HomeMy WebLinkAbout11-14-08Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Eleanor Haselhuhn No. %~\ ~',~~ ~,! r_~'`_x
also known as Helen Eleanor Haselhuhn ,Deceased
Social Security No. 188-12-9996
Petitionerls), who is/are 18 years of age or older, applylies) for:
(COMPLETE "A" OR "B" BELOW:)
[~ A. Probate and Grant of Letters and aver that Petitionerls) is/are the execut or named in the Last Will of the
Decedent, dated July 11, 1991 and codicil(s) dated_Auqust 19, 2006
(Heath L. Allen died on July 29, 2008; Keefer Wood Allen & Rahal, LLP pursuant to Item Tenth of the Decedent's Will
appointed Gary E. French, Esg, an attorney of said firm, to serve as Co-Executor in Heath L. Allen's stead)
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 documents offered for
probate; was not the victim of a killing and was never adjudicated incompetent:
B. Grant of Letters of Administration
Id.b.n.c.t. a.: pendente lire; durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse
(if any) and heirs:
Name Relationship Residence r~-~
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(COMPLETE !N ALL CASES:) Attach additional sheets if necessary. - -~{ ~ _ ,:`
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence 92 N. 25`I'
Street, Camp Hill, Cumberland Countv, Pennsylvania 17011
(list street, number and municipality)
Decedent, then 86 years of age, died October 13, 2008, at 492 N. 25th Street, Borough of Camp Hill, Cumberland County
Pennsylvania
ILOCationl
Decedent at death owned property with estimated values as follows
flf domiciled in PAI All personal property ...................................... $ 6,000,000
Ilf not domiciled in PA) Personal property in Pennsylvania ............................ S
(lf not domiciled in PA) Personal property in County ................................ S
Value of real estate in Pennsylvania ............................................................. $ 460,000
Total ...................................................................... S 6,460,000
Real Estate situated as follows: 492 N. 25 th Street, Camp Hill, Cumberland Countv, Pennsylvania; and, 422 E. Winding Hill Road
Mechanicsburg,Cumberland County Pennsylvania
Wherefore, Petitionerls) respectfully requestls) 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:
Si nature Typed or printed name and residence
~~ j/f Alan Kotz, a/ka Allen Kotz
~~; _~~ J -.*j,~i 1512 Hemlock Farms
Hawley, PA 17055
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Gary E. French, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street, P.O. Box 11963
Harrisburg, PA 17108
Form RW-1 Page 1 of 2 IVork County) -Rev. 9/92
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(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(s1 of the Decedent,
Petitioner(s) will well and truly administer t ,estate c.grding to law.
Sworn to and affirmed and subscribed
{ ~ Alan Kotz, a/k/~°ANen Kotz
before me this -_ j(f day of ~`°
r
October 2008 ~ ~L~~-~ ~ ' ~ ~°`°` -
_ ~ _ _ _ ~,
Social Security No: 188-12-9996 Date of Death: October 13, 2008
AND NOW, 2008, in consideration of the Petition on the
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ^ Testamentary ^ of Administration
are hereby granted to
d.b.n.c.t.; pendente lire; durante absentia; durante rninoritate
in the above estate and that the instrument(s) dated July 1 1, 1991 and August 19, 2006
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ........................... $
Register of Wills
Short Certificate(s)......30 .... $
Renunciation .................. $
Affidavit ( 1 ................. $_
Extra Pages ( )............ $.
Codicil .......................... $
JCP Fee ........................ $_
Inventory ....................... $_
Other ............................ $
TOTAL .......................... $
Attorney: Gary E. French, Esq.
I.D. No: 25810
Address: Keefer Wood Allen & Rahal, LLP
210 Walnut Street, P.O. Box 1 1963,
Harrisburg, PA 17108-1963
Telephone: 717-255-8015
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Estate of Eleanor Haselhuhn a/k/a Helen Eleanor Haselhuhn Deceased =_= c ~
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LOCAL REGISTRAR'S CERTiIrICATiOt~ OI° DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee tot this certiricate_ S6.U(1
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This is t<~ certih the) the infi~nnatitxF hcri" ,rnca~ iv
coriertly c<?pied )c>>/) ./FF .>ri~i!)::! C~~rtifiraie of 1)eiFth
Liul~~ filed ~~°ith Inc ~~.~, Lt~aFl Rc,•i,tra(~. T;Fe r.~ii ~ir,al
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Ev 11/2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
RINT IN
'NENr CORONER'S CERTIFICATE OF DEATH
<INK
431-370 (See instructeons and examples on reverse) „_.__ ~„ _......___ ~ \ ~ G , . ~ t
__ .__.._...__. '" ~ ~ r r 1 Tlh
f. Name of Decedent (First, middle, last, sulNx) 2. Sex 3. Social Secunry Number 4. Date of Death Month, da earl
Helen Eleanor Haselhuhn Female 188 - 12 ?9996 October 13, 2008
5. Age (last Binhday) Under 1 year Under 1 day 6. Date of Birth (Month, day, year) 7. Birthplace (City and stale or /orei n country) 8a. Place of Deam (Check only one)
85 t4omns Days Hours M,nmes Hospital Other.
A ril 22, 1923
P S e r a n t o n
P A
Y
,
rs.
