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Home My WebLink About06-20-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLV~ Estate of John S. Troaner. Sr. also known as File Number d f-()1-tJS9o , Deceased Social Security Number 179-12-2155 John S. Troaner. Jr. and Blair S. Troaner. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) [Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Co-Executors named in the last Will of the Decedent dated 1/4/1996 and codicil(s) dated N/A Emma B. TroQner, first-named executor, died on 3/8/2001 Her estate has been probated in Cumberland County, docketed to Estate No. 21-2001-395. Continued on a Separate Page (State relevant circumstances, e.g., renunciation, death I!f 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: D B. Grant of Letters of Administration (If applicable, enter: c.t.a.; 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: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi Residence n8-n (COMPLETE IN ALL CASES:) AUach additional sheets ifnecessary. ~O:JJ -f County, Pennsylvania, with his / her last principal ~dence at Upper Allen Township. Cumberland County. PA ::;:: CE .i, ) 1 -n c5 r- fTl ~/"'~ f,~) , ':; Decedent was domiciled at death in Cumberland 100 Mt. Allen Drive, Mechanicsburg, (List street address, townlcity, township, county, state, zip code) u -wo')') Decedent, then 83 Mechanicsbura years of age, died on 5/31/2007 at Messiah Villaae Cumberland Couhtv PA Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ 3 million $ $ $ situated as follows: N / A Wherefore. Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Typed or printed name and residence John S. Trogner, Jr. 288 Old Fort Rd Lemo ne Blair S. Trogner 4 ent Point Rd Lemo ne PA 17043 PA 17043 Page 1 of2 Form RW-02 rev. /0.13.06 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affrrm(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 or affirmed and subscribed before me the :J..O+" L day of ~ J...XUt , ?007 ~121"~:> Q. Cl,,.i I For the Register Signatur Signature of Personal Representative Signature of Personal Representative File Number: ~ I -en - OS~ 0 Estate of John S. Troaner. Sr. , Deceased Social Security Number: 179-12-2155 Date of Death: 5/31/2007 AND NOW, ~ '-"-"- .l2 , 2Q07 , m comidcration of the foregomg Petition, "ti,factory pmof having been presente before me, IT IS DECREED that Letters Testamentarv are hereby granted to John S. Troaner. Jr. and Blair S. Troaner in the above estate and that the instrument(s) dated Januarv 4. 1996 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. TOTAL ............................. $ 1,660.00 $ 40.00 Attorney Signature: $ $ 15.00 Attorney Name: Dean A. Weidner. Esauire $ 15.00 Supreme Court J.D. No.: 06363 $ $ Address: WIX. WENGER & WEIDNER $ 508 N 2nd SUPO Box 845. Harrisbura $ $ PA 17108-0845 $ $ Telephone: (717) 234-4182 $ 1,730.00 FEES Letters ............................. Short Certificate(s) 09.L. Renunciation( s) ................ Hill JCP & Automation Form RW-02 rev. 10.13.06 Page 2 of2 H105.805 REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. 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 Date (") Co ~:o p."I.o ::0 .r- ;- m ~CI5~ c.JOO C")O-n OC:: : ::0 :0-1 )> thn- /Jl ~. . Local RegiS~ p 13356034 JUN 0 5 2007 a Soc:i,I 8ecu!ity Number 4. Dele of De'Ih (Monlh. day. yesr) 179 - 12 - 2155 Ma 31 2007 Sa. Place 01 Deeth (Check on~ one) HospItal: Other: o Inpelient 0 ER / CuIpa!"'1 0 DCA Qd"NUrstng Home 0 Residence Oath" . Sped~. 9. Was Decedent of Hispanic Origin? !Xl No 0 Ves 10. Race: .Amerlean Indian, Black, White, etc. (11 Y"'. -"y Cuben. (Spec/M Mexican, Puerto Rican, elc.) No. REV 1112006 PRINT IN !ANENT CKINK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER 5. NJ8 (Leet Birlhday) Sr. 6. D,Ie of Il\r1tI (MonIh. rI8 . Y"a~ 7.Bi ce(e' andstateor 83 August 2, 1923 Takoma Park, MD Vrs. Bd. Facillly Name (II no! _. giYe ..... and number) Twp. ~ t;. . ,...., c:::o c:::o -.I c... c:: Z N o > :J: CD W -.I i=H r~ C"-, '"J l_l.~ 2:0 . j ~:-) fTf iTI ::n C.J (--~) 0'1'1 ...,., C"-) rTj mosfof Iifo. Do naI stale Knlof_/lndut1Iy Real Estate Develo 13. Decedenf'. ducallon (~on~ highesl grade oompleled) Elementary / Secondery (1l-12) CoUege (1-4 or 5+) 12 4 12. Was Decedent ever in the U.S. Armed Forces? ~Ves ONo . 