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HomeMy WebLinkAbout01-10-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of EDNA A. HOVETTER also known as File Nwnber ~ \ at) ObLtci . Deceased Social Security Nwnber Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the CO-EXECUTORS last Will of the Decedent dated 08-27-1992 and codicil(s) dated 04-22-1998 named in the (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered fOl' probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If applicable, enter: c.t.a; db.n.c.t.a; pendente lite; durante absentia; durante minoritate) ,..., Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following s~ (if any) an~irs: (If Administration, c.t.a. or db.n.c.t.a., enter date o/Will in Section A above and complete list o/heirs.) c -c;: 0 = R~_~~~ ! ~ .:--J; == Name Relationship I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his / her last principal residence at 125 STOUGHSTOWN ROAD. SHlPPENSBURG. SOUTH NEWTON TOWNSHIP. PA 17257 (List street address, town/city, township, county, state, zip code) --i c...;, - <::) Decedent, then 87 PA.I7201 years of age, died on DECEMBER 29, 2007 at CHAMBERSBURG HOSPITAL, CHAMBERSBURG, Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania 2,000,000.00 $ $ $ $ 155,000.00 situated as follows: 125 STOUGHSTOWN ROAD, SHIPPENSBURG, SOUTH NEWTON TOWNSHIP, CUMBERLAND COUNTY, P A 17257 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 7210 TALHELM RD, CHAMBERSBURG, PA 17201 3 FOX HOLLOW LANE, CARLISLE, PA 17015 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or aflmn(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner( s) and that, as personal representative( s) of the Decedent, Petitioner( s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~dd~ gnature ~,;bl Representative ~~Jii,~~ e ofPersoruil Representative Signature of Personal Representative ~) :-:; <::::) ..~_: ~n '--;----) : -L... ~....) . .. '-'..1 !">o..., C::;:"> = = L ~ - . , , "-::.;z: C> . '-.J f, ~ ..J File Number: ~\ bB o6lfa =~; w C) Estate of EDNA A. HOVETTER , Deceased Social Security Number: Date of Death: 12-29-2007 AND NOW, (\.,. " " ~ I 0 ,.d.@. in oonside<ation of the foregoing Petition, _tact",y proof having been present~ IS CREED that Letters TESTAMENTARY are hereby granted to THOMAS L. HOVETTER & TIMOTHY G. HOVETTER in the above estate and that the instrument(s) dated 08-27-1992 & 04-22-1998 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ..~.1 55.0(::1). $ Short Certificate( s) . . . tj. " $ Renun0~/ts) .......::: ~ -.JLP ... $ ~.fO ... $ ... $ '" $ ... $ ... $ '" $ '" $ TOTAL .............. $ / ;;). (n 0 /(P Attorney Signature: )S to ~ Attorney Name: Supreme Court LD. No.: 65184 Address: I IRVINE ROW CARLISLE, PA 17013 Telephone: 717-249-7780 13d.IOO~ Form RW-02 rev. 10.13.06 Page 2 of2 t1 J U:USU) Kh V (0 I/O?) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 14007356 Certification Number This i~ to certify that the information here given i correctly copied from an original Certificate of Deatl duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office for nent filing. 7 egistra~ 0 "-::0 -"0 _ - I' ( ) '-.'- r-- f,-l -", .--',./ L- ::;;:-~ ----- -- - J o (-) --n -;J ::.r;: w C> ;'; H1Q5.143 REV 1112006 TYPE J PRim IN PERMANENT BlACK iNK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) l.Nameol~(First,_,Iasl,_1 Edna A. Hovetter 5,Age(LastBirthdayj 87 6, Dale 01 81"" (Month, da, or) 7,Birth\>8<:e(Cityand_'" S. Newton Twp. CUmb. Ct., PA 8d, FadIiIy Nome (n nol ..liM.... g;.. _ and numbe'l July 16, 1920 y~. 8b, County 01 Death Franklin DOlher - Spec", 10. Fl8ce:Arrfericanlndlan, Black. While,etc. ~e most of life. Do no( &late fef kindolBuslness/1nduslJy Chambersburg Hospital 12, w.. _ _.!he 13, Docedent'. Edu<:alioo (Speclfy or/y h;gtlesl gnode """"'"'''') U.S.Armad Foroet'? Elementary I Secondary (()"12) College (1-4 or 5+) ~.. DNo 12 -~ "'uaI-.. 17a,Slale PennsYlvania 14. MacitaI Status: ManiecI, Never Married, Widowed,DiYoroed(Specifyj Widowed 11. Dadenl's Usual iorI kind 01_ Homemaker . 16,_.Maiing-..s(Slreat,oiy/_,_.zi!looda) 125 Stoughstown Road Shippensburg. PA 17257 17b,County Cumberland lJi<l_ Live In a 17e,fgv..,_livodin S. Newton TOWI1'~? 