HomeMy WebLinkAbout06-29-07
ZI-Dl- (PL/
C..DMMONWEALTH OF PENNSYLVANIA,
} ~:
f
.
COUNTY OF PERRY
I, C. JOSEPH REHKAMP, President Judge of the Common Pleas Court of Perry County, in the
Orphan's Court Division, DO CERTIFY, that the foregoing Certificate and Attestation made by WENDY M.
WELFLEY, Register of Wills and Clerk of Orphan's Court Division, whose name is thereto subscribed and seal
of said Court affixes, are in due form and made by the proper officer. IN TESTIMONY WHEREOF, I have
hereunto set my hand, this 220d day of June A.D. 2007.
U
Pleas Court of
Court Division
COMMONWEALTH OF PENNSYLVANIA, } ss:
COUNTY OF PERRY,
I, WENDY M. WELFLEY~ Register of Wills and Clerk of Orphans' Court Division of the Common
Pleas of Perry County, DO CERTIFY, that the Honorable C. JOSEPH REHKAMP, by whom the foregoing
Attestation was made, and who has hereunto subscribed his name, was at the time of making thereof, and still is
President Judge of the Court of Common Pleas of Perry County, in Orphans' Court Division, duly
commissioned and sworn to all whose acts, as such, full faith and credit are and ought to be given, as well in
Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
seal of the said Court, this 220d day of June A.D. 2007.
So
5~:o
;; -0 (")
;1$.-
- ".,
2;:0
cn^
00
:)O-Tl
('-)C
,"-' ::0
:-o-i
)>
f"..)
c=
c=
--.I
c-
c::
:z::
N
\D
---.-,.
i"i'1
(")
'"")
~1)
fj
n-l
C::J
c") C..::>
-r-l -'1'1
"-11
("")
__. r-n
"
:x
N
..
ex;)
""""--
"
...
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PERRY
ESTATE OF JULIA Z HOVERTER late of Millerstown Borough, Perry County,
Deceased, who died testate on March 11,2004.
TO THE REGISTER OF WILLS:
Cumberland County, Pennsylvania
I, Wendy M. Welfley, Register of Wills and Agent for the Commonwealth of
Pennsylvania, do hereby certify that Transfer Inheritance Tax on the Estate of the above
decedent was paid to me on June 2, 2004 in the amount of$IIO,OOO.OO and on November 10,
2004 in the amount of$II,163.03 and that the property of the estate on which said tax was paid
included, among other items, real estate located in Cumberland County, described in the
appraisement as follows:
Real Estate identified as Wickard Tract and Sunday Tract, located in Cumberland
County-19 acres each for a total of 38 acres, value by Robert Bingman and Robert H. Rumpf on
8/13/04.
valued at $190,000.00.
This certification is made to you in accordance with the provisions of Act No. 418,
approved July 11th, 1923.
In witness whereof I have hereunto set my
hand an seal of office, at New Bloomfield,
Pennsylvania, this 22nd day of June, 2007.
Executor, Administrator or Attorney
...
~
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF PERRY
)
)
ss:
Register's Office - June 22nd, 2007
I, Wendy M. Welfley, Register of Wills and Clerk of the Orphans' Court for the County
of Perry, in the Commonwealth of Pennsylvania, do hereby certify the foregoing to be a
full and perfect copy of
1. Last Will and Testament of Julia Z. Hoverter.
2. First Codicil to the Will of Julia Z. Hoverter.
3. Second Codicil to the Will of Julia Z. Hoverter.
4. Third Codicil to the Will of Julia Z. Hoverter.
5. Petition for Grant of Letters Testamentary.
6. Oath of Non-Subscribing Witness.
7. Certificate of Grant of Letters Testamentary.
8. Federal Closing Letter.
as the same remains on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the seal at New
Bloomfield, the date above.
,
..
v
...
"
LAST WILL AND TESTAMENT
21!
JULIA Z. BOVERT.BR
I, JUUA Z. BOVERTER., of the Borough of Millerstown, peny County, Pennsylvania,
being of sound and disposing mind, do hereby make, publish, and declare this to be my Last Will
and Testament, hereby revoking and making null and void all prior Wills and Codicils made by
me at any time heretofore.
ITEM I. I direct that all my legally valid debts, funeral and administrative
expenses, and debts incurred or payable because of my death, shall be paid by my Executors,
hereinafter named, from my residu81y estate as soon after my death as practicable. All death
taxes, including federal, state, and other death taxes, with respect to the property forming my
gross estate for tax purposes, whether or not passing under this Will, including any interest or
penalty imposed thereon, shall be considered an expense of administration of my estate, without
apportionment or right of reimbursement. Taxes on future interests may be prepaid.
ITEM II. I bequeath to my friend, AMOS J. M1LI.ER, the sum of Ten Thousand
Dollars ($10,000), if he survives me. If he fails to survive me, this bequest shall lapse and be
distributed as part of my residuary estate.
"
'-
.,.
'.
ITEM III. I give, devise and bequeath all of the residue of my estate, whether real,
personal, or mixed, and wherever situate, including any property subject to any power of
appointment which I may now have or hereafter acquire, to my husband, IA.WJlENCE L
HOVERTER, provided he shall survive me by ninety (90) days. Should my husband,
LAWRENCE L. BOVERTER, predecease me or die on or before the ninetieth day following
my death:
A. I bequeath the sum of Twenty Thousand Dollars ($20,000) to my friends,
AMOS J. MILLER and his wife, MARY JOYCE MILLER, or to the survivor of them,
said gift to be in addition to the bequest in Item II hereof. If both of them should
predecease me, this bequest shall lapse and be distributed as part of my residuary estate.
B. I bequeath the sum of Twenty Thousand Dollars ($20,000) to my friend,
DONNA FAYE ROVENSTINE of Sunbury, Pennsylvania; if she fails to survive me, this
bequest shall lapse and be distributed as part of my residuary estate.