16. -.r. Mailing Addlfis (SbeeI. cify / town. "'Ie. zip code) 100 Mt. Allen Drive Mechanicsburg, PA 17055 16. Fa1het". Name (RrsI. m_.Iaat. suffix) Arthur M. Trogner 2Oa. Informanrs Name (Type I Print) Blair S. Trogner, Sr. 218. Methodofllilpooilion I Oc_ ODonetion 21b.DetoolQ;apoolllon(Monlh.rI8y.y98rl QJ BurI8I 0 RemoYeJ llom Slat. ! WlII er.metlon or DonelIon Authorized 6 o Ofher.SpecHy. I by_EumM/COtonIr'I OVesONo June ,2007 Rolling Green Memorial Park 22a SiQnl! (or person ac\Ing as such) 22b. Uo8Oee Number 22<. Name.nd Address of Facilly . ~ Parthemore FH & CS Inc.. P.O. Box 431 23b. Liconee Number Dec:edont's Actual Residence 171. Stale Did Decedenf liveina Townsh~? Pennsylvania Cumberland 17c. eg Ves. Decedent Uved In 17d.O No. _ Uwdw1thin AclueI UmiIs of Upper Allen City / Boro 17b. Coun~ 19. Mother's Name (First, rnil:klIe, maiden Sumaillt) Evel n Serrirt 2Ob. Inlormanr. MeJIilg Add"" (SIr.... cify 1_. stale. zip code) 4 Sentr Point Road, Lemo 21<. Place of Disposition (Name of ","et.ry. crometory or _r place) 2.d. Location (City 1_. stale. zip code) ower Allen Twp., PA 17011 New Cumberland PA 17070 23c. Dot, SIgned (MonIh. rtey. yes~ 24.11me of Oealh Perfil: Enterothefslmilicantc.mrlllonlc:ontrbJllnalodRillolh but not I'8SlJIing in the underlying cauugiYen in Part I. 26. Was Case Referred 10 MelIcal Examiner I Coroner for a Reason Other than Cremalton or Donation? o VIS IiQ No 321. 'T_tionInjury (SpocIfy) ODrivor/Operator OP_r 0-", Qther.SpocIfy: 33e.CettIIIor(c:hoc:k~one) :.S\gna1ure~~~~ /A/7 A.Ah //Y' /) . ~~~==:.~~"=-<~~':~_~~_~~~~~_________________ 0'" o./'~/...-.--. 'Y Pnlnounclng one! c:ortIfyIng phyIIcton (~ both pronouncing _h and certIfylng to ,,"" of deeIh) . Uconae Number 33d. Dale S9>od (Monlh. rtey. y98r) TolhebeelofmylcMwtedgo.__otlhetimt.dato.one!plece.ondduetoIheC8llOO(.)one!menneresatotecL___________ ---- -- /YJ/J If JS'I 7!s- 1)(,- 01- ;loo7 . =' =..= one! / or I-~Ion, In my~"'" deeth occuned otlhe lime. _. one! ptoc:e..od due to Ihe cauee(.) ond mennor u otetecL 0 ...-..... ....._, ~;;~"';e~~PI~(IIem27) Type/Print I~ II~II' ( ~t;f"'~:I/~X 17d't{'" 3: 3()~M CAUSE Of DEATH (See In_ and... ) 'om ZI. ParI I: Enter Ihe -..m..IlI!IIllI- _. injurtee. '" compIk:elloro -1hoI diodIy ceueed Ihe _. DO NOT enter _ ........ such u canIac "1''''. ""*"",,a_."'VII1I__-"llI1owIl'4lthe~. UsI~oneC8UllOon_'ne. c. I Approxlmele 1nII1YIIl: I Onset to Death , I I : t5/ ~S I I I I I I I I I I ttd~d /bA.~1?U dU!.U("win, duHL,.c/ia, =e~=~ . jJYUU-W'l()/'U ~ Oue toI,,,,u ,_of): ~"'c:ond\IonI.II'"'1. 10 ClUllIIAId on Ine a. Enter _YIlO CAUSE =-~~~ b. Oueto("'SI'_of): Due 10 (or 81 a ooneequence of): d. 32g. LocetIon of Injury (Slteet. cify f town. _I 300. Wall en Autopsy - :no. Wote"'- Findings A,__foCon>l>let\on of Cause of Death? 31.~ofOeelh 0'- D- O Accident 0 Pendlngl~ o Suicide 0 Could Not be Del8rmined M. 32d. Tme of Injury OVes ~ o Ves IEf No OIeposjjlon Penn' No. f"\ I l'7 Il.( 0 Twp. 26. Old Tobec:co Use ConIrIIule fo Dealh? DYes OPtobebly B'f;o 0 u_ 29.11_: o NotplOgllll1lw1ftinpeety98r o PoognanteJlinoof_ o Not_bulplOgllll1lwilhin42r18ys of_ o NoI_bulplOgllll1l43r18ysfo'y98r befonI_ o ~1I_wilhinthepeety98r 320. Place of Injury: Home. FII1ll. Slteet. Fadory. omca BuiIdng. otr:. (Specity) a LAST WILL AND TESTAMENT Co ;:::0 ~:Fa OF =!1~Fn ~z:o JOHN S. TROGNER, SR .:; ~~ cJO-n I, John S. Trogner, Sr., of silver spring TO~~ip, ~ Cumberland County, pennsylvania, which I hereby declare to be r--.l <:::) <:::) -oJ <- C % N o :JJ \c~) (~?-:) r::( ::0 C""' r :~.i~l ~:~ :I:JIO 3 "R eN ~ domicile, make this Will, hereby revoking all my former wills and codicils. Article One specific Beauest of Tanaible Personal ProDertv Sl.l I bequeath to my wife, Emma B. Trogner (hereafter "My Wife"), if she shall survive me, all my tangible personal property, including, by way of illustration and not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects. Sl.2 If My Wife does not survive me, I bequeath all of my tangible personal property to my children who survive me in equal shares to be divided among them as they may agree. In the event my children cannot agree, I direct my Executor to distribute my tangible personal property to my children in as nearly equal shares as possible. Sl.3 To the extent possible, I bequeath any policies of insurance covering specific items of my tangible personal property to the beneficiary entitled to the specific item of property. Sl.4 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid as an administrative expense of my estate. Article Two Marital Beauest/Credit Trust S2.1 Upon my death, I direct that my Executor divide the residue of my property, real, personal and mixed, not disposed of in