Admlnl'lloUvo Co,ls, Mlscollanoous
E'pon,os (Schodulo H)
10. Dobis, Mortgag. Llablllllo" Lion, (Schodulo I)
11. Tnl., Ooducllon, (Iot.lllnus 9 & 10)
12. Nol Value 01 E9I.lo (II no a mlnu, Ilno 11)
13. Chorlloblo and Govornmontnl Boquosls (Sohodulo J)
14. Nol Valuo Sub acllo Tox Iino 12 minus Uno 13
16, Aroounl olllno 14 lux able 016% rolo
(Includo voluoslrol11 Schodul. K or Schodulo M,)
16, Aroount olllno 1410xablo al15% 1010
(Includo v.luu.I,ol11 Schodulo K or Schadulo M,)
17. Prlnclpoll.. duo (Add lox Irorn II no 15 and lrorn IIno 16,)
11. Clod,I,/Sp Povorly Prior Payments Ol,counl
0,00+ 0,00 + 1,359,12
18. If Uno 10 " gro.lor Ihan Uno 17, onlol Iho diNoronco on IIno 19, Thl,lslho OVERPAYMENT,
[I] 0 LCheck heral1 you .r. requeatlng a refund 01 your overpayment, I
20. If Uno 17 I, gr08l01 lhon line 16, onlo,lho dllforunco on Ii no 20, Thl'" Iho TAX DUE,
A, Enlor Iho Inloro'l on Iho b.lonco duo on lino 20A,
B. Enlor Iho 101.1 01 Uno 20 and 20A on IIno 20B, Thi' Islho BAlANCE DUE,
Maka Check Pa abla 10: R. I.t.r of Willa, Ag.nt
.. .. BE SURE TO ANSWER ALL QUESTIONS ON PAGE 2 AND TO RECHECK MATH · ·
Under pln.lhulll perJury, I dlelu, lhlt I hl'l' ,.,mllled Ihl' relu,n, tnclul!lngltCOmpMytng leh,dulU IInd .,,,t.menll, tnd 10 thll bll!lnl my kMllwllttg. And bellll. II II Vue,
COfltct Ind campl.lI, I dlcllollltllllll'ullllllh hu bun ulpnrl,d .II IWI mlrkel value, {hclaullo'l olllf'lll\/I' nltlet than \1111 rllHlllnalrepn'~lInll\tlV~ IS hued un AlllnlrHOlllllllo
01
whlctlprlPlluhulllyknowl,dllt,
COMPLETE: MAILlNa AOORES .
McNees Wn11ncri & NlIrl~k
\,,0. Box 1166
HarrisbllrR. I'A 17108.1166
Naill'
1,49 , 569,06
None
NOiW
17,319,.1.2
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(2)
(3)
(4)
(6)
(6)
(7)
Nom,
None
(9)_
8,969,17
(10)
1.,879,80
(15)
1,53,039,51
(B)
(II)
(12)
(13)
(14)
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SIGNATURE OF PEAM1N R(SPONSIBLE FOR FtL1~jQ flETUfHl AonnE!i5
(17)
(lB)
(19)
N~'~
466,888.48
13,81,8,97
1.53.039,51
NOlle
1,53,039,51_
27,182,37
0,00
27,182,37
],359,12
0,00
(20) 25 , 823.25
120~ 0,00
(20B)__25 , 823,25
m :~;!:~~~~)i :Y:(1:1~ip:; :(0;: :~~~: :~~jL::::::::
Moehnnicflbt~'A 17055
A(I[HI(9S
McNcos Wnllnce & NlIrick
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PLEASE ANSWER THE FOLl.OWING QUESTIONS BV PLACING A MARK (X) IN THE APPROPRIATE BLOCKS.
. ,YES NO
'1, Old decedenl make a Van.for and:
a. relaln Ihe use or Income of Ihe property !ran.forrad .
'" ,
x
b. rataln tho rlghllo daslgnale who ahallusa tha proparty Iranslarred or Ita Income,
"",. ,',
x
o. ralaln a ravoralonary Inlarasl or, , , , , , , , , , , , . , , . , , " . . , , , ,
x
d. recalve the promise for IIle of allhar paymenla, bonallla or oara? , , . , , , ,
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x
2. II death occurred on or befora Decembar 12, 1982, did decedent wllhln tNo yea" precodlng dealh .
Iranafar property wllhout receiving adequale oon,ldaraUon? II doalh occurred aflar Docamber 12,
1982, did decedent Iran.lar property within one yoar 01 doath without racolvlng adoqualo
conslderaUon? . . , , , , , , , , . , , , , , , , , , , , , , , , . , , , , , , , " , . , , , ,
x
3. Old dacedenl own an 'In trust for' bank accounl 01 hi. or hor death?
x
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE' RETURN.
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Copyright l~) 1811 'a,m IOUW", anly e,nl., PIlei SOI1W.rtj Inc.
Folm 1500 IROY, II-OIl
, REV-,'\OIIK+ (4~")
SCHEDULI! B
STOCKS AND BONDS
cOMr~lrrfE~~'\?&W~~~AN'A
ESTATE Of
PILE NUMBER
Lucille E, Hershey
SS# 209.36-1450 04/02/1994
(All prop.rty olnll -own.d wllh Right 01 Survlvorlhlp mUll b. ,"ololld on Soh.dul. P.
ITEM
NUMBER
1
DESCRIPTION
VALUE AT DATE
OF DEATH
14,962,80
600 shares, Alexander &
Baldwin common stock
24,938
2
918 shares, Baker Pentress &
Co. common stock
16,563
15,2011.83
3
819 ehares, Conagra Inc.
common stock
21,755.10
26.563
4
$60000, Dauphin County
Hospital Authority Bond,
5,1%, due 8/15/2005
55,153,80
91.923
5 150 shares, Esquire Radio &
Electronics common stock
, 48.75 7,312.50
14,5 7,250.00
53.5 '10,700,00
19.563 6,511,,48
19,313 965.65
46,188 1.3,856,L,0
92 .131 46,065,50
6 500 shares, FFY Financial
Corp, common stock
7 200 shares, GATK Corp.
$3.875 CM CV preferred stock
8 ~33 shares, Hanson PLC ADR
stock
9 50 shares, Hi llhaven Corp.