C. I bequeath the sum of Twenty Thousand Dollars ($20,000) to LUCILLE
BLOSE ZEIDERS, widow of my nephew, of Palmyra, Pennsylvania; if she fails to
survive me, this bequest shall be paid to her son, WIIJJAM WARREN ZEIDERS. If
he does not survive me, this bequest shall lapse and be distributed as part of my
residuary estate.
2
...
y
'.
...
'..
'.
D. I bequeath the sum of Ten Thousand Dollars ($10,000) to DAVID
WARREN ZEIDERS, my grand-nephew. of Hershey, Pennsylvania; ifhe falls to survive
me, this bequest shall lapse and be distributed as part of my residuary estate.
E. I bequeath the sum of Ten Thousand Dollars ($10.000) to DIANE
ZEIDERS McCONNEU., my grand-niece, of Hershey, Pennsylvania; if she falls to
survive me, this bequest shall lapse and be distributed as part of my residuary estate.
F. I bequeath the sum of Thirty Thousand Dollars ($30,000) to WIU.IAM
CLARK SNYDER, my grand-nephew, of Binghamton, New York; if he falls to survive
me, this bequest shall lapse and be distributed as part of my residuary estate.
G. I bequeath the sum of Sixty Thousand Dollars ($60,000) to REBECCA
SNYDER CECERE, my grand-niece, of Hummelstown, Pennsylvania; if she fails to
survive me, this bequest shall be paid to her issue, Del stitves. living on the thirty-first
day following my death.
H. I bequeath the sum of Ten Thousand Dollars ($10,000) to FRANK M.
SNYDER., widower of my niece, of Newport. Pennsylvania; if he fails to survive me, this
bequest shall lapse and be distributed as part of my residuary estate.
3
"
"
'"
I. I bequeath the sum of Five Thousand Dollars ($5,000) to UNDA CLAllK,
my grand-niece, of Norris town, Pennsylvania; if she fails to survive me, this bequest shall
lapse and be distributed as part of my residuary estate.
J. I bequeath the sum of Ten Thousand Dollars ($10,000) to mOMAS
ANDREW CLARK, mygrand-nephew, of Norris town, Pennsylvania; if he fails toswvive
me, this bequest shall be paid to his issue, per stirpes. living on the thirty-first day
following my death.
K. I bequeath the sum of Thirty Thousand Dollars ($30,000) to HAllOLD E.
ZEIDERS, my nephew, of Sun City Center, Florida; if he fails to survive me, this bequest
shall be paid to his Issue, per stiQ>es. living on the thirty-first day following my death.
L. I bequeath the sum of Thirty Thousand Dollars ($30,000) to AlU..ENE
ZEIDERS McGOWAN, my niece, of Newport, Pennsylvania; if she fails to survive me,
this bequest shall be paid to her issue, per stirpes. living on the thirty-first day following
my death.
M. I bequeath the sum of Ten Thousand Dollars ($10,000) to DEBRA
MALLERY, my grand-niece, of Chesapeake, Vrrginia; if she fails to survive me, this
bequest shall lapse and be distributed as part of my residuary estate.
4
,
..
'"
N. I bequeath the sum of Ten Thousand Dollars ($10,000) to DANA
BLUSKO, my grand-niece, of VIrginia Beach, Virginia; if she fails to survive me this,
bequest shall lapse and be distributed as part of my residuary estate.
o. I bequeath the sum of Ten Thousand Dollars ($10,000) to DORY
DENISON, my grand-niece, of Chesapeake, Virginia; if she fails to survive me, this
bequest shall lapse and be distributed as part of my residuary estate.
P. I bequeath the sum of Twenty Thousand Dollars ($20,000) to my friend,
CONSTANCE BLACK ACHENBACH, of Mlllerstown, Pennsylvania; if she fails to
survive me, this bequest shall lapse and be distributed as part of my residuary estate.
Q. I bequeath the sum of Eighty Thousand Dollars ($80,000) to JVLIA
MABKEL CANTAMESSA, my niece, of Wallace, Idaho; if she fails to survive me, this
bequest shall be paid to her issue, per stUpes. living on the thirty-first day following my
death.
R. I bequeath the sum of One Hundred Fifty Thousand Dollars ($150,000)
to REVEREND JOHN C. GELNETI', my husband's nephew, of Millerstown,
Pennsylvania; if he faUs to survive me, this bequest shall be paid to his issue, oer stimes.
living on the thirty-first day following my death.
5
.
..
'.,
S. I bequeath the sum otOne Hundred Fifty Thousand Dollars ($150,000) to
EMMA SUZANNE CROCE, my husband's niece, of Bangor, Maine; if she fails to survive
me. this bequest shall be paid to her issue, per stiIpes. living on the thirty-first day
following my death.
T. I bequeath the sum of Five Thousand Dollars ($5.000) to my husband's
former employee. MARIJN MOWERY, of New Bloomfield. Pennsylvania; if he fails to
sUlVive me, this bequest shall be paid to his wife, ETHEL MOWERY. and if she falls to
survive me, this gift shall lapse and be distributed as part of my residuary estate.
U. I bequeath the sum of Five Thousand Dollars ($5.000) to my husband's
former employee, JAMES HELLER, ofMUlerstown, Pennsylvaniaj if he fails to survive
me, this bequest shall lapse and be distributed as part of my residuary estate.
V. I bequeath the sum of Five Thousand Dollars ($5,000) to myHusband's fonner
employee. J. LESTER. GOODIJNG. of liverpool. PA; if he fails to sUlVive me. this
. bequest shall be paid to his daughter, R.OSALIE HOFFMAN, and if she fails to survive
me, this gift shall lapse and be distributed as part of my residuary estate.
6
.#j 'f,.
W. I bequeath the sum of Ten Thousand Dollars ($10,000) to TIlE OLD
CEMETERY OF :M11.I.'R1lSTOWN, the income, or principal, or both to be used for
general cemetery purposes as the officers thereof deem best.
X. I bequeath the sum of One Hundred Thousand Dollars ($100,000) to ST.
PAULIS LUTHERAN CHURCH of Newpon, Pennsylvania, the income or principal or
both to be used for the general purposes of said Church as the governing body of the
Church deems appropriate.
