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HomeMy WebLinkAbout09-24-07 ...' w PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of JOHANNA C. FRUTIGER also known as File Number /AI- D7-0Yltf . Deceased Social Security Number 202-20-4'0\32 '~:~'Q ~ t3 --,--c) !:~;~ :~;:j~ ,:--.)(~) . ;~'::'~ .l ,....., => = -''--'j - Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) (/,) 'I t -0 1'.) ,l:"" ) " I. _ ~ . 'I , III A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated November 4,2004 and codici1(s) dated N/A ~ed in the , , ~ l_1 "~:.;... - (State relevant circumstances, e,g., renunciation, death of executor, etc.) r..o Except as follows, Decedent did not many, 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: NO EXCEPTIONS o B. Grant of Letters of Administration (Ifapplicable, 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 suIVived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c,t.a., enter date of Win in Section A above and complete list of heirs.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 2 18 South 24th Street. Camo Hill Borough. Cumberland County. Pennsvlvania (List street address, town/city, township, county, state, zip code) Decedent, then 81 years of age, died on AURUst 19, 2007 at 218 South 24th St., Camp Hill, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) 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 $ 900,000.00 $ $ $ situated as follows: 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: T or rinted name and residence Donald U. Fruti r. 51 Oak Lawn Drive Covington, LA 74033 Form RW-02 rev. /0./3.06 Page 1 of 2 . ,,' Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will wen and truly administer the estate according to law. () Sworn to or affirmed and subscribed P d ~r;:{;/ ~ Signature of Personal Represen~tive =+;W"7f ~ Signature of Personal Representative ,----, '- , S::; 0 .---- -0 I ",} '~~g . .' 'c'::D ~ = -..I c/) n -C N ~ -, , Signature of Personal Representative C-:IC) (~.2 -'~Tl ~ ~ ~TI n ---1 +r--,.. , I File Number: t9.1- () 7- ()gu;~ N Estate of JOHANNA C. FRUTIGER , Deceased Social Security Number: 202-20-1432 Date ofDeath:Au~st 19. 2007 AND NOW, ~ II th ~ -:(; ~ \ ~ . /JtlJ7 . in consideration of the foregoing Petition, satisfactory proof having been presented tefore Jllj:, I IS ECRE D that Letters Testamentary are hereby granted to onaid U. Frutiger, Jr. and that the instrument(s) dated November 4,2004 described in the Petition be admitted to probate and filed ofre rd as the last Win (and Codicil(s)) of If. in the above estate FEES Letters ............... $ Short Certificate(s)..~.... $ !!ARenunCiation(s) .......::: : ~...$ !YlOU1.t.n.- .. . $ ... $ ... $ .. . $ .. . $ ... $ ... $ TOTAL .............. $ Attorney Signature: Attorney Name: RICHARD W. STEVENSON, ESQ. Supreme Court I.D. No.: 7120 Address: MCNEES WALLACE & NURlCK LLC PO BOX 1166, 100 PINE STREET HARRISBURG, PA 17108-1166 Telephone: 717-237-5208 (p 10.00 Form RW-02 rev. 10.13.06 Page 2 of2 c"n5.1..':"," r.z~\l (nIl";' :;'1-07-c[?(pg LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Certification Number This is to certify that the irfonnation here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarcled to the State Vital Records Office for permanent filing. ~ J1l ~7-*U~l 0 1Jl07 P 13771787 Local Registrar o C;O .....2; ,1-;:) !:tQ f;~CQ CJ3.~ Date Issued r-.......1 <':::) = -..J c.~ fT'l " N .&:- ~3{~~ :x:.. :n: ~-. --;-1 =::; N COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See InBtNctlon8 8nd8xempl88 on ...verse) 3 REV 11/2006 ;/PIllNTIN lMANENT ACK INK 12. Wu 0ecMIeri 8YII' in the U.S. Arinecl F.....? DYea ~Ne ~ AtIuaf~ 17.. SlOt 13. -.r. ElU:oIIon ( E!2"ryl~(o-l2) STATE FILE NUMIll;R I!r- 6._01_ 1432 .A~~o;t'9~'2007 7.~ n_.. ono 81 January 28, 1926 Highspire, DOther.~ 10.~:_JncIan.-'_,'k. (~ White llIl. CoootyclOeotll Cumberland 11._'UouoI Homema~~- lIil.Fdly_(lf"",rr.ik.<ion.glvo_ar,jnumllo~ 218 South 24th St. 17b. C<my PA Cumber land DId DecodonI LIve In a T...,.~ 17e. D v.. _lMld" 17d.~ Ne._Uvod_ AcIuaI UmIls '" Twp. Camp Hill CltyIBoro 19. _. Nome (FIII1. _, maldInsumamol Mary Marinak 201>. -. MoJIng_l_. oi!yl_,_.",OldoI 51 Oaklawn Dr.. Covin ton, 2".locallon{CIty/_. _, zip_I Highspire, PA ~ CalrIIIoto_23a-cGoly_CIt1IIyIng ~ilnoI_a111mo"'_" CI!llfyClllllof_. _ 2+26 _ be campIoIed by pot1OI1 whollftll'oOlJlCll_. 014819 L r;;:ry?iR67,t-:;;;',&/?~::~-(SV-.a_) , TIme'" ~25. ' QIIo . Dood-(~dIy. \'MIl '1 P I.l. J);q .;;.,00 / ' CAUS~ OFOQTH (See I .. Il10l JCI!mPlos) 1lom2t. 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Ilof Tt!:-t..A c 011 () ('I. /1... 1. . ~ II ~ /( Disposition Permil No. .. j/-07- Of/.pfJ .- LAST WILL AND TESTAMENT OF JOHANNA C. FRUTIGER I, JOHANNA C. FRUTIGER, of Cumberland County, Pennsylvania, revoke any prior wills and codicils and declare this to be my Will. ARTICLE I Family Information A. Spouse. I am the widow of Donald U. Frutiger. B. Children. I have three children: 1. Donald U. Frutiger, Jr.; 1. Lauren Frutiger; (') ~=:; 0 <":-1) :~~ C")C) i (.) ..11 ,'---;c: - .JJ --1 r"'...) .-= = -...I (/,) rr1 -0 N .c:- 2. Susan M. Stough; and 3. Elizabeth A. Lobato. C. Grandchildren. I have three grandchildren: ::0- :1t "I; - .. 2. Adam Frutiger; and N 3. Jordan Frutiger. ARTICLE II Pecuniary Bequests A. Charitable. I make the following bequests, subject to the condition that at the time of distribution, the organization is then described in Sections 170(c) and 2055(a) of the Internal Revenue Code of 1986, as amended (or successor provisions): 1. The sum of Ten Thousand Dollars ($10,000) to the Church of the Good Shepherd, Camp Hill, Pennsylvania; 2. The sum of Five Thousand Dollars ($5,000) to the School of the Church of the Good Shepherd, Camp Hill, Pennsylvania, to be distributed equally to the library and "wish list"; and . 