any preceding portions of my will into two parts identified as the Marital Bequest and the Credit Trust as more fully identified hereinafter. The Marital Bequest shall comprise 1 of 14 and be equal to the maximum marital deduction allowable to my estate pursuant to the Internal Revenue Code (the "Code"), reduced by: (a) any other amounts allowable to my estate as a marital deduction; and (b) any amount needed to increase my taxable estate so that the federal estate tax imposed thereon will equal all credits available against such tax (other than for state death taxes designed to claim the credit under S2011 of the Code). The Marital Bequest shall only include assets which qualify for the marital deduction, valued at the date of distribution, and which, to the extent other assets are available, shall not include assets for which a foreign death tax credit is available. All assets not specifically bequeathed or not included in the Marital Bequest under this Article Two shall be included in the Credit Trust. S2.2 I give, devise and bequeath the Marital Bequest to My Wife, Emma B. Trogner, and direct that my Executor pay such amount, outright, to My Wife. In the event My Wife does not survive me, I direct my Executor to add the assets of the Marital Bequest to the Credit Trust, for distribution by my Trustee in accordance with the remaining provisions of this will. Article Three Credit Trust S3.1 I give, devise and bequeath to my Trustee, herein named, the assets constituting the Credit Trust to be used for the benefit of My Wife and My Children, or their issue, in trust, in accordance with the provisions of Articles Three, Four and Five hereof. S3.2 The Trustee shall have, hold, manage, invest and reinvest the principal of the Credit Trust, collect the income and pay over the net income in no less than quarterly installments to My Wife, Emma B. Trogner, if she is living. S3.3 The Trustee may also distribute to or for the benefit of My Wife so much of the principal of the Trust property as the Trustee, in the Trustee's discretion shall from time to time deem necessary or proper for My Wife's health, maintenance 2 of 14 and support, taking into consideration other available funds including her individual assets. S3.4 The Trustee shall also distribute to My Wife, upon written request from My Wife, principal of the Trust property not exceeding $5,000.00 per year or 5% of the Trust principal per year, whichever is greater, provided, however, that such annual distribution shall not be cumulated. S3.5 Upon the death of My wife, or if My Wife predeceases me, then upon my death, my Trustee shall divide the principal of the Trust into as many shares or parts as there are then living Children of mine and then deceased Children of mine represented by then living issue. My Trustee shall distribute all such shares outright to my living Children who survive me, or their issue, per stirpes, except the share which would go to my son, steven A. Trogner (if he survives My Wife and me). If my son, steve A. Trogner, survives My Wife and me, my Trustee shall hold his share as a separate trust fund for the benefit of my said son, steven A. Trogner and his issue, in accordance with the provision of Article Four hereof. Notwithstanding the foregoing provisions, if any Child of mine predeceases me and is represented by then living issue, then the share which would have gone to such Child shall be distributed in accordance with the provisions of Article Five of this Will. Article Four Trust for steven A. Troaner S4.1 I give, devise and bequeath one equal share of my estate established in accordance with the provisions of section 3.5 of my will to my Trustee herein named, or I direct that such property be held in continued trust, as the case may be, for the benefit of my son, steven A. Trogner, in trust, in accordance with the following provisions of this Article Four. S4.2 While my son, steven A. Trogner, is under fifty- five (55) years of age, the Trustee shall have, hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall apply to or for the benefit of my son, Steven, so much of the net income and, if the net income is insufficient, 3 of 14 so much of the principal of the Trust property as the Trustee, in the Trustee's reasonable discretion, shall from time to time, deem necessary or proper for steven's health, maintenance, support and welfare. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the Trust property. S4.3 At any time after steven A. Trogner attains forty-five (45) years of age, the Trustee shall, upon receipt of a written request from my son, steven, distribute to or for the benefit of my son one third (1/3) of his share of the principal of the trust property. S4.4 At any time after steven A. Trogner attains fifty (50) years of age, the Trustee shall, upon receipt of a written request from steven A. Trogner, distribute to or for the benefit steven A. Trogner one-third (1/3) of the principal of the trust property or if the Trust is established on or after his fiftieth (50th) birthday, such sums as do not exceed two-thirds (2/3) of his share of the principal of the trust property as constituted on the establishment thereof. S4.5 At any time after steven A. Trogner attains fifty-five (55) years of age, the Trustee shall, upon receipt of a written request, distribute to him all of the principal and income of his Trust. S4.6 If steven A. Trogner dies before the complete termination and distribution of his Trust, the Trustee shall distribute the property then held in Trust for steven to his then living issue, per stirpes, or if none, to my living issue per stirpes, subject, however, to being held in continued trust in accordance with the provisions of Article Five hereof. S4.7 Notwithstanding the preceding provisions of this Article Four, my Trustee shall not be required to make any distribution to my son, steven A. Trogner, in the event the Trustee determines, in his reasonable discretion, that making such a distribution will be detrimental to steven A. Trogner's health or welfare. 4 of 14 Article Five Trust for the Issue of Xv Deceased Children S5.1 For any Trust established for the benefit of the issue of a deceased child of mine, if any beneficiary is entitled to receive a mandatory distribution of property from my estate or from any trust created by this will and is under thirty-five (35) years of age, I devise and bequeath such property to my Trustee, herein named, or I direct that such property be held by my Trustee in continued trust, as the case may be, for the benefit of such beneficiary, in trust, in accordance with the following provisions of this Article Five. S5.2 While each such beneficiary is under twenty-five (25) years of age, the Trustee shall have, hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall apply to or for the benefit of such beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the Trustee, in the Trustee's discretion, shall from time to time deem necessary or proper for such beneficiary's health, maintenance, support and complete education. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. S5.3 After such beneficiary attains twenty-five (25) years of age, the Trustee shall continue to hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter-annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit of such beneficiary. S5.4 In addition to the foregoing, at any time after such beneficiary attains twenty-five (25) years of age, the Trustee shall, upon receipt of a written request from such beneficiary, distribute to or for the benefit of such beneficiary one-third (1/3) of the beneficiary's share of the principal of the trust property. S5.5 At any time after such beneficiary attains thirty (30) years of age, and prior to attaining thirty-five (35) years 5 of 14 of age, the Trustee shall, upon receipt of a written request from such beneficiary, distribute to or for the benefit of such beneficiary one-third (1/3) of the beneficiary's share of the principal of the trust property or if such beneficiary's trust is established on or after his or her thirtieth (30th) birthday, such sums as do not exceed two-thirds (2/3) of the beneficiary's share of the principal of the trust property as constituted on the establishment thereof. S5.6 At any time after such beneficiary attains thirty-five (35) years of age, the Trustee shall, upon receipt of a written request from such beneficiary, distribute to such beneficiary all of the principal and income of his or her trust. S5.7 If such beneficiary dies before the complete termination and distribution of his or her Trust, the Trustee shall distribute the property then held in trust for such beneficiary to the beneficiary's then living issue, per stirpes, or if none, to my living issues per stirpes, subject, however, to being held in continued trust in accordance with the provisions of Articles Three, Four and Five. If at the time of my death My wife has predeceased me and I have no living