^ Inpatient ^ ER /Outpatient ^ DOA ^ Nursing Home Residence ^Other
SpeClfy.
eh. County o! beam 8c. Ci Boro wp. of Death Bd. Faciliy Name (If not insMNion, give street and number) 9. Was Decedent of Hispanic Ongin? No ^Ves 10. Race Amencen Intlian, BWCk
White
etc
rland Camp Hill
C
b .
,
.
(If yes, specify Cuban, Sped
492 N. 25th Street
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~
um
e Mexican,PUenoRican,etc.) w
i
e
11. Decedent's Usual Occu tion Kintl of woM tlone Burin roost of workin tae. Do not stale retired 12. Was Decedent ever in the 13. DecetlenYS Education (Speciy only highest gratle completed) t 4, Marital Status: Married, Never Married, 15. Surviving Spouse (If wife
give maiden name)
Hind of Work KiM of Business !Industry .
U. S. Armed Forces? Elementary / SecorMary (0.12) College (1 d a 5+) Widowed, Divorced (Specify)
business nor ^vea~" 12 4 widowed
113. Decedents Mailing Address (Street, city /town, stale, zip code) Decedent's Did Decedent
4 9 2 N
2 5 t Yl S t Actual ResiUexa 77a. State P a n n e ~T 1 v a n i a
17c. ^ Yes
Decedent ^vetl In
.
.
Camp H i 11 , P A 17 01 1 ,
P
Tw
Townshi o
17b. County Cumberland p 17d.~, No, Decedent Lived within C d m H 111
Adoal umaa m _ P city. earn
18. Father's Name (First, rtdtlde, last, sulfa) 19. Mother's Name (FrsL middle, maiden sumamej
William Yevitz Mar Jurbala
20a. Infomwnrs Name (Type /Print)
Mary Ann Mohr 20b. Informant's Mailing Address (Street, cey /Town, state, zip code)
103 Ennerdale Lane, Pittsbur3h,PA 15237
21 a. ytemod of Dispoaitbn ^ Crematbn ^ ponation
}
4 21 b. Date of DlsposNion (Month, day, year) 21 c. Place of Dispositbn (Name of cemetery, crematory or other place) 21tl. Location (City I town, state. zip cotle)
rY
-
1~,9urial ^ Removal from gate !Wes Crematbn or Donetton AuMortzed
^ O e t. 17 , 2 0 0 9 I n d i a n t o w n Gap Nat . C a m . A n n v i 11 e
P A 17 0 0 3
O
t
^ her ~ Specify: by Medical Examiner /Coroner.
Ves ^ No ,
22a. turpEoLFUnerel Servk Licensee (or parson acting as such) 22b, Lk;ense Number 22c. Name aM Adtlress of Facility
,ii L{~T~~iiG=i^~t/( FD-013153-L Musselman FH&CS, 324 Hummel Ave. ,Lemoyne, PA 17043
Co to Items 23ac oMy when certirying 23a. To the best of my krwwledge, deem occurretl at the time, date antl place staled (Signature and tlbej 23b. License Number 23c. Oats Signed (Month
tla
ear)
physician is not available at time of death fo ,
y, y
certiry rouse of deem.
Items 24-26 must be completed by person 24. Time of Death p rX . 25. DaM Pronounced Dead (Mortch, day, yeap 26. Was Case Referred to Metlical Examiner /Coroner for a Reason Omer than Crematron or Donation?
wlw prorwura:es Beam. 3:00 A. M. October 13, 2008 Ves ^No
CAUSE OF DEATH (See InstruMlone and examples) r Approximate interval:
Item 27. Pan I: Enter the drain of events -diseases, Injuries, or complications -mat OkecHy caused the deem. DO NOT enter terminal events such as cardiac angst, r Onset to Death Pan II: Enter other Mari fi pmt conddion crontribyl nq to alh,
put not resulting In the undenying cause given in Pan I 2e. DId Tobacco Use Contribute to Death?
^ Yes ^ Probably
respiratory arrest, or ventricular fi6nllation wnhom showing the ekokxgy. List Doty one cause on each line. r
r
IMMEDIATE CAUSE (Final disease a r .
^ No ^ Unknown
condition rea°kingmdeam) -..~ a
Hvnertens ive Cardiovascular Disease ~ Diab
te
M
llit z9."Fama'B'
. e
s
e
us
DuB 10 (Of as a COnbCQUenCe 0(J: j ^ NOI pregnant wthin pabt yed!
Sequentially list coMkions, it any, b
lea Lnqq to tbe cause listed on Ime a.
~
Pregnant at lime of death
Due to or as a copse u
Enter Poe UNDERLYING CAUSE ( q once of):
^ Not pregnant, out pregnant wimin 42 tlays
(tlisease a injury that initiated tt1e p i
evems resultirg m death) LAST. r of death
Due to (or as a consequence of): r Not re nan6 but
P 9 Pregnant 43 days to 1 year
d. ~ ^ beronownall pregnant wthin the Pest year
30a. Was an ANOpsy 30b. Were Autopsy Findings 31. Manner of Death 32a. Date of Injury (bloom, ddy, year) 32b. Describe How Injury Occurred 32c. Place of Injury: Home. Farts
SfreeL Factory
Performed? Available Poor to Completion Tc~1 Natural ^ Homkxk
l ,
Olfce euiltling, etc. (Speciy)
of Cause of Death? am.