Y. I bequeath the sum of Fifty Thousand Dollars ($50,000) to the
MIu..ERSTOWN FIRE COMPANY, Millerstown, Pennsylvania. I direct that this
bequest shall be invested by the Mlllerstown Fire Company in a prudent fashion, and the
income thereof shall be used for the general purposes of said organization. After the
passage of twenty-five (25) years from the date of my death, then the income or principal
or both may be used for the general purposes of the organization. as the governing body
of the Fire Company deems appropriate.
Z. I bequeath the sum of Twenty Thousand Dollars ($20,000) to the
IUVERVlEW CEMETEB.Y ASSOCIATION. ofMlllerstown. Pennsylvania; this bequest
shall be invested by the Riverview Cemetery Association in a prudent fashion, and the
income thereof shall be used for the general purposes of said organization. After the
7
"
passage of twenty-five (25) years from the date of my death, then the income or principal
or both may be used f or the general purposes of the organization, as the governing body
of the Cemetery Association deems appropriate.
AA. I bequeath the sum of Seventy-Five Thousand Dollars ($75,000) to the
Trustees of the Trust established January 31, 1978, in the Russell National Bank for the
benefit of the Mlllerstown United Methodist Church, to be added to the funds
held in said Trust, and to be administered and distributed pursuant to the tenns thereof.
ITEM IV. I give and bequeath the balance ofmy residuary estate to the LAWRENCE
L. and JUUA Z. HOVERTER CHARITABLE FOUNDATION, same having been established
on February 4, 1998.
ITEM V. If for any reason such Foundation shall not be in existence or the bequests
herein shall not be deductible for United States estate tax purposes under Section 2055 of the
Internal Revenue Code of 1954, as amended, I do not give such balance of my residuary estate
to such Foundation but, instead, I give such balance of my residuary estate to such one or more
charitable associations and organizations, bequests to which are deductible under Section 2055
of the Internal Revenue Code of 1954, as amended, and in such proportions as my Executors,
in their discretion, shall determine.
8
.
'.
ITEM VI. All principal and income, shall, until after actual distribution to the
beneficiary, be free from anticipation, assignment, pledge or obligation of the beneficiaries and
any of them, and shall not be subject to any execution,attachment, levy or sequestration or
other claims of the creditors of said beneficiaries or any of them.
ITEM VII.
A. I hereby appoint my Husband, LAWRENCE L HOVERTER, as Executor
(the "Executor''), of this my Last Wlll and Testament. In the event of his refusal or
inability to so serve, I then nominate and appoint JOSEPH J. CECERE, of Hershey,
Pennsylvania, AMOS J. MILLER, of Millerstown, Pennsylvania, and my attorney,
RONALD M. KATZMAN, of Harrisburg, Pennsylvania, to serve in the capacity as
successor Co-Executors with all powers and authority as vested in my Executor.
B. Notwithstanding any other provision of this Will, I direct that my
Executors, during the administration of my estate, shall not engage, and I expressly
prohibit them from engaging, in any of the following acts:
1. Failing to distribute income for each taxable year at such time and
in such manner as to subject my estate to tax under section 4942 of the United
States Internal Revenue Code of 1954, as amended from time to time;
9
2. Engaging in any act of self-dealing as defined in section 4941 (d)
of said Code;
3. Retaining any excess business holdings as defined in section
4943(c) of said Code;
4. Making any investment in such manner as to subject my estate to
tax under section 4944 of said Code, and retaining, for more than a reasonable
time, any assets which would have subjected my residuaIY estate to such tax had
my Executors acquired such assets; and
5. Making any taxable expenditures, as defined in section 4945 (d) of
said Code.
ITEM VIII. I direct that my Executors shall not be required to give bond or post any
other security for the faithful performance of their duties in any jurisdiction.
ITEM IX. I hereby direct the above-named fiduciaries to retain R.ONALD M.
KATZMAN, Esquire, and in his absence, the law firm of which he was last a member, as the
attorney in the settlement of my estate.
10
..
ITEM X. Any person who shall have died at the same time as me, or in a common
disaster with me, or under such circumstances that it is difficult or impossible to determine who
died first, shall be deemed to have predeceased me.
ITEM XI. My Executors shall have the following powers in addition to those
invested by law and by other provisions of my Will applicable to all property, whether principal
or income, exercisable without Court approval, and effective until distribution of all property,
all of which are subject, however, to the provisions of ITEM VII.B. hereof:
A. To have and exercise all rights and authority with respect to the real estate
owned by me, and the timber business and operations with respect thereto, and to
oversee and supervise the operations and management of said land and business.
B. To retain any investments I may have at my death so long as they may
deem it advisable so to do.
C. To vmy investments, when deemed desirable, and to invest in such bonds,
mutual funds, stocks, notes, real estate mortgages, or other securities or in such other
property, real or personal, as they deem reasonable without being restricted to so-called
"legal investments".
11
..
D. In order to effect a division of the prindpal of my Estate or for any other
purpose, including any final distribution, my Executors are authorized to make divisions
or distributions of the personalty and realty partly or wholly in kind. If such division or
distribution is made in kind said assets are required to be divided or distributed at their
respective values on the date or dates of their division or distribution.
E. To sell either at public or private sale and upon such terms and conditions
as my Executors may deem advantageous, any or all real or personal estate or interests
therein owned by them severally or in conjunction with other persons or acquired after
my death, and to consummate said sale or sales by suffident deeds or other instruments
to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and
without obligation or liability of the purchaser or purchasers to see to the application of
the purchase money or to make inquiry into the validity of said sale or sales; also, to
make, execute, acknowledge, and deliver any and all deeds, assignments, options, or
other writings which may be necessary or desirable, in canying out any of the powers
conferred upon them in this paragraph or elsewhere in my Will.
F. To mongage real estate, and to make leases of real estate for any period
of time as my Executors may deem reasonable.
12
. .
.
G. To borrow money from any party to pay indebtedness of mine or of my
Estate, expenses of administration, or inheritance, legacy, estate, or other taxes.