3. The sum of Fifteen Hundred Dollars ($1,500) to Holy Spirit Hospital, Camp Hill, Pennsylvania. B. Individuals. I bequeath the sum of Twenty Thousand Dollars ($20,000) to each of Lauren Frutiger, Adam Frutiger and Jordan Frutiger, as survive me. ARTICLE III Tangible Personal Property A. Memorandum of Wishes. I may leave a writing disposing of some or all of my tangible personal property (other than items effectually disposed of above). If I do so, and the writing can be incorporated by reference into this Will or otherwise be legally binding, I direct that it be incorporated or followed and prevail over the disposition below in this Article. If the writing is not legally binding, I request that my wishes be followed. This provision shall apply whether the writing is executed before or after this Will. B. General Gift of Tangibles. I bequeath all my tangible personal property (other than items effectually disposed of above) equally among my children. If my son does not survive me, his share shall be distributed per stirpes among those of his issue who survive me, and my son's issue for all purposes under this Will shall be limited to his issue by Patricia Ann Edmondson-Frutiger. With regard to the property passing hereunder, distribution shall be made among my children on the basis of choices made in order determined by lot and rotation, and the values as finally determined for federal estate tax purposes (or if none, then the values as finally determined for state death tax purposes) shall be determinative with regard to the values of the property chosen, and any ultimate disparity among my children shall be equaled by such payments among them as may be necessary. If my son is not then living, the choices to which he would have been entitled shall be made by his issue in order determined by lot and rotation. C. Gift Includes Insurance. A gift of property under this Article includes my rights under any related insurance policies or the proceeds of such policies. ARTICLE IV Survivorship Any beneficiary hereunder who dies within sixty (60) days following the date of my death or the termination of or distribution from any trust under this Will for which entitlement the date of this beneficiary's death shall be relevant, shall be deemed to have predeceased me or to have died before the termination of or distribution from that trust, as the case may be, for all purposes of this Will. - 2- ARTICLE V Powers of Appointment I declare that I do not by this Will intend to exercise any power of appointment. ARTICLE VI Residue I give my residuary estate, real and personal, to my descendants who survive me, per stirpes, subject to the terms of the Descendants' Trusts under this Will. ARTICLE VII Descendants' Separate Trust Property that is to be held in the Descendants' Separate Trust shall be held under this Article and all references to the "Descendants' Separate Trust" shall be to the trusts held under this Article. A. During the Beneficiary's Life. The following provisions shall apply during the beneficiary's life: 1. The Trustees shall distribute to the beneficiary, the net income of the trust at least annually. 2. The Trustees shall distribute to the beneficiary, as much of the principal of the trust as the Trustees may from time to time determine, for the beneficiary's health, education, support in his or her accustomed manner of living, or maintenance. 3. The beneficiary may withdraw all the principal at any time after attaining age thirty (30). Prior to that, at any time after attaining the age of twenty-five (25), the beneficiary shall have the right to withdraw one-half of the then fair market value of the remaining trust assets. B. Upon Beneficiary's Death. Upon the beneficiary's death, the property then held in his or her trust shall be distributed as follows: 1. To such one or more persons out of a class composed of the beneficiary's descendants, and surviving spouses of the beneficiary's descendants on such terms as the beneficiary may appoint by a Will specifically referring to this power of appointment, or in default of appointment or insofar as an appointment is not effective. - 3- 2. To the beneficiary's descendants then living, per stirpes, subject to the terms of the trusts under this Article, or if there are no descendants of the beneficiary then living: a. If the beneficiary was a grandchild or more remote descendant of mine, to the descendants then living, per stirpes, of the beneficiary's nearest ancestor who was a descendant of mine with descendants then living, subject, however, to the terms of the trusts under this Article; or if there are no such descendants or if the beneficiary was a child of mine; b. To my descendants then living, per stirpes, subject, however, to the terms of the trusts under this Article. ARTICLE VIII Takers of Last Resort My Executor or the Trustees shall distribute any property that is not otherwise disposed of under my Will to the persons who would have inherited my personal estate, and in the shares that they would have inherited it, had I died a resident of the Commonwealth of Pennsylvania, unmarried and without a valid will, on the date on which expires the interest of the last beneficiary of the property under this Will. ARTICLE IX Payments to Minors Whenever income or principal becomes for any reason distributable to a person under twenty-one (21) years of age (described herein as the "Minor" regardless of the actual legal age of majority), my Executor or the Trustees may make the distribution in any way in which my Executor or the Trustees shall deem appropriate, including (but not limited to) those enumerated in this Article: A. Distribution to Trust. My Executor or the Trustees may hold the property in a separate trust for the Minor until the Minor attains twenty-one (21) years of age. My Executor or the Trustees may distribute to the Minor as much of the net income and/or principal of the trust as my Executor or the Trustees may from time to time determine, for any purpose, annually adding to principal any undistributed net income. When the Minor reaches twenty-one (21) years of age, my Executor or the Trustees shall distribute the property to the Minor, if then living, or otherwise: 1. to the Minor's descendants surviving the Minor, per stirpes, or in default thereof; 2. if the Minor was a grandchild or more remote descendant of mine, to the descendants then living, per stirpes, of the Minor's nearest ancestor who was -4- a descendant of mine with issue then living, or in default thereof or if the Minor was a child of mine; 3. to my descendants