^ Ves ~No ^ Yes ^ No ^ Accident ^ Pending Investigation 32d. Tme d Injury 32e. Injury at Work? 32t. If Transportatlon Injury (Specify) 32g. Location of Injury (Street, city I sown, stale)
^ Suicide ^ Cald Not be Delartnined ^ Yes ^ No ^ Dover / Operator ^ Passenger ^Pedeslnan
M. Omer - Spadty:
33a. Cenifier (Brack only one) 336. Signature antl
• Cenlrying plryslclsn IPhysidan cenitying cause of deem when arwther physician has pronounced deem arM completed Item 23) C o r one r
To the best at my knowledge, death occurred due to tM cause(s) end manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ „ _ _ _ _ _ _ _ _ _ _ ^ -
• pronouncing and certdying physician (Physk:ian both prorrourrcing death and candying to cause of deem)
To the best of m
knowled
death accumed
t the time
e
dat
nd
a
l
d d
th
t
d
d
^ 33c. License Number 33d. Date Signed (Month, day, year)
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e cause(s) an
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
o
mamrer es staee
• Medical Examlrter/Coroner
On the Nasls of ezamfnation erM / or investigation
In my oplnlon
death occurred at the time
date
arM
lace
end due to tM
e
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,
,
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asels) en
manner as state
_ ~ a Addre of arson I
~~tld s, y~po Comp sled Cause y Deem (Item 27 Type I Print
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35. Regist r' ~ afure and
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"' 36. Date Fried (Month day, year) Chael
NOTYIS, I,OYOne
6375 Basehore Road Suite $1
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V I /p !S ~ Mechanicsburg, PA ~ 7050
Disposition Permit No. L / ,~( j:, ~ ~ L% 7
LAST WILL AND TESTAMENT OF
ELEANOR HASELHUHN
I, ELEANOR HASELHUHN, of the Borough of Camp Hill,
Cumberland County, Pennsylvania, do hereby make this my Last Will
and Testament, revoking any former Wills and Codicils made by me.
FIRST: I am married to Donald H. Haselhuhn, and all refer-
ences to my husband in this Will are to him. I have two chil-
dren: Michael Haselhuhn (born March 19, 1953); and Mary Ann
Haselhuhn (born June 17, 1956). These and any other children
born to or adopted by my husband and me are described in this
Will as "my children," or as "a child of mine." Any person born
to or adopted by a child of mine is described in this Will as the
"issue" of a child of mine. Provided, however, no ado~'ted peon
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shall benefit hereunder unless the order or decree of adz3~io~r is .
entered before such adopted person attains the age of tw~,~ty-cme
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(21) years. _ -~=' __
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SECOND: I make the following specific bequests: '° ~
(1) I give my tangible personal property and all
insurances thereon to my husband, Donald H. Haselhuhn, or, if he
does not survive me, I give my china, silver, breakfront and the
contents thereof to my daughter, Mary Ann Haselhuhn, and the
balance of said tangible personal property to my children who are
living at my death to be divided equitably among or between them
as they may determine, or, if they are unable to agree, as my
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Executor shall determine, after considering the wishes of such
children. I have complete confidence that my husband, my children or
my Executor will honor any written instructions that I may leave with
regard to said tangible personal property. Any such property not so
distributed shall be sold, and the proceeds added to my residuary
estate to pass as hereafter described.
(2) If my husband, Donald H. Haselhuhn, predeceases me, I
give and bequeath unto the National Multiple Sclerosis Society,
Central Pennsylvania Chapter, without restriction as to use, cash,
securities or other property in an amount equal to ten percent (10%)
of my gross estate as finally fixed in the federal estate tax pro-
ceeding for my estate.
THIRD: If my husband, Donald H. Haselhuhn, shall survive me, I
bequeath to my Trustee, hereinafter named, IN TRUST NEVERTHELESS,
cash, securities or other property in the amount described below to
be known as the "Bypass Gift." My Executor or my Trustee shall
divide the Bypass Gift into two separate, equal shares, one share to
be known as the "Non-Skip Trust", and the other share to be known as
the "Skip Trust." As hereinafter provided, my Executor or my Trustee
shall, if necessary, further subdivide the Skip Trust in order to
create a separate trust to be known as the "Overflow Trust."
(1) The Bypass Gift shall be $600,000, subject however, to
Paragraphs (2) and (3) below.
(2) The Bypass Gift shall increase or decrease, based upon
the availability of my federal unified credit for estate and
{,._. - ._
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gift taxes and the maximum allowable federal estate tax credit
for state death taxes (but only to the extent that the use of
such state death tax credit does not increase the death tax
payable to any state), whether due to statutory changes, lifetime
gifts in excess of the federal unified estate and gift tax
exemption-equivalent amounts, or any other transfer which affects
the availability of my federal credits aforesaid.
(3) The Bypass Gift shall decrease, even to zero, if
necessary to reduce federal estate tax payable as a result of my
death to zero (excluding, however, any federal estate tax due as
a result of an excess retirement accumulation under Section 4980A
of the Internal Revenue Code of 1986, as amended, or such similar
section as may then be in effect), considering that my intention
is to fund the Bypass Gift by using my available federal unified
credit for estate and gift taxes and my federal estate tax credit
for state death taxes and to eliminate federal estate tax on the
balance of my federal taxable estate by using the federal estate
tax unlimited marital deduction.