17d.D No, _,livod_ Actual Lmts of Twp, City/llore ~ ~ ~ 18. Father's Name (FII'St, mickle, Jut, 8Uffjx) Samuel I. Devor 208. Informant's Nalme (Type f Print} Thomas L. Hovetter 21a \IoihodolD;eposilion . ~ Burial 0 Ramova/fromSlale DOIl'er- '; ~ otflkl8l'8l .~ ~ 19. Mother's Name (Fic6I. middle. maiden Sutl\lll'lE!) Ruth Campbell 200,1_. MaiIilgAddrass\Slreel. dly ,_ _, zip oodal 7210 Talhelm Road, Chambersburg, 21. Place 01 Oisposilion (Narneol cemele'l',eremalOry "'-l'lacel Hays Grove Cemetery '-2-4-26 must be _by """'" w!Io~_, ..... CALISE OF DEATH (See Inatructlor'ls end examples) Item 27. Parl/: Entecthe~-<iseases,~, or~-lha1 clC8Cllycausedlhedeath. DONOT8nlecterminaleventssudl ascardiacam;!S~ respiraloryarrest,orventricularfibrilationwitholJtshowing\he~.Us\only~causeOl1eachioe. / ="~=~J~ a. A.v.w;. L ~ Tbvv-- " N'Wl-, / { VA-- Oull\o\"'..a_~' I 'I b. d}!'> , e Oull\O\"'?.:7I:';oIl {'V'f ~ (twc,';' / C~ ~fL, d. Oueto{ora&a~rY' . I Approximateinlecval: , Onset to Dealh I I I I I I I I I I I I I I I I IS c =:J.,isl~'~~e Ente(!he UNDERLYING CAUSE =:e ~1gry.,~nr..nr.e lj J \, " 308. Was an Au\opSy Poriormed'l 3Ob. Were Aulopsy Firdngs ^Y8Jlabk!PriorIo~ion 01 Cause of Dealh? 31. Manner of Deolh )ZfH.....i D- O A<eidenl 0 _ "-ligatiOll o Suicide 0 Co<id Net be OeIemlinad M. ~ V t:: I i'$ is ~ ;z Dyes ~ . DYes ONe 32d. Trne of I~ury 338, Ce!\ifi8< (""'" enIy eoe) CenI1ylng pl1ysl<lan (Physician cerlilylng cause 01_ .... """"" physieIao has prooounced dealh and o;ompleted!\em 22) To the but of "'1 know\e\ige, defIIh occ::urred due to the cause(s) and manner as stated.. - _ - - - _ - - - - - -.. - - - - - - -.. - -.. - -.... - -..- :=~:=~:~~;~~a~~~:~:u:=~~:,mannenssl8led..____..____.._____.... 0 ==~~= and J or Investigation, If! my optn.~. death occurred at the tlme, date, al\<l place, ,116 due to the ClIUse(S) and manner as Iitale<L 0 "f I ., I' c;- 36 OaIe ''''' (Monlh, day, year) I ~I.: I~ I ~I :11 2,,1);1 Di_"'" Perm;' No ex)"? G;>t :s ~ 35. Regis1r.u's Signalure 900 Dislricl ~ . 1).;5/1 ./1 - J 28. Old Tob&:co Use CcnIrbie 10 Deeth? DYes DPtobably ~D- 29,~, /Ll Not 1"_'-""""" o Ptegnant al time oI"'~ o NoIpregnanl.""'_within42days oId9alh o NoIp"lJIl8nl,bLl pregNI" 43 days 10 1 ,.., beforedea.lh o UnknowrlllJ;fegJl8nlwitrnnthepaslyear 32c. Place oIl~ry: Home, Farm. Slreet, Factory, 0lbce1>.liidrlg,e\e,(Speeity) 32g.localionof In;ury(Street,c/Iy/lOWfl.slale} 177.0 \ ~,"j LAST WILL AND TESTAMENT OF EDNA A. HOVETTER '."::1 (-) C) I, EDNA A. HOVETTER, of Shippensburg, Cumbe~~and ~~unty, :];c. CJ Pennsylvania, declare this to be my Last will and Testament, and revoke any and all wills and Codicils made by me. ITEM I: I direct that all my just debts and funeral expenses, including my grave marker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease, as a part of the expense of administration of my estate. ITEM II: I give my household and personal effects and other tangible personal property of like nature to my spouse, WILLIAM F. HOVETTER, JR., if he survives me, together with all insurance policies thereon, if any. If my spouse, WILLIAM F. HOVETTER, JR., does not survive me, I give such property to those of my children who survive me, in approximately equal shares. ITEM III: If my spouse, WILLIAM F. HOVETTER, JR., survives me, I give, devise and bequeath to my Trustee, hereinafter named, to be held IN TRUST, during the life of my said spouse, WILLIAM F. HOVETTER, JR., a sum equal to the maximum dollar amount, if any, which can pass free of federal estate tax in my estate by reason of the unified credit against federal estate tax allowable to my estate on the date of my death (the "credit shelter amount"), reduced by the aggregate of (1) all items includable in my estate for federal estate tax purposes which either are disposed of in previous articles of this Will or pass outside of this will but only if such items do not qualify for the federal estate tax marital deduction or the federal estate tax charitable deduction, and (2) the amount of any administration expenses claimed as income tax rather than estate tax deductions and (3) the amount of any state death taxes payable by my estate. This trust