New common stock
10 300 shares Hershey Foods
Corporation, common stock
11 $50000, In-Upland EDR-Tay10r
University Bond, 5.3%, due
9/1/2009
12
400 shares, JSB Financial
Inc. common stock
22.25
8 , 900 , 00
13
$50000, Lancaster County
School District Bond, 5,05%,
due 5/1/2006
92.366
46,183.00
14
$25000, Middletown Borough
100.477
25,119.25
(see continuation schedule attached)
Total of Continuation Schedu1e(s)
169625.75
$ 1149,569,06
.IOTAL (Also onlor on IIno 2, Roca 1I11lallon)
(II mora spnco Is noodod, Inso~ oddlllonal ahaols 01 sama slzo,)
Copytlgh1(cl1Ul form lollwar. only Clnl., PIIUt Snllwtr',lnc,
FtHIlI1600 Sr,hlltlulll B IA.". .-&6)
COM~JU\1~~4\%~~AN'A
ESTATE Of'
SCHEDULE H
FUNERAL EXPENSES,
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPEMSES
I REV. ,UI,"IK + 1'.,111
52.08
79.75
"
40.00
"
100.00
150,00
_Lucille E.
ITEM
NUMBER
Herrney---sS" 209-36-1450 04/02/1994
DESCRIPTION
A.
Funeral ElCpln,.I:
Hoover Funeral Home, funeral
aervicea
1
2
,Honorar1UJ11Q to minister .
$150, miniater'a aasistant
$50, organiat . $100 and
(see continuation schedule attached)
Total of Continuation Schedule(s)
B.
Aclmlnl.IIIIIVI COI\l:
Peraonal Repreaenlallve commlaslons
Socia' Secullty Numbor 01 Pereonal Ropreeonlatlvo:
Year COlT'lT1sslons paid _
1.
2.
Attorney Fees
3.
Family EKemptlon
Clalmanl John a. Herahey
Addless 01 Clelmanl al decodenl's dealh
StreelAddress 775 Messiah Vlllal\e
City Mechanicsburl\
Slelo PA Zip Code 17055
-
Relationship
Spouse
4.
Probale Feos
c.
MlacllllnloUs EKponaes:
Mileage expenses
1
2 postage expense
3 Cumberland Law Journal I
legal advertising
4, Reserve for miscellaneous
administration expenses
5 Reserve for additional
administration expenses,
i.e. photocopies I telephone
and additional legal
advertising expense
TOTAL Also onl,r on IIno s, R,oe Ilulallon
(II moro spaco Is neoded, Inson addlllonsl aheel' 01 esmo ,Ize,)
Copyrlghl(clllill' form loftwar. onlV C.nl" P\ICI Sollwan, Inc,
'.
Plosoe Print or T 0
PILE NUMBER
AMOUNT
619.00
330 , 00
190. 34
0.00 .
5,000.00
2,000,00
.-:::
408.00
$ 8 , 969 , 17
FIlII" 1600 Sohldllln H lAlli, 1-681
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I,UCILLE E. HERSHE'l
I, LUCILLE E. HERSHEY, presently of Dauphin County,
Pennsylvania, deolare this to be my will and hereby revoke all
prior wills and oodioils made by me.
1. Tanaible PersonalProoertv. I bequeath suoh items of
my tangible personal property as are speoifIoally itemized on a
list, if any, in my handwriting, signed and dated by me at the
end thereof, and attaohed to this, my Will, to the person(s)
named thereupon to reoeive suoh items, and all of my remaining
tangible personal property not used in business or for the
produotion of income, including, without limitation, furniture,
furniShings, olothing, jewelry, objects of art and deooration,
and the like, together with the insurance thereon, I bequeath to
my husband, John o. Hershey, if he survives me, and if my husband
does not survive me, I bequeath such property equally between my
children. If either one of my ohildren does not survive me, her
share shall be distributed per stirpes among those of her issue
who survive me. If there are no suoh issue, said property shall
go to my other Child, or if my other child is not then living,
shall be distributed per stirpes alRong those of her iss\\e who
survive me. with regar.d to the property passing hereunder,
distribution shall be made between my children on the basis of
. choices made in order determined by lot and by rotation, and the
values as finally determined for federal estate tax purposes
shall be determinative with regard to the values of the property
ohosen, and any ultimate disparity between my children shall be
equalled by such payments between them as may be necessary. If
either one of my ohildren is not then living, the choices to
which she would have been entitled shall be made by her issue in
order determined by lot and by rotation.
2. Residue. I bequeath, devise, and appoint all the rest
of my property, of whatever nature and wherever situated,
inoluding property over which I hold a power of appointment
(exoept that I do not exercise any power of appointment given to
me by my husband), to the then Trustee(s) under an Estate Plan
Agreement of Trust executed by me on May 6, 1992, to be held by
said Trustee(s) and added to and administered as part of the
trust established by said Agreement. Said trust is in existenoe
as of the date of exeoution of this will, and it is my intention,
if neoessary to validate the foregoing gift to the Trustee(s), to
incorporate herein by reference its terms and any amendments
thereto.
/"-"
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3. $urvival. If any benefioiary hereunder should die
within sixty (60) days after me, he or she shall be deemed to
have predeceased me for all purposes of this will.
4. ~oendthrift Cl~. No interest (whether in inoome or
principal, whether or not a remainder interest, and whether
vested or contingent) of any beneficiary hereunder shall be
subjeot to anticipation, pledge, assignment, sale or transfer in
any manner, nor shall any benefioiary have power in any manner to
oharge or enoumber his or her said interest, nor shall the said
interest of any benefioiary be liable or subjeot in any manner
while in the possession of my fiduoiaries for any liability of
such benefioiary, whether suoh liability arises from his or her
debts, oontraots, torts, or other engagements of any type.
5. Facility of P~vrnent for Minors or Incompetent~. Any
amounts or assets which are payable or distributable to a minor
or inoompetent hereunder may/ at the discretion of my
fiduoiaries, be paid or distributed to the parent or guardian of
such minor or incompetent, to the person with whom such minor or
incompetent resides, or directly to such minor or incompetent, or
may be applied for the use or benefit of such minor or
inoompetent.
6. Powers. In addition to such other powers and duties as
may be granted elsewhere herein or which may be granted by law,
my fiduciaries hereunder shall have the following powers and
duties, without the necessity of notice to or consent of any
oourt:
(a) To retain all or any part of my property, real or
personal, in the form in which it may be held at the time of its
receipt, including any closely held business in which I have an
interest and the stock of any oorporate fiduciary hereunder, as
long as in the exeroise of their disoretion it may be advisable
so to do, notwithstanding that said property may not be of a
oharaoter authorized by law.