then living, per stirpes. B. Distribution to Custodian. My Executor or the Trustees may distribute the property to a custodian under any state's version of the Uniform Transfers (or Gifts) to Minors Act, including a custodian selected by my Executor or the Trustees. My Executor or the Trustees may select any age for termination of the custodianship permitted under the Act, giving due consideration to selecting twenty-one (21) years of age if that is permitted. C. Distribution to Donee of a Power During Minority. My Executor or the Trustees may actually distribute the property to anyone serving as Trustee under this Will, in a manner so that it then vests in the Minor, to hold the same as donee of a power during minority, such donee to have all the powers of a Trustee under this Will (including the power to apply the property for the Minor) and to be compensated as if the property were a separate trust, but with no duty to account to any court periodically or otherwise. D. Distribution to a Guardian of a Minor's Property. My Executor or the Trustees may distribute the property to a guardian of the Minor's property. E. Distribution to a Minor's Parent. My Executor or the Trustees may distribute the property to a parent of the Minor even if the parent does not assume any formal fiduciary capacity concerning the property. Distributions shall be made to a parent of a beneficiary only if the parent either is a descendant of mine or was married to a descendant of mine at the date of death of the descendant of mine who was the spouse of the parent to receive the distribution. F. Distribution Directly to a Minor. My Executor or the Trustees may distribute the property directly to the Minor if the Minor has attained fourteen (14) years of age and has the practical capacity to own the type and amount of property in question. G. Exoneration of Fiduciary for Distributions for Minor. My Executor or the Trustees shall be free from any responsibility for the subsequent disposition of the property if it is distributed in one of the ways specified in this Article. ARTICLE X Spendthrift Trust A. No Assignment. No interest in the trust shall be subject to the beneficiary's liabilities or creditor claims, assignment or anticipation. B. Protection from Creditors. If the Trustees shall determine that a beneficiary would not benefit as greatly from any outright distribution of trust income or principal - 5- because of the availability of the distribution to the beneficiary's creditors, the Trustees shall instead expend those amounts for the benefit of the beneficiary. This direction is intended to enable the Trustees to give the beneficiary the maximum possible benefit and enjoyment of all of the trust income and principal to which the beneficiary is entitled. ARTICLE XI Payment of Death Taxes All estate, inheritance, legacy, succession, generation-skipping, or other wealth transfer taxes that result from my death imposed by any domestic or foreign taxing authority with respect to all property taxable by reason of my death, together with interest and penalties on those taxes, shall be charged against and paid without apportionment out of the residue of my estate as an administration expense, and with no right of reimbursement from any recipient of any such property, and before any determination of my residuary estate or of any shares or interests therein. ARTICLE XII Executors and Trustees A. Initial Appointments. 1. I appoint my children, Donald U. Frutiger, Jr., Susan M. Stough and Elizabeth A. Lobato, as are willing and able to serve or continue to serve, to be Executors and Trustees of each trust under this Will. 2. Multiple Executors or Trustees, whether named by me or by another Executor or Trustee, shall serve together and each may serve even if one or more of them shall fail or cease to serve for any reason. B. Successors. 1. Any reference to "Executor" or "Trustee" includes any successor, unless expressly indicated. 2. Separate trusts hereunder may have different trustees pursuant to these provisions. 3. In the event that the sole Trustee of a trust is a beneficiary of the trust, the Trustee may appoint but shall not be required to appoint a Co-Trustee as provided herein. A beneficiary's interest shall not be merged or converted into a legal life estate or estate for years because the beneficiary is the sole Trustee, but if this would still happen under applicable law, then a Co-Trustee shall be appointed in preference to such merger or conversion. - 6- C. Additional Provisions Regarding Changes in Fiduciaries. 1. Any Executor or Trustee may resign at any time without court approval and whether or not a successor has been appointed. 2. If only one person is serving as Executor or Trustee, he or she shall have the right to appoint a successor individual Executor or Trustee by an instrument in writing, such appointment to take effect upon the death, resignation or incapacity of the appointing Executor or Trustee. An appointment may be changed or revoked until it takes effect. If I have named a successor or successors to the appointing Executor or Trustee in this Will, the appointment of a successor under this paragraph shall take effect only if and when all persons that I have appointed fail to qualify or cease to act. 3. The individuals (and any corporation) acting as my Executor or the Trustees may at any time acting unanimously by written instrument appoint an individual or a corporation with fiduciary powers as a Co-Executor or Co- Trustee. 4. If the office of Executor or Trustee of a trust is vacant, and no successor takes office pursuant to any other provision of this Will, an individual or corporation with fiduciary powers may be appointed as Executor or Trustee by a majority of my adult descendants then living and competent. 5. An Executor or Trustee may be appointed pursuant to this Article for a limited purpose or to hold only specified powers. D. Accountings and Other Proceedings. 