shall be referred to and known as my Credit Shelter Trust. The aforementioned sum shall be held for the following uses and purposes: A. To pay the income to him in convenient installments, at least quarter-annually. B. The Trustee may apply the net income of this trust for the benefit of my said spouse should he by reason of age or illness be incapable of disbursing it. C. As much of the principal of this trust as the Trustee, in its sole and absolute discretion may from time to time think advisable for the support of my spouse to maintain him in the station of life to which he is accustomed at my death and after taking into consideration his other readily available assets and sources of income, including any benefits he may enjoy from Social Security, Medicare, and Medicaid programs, benefits from the trust established in Item IV of this Will, or during illness or emergency, may be either paid to him or applied directly for him. I direct that my Trustee make no distribution from Credit Shelter Trust principal which would reduce the 2 benefit to which my spouse would otherwise be entitled under any governmental program, including Social Security, Medicare and Medicaid. D. Upon the death of my spouse, WILLIAM F. HOVETTER, JR., the then-remaining principal and any accumulated or undistributed income shall be distributed in equal shares, one share to each of my children, TIMOTHY G. HOVETTER and THOMAS L. HOVETTER, or their issue, per stirpes (including my step-grandchild, NICOLE L. GROVE, who shall be regarded under this will as the issue of my son, Timothy); PROVIDED that if any beneficiary entitled to distribution shall then be under age twenty-eight (28), the share of such beneficiary shall be held by the Trustee, IN FURTHER SEPARATE TRUST, for the following uses and purposes: 1. If the beneficiary is under age eighteen (18), to expend and apply so much of the net income (any income not expended or applied to be accumulated and added to principal) and so much of the principal of each trust as the Trustee, after consultation with the guardian of said beneficiary, shall consider advisable for the support, maintenance and education (including college education, both graduate and undergraduate). 2. After the beneficiary attains the age of eighteen (18), thereafter to pay to such beneficiary the net income together with so much of the principal thereof as Trustee shall consider advisable for the support and 3 education (including college education, both graduate and undergraduate) of such beneficiary, after taking into consideration his other readily available assets and sources of income. 3. Up to one-third (1/3) of the then-remaining principal and accumulated income of that beneficiary's share at age twenty-two (22) on the request of the beneficiary shall be distributed to him at or after age twenty-two (22); up to one-half (1/2) of the then- remaining principal and accumulated income of his share at age twenty-six (26) at his request shall be distributed to him at or after age twenty-six (26); and up to the entire balance of principal and accumulated income then remaining of his share at his request shall be distributed to that beneficiary at or after age twenty-eight (28). Distributions at or after these stated ages shall be made only in the event the beneficiary requests such distribution by a writing intended to take effect during his lifetime, executed by him upon or after attaining each of the stated ages and delivered to my Trustee. 4. If any beneficiary shall die before receiving final distribution of his entire share, the undistributed balance shall be distributed to his surviving issue, per stirpes; PROVIDED, that if any such beneficiary is then under age twenty-one (21), the share of such beneficiary shall be held in FURTHER SEPARATE 4 TRUST governed by the terms stated in ITEM III-D until such twenty-first (21st) birthday, after which all principal and accumulated income shall be distributed upon written request. No distributions of principal on demand shall be made except in the sole and absolute discretion of the Trustee prior to the twenty-first (21st) birthday of the respective beneficiary. In default of any