(b) To invest and reinvest any funds held hereunder in
any property, real or personal, inClUding, but not by way of
limitation, bonds, preferred stocks, common stooks and other
securities of domestic or foreign oorporations or investment
trusts, mortgages or mortgage partioipations, mutual funds with
or without sales or redemption charges, and common trust funds,
even though such property would not be oonsidered appropriate or
legal for a fiduoiary apart from this provision.
- 2 -
1--
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I
(0) To sell, oonvey, exchange, partition, give options
to buy or lease upon, or otherwise dispose of any property, real
or personal, at the time held by them, at public or private sale
or otherwise, for cash or other consideration or on credit, and
upon suoh terma and for such price as they may determine, and to
oonvey such property free of all trusts.
(d) To borrow money from any person, inoluding any
fiduciary hereunder, for any purpose in connection with the
administration hereof, to exeoute promissory notes or. other
obligations for amounts so borrowed, to secure the payments of
such amounts by mortgages or pledges of any property, real or
personal, which may be held hereunder.
(e) To make loans, secured or unsecured, in such
amounts, upon such terms, at Buch rates of interest, and to such
persons, firms, or corporations as they may deem advisable.
(f) To renew or extenll I:.h", time for p1\yment of any
obligation, secured or unsecured, payable to or by them as
fiduciaries, for as long a period or periods of time and on such
terms, as they may determine, and to adjust, settle, and
arbitrate claims or demands in favor of or against them.
(g) In dividing or distributing any property, real or
personal, included herein, to divide or distribute in cash, in
kin~, or partly in cash and partly in kind.
(h) Without limitation of powers elsewhere granted
therein, to hold, manage and develop any real estate which may be
held by them at any time, to mortgage any such property in such
amounts and on such terms as they may deem advisable, to lease
any such property for such term or terms and upon such conditions
and rentals as they may deem advisable, whether or not the term
of any such lease shall exceed the period permitted by law or the
probable period of retention under this instrument; to make
repairs, replacements and improvements, str.uctural or otherwise,
in connection with any such property, to abandon any such
property which they may deem to be worthless or not of sufficient
value to warrant keeping or protecting, and to permit any such
property to be lost by tax sale or any other proceedings.
(i) To employ such brokers, banks, custodians,
investment oounsel, attorneys, and other agents, and to delegate
to them such duties, rights and powers as they may determine, and
for such periods as they think fit.
- 3 -
......
)
1
,
(j) To register any seouritiea at any time in their
own names, in their names as fiduoiary, or in the namas of
nominees, with or without indioating the trust charaoter of the
seourities so registered.
(k) with respeot to any securities forming a part of
the trust, to vote upon any proposition or eleotion at any
meeting of the oorporation issuing such seourities, and to grant
proxies, discretionary or otherwise, to vote at any such meeting;
to join or beoome a party to any reorganization, readjustment,
merger, voting trust, consolidation or exchange, and to deposit
any such securities with any oommittee, depository, trustee or
otherwise, and to payout of the assets held hereunder, any fees,
expenses and assessments inourred in oonnection therewith, to
exercise conversion, subscription or other rights, and to receive
or hold any new securities issued as a result of any such
reorganization, readjustment, merger, voting trust,
consolidation, exchange or exercise of oonversion, subscription
or other rights and generally to take all action with respect to
any suoh seourities as could be taken by the absolute owner
thereof.
(1) To engage in sales, leases, loans, and other
transactions with the estate of my husband or any trust
established by either of us, even if they are Hduciaries or
beneficiaries thereof.
(m) To exercise all elections which they may have with
respect to inoome, gift, estate, inheritance and other taxes,
including without limitation execution of joint income tax
returns, election to deduct expenses in oomputing one tax or
another, election to split gifts, and election to payor to defer
payment of any tax, in all events without their being bound to
require contributJ.on from any other person.
(n) To operate, own, or develop any business or
property held hereunder in any form, including without limitation
sole proprietorship, limited or general partnership, corporation,
association, tenanoy in common, oondominium, or any other,
whether or not they have restricted or no management rights, as
they in their disoretion think best.
7. Taxes. I direct that all estate, inheritance, and
sucoession taxes that may be assessed in consequenoe of my death,
of whatever nature and by whatever jurisdiotion imposed, shall be
paid out of the principal of my probate estate to the same effeot
as if said taxes were expenses of administratio\1, except that any
such taxes (and interest and p~nalties thereon) imposed on
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aooount of my interest in or power over any trust established by
my husband, shall be paid out of the property held in suoh trust,
and all other property includible in my taxable estate for
federal or state tax purposes, whether or not passing under this
will, shall be free and clear thereof; provided, however, that my
executor(s) may in the disoretion of my exeoutor(s) request that
any portion or all of said taxes (to be paid out of the prinoipal
of my general estate) shall instead be paid out of the prinoipal
of any trust established by me, to the extent expressly
authorized under the terms of said trust.
B. ~nder. Unless the oontext indicates otherwise, any
use of either gender herein shall also lnclude the other gender.
9. Fiduciaries. I appoint my husband as Executor
hereunder. If ever my husband is unable or unwilling so to serve
or to oontinue so serving, my daughters shall serve in his plaoe,
and if ever either of my oaughters is unable or unwilling so to
serve, or to continue so serving, no sucoessor shall be appointed
to serve in her place. If ever neither of my daughters is able
or willing so to serve, or to oontinue so serving, Riohard R.
Lefever shall so serve, and if ever he is unable or unwilling so
to serve, or to oontinue so serving, Hershey Trust company shall
serve as Executor hereunder.
My fiduoiary(s) hereunder shall serve as guardian(s) of the
property of any minor beneficiaries hereunder, under any
instrument of trust executed by me, under any policies of
insurance on my life, and in any other situation in Which the
power to make such appointment exists under the laws of
pennsylvania.
No individual fiduciary shall be liable for the acts,
omissions or defaults of any agent appointed and retained with
due oare or of any co-fiduciary.
No fiduciary named herein shall be required to furnish bond
or other security for the proper performance of his or her duties
hereunder.