FOURTH: I give, devise and bequeath the rest, residue and
remainder of my estate, real and personal, to my husband. Should
he not survive me, I give, devise and bequeath such rest, residue
and remainder to my Trustee, hereinafter named, IN TRUST NEVER-
THELESS, to be held, administered and distributed for all purpos-
es as part of the Bypass Gift.
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FIFTH: The Non-Skip Trust shall be held, administered and
distributed as follows:
(1) My Trustee shall pay to or apply for the benefit
of any one or more of my husband, my daughter, Mary Ann
Haselhuhn, and her issue, until division into shares pursuant to
Paragraph (5), all of the net income from the Non-Skip Trust in
convenient installments in such shares and proportions as my
Trustee in its sole discretion shall determine primarily for the
medical care, education, support and maintenance in reasonable
comfort of my said husband, my daughter, Mary Ann Haselhuhn, and
her issue, taking into consideration to the extent my Trustee
deems advisable any other income or resources of my said husband,
my daughter, Mary Ann Haselhuhn, and her issue, known to my
Trustee, considering that my husband is the primary object of my
bounty.
(2) Prior to division into shares pursuant to Para-
graph (5), my Trustee may pay to or apply for the benefit of any
one or more of my said husband, my daughter, Mary Ann Haselhuhn,
and her issue, such sums from the principal of the Non-Skip Trust
in such shares and proportions as in its sole discretion shall be
necessary or advisable from time to time for the medical care,
education, support and maintenance in reasonable comfort of my
said husband, my daughter, Mary Ann Haselhuhn, and her issue,
taking into consideration to the extent my Trustee deems advis-
able any other income or resources of my said husband, my daugh-
"~ ,,~ ,
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ter, Mary Ann Haselhuhn, and her issue, known to my Trustee,
considering that my husband is the primary object of my bounty.
Any payment or application of benefits for a beneficiary pursuant
to this Paragraph shall be charged against this Trust as a whole
rather than against the ultimate distributive share of such
beneficiary to whom or for whose benefit the payment is made.
(3) In addition to the income and discretionary
payments of principal from this Trust, there shall be paid to my
said husband during his lifetime from the principal of this Trust
upon his written request during the last month of each fiscal
year of the Trust an amount not to exceed during such fiscal year
the amount of Five Thousand Dollars ($5,000) or five percent (5~)
of the aggregate value of the principal of the Non-Skip Trust on
the last day of such fiscal year without reduction for the
principal payment for such fiscal year, whichever is greater.
This right of withdrawal is noncumulative, so that if my said
husband does not withdraw, during such fiscal year, the full
amount to which he is entitled under this Paragraph, his right to
withdraw the amount not withdrawn shall lapse at the end of that
fiscal year.
(4) My husband shall have a special power to appoint
all or any portion of the Non-Skip Trust during his lifetime by
written document, delivered to my Trustee, referring expressly to
this Article, or by Will, validly executed and attested referring
expressly to this Article, among such other person or persons
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hereinafter named or described absolutely or in trust, as he may
indicate. This special power of appointment is exercisable only
in favor of a child of mine as described in this Will (including
Michael Haselhuhn) or to the issue of any such child. My afore-
said husband shall have no power to appoint the principal of this
fund or income accumulated thereon to himself, his estate, to his
creditors, or to the creditors of his estate. My Trustee may
rely upon an attested Will probated in any state that otherwise
meets the requirements of this Paragraph.
(5) In default of the exercise of such power of
appointment by my said husband, or insofar as any part of the
Non-Skip Trust shall not be effectively appointed, then upon the
death of my said husband, the entire remaining principal of the
Non-Skip Trust, or the part of such trust not effectively ap-
pointed shall be distributed to my daughter, Mary Ann Haselhuhn,
or to her then-surviving issue, per stirpes, otherwise to my
then-surviving issue, per stirpes. Provided, however, that my
Trustee may, in its sole and absolute discretion, add such
property to the Skip Trust hereinafter provided (for the benefit
of my issue).
(6) If at the time of my death, or at any later time
prior to final distribution hereunder, my said husband and all my
issue are deceased and no other disposition of the property is
directed by the Non-Skip Trust, then and in that event only, the
then-remaining property of this Trust, together with any undis-
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tributed income, shall be divided and paid over and distributed
one-half (i) to those persons then living who would then be my
heirs, their identities and respective shares to be determined in
accordance with the law then in effect in the Commonwealth of
Pennsylvania, as if I had then died intestate, and one-half (Z)
to those persons then living who would then be my husband's
heirs, their identities and respective shares to be determined in
accordance with the law then in effect in the Commonwealth of
Pennsylvania, as if he had then died intestate.
SIXTH: The Skip Trust shall be divided, held, administered
and distributed as follows:
(1) My Executor or my Trustee shall fund the Skip
Trust with the largest fractional share of principal that can
pass free of federal generation-skipping transfer (GST) tax by
the use of my GST exemption provided in Section 2631 of the
Internal Revenue Code of 1986, as amended, as in effect at the
time of my death, reduced by the aggregate amount, if any, of
such GST exemption allocated to my lifetime transfers. For the
purposes of establishing such amounts, the values finally fixed
in the federal estate tax proceeding for my estate shall be used.