H. To pay all costs, taxes, expenses, and charges in connection with the
administration of my Estate, including expenses of my last illness and funeral expenses.
I. To vote any shares of stock which form a part of my Estate or which are
acquired after my death, and to otherwise exercise all the powers incident to the
ownership of such stock.
J. To compromise claims and to abandon any property which, in the opinion
of my Executors, is of little or no value.
K. In addition to the above enumerated powers, my Executors shall have the
broadest authority in dealing with any business interests owned by me at my death,
including my land and timbering business and any related businesses and assets,
including, but not be limited to, the follOwing:
1. To enter into partnership agreements for the operation of any
businesses, including a general partnership agreement, or to incorporate any
13
businesses, or to reorganize, recapitalize, consolidate or merge any entity on such
terms as my Executors in their absolute discretion shall determine;
2. To sell any business as a going concern, to liquidate it in whole or
in part, to enter into a general or limited partnership with others, to incorporate
or dissolve any business, or to merge or consolidate it with any other business,
whether or not the character of ownership has previously changed, upon such
terms as they may deem advisable, and to accept for any business, whether it
exists in sole proprietorship, partnership, or corporate form, such consideration
in cash, notes, debentures, bonds, shares, partnership interests, or such other
forms of property or evidence of debt or ownership as they in their sole discretion
consider advisable;
3. To hold any property received as a result of the sale, liquidation,
dissolution, incorporation, merger, consolidation, or any other rearrangement or
readjustment in the form of proprietorship or the capital structUre of the business,
with the same powers, authority, and discretion enumerated in this subparagraph,
together with the power to retain that property, without regard to the ordinary
requirements of diversification, for as long a period of time as my Executors may
deem advisable; to sell, exchange, or otherwise dispose of that property, and to
invest the proceeds thereof in any other property, including corporate shares or
14
. ,
. '.
bonds, without being limited to securities in which fiduciaries are authorized by
law or probate rule to invest trust funds; and, if any property held by them
constitutes shares in a corporation, to vote those shares, to take part in the
management of the corporate business, to select and vote for the corporation's
directors and officers, to exercise options, privileges, and rights pertaining to
those shares; and generally to exercise such control over the affairs of the
corporation's business as is consistent with the ownership of the corporate shares;
to participate in and consent to any sales, liquidations, dissolutions,
reorganizations, mergers, consolidations, or other rearrangements of such
.corporation or in the adjustments or readjustments of its capital structure,
whether voluntary, judicial, or through shareholders, committees, and to pay a
proponionate part of the expenses incurred by all such shareholders;
4. To pay themselves reasonable compensation, salaries, or fees for
their services in conducting and managing any business, and to charge the same
as a business expense. Such compensation, salaries, or fees shall be in addition
to any compensation otherwise allowed to them by law;
5. If at the time of my death I am engaged in any business, either as
sole proprietor, partner, or majority stockholder, and my Executors shall,
pursuant to any authority or direction in this Will or rule of law, retain or
15
'. .
.. J.~ , .....
continue that business, they shall in no way be liable for any loss resulting from
such retention or continuance, or from the operation of the business, except when
the loss is the result of wilful misconduct or gross negligence.
6. Neither my Executors (as owner of one or more interests in a
business, asset. or closely held corporation), nor any officer or employee of my
Executors (acting on behalf of the fiduciary as an officer or director of such a
business, asset, or closely held corporation), shall be personally liable for any
claims made against my estate arising from the exercise of decision-making
authority in that capacity related to: (a) the cleanup of or other response to the
contamination of trust or estate property (including property owned or operated
by a business in which my trust or estate owns an interest) by any substance or
substances prohibited or regulated by federal. state, or local law or that are
known to pose a hazard to the environment or to human health; or the use of
estate property (including property owned or operated by a business in which my
estate owns an interest) for any activities directly or indirectly involving the
generation, use, treatment, storage, disposal, release, or discharge of any
hazardous or toxic materials or substances; provided that my fiduciaries and their
officers and employees shall not be excused from liability for their own gross
negligence or willful acts.
16
. 4 . .
: t .
6 . f .
.
II f ~
7. My Executors shall not be personally liable to any beneficiary of my
Will or to any other party interested in my estate for any claim against my estate
for the diminution in value of estate property arising from the compliance by my
Executors with any federal, state, or local law, rule, or regulation including: (a)
the reporting of or other response to the contamination of estate or trust property
by substances or materials prohibited or regulated by federal, state, or 10ca1law
or that are known to pose a hazard to the environment or to human health; (b)
the reporting of or other response to violations of any federal, state, or local law,
rule, or regulation involving materials or substances regulated by federal, state,
or local law or that are known to pose a hazard to the environment or to human
health; or (c) other matters relating to environmental laws.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will
and Testament, consisting of seventeen (17) typewritten pages, this" J.~ay of July, 1999.
~~.J~
z. HO Tml
(SEAL)
17
, . . "
t " .
.. " .
.
....; ... '...
We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published
and declared by the above"named Testatrix, JULIA Z. BOVER.~ as and for her Last Will and
Testament, in the presence of us, who at her request and in her presence and in the presence of
each other, have hereunto set our hands and seals the day and year above written, and we
certify that at the time of the execution thereof, the said Testatrix was of sound and disposing
mind and memory.
~M,-~
residing at ^~kM.l;'~A .
o(~;;( ~
residingat ~ ^f~ r12 '
18
. .
, . I ..
" . f ..
..
- "'.. ,...
.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~,..... p Iv....r.
55:
We, JULIA Z. BOVERTEa, the Testatrix, and~d J-t.~ZMo..), and
}.nil lfet\lk. L. i-hvEi<:tL.l" the witnesses, respectively, whose names are signed to the foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the
Testatrix signed and executed the instrument as her Last Will and that she had signed willingly,
and that she executed it as her free and voluntary act for the purposes therein expressed. and
that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as
witnesses and that to the best of his/her knowledge the Testatrix was at that time eighteen years
of age or older, of sound mind and under no constraint or undue influence.