IN WITNESS WHEREOF, I, LUCILLE E. HERSHEY, herewith set my
hand to this, my last Will, typewritten on seven (7) sheets of
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WITNESS:
WITNESS:
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SUbsoribed, sworn to and aoknowledged before me by LUCILLE E.
H SHEY, ,the testatrix, and subscribed and Sworn before me 'by
, I (/ ., /.Js (( p, 1)1(' (CI,.'( , and
pr - , the witnesses, thIs I~-IIJ day of
1992.
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My Commission Expires Sep!. 21, 1993
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ESTATE PLAN
AGREEMENT OF TRUST
BY THIS AGREEMENT, exeouted on lh.. (.. , 1992,
LUCILLE E. HERSHEY, presently of DauPhin~county, pennsylvania, as
Settlor, hereby establishes a trust of the assets itemized on
Schedule A hereto, and the same LUCILLE E. HERSHEY, hereby agrees
to perform as the Initial Trustee of said Trust, and of such
additional property as may be placed in trust hereunder, by the
Settlor, the Settlor's husband, or with the oonsent of the
Trustee(s) any other person, all in trust subject to the terms
and oonditions set forth herein. If Luoille E. Hershey, ever is
unable or unwilling to serve, or to continue BO serving, as the
Trustee hereunder, she shall be suooeeded as Trustee by her
husband and daughters, and if ever anyone of such three persons
is unable or unwilling so to serve, or to oontinue so serving, no
suooessor shall be appointed to serve in his or her place,
provided, however, that if ever the Settlor's husband would
otherwise be serving alone as Trustee hereunder, or if ever no
person of such three persons is able or willing so to serve, or
to continue so serving, Riohard R. Lefever shall serve as a
Trustee hereunder, and if ever he is unable or unwilling so to
serve, or to oontinue eo serving, Hershey Trust Company shall
serve as a Trustee hereunder. No fiduciary hereunder shall be
required to furnish bond or other security for the proper
performance of his or her duties hereunder. The Trustee(s)
hereunder shall serve as guardian(s) of the property of any minor
beneficiary hereunder. No individual fiduoiary shall be liable
for the acts, omissions or defaults of any agent appointed and
retained with due oare, or of any oo-fiduoiary.
1. Duri~ Settlor's Life~. During the lifetime of the
Settlor--
(a) The Trust may be revoked by the Settlor by written
notioe to thA Trustee(s), and in oase of such revocation, all
property then held in the Trust shall be given over to her. The
Trust may be altered or amended by agreement between the Settlor
and the Trustee(s).
(b) The net income of the Trust, if any shall be paid
to or for the benefit of the Settlor no less often than quarter-
annually, and the prinoipal of the Trust, or any portion thereof,
shall be paid as the Settlor, or someone aoting legally on her
behalf, may demand and without qualification. Even though the
Settlor is not adjudioated incompetent, if she is under a legal
disability, or because of mental or physical disability she is,
in the opinion of the Trustee(s) unable to make reasonable demand
for amounts from the prinoipal, the Trustee (s) shall pay for her
benefit, or for the benefit of her husband, suoh amounts from the
"
)
principal of the Trust as may bEl nscessary to maintain for either
of them a standard of livinq approximately equal to that
maintained by either of them durinq the lifetime of the Settlor,
and to meet their expenses arisinq from ill health or invalidism.
2. Allocation of Assets. The primary purpose for the
establishment of this Trust is to provide for the Settlor's
husband and family after her death. The Settlor anticipates that
a major portion of her estate may be administered hereunder as a
result of bequests to the Trustee(s) contained in her will. Upon
the Settlor's death:
(a) If the Settlor's husband survives her, then the
Trustee(s) shall distribute outright and without limitation to
the Settlor's husband a Marital Share hereunder by allocation
thareto, from the property held hereunder, including property
received from the Settlor's estate/ an amount/ if any, equal to
(i) the minimum amount/ after takinq into account all deductions
other than tho marital deduction and applying all credits
available, which is necessary as the marital deduction to reduce
to the lowest possible amount the federal estate tax payable by
reason of the Settlor's death, less (ii) the value of all other
assets in the Settlor's gross estate which qualify for the
marital deduction and which pass or have passed to her said
husband under other provisions of this instrument or otherwise.
In determining such amount, all assets involved in the
calculation shall be valued at final federal estate tax values,
but in funding the Marital Share, date of distribution values
shall be used and only assets that qualifY for the marital
deduction shall be used. The interest of Settlor's husband in
the Marital Share shall qualify for the marital deduction, and
any provisions herein which may appear to conflict with or in any
way defeat the Settlor's intention to obtain the marital
deduction for the Marital Share shall be construed or applied to
accomplish that intention.
(b) The remainder of the property passing hereunder
(or/ if the Settlor's husband does not survive her, all the
property passing hereunder) shall be held as a Non-Marital Trust,
governed by Section 3 below.
3. Non-Marital Trust. The income and principal of the
Non-Marital Trust shall be distributed as follows:
(a) Income.
from the Trust at least
Settlor's husband.
The Trustee(s) shall pay the net income
annually to or for the benefit of the
- 2 -
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)
(b) Pr~noiDal. The Trustee(s) shall from time to time
pay suoh sums from the prinoipal of the Trust to or for the
benefit of the Settlor/s husband in such amounts as in the
discretion of the Trustee(s), seems proper to provide for his
support, maintenanoe, and health oare, and for the maintenanoe by
the Settlor's husband of the standard of living maintained by him
during the Settlor/s lifetime. No benefioiary of the Trust who
1s a Co-Trustee shall partioipate as a Co-Trustee in a deoision
under this section 3(b) for the direct or indiract benefit of
himself or herself.
(c) Husband's Riqhts of withdrawal. In addition to
the foregoing, during any calendar year the Settlor's husband
shall have the unqualified right in his sole discretion to demand
in one or more writings delivered by him to the Trustee(s) that
he be paid up to Five Thousand Dollars ($5,000.00) from the
principal of the Trust, and in addition, on December 31 of any
such calendar year he shall have the unqualified right in his
sole discretion to demand in a writing delivered by him to the
Trustee(s) that he be paid from the principal of the Trust, an
amount equal to five percent (5%) of the aggregate market value
of the assets held in the Trust as of such date, minus all
amounts distributed to him under this Subsection 3(0) during such
calendar year. The right permitted the Settlor's husband under
this SUbsection 3(c) may be exercised by him only as herein
provided before the end of any given calendar year to which
applicable and any amount as to which such right is not exercised
for any such calendar year shall lapse and shall not accumulate
or aarry over to any future calendar year.