such issue, then to my then-living children or their issue, per stirpes, the share of any child whose original share is then being held IN TRUST to be added to and treated as part of that trust. E. I direct that my Executor and his successors shall not elect that this trust be included in my spouse's estate as a part of the marital deduction. This direction shall also apply as to sums added by virtue of a disclaimer by my spouse, pursuant to Items VI and VIII hereof. ITEM IV: If my spouse, WILLIAM F. HOVETTER, JR., survives me, I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wherever situate to my Trustee, hereinafter named, to be held in Trust during the life of my said spouse for the following uses and purposes: A. To pay the income derived from the principal to my spouse in convenient installments, at least quarter- annually. B. The Trustee may apply the net income of this 5 trust for the benefit of my said spouse should he by reason of age or illness be incapable of disbursing it. C. As much of the principal of this trust as the Trustee, in its sole and absolute discretion may from time to time think advisable for the support of my spouse to maintain him in the station of life to which he is accustomed at my death and after taking into consideration his other readily available assets and sources of income, including any benefits he may enjoy from Social Security, Medicare, and Medicaid programs, or during illness or emergency, may be either paid to him or else be applied directly for him. For purposes of invading principal, the principal of this Trust shall be exhausted prior to the Trustee invading principal from the Credit Shelter Trust established in Item III hereof. D. My spouse may at any time by written notice require my Trustee to either make any non-productive property hereof productive or convert such non-productive property to productive property within a reasonable time. E. My Executor shall be authorized, in his sole, exclusive and unrestricted discretion, to determine whether to elect (under Section 2056(b)(7) of the Internal Revenue Code of 1954, as amended, or any corresponding provision of state law) to qualify all or a specific portion of this Trust for the federal estate tax marital deduction and any marital deduction available under the 6 law of the state in which I am domiciled at the time of my death. I suggest, but do not direct, that in exercising such discretion, my Executor attempt to minimize (or eliminate, if possible) the federal and state estate, inheritance or other death taxes payable by my estate at the time of my death. However, my Executor should also consider the effect of his election upon the federal and state estate, inheritance or other death taxes which will be payable by my spouse's estate at his death. The decision of my Executor with respect to the exercise of the election shall be final and conclusive upon all persons whose interest in my estate are directly or indirectly affected by the election. F. Upon the death of my spouse, WILLIAM F. HOVETTER, JR., my Trustee shall pay the Executor of my spouse's estate all income accrued but undistributed at the date of my spouse's death. My Trustee shall then dispose of the principal as follows: 1. To pay to the Executor of my spouse's estate, out of the principal of the trust, am amount equal to the estate, inheritance, transfer, succession or other death taxes ("death taxes"), federal, state and other, payable by reason of the inclusion of the value of the trust property in his estate. Such payment shall be equal to the amount by which (1) the total of such death taxes paid by my spouse's estate exceeds (2) the total of such 7 death taxes which would have been payable if the value of the trust property had not been included in his estate. The determination by my spouse's Executor of the amount payable hereunder shall be final; I direct my Trustee to pay such amount promptly upon written request of my spouse's Executor. The final determination of the amount due hereunder shall be based upon the values as finally determined for federal estate tax purposes in my spouse's estate. After paYment of the amount finally determined to be due hereunder, my Trustee shall be discharged from any further liability with respect to such payment. My spouse may waive his estate's right to paYment under this subparagraph by a Will, executed after my death, in which he specifically refers to the right to payment hereby given to his estate. 