~ (~-
z. HOVER~'
e..pj~~,
Witness
~~~~
itness
Subscribed, sworn to and acknowledged before me by thtl~trix, JULIA t BOVERTER,
I and subscribed and sworn to befo~f me by lLl::-J 1Y.4 nt t'l ^, and
1..oJ...4.>( et"'lC.t. 1.... Hovefl..leIl. , witnesses. this ~ ~ day of July, 1999.
"" ~Lu.. J iJ) ~ L
N tary Public U "
19
. ,~:':(;;;'\~~;i~~:
, O' , ,..) t ~'..' /, 'i'
. ,:,:';'/>i'.:. ;,..,\~y
(SEAL)
2e&Oll,4
NOTARIAL SEAL
KIMBERLY D. MILLER, Notary PubUc
Harrisburg, Dauphin County
MYComml8sl~~p1r8sAug. 19,1999
FIRST CODICIL
TO THE WILL OF
JULIA Z. HOVERTER
I, JUUA Z. HOVERTER, of the Borough of Millerstown, Perry County, Pennsylvania,
being of sound and disposing mind, do hereby make, publish, and declare this to be a First
Codicil to my Last Will and Testament, dated July 21, 1999 (my "WilllJ).
FIRST. I hereby amend Item m.N. to read as follows:
lIITEM III. N. I give and bequeath the sum of Ten Thousand
Dollars ($10,000) to DANA HLUKSO, my grand-niece, of Virginia Beach,
Virginia; if she fails to survive me, this bequest shaD be paid to her issue, Der
stiroes, living on the thirty-first day follOwing my death."
SECOND. I hereby amend Item III by adding the following subsections:
"ITEM III. SS. It is my intention while I am alive to provide the
sum of Ten Thousand Dollars ($10,000.00) per year to be applied toward the
college education of the children of my grand-niece, REBECCA SNYDER
CECERE and her husband, JOSEPH CECERE. These children are: ANDREW
CECERE, KIMBERLY CECERE and ADAM CECERE. I intend that said gifts be
used to pay for tuition and other related college expenses. In the event I die
.
prior to each of said three persons receiving all of said monies, I direct my
executor to pay to each such person in equal annual installments the difference
between Forty Thousand Dollars ($40,000.00) and the amount which I have
already provided to that person during my lifetime, said monies to be applied
by each such person to his or her college education. In the event any of said
persons should fail to enroll as a full-time student in college commencing within
a year of their graduation from secondary school, and continuing for four (4)
consecutive years, or fail to expend any funds previously received from me or
my estate for coUege expenses, this gift, or any remaining installments shall be
void or terminate, and the amount thereof shall revert to my residuary estate.>>
"ITEM III. ce. I give, devise and bequeath to my friend Amos J.
MlUer, provided he survives my death by thirty (30) days and provided also that
until the death of my husband and myself he continues to help take care of me
and my husband and provides us with assistance in the same manner as he has
in the past, in fee simple absolute, all that timberland located in Fayette
Township, Juniata County, in what is sometimes referred to as the Sugar Shack
area, consisting of the following tracts: Dysinger East, Dysinger West, and
Heckman, containing altogether approximately One Hundred Sixty-Five (165)
acres. This gift shall be in addition to any other gifts or provisions made for the
said Amos J. Miller in this Win or otherwise. The determination of whether the
2
said Amos J. Miller has complled with the proviso above stated shall be made
by my Executor, whose decision shall be final."
THIRD.
In all other respects, I hereby ratify, confnm, and republish my
Last Will and Testament, dated July 21, 1999, together with this Arst Codicil, as and for my
last will and testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this First Codicil
to my Last Will and Testament, consisting of three (3) typewritten pages, this I f K day of
May, 2000.
~~~ (SFAW
Z.HO
We, the undersigned, hereby certify that the foregoing Arst Codicil was signed, sealed,
published, and declared by the above-named Testatrix, JUUA Z. HOVERTER, as and for a
codicil to her Last Will and Testament, dated July 21, 1999, in the presence of us, who at her
request and in her presence and in the presence of each other, have hereunto set our hands
and seals the day and year above written, and we certify that at the time of the execution
thereof, the said Testatrix was of sound and disposing mind and memory.
[~J#. + resldlngal ~~
c4~/'~at ~W~~ t7~
3
COMMONWEALTH OF PENNSYLVANIA
: 55.:
COUNTY OF
We, the Testatrix, and ~na.ld J.-.I. ~f:z.rna..^--" ,and
Lcuvn~..nee L. HC/fR. fLCuz... , the witnesses, respectively, whose names are
signed to the foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the foregoing instrument as a Am
Codicil to her Last Win and Testament, that she had signed willingly, that she executed it as
her free and voluntary act for the purposes therein expressed, that each of the witnesses, in
the presence and hearing of the Testatrix, signed the First Codicil as witness, and that to the
best of hls/her Imowledge the Testatrix W8!5 at that time eighteen years of age or older, of
sound mind, and under no constraint or undue influence.
~~~
JU Z. HO '
~Ph. ~
Witness
~ess~~
Subscribed, sworn to and aclmowledged before me ~y the Testaf1ix~ Z. HOVERTER,
and subscribed and sworn to before me by fit'Y"t)...(d 1-/. 'Q...~ t- and
~~.n ~ L.. . ~I.RA... , witnesses, this I? day of May, 2000.
,
>t(JY>~ .J~
Nbtary Pubi .
(SEAL)
: ,...: ',":.. ,.,~. )',
. ..,."":~,,.,:':..':\.;:\\ t.". ....
~ . ~; t.:..
.;'~Lt':J ~>,~~:~G:....
42179.3
NOTARiAl SEAl
KIMBERLY O. MILLER. Nolary Public
Harrisburg, Dauphin COllllIy
My Commission ExpI18. Aug. 19, 200S
. ", . ~ .' ,"
. "
4
SECOND CODICIL
TO THE Will OF
JULIA Z. HOVERTER
I, JUUA Z. HOVERTER, of the Borough of Millerstown, Perry County, Pennsylvania,
being of sound and disposing mind, do hereby make, publish, and declare this to be a Second
Codicil to my LastWiU and Testament, dated July 21,1999, as heretofore amended by a First
Codicil dated May 19, 2000.