(d) After Husband's Lifetime: Limited Power of Appointment
bv Husband. Upon the death of the survivor of the Settlor and
her husband, if he survives the Settlor, the Trustee(s) shall pay
the balance held in the Trust, outright or in trust, in such
amounts or proportions to or for the benefit of any or all of the
Settlor/s issue as her husband may direct in his will making
specific reference to the Trust hereunder. To the extent that
the Settlor's husband should fail to exercise effectively his
limited power of appointment over the Trust, or if he should
predecease the Settlor, then from and after the death of the
survivor of the Settlor and her husband, the prinaipal remaining
in the Non-Marital Trust shall be distributed to the then
Trustee(s) under the Estate Plan Agreement of Trust of the
Settlor's husband, dated , 1992, to be made part of
the Non-Marital Trust under such Estate Plan Agreement of Trust
of the Settlor's husband, and to be administered and distributed
along with the other assets of such Non-Marital Trust. Said
Estate Plan Agreement of Trust of the Settlor/s husband,
- 3 -
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'4 '\
containing such Non-Marital Trust of the Settlor's husband, is in
existence as of the date of execution of the within Trust and it
is the Settlor's intention, if necessary, to validate the
foregoing distribution to the Trustee(s) of the Settlor's
husband's Estate Plan Agreement of Trust, to inoorporate herein
by referenoe its terms and any amendments thereto.
4. Suvvival Clause. 1f any beneficiary hereunder should
die within sixty (60) days after the Settlor, or within sixty
(60) days after any other person the survival of whom determines.
his or her rights hereunder, then suoh benefioiary shall be
deemed to have predeceased the Settlor or suoh other person for
all purposes hereunder.
5. Powers. In addition to such other powers and duties as
may be granted elsewhere h~rein or whioh may be granted by law,
the fiduciaries hereunder shall have the following powers and
duties, without the neoessity of notice to or consent by any
Court:
(a) To retain all or any part of the property of the
Settlor, real or personal, in the form in which it may be held at
the time of its receipt, inoluding any closely held business in
which the Settlor has an interest and any stock of any corporate
fiduciary hereunder, as long as in the exercise of their
discretion it may be advisable so to do, notwithstanding that
said property may not be of a character authorized by law.
(b) To invest and reinvest any funds held hereunder in
any property, real or personal, including, but not by way of
limitation, bonds, preferred stocks, common stocks, and other
securities of domestic or foreign corporations or investment
trusts, mortgages or mortgage participations, and common trust
funds, even though such property would not be considered
appropriate or legal for a fiduciary apart from this provision.
(c) To sell, convey, exchange, partition, give options
to buy or lease upon, or otherwise dispose of any property, real
or personal, at any time held by them, with or without order of
court at their option, at public or private sale or otherwise,
for cash or other consideration or for such ~redit terms as they
think proper, and upon such terms and for such prices as they may
determine, and to convey such property free of all trusts.
(d) To borrow money from any person, including any
fiduciary hereunder, for any purpose in connection with the
administration hereof, to execute promissory notes or other
obligations for amounts so borrowed, and to secure the payments
- 4 -
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of such amounts by mortgages or pledges of any property, real or
personal, whioh may be held hereunder.
(e) To make loans, seoured or unseoured, in such
amounts, upon such terms, at such rates of interest, and to such
persons, firms or corporations as they may deem advisable.
(f) To renew or extend the time for payment of any
obligation, seoured or unsecured, payable to or by them, for as
long a period of time and on such terms, as they may determine,
and to adjust, settle and arbitrate claims or demands in favor of
or against them.
(g) In dividing or distrtbuting any property/ real or
personal, included herein, to divide or distribute in cash, in
kind, or partly in cash and partly in kind.
(h) To hold, manage, and develop any real estate which
may be held by them at any time, to mortgage any such property 1n
such amounts and on such terms as they may deem advisable, to
lease any such p~operty for such term or terms, and upon such
conditions and rentals as they may deem advisable, whether or not
the term of any such lease shall exceed the period permitted by
law or the probable periOd of retention under this instrument; to
make repairs, replacements and improvements, structural and
otherwise, in connection with any such property/ to abandon any
such property which they may deem to be worthless or not of
sufficient value to warrant keeping or protecting, and to permit
any such property to be lost by tax sale or any other
proceedings.
(i) To employ such brokers, banks, custodians,
investment counsel, attorneys, and other agents, and to delegate
to them such duties, rights and powers as they may determine, and
for such periods as they think fit.
(j) To register any securities at any time in their
names as fiduciary, or in the names of nominees, with or without
indioating the trust character of the securities so registered.
(k) With respect to any securities held hereunder, to
vote upon any proposition or election at any meeting of the
person or entity issuing such securities, and to grant proxies,
discretionary or otherwise, to vote at any such meeting; to join
or become a party to any reorganization, readjustment, merger,
voting trust, consolidation or exchange, and to deposit any such
securities with any committee, depository, trustee or otherwise,
and to payout of the trust created herein, any fees, expenses,
- 5 -
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,
and assessments inourred in oonnection therewith; to e~ercise
conversion, sUbsoription or other rights, and to receive or hold
any new securities issued as a result of any such reorganization,
readjustment, merger, voting trust, oonsolidation, exchange or
exeroise of conversion, subscription or other rights and
generally to take all action with respect to any suoh Recurities
as oould be taken by the absolute owner thereof.
(1) To engage in sales, leases, loans, and other
transaotions with the estate of the Settlor, the estate of her
husband, or any trust established by either of them, even if they
are also fiduciaries or benefioiaries thereof.
(m) To make all neoessary proofs of death under the
insuranoe polioies of which they are the beneficiary, to execute
any receipts for the proceeds and to institute any action to
collect said proceeds and to make adjustments of any claim
thereunder, provided, however, that they Ileed not institute any
action unless they shall have been indemnified against all
expenses and liabilities to which they may become subject as a
result thereof. If, however, they desire to institute such
action without indemnification, they are hereby authorized to be
reimbursed for all expenses and liabilities incurred as a result
thereof from any amounts which may be held in trust hereunder
then or thereafter.