The fractional share not passing to the Skip Trust, if any, shall
constitute the "Overflow Trust", which shall be held, adminis-
tered and distributed as a separate trust according to the terms
of Paragraphs (2) through (7) of this Article, except that the
life beneficiary shall, in addition, have a testamentary special
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power to appoint the Overflow Trust among such life beneficiary's
issue or to such life beneficiary's creditors, or to the credi-
tors of his estate. Such life beneficiary shall have no power to
appoint to himself or to his estate. My Trustee may rely upon a
Will probated in any state so long as the Will contains a
specific reference to this Article. I recognize that the Skip
Trust may absorb the entire trust estate, in which case the
Overflow Trust shall not be funded.
(2) My Trustee shall pay to or apply for the benefit
of my husband and my son, Michael Haselhuhn (hereinafter the
"life beneficiary"), and his issue, all of the net income in
convenient installments and so much of the principal of the trust
estate as my Trustee in its sole discretion shall determine for
the education, medical care, support and maintenance in reason-
able comfort of my husband and such life beneficiary, and his
issue, taking into consideration to the extent my Trustee deems
advisable, any other income or resources of my husband and such
life beneficiary, and his issue, known to my Trustee. I autho-
rize but do not require my Trustee to distribute so much of the
principal of the trust estate as my Trustee shall determine in
its sole discretion to enable the life beneficiary, or his issue,
to acquire a principal residence, or to acquire a business in
which such beneficiary actively participates.
(3) In exercising the discretions conferred by this
Article, I suggest to my Trustee, but do not require, that my
~.~. ~, ,
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Trustee make distributions to my husband only after he has
exhausted other sources and assets available to him (excluding
the Non-Skip Trust). I further suggest, but do not require, that
my Trustee distribute approximately thirty percent (30%) of the
net income of the trust estate to or for the benefit of the issue
of the life beneficiary and the remaining net income to or for
the benefit of the life beneficiary. Nevertheless, the discre-
tion of my Trustee shall be absolute in all matters of distribu-
tion, including both principal and income distributions.
(4) Upon the death of my husband and upon the death of
the life beneficiary, the Trustee may pay the expenses of his
last illness, and funeral and burial expenses, if the estate of
my husband, or of the life beneficiary should be inadequate or
inappropriate for the purpose.
(5) Upon the death of the life beneficiary, the
principal of the trust estate, including any income that may be
accrued or undistributed, shall be distributed to or among such
of the living issue of the life beneficiary as he shall specifi-
cally appoint in his Last Will and Testament by specific refer-
ence to this Article. The life beneficiary shall have no power
to appoint such trust property and accumulated income to himself,
to his estate, to his creditors or to the creditors of his
estate.
(6) In default of the exercise of such power of
appointment by the life beneficiary, or insofar as any part of
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the trust estate, including any income that may be accrued or
undistributed, shall not be effectively appointed, then upon the
death of said life beneficiary, the entire remaining part or all
of the trust principal, including any income that may be accrued
or undistributed, shall be divided into separate equal shares so
as to provide one (1) share for each then-living child of the
life beneficiary and one (1) share for each deceased child of the
life beneficiary who shall leave issue then living. Each such
separate equal share shall be distributed free of all trusts
created hereunder except for the continuing trust protection
provided in Article Seventh hereof. The share provided for each
deceased child of the life beneficiary who shall leave issue then
living shall be distributed per stirpes to such issue, subject,
however, to the continuing trust protection provided in Article
Seventh hereof.
(7) If the life beneficiary shall die without leaving
issue then living, then the entire remaining part or all of the
principal of the trust estate including any income that may be
accrued or undistributed, shall be distributed per stirpes among
my issue living at the date of such distribution (or otherwise to
those persons described in Paragraph (6) of Article Fifth above),
subject, however, to the continuing trust protection provided in
Article Seventh hereof.
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SEVENTH: (1) If any share hereunder becomes distributable
to a beneficiary who has not attained the age of twenty-five (25)
years, then my Trustee shall retain possession of such share in
trust for such beneficiary until such beneficiary attains the age
of twenty-five (25) years, using so much of the net income and
principal of such share as my Trustee deems necessary to provide
for the proper medical care, education, support and maintenance
in reasonable comfort of such beneficiary, taking into consider-
ation to the extent my Trustee deems advisable any other income
or resources of such beneficiary or his or her parents known to
my Trustee. Any income not so paid or applied may be accumulated
and added to the principal.
(2) I authorize but do not require my Trustee to
distribute so much of the net income or principal of such share
as my Trustee shall determine in its sole discretion to enable
such beneficiary to acquire a principal residence or to acquire a
business in which such beneficiary actively participates. Such
beneficiary's share shall be paid over and distributed to such
beneficiary upon attaining the age of twenty-five (25) years, or
if he or she shall sooner die, to his or her executors or admin-
istrators. I recommend that my Trustee consider distributing all
income from such share to such beneficiary when such beneficiary
attains the age of twenty-one (21) years. My Trustee shall have
with respect to each share so retained all the powers and
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-11-
discretions had with respect to the trusts created herein generally.