FIRST. I hereby amend Item II. by adding the following subsection:
"ITEM II.A. I hereby give and bequeath the following items of
tangible personal property to those persons designated, provided
that each gift is subject to each beneficiary surviving my death by
thirty days:
A. To Bill Bosom, of Thompson,
Pennsylvania, organist at the Millerstown
Methodist Church, my Hammond Organ;
B. To Julia Markel Cantamessa, of
Wallace, Idaho, the portrait of me which has been
in my dining room for many years, as well as my
diamond ring;
C. To Joseph J. Cecere and
Rebecca Snyder Cecere, his wife, or their
survivor, of Hummelstown, Pennsylvania, the
Cherry Corner Cupboard in my dining room,
and my Dining Room Table with six chairs
and leaves;
D. To Emma Suzanne Croce, of
Bangor, Maine, my Dry Sink; and
E. To Reverend John C. Gelnett, of
MiIlerstown, Pennsylvania, my Roll-top Desk."
SECOND. I hereby amend Item II. by adding the following subsection:
"ITEM II. B. I give and bequeath certain items of tangible
personal property that are not mentioned in Item II.A. above, are
solely owned by me at the time of my death, and that are
identified in any separate writing directing distribution thereof
after my death which is dated and is signed by me at the end
thereof, to those persons designated in such separate writing who
survive me by thirty (30) days. If any item of tangible personal
property is identified in more than one separate writing, I direct
2
.
that, unless stated to the contrary, the separate writing bearing
the last date shall govern the disposition of such item.
THIRD.
In all other respects, I hereby ratify, confirm, and republish my
Last Will and Testament, dated July 21, 1999, and my First Codicil dated May 19,2000,
together with this Second Codicil, as and for my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Second
Codicil to my Last Will and Testament, consisting of three (3) typewritten pages, this 22nc1 day
of May, 2001.
~. . "~l~(S~
: Z. HOV ER
We, the undersigned, hereby certify that the foregoing Second Codicil was signed,
sealed, published, and declared by the above-named Testatrix, JUUA Z. HOVERTER, as and
for a codicil to her Last Will and Testament, dated July 21, 1999, in the presence of us, who
at her request and in her presence and in the presence of each other, have hereunto set our
hands and seals the day and year above written, and we certify that at the time of the
execution thereof, the said Testatrix was of sound and disposing mind and memory.
~~14 residing at 7/t~ ~
fL-op~" residing at c;..N>If~ lPr
3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~
SS.:
We, the Testatrix, and ~05 :r" M, , le.r , and
Ronald U. Va.Jz~ , the witnesses, respectively, whose names are
signed to the foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the foregoing instrument as a
Second Codicil to her Last Will and Testament, that she had signed willingly, that she executed
it as her free and voluntary act for the purposes therein expressed, that each of the witnesses,
in the presence and hearing of the Testatrix, signed the Second Codicil as witness, and that
to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older,
of sound mind, and under no constraint or un influence.
Subscribed, sworn to and acknowledged before me Qv the Testatrix, JUUA Z. HOVERTER,
and subscribed ~ sworn to before me by Cltno~:::r I--t. II~ and
~Id U. ~z,VYlo.."- , witnesses, this 22nd day of May, 2001.
~
~ /.J.rqI11lA)
N ry Public
82878.1
(SEAL)
-.nt.Y IIOTAIlrAL st'AI.
HARRIs:u.~~:r"
Ir CClIIMlSSlOIt EXP/IQ AUG. It, _
. . ~ ~.'
. ...;~' <..........., ,<'y.\,
./ (-,' ~ //
'.
......~ "
, : ~<~"..: . '~"~';
:; "... . ';.~~ "':-.~" ,
".' '. " ':0
.;....;~.."..~.....,\' ..~.~.'~~..' ".~' . t:.
_ _' . .t' ''.:,'.~.:/.c.'.~\'~: ,
. ....
. , ,: \' " ,.
4
,..
THIRD CODICIL
TO THE WILL OF
JULIA Z. HOVERTER
I, JULIA Z. HOVERTER, of the Borough of Millers town, Peny County, Pennsylvania, being of
sound and disposing mind, do hereby mak~ publish, and declare this to be a Third Codicil to my
Last Will and Testament, dated July 21, 1999, as heretofore amended by a First Codicil dated
May 19, 2000.and a Second Codicil dated May 22, 200 1:
ITEM I.
I hereby amend Item HI by adding the following subsection:
A. ITEM m. CC I hereby give and bequeath the sum of Five Thousand Dollars
($5,000) to Mary E. Donnelly ofMillerstown, P~ylvania. Ifshe fails to survive me, this
bequest shall lapse and be distributed as part of my residuary estate.
B. ITEM ID. DD. I hereby give and bequeath an additional swn ofTen Thousand Dollars
($10,000.00) each toward the concge education to the children ofmy graud-uiece, REBECCA
SNYDER CECERE and her husband, JOSEPH CECERE. of Hummelstown, Pennsylvania.
These children are: ANDREW CECERE, KIMBERLY CECERE and ADAM CECERE. Ifany
of the above filils to survive me, this bequest shall be paid equally to the other children listed
above.
c. ITEM m.EE I hereby give and bequeath the sum of One Hundred Thousand Dollars
($100,000) my grand-niece, REBECCA S.CECERE, to be addition to the bequest in Item m. G.
If she fails to survive m~ this bequest as well as Item m. G gift shall be distributed to her
surviving children, Andrew, Kimberly, and Adam..
.
.
"
.~.
ITEM m.
I hereby amend Item 7. A to read as follows:
"Item vn. A. I hereby appoint JOSEPH J. CECERE, of Hershey, Pennsylvania and
AMOS J. MILLER, ofMillerstoWD, Pennsylvania as Co.. Executors (the "Exeeutors") of this
my Last Will and Testament. In the event of either refusal or inability to so serve, I then nominate
and appoint REBECCA S. CECERE of Hershey, Pennsylvania to serve as one of the successor
Co-Executors with all powers and authority as vested in my Executor."