(n) To operate, own, or develop any business or
property held hereunder in any form, including without limitation
sole proprietorship, limited or general partnership, corporation,
association, tenancy in common, condominium, or any other,
whether or not they have restricted or no management rights, as
they in their discretion think best.
6. Spendthrift Clause. No interest (whether in income or
principal, whether or not a remainder interest, and whether
vested or contingent) of any beneficiary hereunder shall be
subject to anticipation, pledge, assignment, sale or transfer in
any manner, nor shall any beneficiary have power in any manner to
charge or encumber his or her said interest, nor shall the said
interest of any beneficiary be liable or subject in any manner
while in the possession of the fiduciaries for any liability of
such beneficiary, whether such liability arises from his debts,
contracts, torts, or other engagements of any type.
7. Facilitv of Payments for MinorB or Incomoetents. Any
amounts whioh are payable or distributable hereunder to a minor
or incompetent may, at the discretion of the fiduciaries, be paid
or distributed to the parent or guardian of such minor or
- 6 -
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SOHEDULE A
,
Ona Dollar ($1.00)
I, t.he undersigned LUCULE E. HERSHEY, this ll-J. day of
~'4 ~, ,1992, do hereby aoknowledge that in my oapaoity as
Sett O~Of the aforegoing Estate Plan Agreement of Trust, I have
paid to myself as Trustee thereof One Dollar ($1.00) in oash,
suoh'payment representing the initial funding of suoh Trust.
~wl [. ~MV'
LUOILLE E. HERSHEY
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..' I J
ESTAT~ OF LUCILLE E. HERSHEY,
JOHNO. HERSHEY, Execut9r
No. 1994-00364
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
DISCLAIMER
. t~ d
MADE THIS ,30 'Il ay of December, 1994/ aa follows:
1. The undersigned, John O. Hershey ("Disclaimant") /
is the surviving husband of Lucille E. Hershey, deoeased
("Decedent"), who died a resident of Cumberland County on
April 2, 1994.
2. Under Section 2 of the Will of the Decedent (filed for
probate at No. 1994-00364), the residua of the Deoedent's Estate
is bequeathed, devised and appointed to an Estate Plan Agreement
of Trust ("Trust") of the Decedent, dated May 6, 1992.
3. Subsection 3(d) of the Trust provides as follows:
"(d) After Husband's Lifetime: Limited Power of
ADDointment bv Husband. Upon the death of the survivor
of the Settlor and her husband, if he survives the
Settlor, the Trustee(s) shall pay the balance held in
the Trust, outright or in trust, in such amounts or
proportions to or for the benefit of any or all of the
Settlor's issue as her husband may direct in his will
making specific reference to the Trust hereunder. To
the extent that the Settlor's husband should fail to
exercise effectively his limited power of appointment
over the Trust, or if he should predecease the Settlor,
then from and after the death of the survivor of the
Settlor and her husband, the principal remaining in the
Non-Marital Trust shall be distributed to the then
Trust.ee(s) under the Estate Plan Agreement of Trust of
the Settlor's husband, dated May 6, 1992/ to be made
part of the Non-Marital Trust under such Estate Plan
Agreement of Trust of the Settlor's husband,' and to be
administered and distributed along with the other
assets of such Non-Marital Trust. Said Estate Plan
Agreement of Trust of the Settlor's husband oontaining
suoh Non-Marital Trust of the Settlor's husband, is in
existenoe as of the date of execution of the within
Trust and it is the Settlor's intention, if necessary,
to validate the foregoing distribution to the
Trustee(s) of the Settlor's husband's Estate Plan
Agreement of Trust, to inoorporate herein by reference
its terms and any amendments thereto."
"
~ 'Il~'?
jot:
REV-1547 EX AFP (08094* d
COHHONHfALlH OF PENNSVLVINIA ACN 101
OEPARTHENT OF REVENUE NUTICE OF INHERITANCE TAX
BUREAU OF ,HOt'lOUAI TAKES APPRAISEHENT, ALLOWANCE OR OISALLOWANCE
[STATE OF t-m~ T -r FILE NO. 4- 36i
DATI! OF DEATH 04-02-94 COUNTY CUMBERI.AND
c
NOTE. TO INSURE PROPER CREDIT TO YOUR ACCOUNT, SUBHIT THE UPPER PORTION OF THIS FoRH NITH YOUR TAX
PAYHENT TO THE REOISTER OF HILLS, HAKE CHECK PAYABLE TO "REOISTER OF WILLS, AQENT"
REMIT PAYMENT TOI
RICHARD R LEFEVER ESQ
MCNEES ETAL
PO BOX 1166
HBG PA 17108
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
A~ount Ra~lttod
J
CUT ALOND THIS LINI! ~ RETAIN LOWER PORTION FOR YOUR RECORDS ....
REV: i ircii" iif -A FP"" f os": 94 i"" tioT"i c r "oF."{ NHiR i;: A 1fc E - T"AX. APpiiii i siifitir; -A i. i."oWANc E. '(jli.... - 0"."." -. - -""
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
I!9rATE OF HERSHEV LUCILLE E FILE NO. 21 94-0364 ACN 101 DATE 11-07.94
TAX RETURN HAS. I X I ACCEPTED AS nLED
RESERVATION CONCERNING FUTURE INTEREST . SEE REVERSE
~PPRAISED VALUE OF RETURN BASED ONI ORIGINAL
1. Raal Eltoh ISchaduh A)
2. Stookl and Bondi ISohaduh B)
S. Clolaly Hold Stock/Partnarlhlp Intaralt (Schadula C)
4. Hortgagal/Hotal Raoalvobl. ISchldula 01
S. Calh/Bank Oapolltl/Hllo. Parlonol Proplrty (Soh.dula E)
6. Jointly Ownad Proparty (Sohadula FI
7, Tranlhrl ISohaduh 0)
8, Totel A..ah
APPROVED DEDUCTIONS AND EXEMPTIONS I
9. Fun.ral Expan.../Adll, COlt,lHila. Expan... (Schedull H)
10, Oabtl/Hortglga Llabllltl.I/Llan. (Schldul. I)
11. Totel OaducHonl
12, Not Valua of Tax Raturn
15, Charlhbh/Oovarn..nt.l Baou..h (Sohadul. J)
14, N.t Valua of Eltota Subj.Ol to Tax
NDTEI If.n ......m.nt w.. i..u.d previou.ly, line.
r.fl.ct figure. that includ. the total of ~
ASSESSMENT OF TAXI
lS, A~ount of Llna 14 ot Spoulal rata
16, A~ount of L1na 14 toxabl. at L1nnl/Cl..1 A r.te
17, A~ount of Llna 14 taxobl. at Coll.tlral/Cl.11 B rata
le. Prlnolpal Tax Du.