issue, the property shall be held and distributed pursuant to S5.8 below. S5.8 If I am not survived by My Wife or living issue, or if My Children die before the complete termination of their respective trusts and are not survived by living issue, the Trustee shall collect the remaining principal and interest of the Trust(s) and distribute the principal and interest of the Trust(s) to such person(s) and in such proportions as would be entitled to receive my estate had I then died intestate, a resident of Pennsylvania. Article six Definitions S6.1 As used in this Will, the following terms shall have the following meanings: S6.1.1 "My Children" shall mean my children, John s. Trogner, Jr., Blair S. Trogner, steven A. Trogner, 6 of 14 and Kristen Barr and any other children of my marriage to Emma B. Trogner, natural or adopted. S6.L2 "My Issue" shall mean My Children and their descendants, natural or adopted. Article Seven ADDointment of Fiduciaries S7.1 I appoint My Wife as Executor of this will. If My Wife is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my sons, Blair S. Trogner of Mechanicsburg, pennsylvania and John S. Trogner, Jr., of Mechanicsburg, Pennsylvania to serve as my Successor Co- Executors. In the event of the death, resignation, refusal or inability of either Co-Executor to serve, the remaining Co- Executor shall serve alone as Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my Successor Executors, as the case may be. S7.2 I appoint My Wife, my son, Blair S. Trogner of Mechanicsburg, Pennsylvania and my son, John S. Trogner, Jr., of Mechanicsburg, Pennsylvania to serve as Co-Trustees of any trust created by this will. In the event any of my Co-Trustees are unwilling or unable to serve as Trustees, the remaining Trustee{s) shall serve hereunder as Successor Co-Trustees. The last surviving Co-Trustee shall have the authority to designate an additional trustee, including a bank or trust company, to act as a successor. All references herein to the "Trustee" shall mean the originally appointed Co-Trustees or the Successor Co- Trustee, as the case may be. S7.3 I appoint the Trustee then serving hereunder as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college, university and 7 of 14 graduate education, and professional, vocational or technical training, without securing a court order. S7.4 If at the time of my death I am serving as a custodian of any Uniform Transfers to Minors Act or Uniform Gifts to Minors Act account and have the right to appoint my successor, I appoint My Wife as my successor. Article Eiaht Power of Fiduciaries S8.1 No fiduciary under this will shall be required to post bond or other security for the faithful performance of the fiduciary's duties. S8.2 Any such fiduciary shall have the following powers, in addition to those given by law: S8.2.1 To invest in, accept and retain any real or personal property, including bonds, notes, money market funds, general and limited partnership interest, mortgages, and the stock of a corporate fiduciary or its holding company, without restriction to legal investments; S8.2.2 To sell, exchange or partition either at public or private sale and upon such terms and conditions as my fiduciary may deem advantageous to my Estate or a Trust, any or all real or personal estate or interest therein owned by the Estate or a Trust severally or in conjunction with other persons or acquired after my death by my fiduciary 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 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 fiduciary in my Will; S8.2.3 To enter into and execute agreements of sale and long-term leases and ground leases for any duration; to hold, subdivide, improve and develop real property; to continue, terminate or refuse to renew any existing leases, agreements, mortgages or other encumbrances; to settle, compromise, negotiate, arbitrate, litigate or otherwise dispose of disputes concerning real property without court approval; to form and enter into partnerships (general and limited) and corporations; and to vote interests or shares therein; S8.2.4 To mortgage, create a security interest in, pledge, or hypothecate; to exchange or lease (including lease for a period extending beyond the term of the Trust created by this Will); or to license, publish or otherwise dispose of any shares, notes, securities, real estate, minerals, literary and other 8 of 14 9 of 14 trust property upon such terms, cash or credit, or both, as the fiduciary