EIGHTH: Anything in this Will to the contrary notwithstanding,
no trust created herein shall continue beyond twenty-one (21) years
after the deaths of one, the last to die of my issue living at the
time of my death; and two, all issue, living at the time of my death,
of the individual serving as President of the United States at my
death and all issue, living at the time of my death, of said indi-
vidual's five (5) immediate predecessors in said office; upon the
expiration of such period, all trusts shall terminate and all the
assets thereof shall be distributed to those beneficiaries (and in
the same proportions) as are then entitled to receive the income
therefrom.
NINTH: If any beneficiary and I should die under such circum-
stances as would render it doubtful whether the beneficiary or I died
first, then it shall be conclusively presumed for the purposes of
this my Will that said beneficiary predeceased me.
TENTH: (1) I name as my Executor my husband, Donald H.
Haselhuhn. If he is unable or unwilling to serve, I name Hamilton
Bank, 3516 Market Street, Camp Hill, Cumberland County, Pennsylvania,
Heath L. Allen, Camp Hill, Cumberland County, Pennsylvania, and my
brother-in-law, Allen Kotz, as my Co-Executors. I direct that my
Executor or my alternate Co-Executors, herein referred to as my
Executor regardless of number or gender, serve without bond in any
jurisdiction in which called upon to act.
-12-
(2) I name Hamilton Bank, Heath L. Allen and Allen
Kotz as my Co-Trustees. I direct that my Co-Trustees, herein
referred to as my Trustee regardless of number or gender, serve
without bond in any jurisdiction in which called upon to act.
(3) I designate Cumberland County, Pennsylvania, as
the situs of all trusts created hereunder. Should either indi-
vidual Co-Trustee or alternate Co-Executor be unable or unwilling
to serve in a fiduciary capacity, Heath L. Allen, or the law firm
with which he is associated or was last associated, shall select
as successor co-fiduciary a practicing attorney or certified
public accountant who resides in Cumberland County, Pennsylvania.
It is my intention that two (2) individuals will serve with
Hamilton Bank as my Co-Trustees at all times, and that at least
one of these individuals will be a resident of Cumberland County,
Pennsylvania.
(4) For services as Executor and Trustee, my Executor
and Trustee shall receive reasonable compensation.
ELEVENTH: (1) I give to any Executor and to any Trustee
named in this Will or any Codicil hereto or to any successor or
substitute Executor or Trustee all of the powers enumerated in
this Will and all of the powers applicable by law to fiduciaries
in the Commonwealth of Pennsylvania and in particular through the
Pennsylvania Probate, Estates and Fiduciaries Code, as effective
and as in effect on the date hereof, during the administration
and until the completion of the distribution of my estate, and
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until the termination of all trusts created in this Will or any
Codicil hereto and until the completion of the distribution of
the assets of such trusts. I direct that all such powers shall
be construed in the broadest possible manner and shall be exer-
cisable without court authorization.
(2) In determining the federal estate and income tax
liabilities of my estate, my Executor shall have discretion to
select the valuation date and to determine whether any or all of
the allowable administration expenses in my estate shall be used
as federal estate tax deductions or as federal income tax deduc-
tions and shall have the discretion to file a joint income tax
return with my husband.
(3) If at any time any trust created hereunder (or any
share thereof if the trust shall have been divided into shares)
shall be of such value that, in the opinion of my Trustee, the
administration expense of holding the assets contained therein in
trust is not justified, my Trustee, in its absolute discretion,
may terminate such trust and distribute the trust property to the
person or persons then entitled to receive or have the benefit of
the income therefrom or the legal representative of such person.
If there is more than one income beneficiary, my Trustee shall
make such distribution to such income beneficiaries in the
proportion in which they are beneficiaries or if no proportion is
designated in equal shares to such beneficiaries.
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-14-
(4) My Executor and Trustee are authorized and empow-
ered to acquire and to retain, either permanently or for such
period of time as my Executor or Trustee may determine, any
assets, including the capital stock of any closely held corpora-
tion, whether such assets are or are not of the character ap-
proved or authorized by law for investment by fiduciaries and
whether such assets do or do not represent an overconcentration
in one investment.
(5) My Executor and my Trustee are authorized and
empowered to disclaim any interest, in whole or in part, of which
I, my Executor, or my Trustee, may be the beneficiary, devisee,
or legatee, by executing an appropriate instrument (in accordance
with section 2518 of the Internal Revenue Code of 1986, as
amended, or such similar section as may then be in effect).
(6) My Executor and Trustee are authorized and empow-
ered to sell at public or private sale, or exchange, and to
encumber or lease, for any period of time, any real or personal
property and to give options to buy or lease any such property.
Additionally, my Executor and Trustee are authorized and em-
powered to compromise claims, to borrow from anyone (including a
fiduciary hereunder) and to pledge property as security therefor,
to make loans to and to buy property from anyone (including a
fiduciary or beneficiary hereunder); provided that any such loans
shall be adequately secured and at a fair interest rate.
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-15-
(7) My Executor and Trustee are authorized and empow-
ered to allocate property, charges on property, receipts and
income among and between principal or income, or partly to each,
without regard to any law defining principal and income.
TWELFTH: (1) My Trustee may hold any property distributed
to it hereunder, whether by my Executor or otherwise, in one or
more separate trusts, either on identical terms or, to the extent
that the terms of the trust are severable into distinctly sepa-
rate shares, on terms reflecting such separate shares. Further-
more, my Executor may, by an instrument in writing delivered to
my Trustee, direct my Trustee to hold a specified portion of a
trust created hereunder as a separate trust. Any such direction
shall be effective as of the date of my death.