TAX CREDITS I
PAYHENT
DATE
06-1~'94
06-14-94
RECEIPT
NUHBER
MM886176
MM886177
DISCOUNT I')
INTEREST I')
1,321.05
38.07
(9)
(10)
115)
116 )
117)_
I ) CHANOED
,00
449,569,06
,90
,.Q.Q..
17.319.42
.00
.00
(8)
(1)
(2)
IS)
(4)
IS)
(6)
(7)-
466,888.48
8,969.17
4.879.80
Ill)
(12)
I1Sl
(14) _
13,848 97
453,039.51
.00
453,039.51
14, 15 and/or 16, 17 and 18 will
rat urn. alsll.ed tc date.
,00
453,039,51
,00
,00
27.182.31
.00
27.182.37
X .00,
X .06,
X .15.
I1BI
AHOUNT PAID
25,100.00
723.25
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST
TOTAL DUE
27,182.37
.00
----
,00
,00
o IF PAID AFTER DATE INDI~ATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST,
I IF TOTAL DUE IS LESS THAN 11, NO PAYHENT IS REQUIRED,
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE Of' THIS FORH FOR INSTRUCTIONS.)
i-'
I
uO
REIERYATIONI E.t,t,. 0' d.c.d.nt. dvlng on or b.for, D,c.lb.r 12, 1982 .. if ony future intlr..t in the I.tht. I' tr.n.f.rr.d
In POI....lon or .nJoy..nt to ele.. a (oollet.r.l) b.n.floltri., of thl d.c.d.nt .ft.r the .xplrntlon of any ..t.tl for
11ft or for y..r., thl Co..onw..lth hlrlby IMpr.,.ly r...rvI. the right to .ppr.i.. end ...... tr.n.flr Inhlrlt.ncl T'M"
It thl 1.wful C1II, a (coll.t.r.l) r.t, on .ny .uch future Int.r.'t.
P~POSE OF
NOTICE. To fulfill thl r.qulr...nt. of S.otlon 2140 of the Inh.rlt.nc. and E.tetl laM Aot, Act 2Z of 1991. 72 P,S.
S.cUon ZUO,
O.t.oh the top port Jon of thl, Notlc. and ,ub,Jt with your plYI.nt to thl R.al,t.r of Will. prlnt.d on thu r.v.r.. .Ide.
"H,kI ch.ck or 'onlY ordu p.y.blt tOI REGISTER OF' MILLS, AGENT
All p.y..nt. r'o~Jv.d .hall 'Ir.t b. applJ.d to any Int.r..t which IOY h. dUI with .ny r.lalnd.r appll.d to the t.M.
REFUND (CR)I A r.fund of D tlM cr.dlt, which was net r.qu..tld on thl T'M Rlt~rn, n.y bt r.qu..tld by co.pl.tlng In "Application
for Rdund of P.Mlylvlnlo Inh.rltlnc. and EttltCl Tall" (REY-UU>. Application. ar. Ivallabll at th.Offlco
of the R.gI.t.r 0' Will., any of the 23 R.v.nuI 01.tr10t O'flcl., or by cllllng thl .p.clol 24-hour
In.wlrlng ..rvlc. nUlb.r. for forll ord.rlngl Jn P.nn'Ylvanl. 1-800-362-Z0S0, out.ld. P.nn.ylvlnl. and
within 10c.1 Herrltburg erll (111) 187-8094, TOO. (7171 17Z-22S2 (Hurln" IIpaired Only).
PAVNEHTI
OBJECTIONS I Any p.rty In Int.r..t nct .Itl.fled wJth the Ippr.I....nt, allowlnc. or dll'llow.nc. 0' d.ductlonl, or 1,'I....nt
of taM (Including dl.ccunt or Int.r..t) a. .hown cn thJ. Notlc. ~u.t obj.ct within .INty (60) d.y. 0' r.c.lpt of
thlt Notice bYI
-.wrltt.n prct'.t to the PA n.pert".nt of R.vlnu., Board of ApPlltt, DEPT, 281021, H,rrltburg, pA 17128.1021, OR
-.II.otlon to hay. thl utter deterMln.d .t ludlt 0' the 13cecunt of the p.rto".l repr...ntlltl'f', OR
.-.pp..l to th. Orphan,' Court.
ADNIH
ISTRATlVE
CORRECTlOH1.
F.otu.1 Irror. dl.cov.rld on thJ, ........nt ,hculd b. nddr....d In writing tal PA U'Plrt,.nt of R.v.nuI,
Burllu 0' Indl...ldull lIllIl, ATTNI Pc.t A.......nt R.vlew Unit, OEPT, Z8U601, Harrisburg, PA 17128-0601
Phon. (717) 787-6505. Se. page 3 cf the bockllt "Inttructlcn. for Inherlt.nc. Tex R.turn 'cr a R"ld.nt
O.t.d.nt" (REY.ISOI) for .n .Mplanltlon 0' .d.lnl.tr.tlv.ly corr.ct.bl. .rror.,
DISCOUHT,
If .ny till nUl II p.ld within thr.. (3) cal.nd.r lonth. a't.r thl d.ced.nt'. d.ath, . flv. Plrc.nt (5~) dllcount of
the tlM paJd I. .llowed,
IHTERESTI
Int.rl.t I. chlrgld blglnnlng with flr.t dlY of d.llnqu.noy, or nln. (9; .onth. and on. (I) dlY 'roil thl dati of
d.ath, to th. dati of PIVI.nt. TIMI. which b.c... d.llnqu.nt b.for. Janulr1 I, 198Z b..r Inter..t It the r.t. of
.he (6iO perclnt per InnUI cllou1atlcllt a dIlly rete 0' ,000164, All talC.. whloh b.o... d.llnq\J.nt on Ind .fter
January I, 1982 will b..r Int.r'lt It I rftt. which will vary frol cal.ndar y.or to cal.ndar Yllr with that r.t.
announc.d by the pA nlplrt.lnt of RIv.nUI. Thl .pplic.bl. Int.r..t rat.. for 1~8Z through 1994 ar.:
~ Inter".t R.t. O.lly Int.rl.t F.ctcr Y!!! Jntsr..t Rat. DailY Inter..t F'Qtor
1912 20! .UOO548 1986 10! .00027.