may deem advisable; S8.2.5 To make application for licenses and other documents to the proper local or state agencies, boards and bureaus; S8.2.6 To employ agents, accountants, attorneys, property managers, appraisers, contractors, engineers, architects, surveyors, real estate consultants, brokers and assistants and to pay their fees and expenses, as the Trustees may deem necessary or advisable to carry out the provisions of the Trust created by this Will; S8.2.7 To participate in any reorganization, consolidation, merger or dissolution of any partnership, or corporation, the stocks, bonds or other securities of which may be held at any time as part of the Trust property, and to receive and continue to hold any property which may be allocated or distributed to the fiduciary by reason of participation in any such reorganization, consolidation, merger or dissolution; S8.2.8 To vote any shares of stock which form a part of my Estate or a Trust and to otherwise exercise all the powers incident to the ownership of such stock; S8.2.9 To assign to and hold in a Trust an undivided portion of any asset; S8.2.10 To borrow money from any person, including any fiduciary acting hereunder if such loans are upon reasonable commercial terms, and to mortgage or pledge any real or personal property; S8.2.11 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass delivery; S8.2.12 To engage in litigation and to compromise, arbitrate or abandon claims without court approval; S8.2.13 To make distributions in cash, or in kind or partly in each, at current values, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; S8.2.14 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the paYments of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; S8.2.15 To join with My Wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent, for federal gift tax purposes, to having gifts made by My Wife during my lifetime treated as having been made half by me; S8.2.16 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under section 2631(a) of the Internal Revenue Code (which statutory exemption is presently $1,000,000.00), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; S8.2.17 To disclaim in whole or in part any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and beneficiaries thereof; S8.2.18 To merge, after the death of My Wife, any trust created hereunder with any other trust or trusts created by me or My Wife, under will or deed, if the terms of any such trust are substantially similar and are held for the primary benefit of the same persons, and if such merger shall not cause an adverse income, estate or generation-skipping transfer tax consequence; S8.2.19 To terminate, following the death of My Wife any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property, in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. The receipts and releases of the distributees will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; S8.2.20 To make distributions of the principal of the Trust to a beneficiary other than My Wife prior to the dates provided herein or to loan principal to such beneficiary, at the Trustee's discretion, in order to assist the beneficiary in the purchase of a principal residence or to assist the beneficiary in starting or acquiring a business. Article Hine provision for Taxes S9.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Three of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor, without reimbursement from or apportionment among the beneficiaries, recipients or owners of 10 of 14 such property for any such taxes, penalties or interest; provided, however, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property; provided further, however, the Executor shall not pay any supplemental federal estate tax, or any penalties or interest related thereto, imposed by section 4980A(d) of the Internal Revenue Code, which supplemental federal estate tax, together with any penalties or interest related thereto, shall be borne by the recipients of the qualified plan benefit (including my estate if it is a recipient of any such benefit) giving rise to such supplemental federal estate tax in proportion to the respective interest therein; provided, however, that no such taxes, penalties or interest shall be paid from the assets of any portion of the Marital Bequest made in Article Two which is elected to qualify for the federal estate tax marital deduction. Article Ten Provision for Debts and Expenses S10.