1. I direct that my estate or a trust hereunder be subject to independent administration with as little court supervision as the law allows. My Executor and the Trustees shall not be required to render to any court annual or other periodic accounts, or any inventory, appraisal, or other returns or reports, except as required by applicable state law. My Executor and the Trustees shall take such action for the settlement or approval of accounts at such times and before such courts or without court proceedings as my Executor or the Trustees shall determine. My Executor or the Trustees shall pay the costs and expenses of any such action or proceeding, including (but not limited to) the compensation and expenses of attorneys and guardians, out of the property of my estate or the trust. The Trustees shall not be required to register any trust hereunder. 2. I direct that in any proceeding relating to my estate or a trust hereunder, service upon any person under a legal disability need not be made when another person not under a disability is a party to the proceeding and has the same interest as the person under the disability. The person under the disability shall nevertheless be bound by the results of the proceeding. The - 7 - same rule shall apply to non-judicial settlements, releases, exonerations, and indemnities. E. Fiduciary Powers. My Executor and the Trustees may, without prior authority from any court, exercise all powers conferred by this Will or by common law or by any fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to this Will or to any trust hereby created. My Executor and the Trustees shall have absolute discretion in exercising these powers. Except as specifically limited by this Will, these powers shall extend to all property held by my Executor and the Trustees until the actual distribution of the property. The powers of my Executor and the Trustees shall include the following powers: 1. My Executor may pay my debts as soon as practicable in the course of the administration of my estate, and pay my funeral and burial expenses without regard to any limits otherwise imposed by law on funeral and burial expenses. 2. My Executor may payout of my general estate administration expenses incurred in connection with real or tangible personal property located outside of my domicile. 3. My Executor or the Trustees may determine what property is covered by general descriptions contained in this Will. 4. My Executor may determine whether and to what extent to elect to qualify any eligible property for the federal or state marital deduction, even though an Executor may have an interest affected by the election. 5. My Executor or the Trustees may make any election available under the tax laws in such manner as my Executor or the Trustees shall determine, including any election to treat a revocable trust created by me as part of my estate for income tax purposes, even though an Executor or Trustee may have an interest affected by the election, except where an Executor or Trustee is prohibited from participating in the election by another provision of this Will. 6. My Executor or the Trustees may retain any property originally owned by me, and invest and reinvest in all forms of real and personal property, whether inside or outside the United States, including without limitation, common trust funds of a corporate Executor or Trustee, mutual funds, partnerships (including a partnership in which an Executor or Trustee is a partner), and other forms of joint investment (which may but need not be managed by, advised by, or affiliated with an Executor or Trustee), without regard to any principle of law limiting delegation of investment responsibility by executors or trustees. - 8- 7. My Executor or the Trustees may compromise claims or debts and abandon or demolish any property which my Executor or the Trustees shall determine to be of little or no value. 8. My Executor or the Trustees may sell property at public or private sale, for cash or upon credit, exchange property for other property, lease property for any period of time, and give options of any duration for sales, exchanges or leases. 9. My Executor or the Trustees may join in any merger, reorganization, voting- trust plan or other concerted action of security holders, and delegate discretionary powers (including investment powers) in entering into the arrangement. 10. My Executor or the Trustees may borrow from anyone, even if the lender is an Executor or Trustee under this Will, and may pledge property as security for repayment of the funds borrowed, including the establishment of a margin account. No Executor or Trustee shall be personally liable for any such loan, and such loan shall be payable only out of assets of my estate or the trust. 11. My Executor or the Trustees may, without the consent of any beneficiary, distribute in cash or in kind, and allocate specific assets in satisfaction of fractional shares or pecuniary sums including cash legacies among the beneficiaries (including any trust) in such proportions, not necessarily pro rata, as my Executor or the Trustees may determine, even though an Executor or Trustee has an interest affected by the distribution and even though different beneficiaries entitled to the same sum or share may thereby receive different mixes of assets, possibly with different income tax bases, as long as the fair market value of property on the date of distribution is used in determining the extent to which any distribution satisfies a sum or share. 12. My Executor or the Trustees may apply to the use of any individual, any property, whether principal or income, that otherwise would or could be distributed directly to such individual. 13. My Executor or the Trustees may, with respect to any real property: (i) partition, subdivide or improve such property and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of any real estate in which my estate or a trust hereunder has an interest and impose or extinguish restrictions on any such real estate; (ii) sell, exchange, lease for any period, mortgage, alter, or otherwise dispose of such property and execute any instrument necessary to do that; and (iii) charge to principal the net loss incurred in operating or carrying non-income producing real property. 