1915 16! .000.18 19" 9% .000241
1914 m .000301 1988.1991 m .000501
1915 15! .000356 1992 9% ,000247
1"5-1'" n ,000192
-.Int.r..t I. calculatld .. follcw'l
INTEREST . BALANCE DF TAX UNPAID X NU"BER DF DAYS DELINQUENT X DAILY INTEREST FACTDR
.-Any Notlc. I..u.d aft.r the tlM bleOI.. d.llnquent wlJI rl'llot an Int.r..t calcul.tlon to flft.tn (15) d'VI
buyond thl dtt. of the ........nt. If p.ye.nt II ,.d. aft.r thl lntlr..t cc.putatlon dati .hown on thl
Nottc., Iddltlcn.l lnt.r'l~ IU.t bt calaul.t.d.
(
.~
eRUCt O,IAOlL'f
TlAm' A, BOSSERT
ALANA,lIO'1mON,JR,
tAlC L, BAOSS/olAN
ROI(RT Iol. CHtRRV
Wll.UAM A. CUUNVTf
00\V10B.OlaHtl'
IolICHAlL A, DOCTRON
lUZMtTH A. OOUOHt:AN
HAfNI'I' ,RUDENlKRO
JAMDI L, ,RITZ
'1Y<NC15 D, HMS,,JR.
W,JU'FtfJA.MOUNtAU
JotICHAtL Q, JAAMAN
O'\V10...,ICUPf>lNOCR
B(RNAAOA. LAlUSf(LS, JR,
DlLANO 101, LANtZ
R!CtlAAOR,LtrMR
MVtD t. LlHIM.H
CL'r[)(W,Iol~INTYRr.
rRANll,LlN A. MillS, JR
ROOtRT A. MIllS
61r:F'HtNA,MOOAC
U[RMRT R NURICK
JOHN &. OVUR
TIMOTHY J, PrtSTCR
o.AA'1A,mn[R
[ClNAAOW, noHtMAN
H,LUfK)l.JSb[L
0ANA811:vtNSlCADUTO
I. BF.RHt SMITH
~mO,llCfl
McN EES, WALLACE & N URICK
ATTORNEVS AT LAW
100 PINE STREET
p, 0, BOX 1166
HARRISBURG, PA 17106'1166
rmPHON[ 17171 23a'BOOO
FAX 17171237-5300
RlCHAAOW,bTMN5ON
OlANtM,l()t1.,1.RS1(Y
UflVlDH,'fIATTI.JR
9TtvLN J, Wt:INcwntN
NtAL 8 WEe'
flonMAN I. 'Mille
cwtf,., vtNKCM'St(1
WtLLIAMM,YOUNo.JR
Of" COUH5I:L
ROfI[RT H. ORl9MX.O
B.AIo4UtL A, &CHRtCKtHa.\tJ5T, JR,
ERIC N,""lHCY
.JoNAltlAN C, Ol'RR"l'
OAtTT 0, DAVIS
JAMUP,DcAHG[LO
JAMUP.OOUOHtRfY
M1HLttN A, DUNST
ROSERT J. OOOUIO
June 13,1994
00 ,
r: ,
,
\
\.fl
:~', .
~' , U
In re: Estate of Lucille E. Hershey
Estate Administration
Our file: 16458-0001
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Dear Sir/Madam:
ICOtl A. GOUlD
p, NICHOlAS OUAll~t5CIl[l1l
ROG[R!' Q,ltMB
tlIMN,. JACK!K'+l
OOtW.D e. ll,AurMAtj
MICHAEL If, Kl:LLtV
flCUR',ltR1U[
JAMt6W.KUrz
CAMILLE C, MAAlON
IHAAON fl. PM-TON
CHUONOH,PH.....
JONATHAN H. RUOO
CAROl. A IU:INOUR
CATHERlNt [,WALtERS
LA'MttNCtR.Wltt1(R
DtRRICKP,'MLUAMOON
:-r')
"
"
,
:0
Enclosed for filing on behalf of the Estate of Lucille m.
Hershey, Estate No. 364 of 1994 are the following documents:
1. An original and one copy of the Cumberland
county Inventory.
2. An original and one copy of the pennsylvania
Inheritance Tax Return.
3. Two checks totaling $25,623.25 representing
payment of the Inheritance Tax which is due.
4. A check made payable to the Register of Wills
in the amount of $31,00 representing the filing fee for
the Inventory and Inheritance Tax Return.
5, The Certification of Notice as required under.
Rule 5.6(a).
Please note that a discount has been tak~n in the amount of
$1,359.12 as the r.eturn is being filed and the tax is being paid
prior to the expiration of the three-month period from the date
. of death.
STATUS REPORT UNDER RULE 6.12
Name of Decedent I Lucille E. Hershey
Date of Deathl Apr.ll 2, 1994
Will No. Admin. No. 21-1994-lfi4
Pursuant to Rule 6.12 of the Supreme Court Orphans'
Court Rules, I report the following with respect to completion of
the administration of the above-captioned estate I
1. State whether administration of the estate is completel
Yes_~ No____
2. If the answer is No, state when the personal
representative reasonably believes that the administration will be
complete I
3. If the answer to No.1 is Yes, state the followingl
a. Did the personal representative file a final
account with the Court? Yes No X
b. The separate Orphans' Court No. (if any) for
the personal r.epresentative's account iSI
c. Did the personal representative state an
account informally to the parties in interest? Yes X No
d. Copies of receipts, releases, joinders and
approvals of formal or informal accounts may be filed with the
Cerk of the Orphans' Court and may be attached to this report.
~(,C'
, ~ :1\f~II.
Sign ture
c(f'15/~1t
"'- n
lo,: (
::i
')
'Rate I
;I:~~
, ,"
\CJ
-
..
, >-
,J l,; ~
(5'\,"
o ("i
wa: i9.
It
"
, II
.", '-'
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GO
Richalu R. Lefevor, Esq.
Name (Please type or
100 PIne street
Harrisburg, PA 17108
Address
print)
( 717 I 237-5222
Tel. No.
CapacitYl Personal Representative
X Counsel for personal
representative
(MAH IrmU AM3)