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Third Codicil to my
Last Will and Testament, consisting of two typewritten pages, this 4th day of March, 2003.
1.....~
.~~)jA.fv
(SEAL)
We, the undersigned, hereby certitY that the foregoing Third Codicil was signed, sealed,
published, and declared by the above-11&II)ed Testatrix, JULIA Z. HOVERTER, as and for a
codicil to her Last Win and Testament, dated July 21, 1999, in the presence ofu&, who at her
request and in her presence and in the presence of each other, have hereunto set our hands and
seals the day and year above written, and we certify that'at the time of tile execution thereof, the
said Testatrix was of sound and disposing mind and memory.
(,~iJ~~ residingatrooidingat CJ.m ?'7"L{/. /fJkJj(/r sr
~~. tI' .-
. //[~51?J'r/~, PH- (J~6 2-
~i/)Cr.Ilu.JM~atresidingat IC,-e of & tJ3t0'
~b1~ IL / ?!"/I
....
.
,
.
.
COMMONWEALTH OF PENNSYLVANIA:
: SS:
~J~
Witness f
'/I~ t% #~~~-
Witness
Subscribed, sworn to and acknowledged before me by J4rY\~ j VY\~ I\ot" r- and
'1)"'f\r\G. (:' ~ve('\~nt"' witnesses, this day Of~c of ~()()~
1'0
2003.
(SEAL
OF PE VN<<A
NoI8tIBl
TIn)e S.A1.~. ""-YPlAlIc
...... BaIo. PenyCcully
'-"Qm'~l~Aug.,,2IX11
MItnher. Pennsyfllellll ~ Of NoI8tf..
.
,
,
Register of Wills of Perry County, Pennsylvania
PETITION FOR GRANT OF LETTERS
..
Eslate of Julia Z. Hoverter
.Iso known as
No.
, Deceased
Social Security No. 184-12-2867
Pelitione,(S), who lsIare 18 years of age or oleler, apply(ies) for:
.' (COMPlETE 'A' or '8' BelOW:)
tl A. Pl'Obate and Grant of L.etters Teslamentafy and aver that PetrtJoner(s*are the eucut
IheDecedent,dalld 7/21/99 andcodlcl(s)dated. 5/18/00. 5/22/01. 3/3/03
orB
named In the last WIll of
Slale relevant circumstances. e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced. and dicl not have a chilcl bom or adopted after execution of the documents
offered for probate: was not the vlcllm of a killing and was never adjudicated incompetent:
Decedent WAR a widow. her husband, Lawrence Hoverter, died Jul.y 20. 2000
o B. Grant of Letters of Administration
(c.l.a.; d.b.n.c.t.a; pendente lite; durante absentia; durante m/norltate)
PetrtJoner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and
heirs:
I
Name
Relationship
Resiclence
I
(COMPLETE IN All CASES:) Attach additional sheets If necessary.
Decedent was domiciled at death In MillerstoWIl Borou~h. Perry County, Pennsylvania with hisIher last family
orprlnclpalresidenceat 401 East Sunbury Street, Mil1eTRt6wn
(list street. number, and municipally)
Decedent, then --2L-years of age. died March 11 r 200/tat 40] EaRt Sunhury Strep-t r Mi l1erstown, PA
. (Location) .
Decedent at death owned property with estimated values as follows:
(If domicled In PA) All personal property
(If not domiciled In PA) Personal property In Pennsylvania
(If not domiciled In PA) Personal property In County
Value of real eslate In Pennsylvania
s ~ 700, DtY.) ~
s .
S
$
tJ/~~
./
situated as follows:
T
Joseph J. Cecere
Amos J. Miller
CERTIFIED A TRUE COpy
Prep<<ed by the PlIMIyIvMIII Bit AaocI.llon
CoPJltl9ht(c) 1_ fOlm ~want only CPSy.t_.lnc.
.
,
,
Oath of Personal Representative
.
Commonwealth of Penneylvanla
COWlty of
The Pelltioner(s) above-named swear(s) or alfll'm(s) that the statements In the foregoing Petition are true
and correct to the be.st'of the' knowledge ancl belief of Petitloner(s) and that. as personal representative(s) of
the Decedent, Petltlorier(s) will well ancl truly administer the estate according to law.
~r~~
sep J. . ere _
~~
Amos J. er
", ..' '.,. .FOr'ltMt fleQ.iiter
"', ,:0;...., ,... (",' ,..'
. "1., ,'" ! :. :~ \..' :" t.' .
! f, II 11'" I
No.
Estate of
Julia Z. Hoverter
Deceased
Social Security No: 184-12-2867
Date of Death: March 11. 2004
AND NOW,
, in consideration
of the Petition on the revctlM ~~ hereon, satisfactory proof haYing been presented 'before me,
IT IS DeCREED that LetiertUJ Testamentary D Of Administration
(c.ta.; d.b.n.c.t.a.; pendente rite; durante absentia; durante minoritate)
are hereby granted to
.TOR~ph .1. c.~C'~r~ Rnd AmnR ,1. Mil] er
inthuboveestateandthattheinstrument(s)dated Jul,y 24.1999. Mav 19. 2000. May 22. 2001. and March 3. 2003
described In the Petition be admitted to probate and flied of record as the last Win of Decedent~
~ ~.;! ~ ~~ !i5~ ~~.lUrg. PA 12:108-1268
G ~ 12 b.i~ ~.&i~34~161 :;~ N ~ ~~
;g i Te,.~no:i ~'''3'Xi e!i lit ;:;;J c...I """ 0 -t "0..... -I 2:
-In......... ~Q')a Q Q ......or-UII'J(oo~Q~ ~J;Q~~
~Biic:: ~~~"";:::I'T'I~ ....,~I"I"I..'<1~.f:I.~ U:~::r>::r.