14. My Executor or the Trustees may employ a custodian, hold property unregistered or in the name of a nominee (including the nominee of any bank, - 9- trust company, brokerage house or other institution employed as custodian), and pay reasonable compensation to a custodian in addition to any fees otherwise payable to my Executor or the Trustees, notwithstanding any rule of law otherwise prohibiting such dual compensation. 15. The Trustees may hold two or more trusts hereunder as a combined fund (allocating ratably to such trusts all receipts from, and expenses of, the combined fund) for convenience in investment and administration, but no combination of trusts for this purpose may alter their status as separate trusts. 16. The Trustees may consolidate any trust for a descendant with another trust having identical terms and the same Trustee (whether or not under this Will) and administer the two as one trust, provided that each portion of the consolidated trust shall terminate and vest in possession no later than the date required for the separate trust from which it came. 17. The Trustees may divide any trust into two or more separate trusts and administer them as separate trusts, either before or after the trust is funded, to enable GST Exemption to be allocated separately to one of the trusts, or to enable the election under Code Sec. 2652(a)(3) to be made separately over one of them, or otherwise to make possible a separate trust with a zero inclusion ratio, or because the trusts have different transferors for generation- skipping transfer tax purposes, or for any other purpose. Any such division shall be by fractional shares and each share shall participate pro rata in income, appreciation, and depreciation to the time of division. Any relevant pecuniary amount (such as the obligation to pay an annuity, or the right to withdraw that amount referred to in Code Sec. 2514(e)(1) (currently, Five Thousand Dollars ($5,000.00)) shall be applied pro rata to the separate trusts based on the fractional shares into which they are divided. 18. My Executor or the Trustees may employ and rely upon advice given by accountants, attorneys, investment bankers, and other expert advisers, and employ agents, clerks and other employees, and pay reasonable compensation to such advisors or employees in addition to fees otherwise payable to my Executor or the Trustees, notwithstanding any rule of law otherwise prohibiting such dual compensation. 19. My Executor or the Trustees may accept or decline to accept additions from any source. 20. My Executor or the Trustees (excluding, however, any Interested Trustee) may allocate receipts and disbursements to income or principal in such manner as my Executor or the Trustees (excluding, however, any Interested Trustee) shall determine, even though a particular allocation may be inconsistent with otherwise applicable state law. My Executor shall follow any -10- direction by the Trustees of a trust (excluding, however, any Interested Trustee) with respect to allocations affecting property passing to that trust. 21. My Executor or the Trustees may, with respect to rights or interests in oil, natural gas, minerals, and other natural resources (together with related equipment), including oil and gas royalties and leases, whether owned in fee, as lessee, lessor, licensee, concessionaire, or otherwise, or alone or jointly as partner, joint tenant, joint venturer or in any other noncorporate manner: (a) drill, test, explore, maintain, develop and otherwise exploit, either alone or jointly with others, any such rights or interests; (b) enter into operation, farm- out, pooling or unitization agreements in connection with any or all of such rights and interests; and (c) extract, remove, process, convert, retain, store, sell, or exchange such rights and interests and the production therefrom, all in any manner, to any extent, on any terms and for any consideration. 22. My Executor or the Trustees (excluding, however, any Interested Trustee) may amortize in whole or in part the premium on securities received or purchased at a premium, or treat as income the gross return from such securities. I anticipate (but I do not direct) that the Trustees will consider amortization when failure to amortize would result in a substantial impairment of principal. My Executor shall follow any direction given by the Trustees of a trust (excluding, however, any Interested Trustee) with respect to amortizations affecting property passing to that trust. F. Exoneration from Security. No Executor or Trustee shall be required to give bond or other security in any jurisdiction, and if despite this exoneration a bond is nevertheless required, no sureties shall be required. G. Additional General Provisions Regarding Fiduciaries. 1. "Interested Trustee" means for any trust a Trustee who is (i) a transferor of property to the trust, including a person whose qualified disclaimer resulted in property passing to the trust; or (ii) a person who is or in the future may be eligible to receive income or principal pursuant to the terms of the trust. A Trustee described in (i) is an Interested Trustee only with respect to the transferred property (including income and gain on, and reinvestment of, such property). A person is described in (ii) even if he or she has a remote contingent remainder interest, but is not described in (ii) if the person's only interest is as a potential appointee under a non-fiduciary power of appointment held by another person the exercise of which will take effect only in the future, such as a testamentary power held by a living person. A Trustee who is not an Interested Trustee is a "Disinterested Trustee." 2. My Executor may make distributions directly from my estate to beneficiaries of a trust hereunder, but only at the direction of the Trustees authorized to make such distributions. - 11 - 3. Under this Will, if two or more separate trusts with the same beneficiaries and same terms are created, either by direction or pursuant to the exercise of discretion, I intend that the separate trusts may but need not have the same investments and may but need not follow the same pattern of distributions. The Trustees' powers shall be exercisable separately with respect to each trust. 