(2) My Trustee may, at any time and from time to time,
divide any trust hereunder into two or more separate trusts
(based on the fair market value of the trust assets at the time
of the division) and combine two or more trusts hereunder with
substantially identical terms (whether or not such trusts were
previously separated from one trust).
(3) If a trust is held as, or divided into, separate
trusts, my Executor or my Trustee, as the case may be, may, at
any time prior to a combination of such trusts, (a) make differ-
ent tax elections (including the allocation of the GST exemption)
with respect to each separate trust, (b) expend principal and
exercise any other discretionary powers with respect to such
-16-
separate trusts differently, (c) invest such separate trusts
differently, and (d) take all other actions consistent with such
trusts being separate entities. Further, the donee of any
special power of appointment, if applicable, with respect to a
trust so divided may exercise such power differently with respect
to the separate trusts created by the division.
(4) I anticipate that my Executor or my Trustee, as
the case may be, may hold property as one or more separate trusts
or divide trusts hereunder for both tax and administrative
reasons. For example if my Executor decides to allocate some or
all of my GST exemption to any trust created under the Bypass
Gift, my Trustee may determine it to be desirable to create
separate trusts in order that no trust hereunder has an inclusion
ratio (as defined in Section 2642(a)(1) of the Internal Revenue
Code of 1986, as amended) other than zero or one.
(5) I exonerate my Executor and my Trustee from any
liability arising from any exercise or failure to exercise these
powers, provided the actions (or inactions) of my Executor or my
Trustee are taken in good faith.
THIRTEENTH: No person who at any time is acting as a co-
trustee (if any) hereunder shall have any power or obligation to
participate in or to exercise any discretionary authority that I
have given to my Trustee to pay principal or income to such
person, or for his or her benefit or in relief of his or her
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-17-
legal obligations. Such discretionary authority shall be exer-
cised solely by the disinterested co-trustee.
FOURTEENTH: No interest of any beneficiary under this Will,
any Codicil hereto, or any trust created herein, shall be subject
to anticipation or to voluntary or involuntary alienation.
FIFTEENTH: All estate, inheritance, succession and other
death taxes imposed or payable by reason of my death and interest
and penalties thereon with respect to all property comprising my
gross estate for death tax purposes, whether or not such property
passes under this Will, shall be paid out of the residue of my
estate, as if such taxes were expenses of administration, without
apportionment or right of reimbursement. I authorize my Executor
and Trustee to pay all such taxes at such time or times as deemed
advisable.
IN WITNESS WHEREOF, I have set my hand and seal on this my
Last Will and Testament this ~`~` ~~ day of ~ ~,'' ~ ~ ~ ``j ~~~ , 1991.
A
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ELEANOR HASELHUHN
SIGNED, SEALED, PUBLISHED, and
DECLARED by ELEANOR HASELHUHN,
as and for her Last Will and
Testament, on the day and year
last above written, in the
presence of us, who, at her
request, in her presence, and
in the presence of each other,
all being present at the same
time, have hereunto subscribed
our names as witnesses:
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-18-
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
WE, ELEANOR HASELHUHN and HEATH L. ALLEN ,
and ELEANOR M. ALLEN 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 (willingly directed another to sign for
her), 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
witness and to the best of his or her knowledge the Testatrix was
at that time eighteen (18) years of age or older, of sound mind,
and under no constraint or undue influence.
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ELEANOR HASELHUHN, Testatrix
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fitness
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W t~ness
Witness
Subscribed, sworn to, and acknowledged before me by ELEANOR
HASELHUHN, the Testatrix, and subscribed and sworn to before me
by HEATH T, _ AT,T.F.N ,
RT,F.ANnR M_ AT~T,F.N , witnesses, this 11th
of July , 1991.
day
and
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Notary P ~ lic
NOTARiA! SEAL
KA7t-iRY~I C. HOLL1t~~~E`i, Nil ry Public
Nt~frit'.buig, DB;iF;i~ir CO«.':y
.19. M Comnii<;[a{trtt E=x7irA~ FebrE_pr}x,13. 1gg5
Delete the following paragraph from the last will and testament of
Eleanor Haselhuhn:
Number Two
If my husband, Donald H. Haselhuhn, pre-deceases me, I give and bequeath
unto the National Multiple Sclerosis Society, Central Pennsylvania Chapter,
without restriction as to use, cash, securities or other property, in an amount
equal to ten percent (10%) of my gross estate as finally fixed in the federal estate
tax proceedings for my estate.