2. To pay the principal, if any, remaining on my spouse's death and after payment of the tax reimbursement to my spouse's estate as hereinabove stated, in equal shares to my children, TIMOTHY G. HOVETTER and THOMAS L. HOVETTER, or their issue, per stirpes, as stated more completely in Item III D hereof. ITEM V: Should my spouse, WILLIAM F. HOVETTER, JR., predecease me, I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wheresoever situate in equal shares, one share to each of my children, TIMOTHY G. HOVETTER and THOMAS L. HOVETTER, or their issue, per 8 stirpes, as stated more completely in Item III D hereof. ITEM VI: If my spouse, WILLIAM F. HOVETTER, JR., makes a qualified disclaimer (as defined in Sec. 2518 of the Internal Revenue Code, as amended) with respect to all or any portion of the interest in property given to him under any provision of my Will, I give such disclaimed property interests to the Trustee of my Credit Shelter Trust, IN TRUST, for the benefit of my said spouse during his lifetime with the balance of the principal and interest passing to my children, TIMOTHY G. HOVETTER and THOMAS L. HOVETTER, all in conformity with the terms of Item III D hereof. ITEM VII: My Executor, Trustee, and their successors shall have the following powers in addition to those vested in them by law and by other provisions of my Will, applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. To borrow money from any person or institution, including my fiduciary and to mortgage or pledge any or all real or personal property as it in its sole discretion shall choose, without regard for the dispositive provisions of this instrument, except that no property passing to the marital deduction share shall be so mortgaged or pledged. B. To reasonably compromise claims asserted by or against my estate. 9 C. To join with my spouse in filing a joint income tax return without requiring him to indemnify my estate against liability for the tax attributable to his income, and to consent to any gifts made by my spouse being treated as having been made one-half by me for the purpose of federal laws relating to gift tax. D. To retain any or all of the assets of my estate, real or personal, without regard to any principle of diversification or risk. E. To sell at public sale, to exchange, or to lease for any period of time, any real or personal property and to give option for sales, exchanges, or leases, for such prices and upon such terms or conditions as they deem proper. F. To make loans to, to sell to, and to buy property from my or my spouse's executor or administrator or my trustee. This shall not be construed as a command to exercise these powers under any circumstances. All sums payable to the trust established in Item III hereof from whatever source shall be utilized for such loans or to purchase assets from my Executrix at final federal estate tax values. G. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal of my Credit Shelter Trust. 10 H. Notwithstanding any power granted expressly or impliedly herein, such shall be void and of no effect as to the marital gift if such would either eliminate said gift or reduce it below that elected by my Executor. Furthermore, in no event shall there be included in the Item IV bequest any asset or the proceeds of any asset which will not qualify for the marital deduction. Such assets shall be included in the principal of my Credit Shelter Trust. I. Either cash or investments or both may be allocated to the trust created in Item IV; provided that any property allocated in kind shall be valued at the value at which it is finally included in my gross estate for federal estate tax purposes, and further provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. ITEM VIII: Anything in this will to the contrary notwithstanding, any beneficiary under this will may, at any time and from time to