4. Except to the extent specifically provided otherwise in this Will, references to my Executor or the Trustees shall, in their application to my estate or a trust hereunder, refer to all those from time to time acting as Executors or Trustees of that Trust and if two or more Executors or Trustees are eligible to act on a given matter they shall act by majority. In the exercise of discretion over distributions, if this Will provides that certain Trustees may participate in distributions limited by an ascertainable standard, while a different set of Trustees may participate in distributions for any purpose, if the two sets of Trustees (each acting by its own majority) want to distribute the same item of income or principal to different recipients, the distribution desired by the set of Trustees participating in distributions for any purpose shall prevail. 5. Individual Executors and Trustees shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the Executor or Trustee waives compensation. A corporate Executor or Trustee shall be compensated by agreement with the individual Executor or Trustee or in the absence of such agreement in accordance with its fee schedule as in effect at the time of payment. I authorize a corporate Executor or Trustee to charge additional.fees for services it provides to my estate or a trust hereunder that are not comprised within its duties as Executor or Trustee, for example, a fee charged by a mutual fund it administers in which my estate or a trust hereunder invests, or a fee for providing an appraisal, or a fee for providing corporate finance or investment banking services. I also recognize that a corporate Executor or Trustee may charge separately for some services comprised within its duties as Executor or Trustee, for example a separate fee for investing cash balances or preparing tax returns. Such separate charges shall not be treated as improper or excessive merely because they are added on to a basic fee in calculating total compensation for service as Executor or Trustee. Insurance proceeds and retirement benefits payable to my estate shall not be subject to Executor's compensation. 6. No Executor or Trustee shall be liable to anyone for anything done or not done by any other Executor or Trustee or by any beneficiary. 7. The fact that an Executor or Trustee is active in the investment business shall not be deemed a conflict of interest, and purchases and sales of investments may be made through a corporate Executor or Trustee or through any firm of which a corporate or individual Executor or Trustee is a partner, shareholder, proprietor, associate, employee, owner, subsidiary, affiliate or the like, and - 12 - . property of my estate or a trust hereunder may be invested in individual securities, mutual funds, partnerships, private placements, or other forms of investment promoted, underwritten, managed, or advised by an Executor or Trustee or such a firm. 8. My Executor and the Trustees may employ and rely upon advice given by investment counsel, delegate discretionary investment authority over investments to investment counsel, and pay investment counsel reasonable compensation in addition to fees otherwise payable to my Executor or the Trustees, notwithstanding any rule of law otherwise prohibiting such dual compensation. My Executor and the Trustees may acquire and retain investments that present a higher degree of risk than would normally be authorized by the applicable rules of fiduciary investment and conduct. No investment, no matter how risky or speculative, shall be absolutely prohibited, so long as prudent procedures are followed in selecting and retaining the investment and the investment constitutes a prudent percentage of the trust. My Executor and the Trustees shall not be under any duty to diversify investments regardless of any rule of law requiring diversification. 9. The fact that an Executor or Trustee (or a firm of which an Executor or Trustee is a member or with which an Executor or Trustee is otherwise affiliated) renders legal or other professional services to my estate or a trust hereunder shall not be deemed a conflict of interest, and my Executor or the Trustees may pay fees for such services to such Executor or Trustee or firm without prior approval of any court or any beneficiary and whether or not there is a Co-Executor or Co-Trustee to approve such payment. An attorney or other Executor or Trustee who also renders professional services shall receive full compensation for both services as Executor or Trustee and the professional services rendered, except as specifically limited by law. 10. No state law restraint on acts of self-dealing by a fiduciary shall apply to an Executor or Trustee who is a descendant of mine. Except when prohibited by another provision of this Will, such an Executor or Trustee may enter into transactions on behalf of my estate or a trust hereunder in which that Executor or Trustee is personally interested so long as the terms of such transaction are fair to my estate or the trust. For example, such an Executor or Trustee may purchase property from my estate or the trust at its fair market value without court approval. 11. If I have given the Trustees discretion concerning distributions of income or principal, that discretion shall be absolute and uncontrolled, and subject to correction by a court only if the Trustees should act utterly without reason, or in bad faith, or in violation of specific provisions of this Will. If I have set forth general guidelines (as opposed to directions or dollar limits) for the Trustees in making distributions, those guidelines shall be merely suggestive and shall not create an enforceable standard whereby a distribution could be criticized or compelled. It is my strong belief that the Trustees will be in the best - 13 - . position to interpret and carry out the intentions expressed herein under changing circumstances. This paragraph shall not, however, apply to any standards framed in terms of health, education, support (including support in an accustomed manner of living) or maintenance as those words shall create an ascertainable standard for federal tax purposes when applied to a trustee's power or a power held individually, although even in those cases the holder of the power shall have as much discretion as consistent therewith. An Interested Trustee may exercise discretion to make distributions to himself or herself subject to an ascertainable standard notwithstanding any contrary rule of law. 12. Notwithstanding any other provision of this Will, each Trustee is prohibited from making, voting on, or otherwise participating in any discretionary distribution of income or principal from a trust that would discharge or substitute for a legal obligation of that trustee, including the obligation to support a beneficiary of the trust. Subject to that, in exercising discretion over distributions, the Trustees may consider, or may disregard, other resources available to any beneficiary. 