Signed ~~~~i/~"~~~~I~ ~' - / ~ ~- ~ ~
Witnesses
~~ a~~ El~~~ ~f~i~~~? ~~~~~~ ~~ ~~
C~ ~~f i ~ ~~~~
1
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Michelle C. Quail, Notary Public
Camp Hid Boro, Cumberland County ~nJIJ ~ ~p ,~~
My Canmission E~ires July 30, 2010 /' ~ ~N~ ~~~ ~~ ~~~r~~ C~~
Member, Pennsylvania Association of Notaries
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DESIGNATION OF SUCCESSOR CO-EXECUTOR TO HEATH L. ALLEN
UNDER WILL OF ELEANOR HASELHUHN, DECEASED,
DATED JULY 11, 1991
WHEREAS, on July 11, 1991, Eleanor Haselhuhn executed a Last Will and Testament
as Testatrix (the "Will"); and
WHEREAS, on August 19, 2008, Eleanor Haselhuhn executed a codicil to the Will (the
"Codicil"); and
WHEREAS, Eleanor Haselhuhn died on October 13, 2008, leaving the Val and the
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Codicil as her last will and testament; and ~ `~ `~
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WHEREAS, the Will names Donald H. Haselhuhn as Executor; and - ~..
v.f
WHEREAS, Donald H. Haselhuhn died on August 8, 1994; and _- ~~
WHEREAS, Hamilton Bank (now Wachovia Bank), Heath L. Allen andyAlan Kotz~e
named as alternate Co-Executors under said Will; and
WHEREAS, Heath L. Allen, one of the named alternate Co-Executors, died on July 29,
2008; and
WHEREAS, Item TENTH of the Will provides that, in the event that Heath L. Allen
predeceases the Executrix, the law firm with which he was last associated shall designate a
successor Co-Executor; and
WHEREAS, Heath L. Allen was last associated with the law firm of Keefer Wood
Allen & Rahal, LLP; and
WHEREAS, Keefer Wood Allen & Rahal, LLP, wishes to designate Gary E. French, a
resident of Dauphin County, as successor Co-Executor to Heath L. Allen; and
WHEREAS, the beneficiaries of the Estate of Eleanor Haselhuhn, to wit: Mary Ann
Haselhuhn Mohr and Devon Haselhuhn, wish to confirm the designation and waive the
requirement of Cumberland County residency as no longer relevant under current law.
NOW, THEREFORE, the law firm of Keefer Wood Allen & Rahal, LLP, by its
managing partner, Bradford Dorrance, Esquire, hereby designates Gary E. French as successor
Co-Executor to Heath L. Allen, who died on July 29, 2008, under Item TENTH.
KEEFER WOOD ALLEN & RAHAL, LLP
~~=
Dated: October ~-~ , 2008 By: ~~--~-~-~_s~
BRADFORD DORRANCE,
Managing Partner
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
On this, the ,~~~ay of October, 2008, before me, the undersigned officer, personally
appeared BRADFORD DORRANCE, who acknowledged himself to be Managing Partner of
Keefer Wood Allen & Rahal, LLP, and that he, as such Managing Partner, being authorized so to
do, executed the foregoing instrument for the purposes therein contained by signing the name of
the partnership by himself as Managing Partner.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
E.,tir+ oFY~u-
pM~tA S. WOLFE, Mc1ayP~Mc Notary Public
~f- d ~ Diane Z2, Z011
ACCEPTANCE OF DESIGNATION
THE UNDERSIGNED, Gary E. French, hereby accepts designation as successor
Co-Executor to Heath L. Allen under Will of Eleanor Haselhuhn, dated Juiy 11, 1991.
Dated: October ~, 2008 ~ ~--
GARY .FRENCH
APPROVAL OF DESIGNATION
THE UNDEKSIGNED, Mary Ann Haselhuhn Mohr and Devon Haselhur~n, i~ereby
approve the designation of Gary E. French, Esquire, as the successor Co-Executor to Heath L.
Allen under Will of Eleanor Haselhuhn, and hereby waive any requirement that the successor
Co-Executor be a resident of Cumberland County, Pennsylvania.
Dated: October , 2008
V ~
Dated: 6etcrber _~, 2008
MARY ANN HASELHUHN MOHR
P
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`'DEVON HAS~,~IUHN
-2-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
On this, the ~~~d"ay of October, 2008, before me, the undersigned officer, personally
appeared BRADFORD DORRANCE, who acknowledged himself to be Managing Partner of
Keefer Wood Allen & Rahal, LLP, and that he, as such Managing Partner, being authorized so to
do, executed the foregoing instrument for the purposes therein contained by signing the name of
the partnership by himself as Managing Partner. ~_
IN WITNESS WHEREOF, I hereunto set my hand
oNw~ v~+nw
NOTARIAL ~.
PAMELA S. WOLFE; Notdy Public
Cihr of Hs{risburg, Dauphin COUnty
Comnwsaion E res Deoem4et 22, Z01 t
Notary Public
ACCEPTANCE OF DESIGNATION
THE UNDERSIGNED, Gary E. French, hereby accepts designation as successor
Co-Executor to Heath L. Allen under Will of Eleanor Haselhuhn, dated July 11, 1991.
Dated: October ~, 2008
GARY .FRENCH
APPROVAL OF DESIGNATION
THE Tu'N;QEI2SIGNEDy .~'Iar,' Ann Haselhuhn Mohr and Devon Huselhuhn, hereby
approve the designation of Gary E. French, Esquire, as the successor Co-Executor to Heath L.
Allen under Will of Eleanor Haselhuhn, and hereby waive any requirement that the successor
Co-Executor be a resident of Cumberland County, Pennsylvania.
l~ ~~
Dated: ~ebe~- '~f , 2008 ~1l/~.- ~<-' ~-'t~~,.~--~h` ~„-
MARY A H~cS~~IIr MOHR -~ih..~,~y-~•~
Dated: October , 2008
DEVON HASELHUI~T
-2-