time, release, renounce, or disclaim, in whole or in part, or otherwise limit any power or interest granted to such beneficiary under this Will, by written instrument, duly signed, acknowledged before a Notary Public 11 and filed with my Executor or with the Trustee of any trust hereunder. Such instrument need not take effect immediately and may be contingent upon the occurrence or nonoccurrence of any event. In addition, my Executor serving hereunder at any time may in like manner release, renounce or disclaim, in whole or in part, or otherwise limit any power granted to such fiduciary hereunder. ITEM IX: All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation to 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 X: All Federal, state and other death taxes payable because of my death 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 in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid out of the principal allocable to my Credit Shelter Trust without apportionment or right of reimbursement. Under no circumstances shall any such taxes be paid or payable from the proceeds forming a part or all of the marital trust of Item IV hereof. ITEM XI: I appoint DAUPHIN DEPOSIT BANK & TRUST COMPANY 12 to serve as the Trustee under this will. ITEM XII: I direct that no Executor, Trustee or their successors serving hereunder be required to post bond or enter security in any jurisdiction. ITEM XIII: I appoint my spouse, WILLIAM F. HOVETTER, JR., Executor of this my Last Will and Testament. Should my spouse, WILLIAM F. HOVETTER, JR., fail to qualify or cease to act as Executor, I appoint my children, TIMOTHY G. HOVETTER and THOMAS L. HOVETTER, or the survivor of them, Co-Executors of this my Last will and Testament. ITEM XIV: As Guardian of any property which passes under or outside of my Will to a minor and with respect to which I am authorized to appoint a Guardian and have not specifically done so outside of my Will, I appoint my surviving son. In the event my surviving son fails to qualify or ceases to act as Guardian, I appoint the surviving parent of the child as Guardian of the property passing to a minor. Such Guardian shall not be required to post bond or enter security in any jurisdiction and shall have all of the responsibility, authority and discretion herein granted to Trustee as to property held for minors. ITEM XV: All references herein to the singular or the masculine shall include the plural or the feminine respectively, where appropriate throughout this my Last will and Testament. Wherever the term "issue" is used in this Will, it shall include Nicole L. Grove, as if she were a natural 13 child of Timothy G. Hovetter, as well as any after born or adopted children of my sons, TIMOTHY G. HOVETTER and THOMAS L. HOVETTER. IN WITNESS WHEREOF, I have hereunto set my hand and seal this :;)7'11 day of t<{l~r:rLi ~ , 1992. <"", '..., ,// ,.r, /.;.... '7f-L1L-~/~~/7/'~ / ~ --t %-?../ (... " - - -~ v EDNA A. HOVETTER The preceding instrument, consisting of this and thirteen other typewritten pages, was, on the date thereof signed, published and declared by EDNA A. HOVETTER, the Testatrix therein named, as and for her Last Will, in the presence of us, who, at his request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. J;(WLl- f ~uL , J \~ W l..lIJl)'tM\;residing at t-\~ \Ar} I PA residing at ~l1Jj'.5 -Iv,ux, f1/ , 14 COMMONWEALTH OF PENNSYLVANIA 55: COUNTY OF DAUPHIN WE, EDNA A. HOVETTER, ,{A-fIf i?~ F/),.i( and jo YI Y A t-ul ~,,{ jf;1/J'}\ / , the Testatrix and the witnesses, respectively, whose names are signed to the attached or 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 their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~-/ /' '--'''7 / J~' / ..0 /V../:.~;y _ a~/.../..?:/~-" EDNA A. HOVETTER ttZJ.~ t.. fiLl. . Wl.tness I ~ iPL _ l L)--l ~ f\ fYY\Otrn witness ~ - Subscribed, sworn to and acknowledged before HOVETTER, the Testatrix, and subscribed anQ sworn by KIt-+A V /? /7.Ji/( and h)1 Y A tV; e.11' M.4 '}1 this d 7 day of ~J---'d , 1992: me by EDNA A. to before me , witnesses, NOTMIAl ~'"- " JNlUUllfl ~ ~ j !.IiMr~",," rA,A rk. """".' i.". ..."" "1(!,~.'lJftIlWI,, ,...