13. Unless I have specifically provided otherwise, and subject to any ascertainable standard governing its exercise, the Trustees' discretionary power to distribute income or principal includes the power to distribute all of such income and/or principal to one or more members of a class to the exclusion of others whether or not the terms of the trust specifically mention that possibility. 14. A Trustee may irrevocably release one or more powers held by the Trustee while retaining other powers. 15. Any Executor or Trustee may delegate to a Co-Executor or Co-Trustee any power held by the delegating Executor or Trustee, but only if the Co-Executor or Co-Trustee is authorized to exercise the power delegated. A delegation may be revocable, but while it is in effect the delegating Executor or Trustee shall have no responsibility concerning the exercise of the delegated power. ARTICLE XIII Definitions and Miscellaneous Provisions The following definitions and miscellaneous provisions shall apply under this Will: A. Children and Descendants Whenever Born. References to "children" and "descendants" shall include children and descendants whenever born. B. Surviving Spouse. An individual's "surviving spouse" means the person (if any) surviving the individual to whom the individual is married at the time of the individual's death. - 14 - . C. Determining Descendants. One's children and other descendants shall be determined according to applicable law, except to the extent modified by this paragraph or by any other specific provision of this Will. 1. A child adopted before he or she attains eighteen (18) years of age (but not after attaining that age), shall be treated under this Will as a child and descendant of his or her adopting parents and their ancestors. 2. A biological child shall not be treated as a child or descendant of any biological parent of the child or of the ancestors of such biological parent, if the child has been surrendered for adoption with the consent of such biological parent and the child's adoptive parent substitutes for such consenting parent under applicable state law. 3. A biological child born out of wedlock shall not be treated as a child or descendant of his or her biological parents or their ancestors unless and until his or her biological parents marry one another before the child attains eighteen (18) years of age, unless the child is adopted before attaining eighteen (18) years of age. 4. Adoptions and marriages that are recognized under this Will shall not affect prior distributions or other interests that have previously vested in possession, but they shall enable a person to receive distributions from or remainder or other interests in a trust still in existence. The descendants of a person who is treated as a child or descendant under this Article, shall also be treated as descendants of such person's ancestors. The descendants of a person who is treated as not being a child or descendant under this Article, shall also be treated as not being descendants of such person's ancestors. 5. For all purposes under this Will, the issue of Donald U. Frutiger, Jr., shall be limited to his issue by Patricia Ann Edmondson-Frutiger. D. Tangible Personal Property. The term "tangible personal property" includes personally held art, antiques, stamp and coin collections, and other collectibles. Subject to that, it does not include property primarily held for investment purposes. It does not include any property held for use in a trade or business, ordinary currency and cash, or bullion. E. Per Stirpes. Property that is to be divided among an individual's surviving or then living descendants "per stirpes" shall be divided into as many equal shares as there are children of the individual who are then living or who have died leaving surviving or then-living descendants. A share allocated to a deceased child of the individual shall be divided further among such deceased child's surviving or then-living descendants in the same manner. F. Minor and Adult. Whether an individual is a minor or an adult shall be determined under the laws of the individual's domicile at the time in question, except in cases - 15 - . . when this Will has specifically defined "Minor" to mean a person under twenty-one (21) years of age. G. Code and Regulations. References to the "Internal Revenue Code" or "Code" or to provisions thereof are to the Internal Revenue Code of 1986, as amended at the time in question. References to the "Regulations" or "Regs" are to the Treasury Regulations under the Internal Revenue Code. If by the time in question a particular provision of the Internal Revenue Code has been renumbered, or the Internal Revenue Code has been superseded by a subsequent federal tax law, the reference shall be deemed to be to the renumbered provision or the corresponding provision of the subsequent law, unless to do so would clearly be contrary to my intent as expressed in this Will, and a similar rule shall apply to references to the Regulations. H. Disabled Trustee. A Trustee is "disabled" (and while disabled shall not serve as Trustee) when a written certification is in effect that the examined Trustee is physically or mentally incapable of managing the affairs of the trust, whether or not there is an adjudication of the Trustee's incompetence. 1. This certification shall be valid only if it is signed by at least two (2) physicians, each of whom has personally examined the Trustee and at least one (1) of whom is board-certified in the specialty most closely associated with the alleged disability. 