::D -t ..,.., c:::> 1"'1 .....,..., a::..., a::: ,,, w.::z:.... ... r:::r c;e: Ie ::z .
All 15: ~ 1:1..... V'l...... ~'..... ..(i ~ ~ .... au..... !cBOIz::
"., IT, ., <:0 I I C r- I .......... $: v .....::l!!::..... lii l";lI ,...
-.n ;;u !!E. -_ ....... l.'l I.... fA- .. 0.. ?:;l t-J!il ....; ~. :::j ~ r;::
~ if.: -~ .!-',g"'0 W.." "'-<:ra~
f}; ~..... ~ ~:: 30 I\)!::l 6....
TOTAl. . . . . . . .. $ P 'F- :P :P t .p. ~
,.,..,.,...by'h_"--Y!v...'.8<<AuclcUlfon Copyrillhl(c) 1896fo1mlOfIWll",a,y~t';;;'nc. g c:> FOtl'Il RW-t (1991)
FEES
Lellers. . . . . . . $
Short Certincate(s). $
Renunciation. $
Afflclavits ( $
Extra Pages ( ). $
Codicil. . $
JCP Fee. $
Inventory. . $
Olher . . . $
Register of WIIs
Anomey:
Ronald M. Katzman. Esauire
7198
1.0. No:
Address:
320 Market Street, P.O. Box 1268
.
REGISTER OF WILLS OF PUJ COUNTY
OATH OF NON-SUBSCRIBING WITNESS
Antos ~~ HI/let<. ~lCi 1{ona..ld H. Ko...fc(Y1a.n
.
.
.
(each) a subscriber hereto, (each) being duly q~alified according t~.law, depose(s) and say(s) that ~
Q.RUamillar with the signature or ~11t+ Z. .J.-.IoIeJ<...+er , testat~of(one of the
~ J--1
subscribing wilncsses Lo) the 'W'i*presented herewith and that ,ne Y believes the signature on the
codicil A '-/-h .
W:iti:: is. in the hallllwriling or eJ<- to the best of e.; (L knowledge and beUef.
~g??~-/ .
. V' (Name) ;ff I'LL.E4ZJlhn:_n'" /~
5S-#P1~~r ~r /7e:r~L
(Addre..) ~
~1Ar.b ,.?1 ~ oI.11<~
(NI e
fGJ 8~ /;}.c;g ~:rJ -m 17ldf?
(Address) .
RUGlS1:ER OF WILLS OF
COUNTY
OATH OF WITNESS TO WILL EXECUTED
BY MARK
., (each)
codicil
a subscribing witness to the wlll presented herewith, (each) being duly quallned according to law,
depose(s) and say(s) that: testat was unable to sign h_name thereto; testat_'s name was
subscribed thereto in testut 's presence; testat made h mark thereon; testal and
deponent(s) was (were) present when testat 's name was subscribed and when testat.
codicil
was present when the undersigned signed the will us witness(es).
made h_ mark; and testat
Sworn to or affinned and sub-
scribed before me this day of
(Nlme)
19
(Addle..)
For tile Register
.
020 oLf D Q l.2:>~
.
.
to
REGISTER OF WILLS
Certificate of Grant of Letters Testamentary
No. 5004-0046
ESTATE OF JULIA Z HOVERTER
Social Security No: 184-12-2867
WHEREAS. on the 29th day of March, 2004 instrument(s) dated March 4J 2003
was (were) admitted to probate as the last will of JULIA Z HOVERTER late of
MILLERTOWN BOROJ who died on the 11 th day ofMarchJ 2004 and
WHEREASJ a true copy of the will as probated is annexed hereto.
THEREFOREJ IJ Wendy M. WelfleYJ Register of Wills in and for the County of
Perry, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted
to JOSEPH J CECERE, 1528 WOODHA VEN DRlVE, HUMMELSTOWN, P A and
AMOS J MILLER, 35 NORTH MARKET ST, MILLERSTOWN, PA who have duly
qualified as Executrices and have agreed to administer the estate according to law, all of
which fully appears of record in my Office at New Bloomfield, Perry County,
Pennsylvania.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office the 29th day ofMarchJ 2004.
YOAOlkl CJ'?J~
~~~o:~ .._
~T5
cQOO~03(3~
.
.
~,
.
IYJa Internal R.venue Serv~
fS Cincinnati, OH 45999
contael Pe,.on: AngaRa Reed
Badge Number: 17..()2599
Telephon$: 1-868-199-4083
(folt~. Number)
~;-
(/6'
<b'O'
May 4, 2.005
Estate Tax Closing Document
(Not a bill for tax dLle)
RONALD M KATZMAN ESQ
320 MARKET ST
HARRISBURG PA 17108
Estate Name: JUUA Z ZEIDERS HOVERTER
Social Security Number: 18+12~2867V
Date of Death: 3/11/2004
We have determined the following:
NET ESTATE TAX: $
STATE DEATH TAX CREDIT: $
GENERA TION-SKIPPING TAX: $
,.
0.00 ". .iiii4
i
0.00 'Nt
<II
0.00 :z-
. :I:
..
_.
PO
..
These figures do not include any intefest and penaltie5 that may be charged.
Please keep thIs docUment in your permanent records. You may need it to complete
administration of the estate, such as: close probate proceediogs. transfer title to property, and
settle $tate taXe$ Keep it wittI your canceUed check(s) to show that you have met the estate tax
obUgation Proof of payment in the amoul1t shown above releases you of personilf liability
(IRe 2204). If the time for payment in the amount shown above is extended under
section 6161, 6163, or 6168, per$onallJability is not released untit full payment has been
received.
We win not reopen this return unless you notify U$ of changes to the return, or there is evidence
of mIsrepresentation of a material fact. a clearly defll'lec:l substantial ertor based upon 80
estabDshed SelVlce position or 8 serious administrative omission. (See IRe 7121).
~o'~ ir~
Chief, Estate and Gift Tax Program
i' 06/25/2007 9:38:55 AM
!i~"
PERRY COUNTY
Inst.# 200403132 - Page 38