~ ~IJ'!! HO\:' ',,,~,~4J"fj:f, ~.f' t, ,,',;<, L~:~,,~._~u .~. lsm (iodicd to Lad 1f/dI and f!7~ 0/ 6rPna s1. ~ C") (:) ,..r"".. c..J I, EDNA A. HOVETTER, of Shippensburg, Cumberland OOUnty, Pennsylvania, declare this to be the sole codicil to my Last Will dated August 27, 1992. ITEM I: I hereby revoke ITEM II and in lieu thereof provide as follows: I give and bequeath my household and personal effects and other tangible personal property of like nature to my spouse, WILLIAM F. HOVETTER, JR., if he survives me by thirty (30) days, together with all insurance policies thereon, if any. If my spouse, WILLIAM F. HOVETTER, JR., fails to survive me by thirty (30) days, I give such property, in equal shares, to my children, TIMOTHY G. HOVETTER and THOMAS L. HOVETTER, or the survivor of them. My children shall choose the items they each desire. In the event of any problem or disagreement, the determination of the attorney for my estate resolving such shall be final. To the extent my said children do not desire all of my tangible personal property, as set forth above, I give and bequeath such items for donation to either or both of the following charities in shares as my Executor determines, In his sole and absolute discretion: SALVATION ARMY and AMERICAN RED CROSS. ITEM II: In addition to the charitable donation contained in Item I above, I give and bequeath the sum of FIVE THOUSAND ($5,000.00) DOLLARS to TRINITY UNITED METHODIST CHURCH located in Walnut Bottom, Pennsylvania, for general church purposes. ITEM III: I hereby revoke ITEM X and in lieu thereof provide as follows: All federal, state and other death taxes payable because of my death, with respect to the property passing under this Will and forming my gross estate for tax purposes, including any interest or penalty imposed in connection with such tax, shall be paid out of the non-marital residue of my estate, if any. Any such tax, including interest or penalty imposed, due by virtue of taxable property forming my gross estate not passing under this Will shall be paid directly from such property and shall not be paid out of the marital or charitable deduction share of my estate. It is my specific command and intent herein that no property forming part of the marital or charitable deduction share of my estate be utilized 2 to payor be reduced by any federal estate or Pennsylvania (or other state) inheritance or estate taxes. ITEM IV: I hereby revoke ITEM XI and in lieu thereof provide as follows: I appoint DAUPHIN DEPOSIT BANK & TRUST COMPANY to serve as the Trustee under this will. My two sons, or the survivor of them, shall have the right to secure on demand the resignation of my corporate trustee and designate a corporate successor from time to time. ITEM V: In all other respects, I hereby ratify, confirm and republish my Last will dated August 27, 1992, together with this sole Codicil, as and for my Last Will. IN WITNESS WHEREOF, I have hereunto set my hand this 2" )) /t" /.. ! day of 1 A)/l ,\ / v t' , 1998. !~\. I \ c.""'- / (~~ t,:lc.l' ,.&X- ,.....' '/l r 1.-/( , ./7/ . (./(/,"-"....c (.../ /~;-;c / .' \ r"" ~_ -,' _..~r .... ,,' ,.- ./ EDNA A. HOVETTER Signed, published and declared on the date thereof by the above named EDNA A. HOVETTER as and for the sole Codicil to her Last Will dated August 27, 1992, in the presence of us, who at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. C$L~d ~ residing at ~' ;'f~V Jjlf 1-1~. at";(J/Ywkg /~ 3 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN ~ WE, EDNA A. HOVETTER, / /~ )J~j/ / 1-. b,j;. l1:/L and DONIIA (d, l.\-tJM6IU{l)) , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Codicil to her Last Will and Testament dated August 27, 1992, 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 Codicil as witnesses and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. -Z;~t~~ EDNA A. / Witness 1\ .I II II II I Subscribed, sworn to and acknowledged before me by EDNA A. HOVE~TER.., the Testatrix, and~.uubscrib:d and sworn tO,before me by /' \('( J. if · and 1:ii2ttlrj/'J- !.:. i(IM64/fP/, wltnesses, this ,~~j day of ~998. (:(1 kJ(~J Public Notarial Seal Mar~ha Fuller, Notary Public Hams.burg, Dauphin County My Commission Expires July 2.2001