2. This certification need not indicate any cause for the Trustee's disability. 3. A certification of disability shall be rescinded when a serving Trustee receives a certification the former Trustee is capable of managing the trust's affairs. This certification, too, shall be valid only if it is signed by at least two (2) physicians, each of whom has personally examined the Trustee and at least one (1) of whom is board certified in the specialty most closely associated with the former disability. 4. No person is liable to anyone for actions taken in reliance on the certifications under this paragraph, or for dealing with a trustee other than the one removed for disability based on these certifications. I. Gross Estate. "Gross estate" means my gross estate as determined for federal estate tax purposes (or for state death tax purposes where relevant). - 16 - " . t(v( IN WITNESS WHEREOF, I have hereunto subscribed my name on this _ day of ~ 2004. ~~ C'. ~ JO NNA C. FRUTIGER Signed, sealed, published and declared by JOHANNA C. FRUTIGER, the testatrix above named, as and for her last will and testament, in our presence, and we in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses: ~~~R ~~~~~~A:JJo .ffi --- -........ , Address: c....... -17- c .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. l! ~~ On this, the L\ day of Ootebcr, 2004, before me, a Notary Public in and for the above-named Commonwealth and County, the undersigned officer, personally appeared Richard W. Stevenson (tD #7120) known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that he was personally present when Johanna C. Frutiger, whose name is subscribed to the within Last Will and Testament, executed the same, and that said person has acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL KAREN D. RAFFERTY, Notary P\bIic City of HIlTisbuIg. PA Dauphin County My Commillion Expires Feb. 13, 2006 - 18 - REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYL VANIA !J I -07-0YIRY C) S;o '],~f;. ~ -:: -n ~ Cr_; 5~ {3~ =D -, "-:> = c;:;..l -.. (./) "'1 .,., "-.) +- _.; _u..J OATH OF SUBSCRIBING WITNESS(ES) ;boo 3: N Estate of JOHANNA C. FRUTIGER , Deceased Richard W. Stevenson . ~ a subscribing witness to (Print Namels) the IZJWill 0 Codicil(s) presented herewith,~ being duly qualified according to law, depose(s) and say(s) that ~/ he / ~ wasi~ present and saw the above }f~~ Testatrix sign the same and that she /~ signed the same and that ~D/ he / tk~ signed as a witness at the request of j the ~/ Testatrix. III her1C~ presence ~iW (Signature) (Street Address) PO Box 49 (Street Address) (City, State, Zip) Bowmansdale, P A 17008 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day Executed out of Register's Office Sworn to or affirmed and subscribed ~ l./ 't1--. before me this day , JODI. of otary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Deputy for Register of Wills NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy ofinstrument(s) at time of notarization. Form RW-03 rev. 10.13.06 NOTARIAL SEAL UNDA M. ESHELMAN, Notary Public City of Harrisbur;;, County of Dauphin My Commission Expires October 19, 2009 REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYL VANIA /)1-07-{)~& C) ~=O ~ -C) '-n 'XC) "~ r-~~ -~~; ;~ f'-_J ,= 12':::> "-.J (/) r~ <::J f'J -&:-- OATH OF SUBSCRIBING WITNESS(ES) ~. ) r-~. <:-:-? ,,;'{ :;.?~ :z:,. --.-.,.,. -,,4. -- " ; I '" Estate of JOHANNA C. FRUTIGER , Deceased Bonnie Stevenson . ~) a subscribing witness to (Print Name/s) the IZ'JWill CJ Codicil(s) presented herewith,~) being duly qualified according to law, depose(s) and say(s) that she 'd~x*~ was fYWereX present and saw the above ~tiit& / Testatrix sign the same and that sheX1leX&)tx signed the same and that she / :tix'~~ signed as a witness at the request of the ~/Testatrix III hertmuc presenceauddn{~aclxllltba. (Signature) ~~~ (Signature) (Street Address) PO Box 49 (Street Address) (City, State, Zip) Bowmansdale, P A 17008 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day Executed out of Register's Office Sworn to or affirmed and subscribed ~ beforemethis~..... day of t.l , :;Jr:rn of otary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Deputy for Register of Wills NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrurnent(s) at time of notarization. Form RW-03 rev. 10.13.06 NOTARIAL SEAL LINDA M. ESHELMAN, Notary Public City of Harrisburg, County of Dauphin My Commission Expires October 19, 2009 RENUNCIATION C) i~~p .-=;"Ii! . =n -,,-." ~,--, ~C) C:::) C'::.:) -... C/) ", ' 'I .) "l:J I f\) .s:- REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA g,/-o7-0~(;~ .:h. ~ - - " N Estate of JOHANNA C. FRUTIGER , Deceased I, ELIZABETH A. LOBATO (Print Name) Daughter (and named Executor) , in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Donald U. Frutiger, Jr. CJ /20/ 107 ~~ (Date) 79 Fairway Drive (Street Address) Camp Hill, PA 17011 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciatiMfor the pu 0 es state within on this dl./ day of , dDtJ 7 Deputy for Register of Wills (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 NOTARIAL SEAL UNDA M. ESHElMtJII. Notary Public City of H~~burg. County of Dauphin My CommIssIon Expires October 19. 2009 RENUNCIATION Q ~,~o ~-'-) -/"1 .~r' r--- -~.; :'::.-L ::-: C,:! .~ c .~5 ;~( .. ,;. .~3 (~~ -." =15 ._,:7 -j ~.....;..~ ~""<) c:...... c.:s -...... REGISTER OF WILLS CUMBERLAND COUNTY PENNSYL VANIA , (/) rri v f'~ -&:- ~/-o7-<?uCj ;:::". ~ - - .. w Estate of JOHANNA C. FRUTIGER , Deceased I, SUSAN M. STOUGH (Print Name) Daughter (and named Executor) , in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Donald U. Frutiger, Jr. 9-)^I-IJ} Ju..o~ HdJJ-!?JU~ (Signa ~ c:J' (Date) 810 South York Road (Street Address) Dillsburg, P A 17019 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the pu ses state within on this ~ 1(1-" day of ~ D() 7 Deputy for Register of Wills otary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 NOTARIAL SEAL UNDA M. ESHEU..>.l, ;-.Jotary Public City of Harrisburg, County of Dauphin My Commission Expires October 19, 2009