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate, shall be paid from the principal of that portion of my estate disposed of by Article Three of this Will; provided, however, that no such debts or expenses shall be paid from the assets of any portion of the Marital Bequest made in Article Two which is elected to qualify for the federal estate tax marital deduction. Article Eleven Miscellaneous provisions Sll.l As used in this Will, the terms "Internal Revenue Code" and the "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provisions of subsequent law. Sll.2 If any beneficiary under this Will, other than My Wife, and I die under such circumstances that it is impossible 11 of 14 to determine which of us survived, or if any such beneficiary other than My wife shall fail to survive me for ninety days, it shall be conclusively presumed and this Will shall be construed as if such beneficiary, other than My Wife, predeceased me. If My Wife and I die under such circumstances that it is impossible to determine which of us survived, or if My Wife shall fail to survive me for ninety days, it shall be conclusively presumed and this Will shall be construed as if My Wife had survived me. Sll.3 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a person who is then a trustee of such trust, such person may not participate in any way in the decision whether to make such distribution. No Trustee who is under a legal obligation to support a beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the Trustee of that trust to distribute net income or principal in discharge of that legal obligation. Furthermore, no Trustee shall enter into any reciprocal arrangement with any other Trustee for the purpose of indirectly exercising a power prohibited hereunder. Sll.4 Whenever the Executor or Trustee is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the Trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute 12 of 14 such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Trustee to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. Sll.5 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by an beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or tort of such beneficiary now or hereafter made, contracted, incurred or committed, including, without limitation, attachment, levy and seizure by any creditor, spouse, assignee, trustee or receiver in bankruptcy, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign, anticipate, or encumber all or any part of the principal sums of such beneficiary's interests therein, respectively, or the income thereof. Sll.6 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be provided by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. Sll.7 Notwithstanding any other provision of this Will, upon the expiration of 21 years after the death of the last survivor of my issue living at my death, the trusts created by this will shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust 13 of 14 property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last will and Testament consisting of this and the preceding thirteen (13) pages this '-\+~ day of January, 1996. ( (SEAL) JohQ. signed sealed, published and declared by the above- named John S. Trogner, Sr. as and for his last Will, in the presence of us and each of us, who at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto and the day and year last above written. ai~ Residing at j; t:J>-ekM Ldxe' ~~J~ P4/7C7.sr- Residing at i.~ '-1 cft11./-LP~ J. MI"vc~,i.~:c Residing at COMMONWEALTH OF PENNSYLVANIA C 0"'\ bee \-and SSe COUNTY OF I, John S. Trogner, Sr., the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed S. Trogner, Sr., the Testator, John Expires: NOTARIAL SEAL . LISA M. LONG. Notary Public City of Harnsburg, Dauphin County Mv Commission Expires ADril 28. 1997 14 of 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~i...)r.'\bg.--,~d SSe We, ino-nc,,\ I ,( AJenqet and ~[) ?l. LA.-)e ,d..n-e--, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that each subscribing witness, in the hearing and sight of the Testator, signed the will as a witness; and that to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Ihr'lMC'-J L. f..,De.rq-?l and ~on ,::}. L.0e,rJ..n~ ,witnesses, this t-f+h day of January, 1996. UJlltd~ tdt11 witness ~O- m ~C/n~ otary Public My Commission Expires: (SEAL) C:\DAW\DOCUMENTS\JSTROGSR.WIl January 3, 1996 NOTARIAL SEAL . LISA M. LONG. Notary Public M CI~ of Harrisburg, Dauphin Coun~ Commission Ex ires A ril 28. 1997