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Home My WebLink About02-0931 PETITION FOR PROBATE and GRANT OF LETTERS Estate ortEA, {;'Y r,1( ....... - ^'';;- He No. ,;}J-oa-Q31 also known as HE.NrJe,csI/..:If{: To: . Register of Wills for the Deceased. County of tllM./3~ L,qJ{ 0 in the Social Security No. I 0 ~ - 1- 4 -:.'733> q Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut 10< I }<. in the last will of the above decedent, dated I C flJ 11 ).I and codicil(s) dated ~ 11 n/I: named ,19~ (state relevant circumstances, e.g. renunciation, death of execotor, etc.) h (list street, number and muncipality) Decendent, then ,,~ E at l... .f> I'lL LL Except as ollows, decedent did not marry, w not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: ,-t9- 2. 6 <!l,"2.. Ic:'. GOO , $ $ $ $ lr- ""- . WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters 't e-S T A '/.J. E IJ i A R.. Y (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) theron. 3 ~ u ~ " ~~ ~- "" "'~ -00 c::'::: (U'O SQ:: ~- SO .. o ., 0; 7':1 FF>..I12 lJU 'A'i P R ~ VH\1~ HILL, Pil. 17"11 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 1-ss COUNTY OF Cumberland J 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 of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly a~ister the estate according to law. Sworn to or affirmed and subscribed ~ W ~~ before me this . 16th day of ~ - ~ ":l: October l'9> 2002 /J" ~ ,~ ~ R~~w ~ f No. 21-2002-911 Estate of TENEYCK JC6EPH HENNESSY, JR. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW (r.j-nhPr 1 (;j-h 'P.J 2002, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated Novanber 10th, 1999 described therein be admitted to probate and filed of record as the last will of Teneyck Joseph Hennessy, Jr. and Letters Testanentarv are hereby granted to Mary Lou Hennessy V1~ JJJ. fJ:4J/~ LLwL.A Register of Wills[))~:;;7Otto 1st Deput FEES Probate, Letters, Etc. ......... $ 50.00 Short Certificates(?) .. .. . .. ... $ 6.00 Renunciation ................ $ x-Pages (11) $ 33.00 JCP TOTAL _ $ 94~oBO Filed October.l.6tb.,2002............... \-1 E- A I ~ f.::: ct {) '{ Ale A RNEY (Sup. Ct. I.D. No.) ~O\ MtI.e\..{E"t 57.,.... ADDRESS e~V1A p H IJ..L-, rrA.17(j(/ PHONE fA S ~ '\ I\) (1, CJ 6 Z.SD 'teL "7)'1-J37-fDLfGi' 2.7..7 'it. ')\. !I, Mailed letters to Attorney on 10/16/02 llO';.305 RE\"9/86 This is to certiry that the information here given is correctly copied from an original certiflCate of death duly filed wir e as Local R~gisrrar. The original certificate will be forwarded to the State Vital Records omce for permanent Sling. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. \1111'1(~\1\T~orpli---~~ '~\ l5:::i.. '''.: ,,,,.. ~.." t~. ..!If' ....... ". \ ~~.~ d': . ~~ ~<-' , : ':d" :b.~ l *. .'. .,.' -~' * I \~7"7{~i "'~~~ll ;---~tMfN1 ~\ ~\""" ""'''''''''~/''IIJJJJIJI Fee for this certificate, $2.00 P 8606748 ,,10.1~R...2111 COMMONWE~LTH of PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH nPEJPAJ..r .. PERMANENT DLACIl.INII l-\AAIIEOfOE;.CiOEKf\fo"'._~_ ~. 5WEf'I.EMIMlIEI\ SOCI.....~R1rrNU..DE.. OA OfDEAJI1.MCIWl.!Jr" C1ECEOEKt.SUSU""- (G..._oJ__o",lI"lQ_ II . Sa'1es"'llttma'ger-l ~ications OECEOENT'SIU.llH3AOOAES8/S1,,,,,,,~.~,lipCOOllI oeCEoerolrs """~ RESIDENCE "".- lIr>_.,o.\ ~Of'8llSltE~fIN 8IFlT1iPI.ACEIc.t,._ ""''''f'''''''JllC,,-,flIIvl a. le~' I Pt..ACEO'DEAlH~""""""" _....''''''''''''"....__ -'''L- I__~ 20(1 .. k ll....8t<lhoavl UNOEF!lYU1l 68 vra.~! 0.1'11 UHDER10M -:"'''''' o COU"l'fOf'0E.4M CfT'f.eoAO.W/l>OftlE-"TM WIIQ,..u: Cumberland t Pennsboro Twp ". 3 '- (1..",5+. MAAITAlliWUS.......... ,...............~, ~lSPtCIVl ~iM:l ~J-i....,.i io ,~. cumberland Did l111Jf]...__.. - ~". -..hIP7 1ND =--=---=,,,, ~HER'S_IF"",_.~s...""",",, . lNl'OfUL\HT"SWoll.lloIO \SlI....~....,z,,~ .. 73 Fairway Drive ". ~ Hill, PA n011 I'IlfHER'SN_IFlf'll._,Lasl} 11. Jose Hennes lH"Cif1~..!.S:N.wE(T~'inll . PJ<:UY Iou Hennessy IoIETHODOflllSPOStTION ~ ~O ___...0 0....._0 o.r.<lSuoUy' " SIGNATURE OF fUNE~SEfMCl! LICE 11..&11. Pl'I "" II"L.o\aOFDtSl'OSmClM. qt~ ._- te Of Heaven cenetery AtlQll(Il)IIU&.Qff1'lC1LR'J ._. .,.-- ~ UCENSE NlM8ER P " .. a'l'.NIr1I: E_I"'"........injur..."'~__IM_.ll<I ~.........CMM....__ 2- 'MS CloSE fIEl'ERAED TO MEOICAl ElWMNE ...0 .. 1,,(......rtQ b6w& DUElO ASACOI'lSEOUE~Of}: I==.., :-....- , I I'IUITM: l: TOp! ACOl'ISEOUENCEOfl: 0UE1O( ASA ONSEOUENCEOF): . , ,~ -""""'''''''''''''' MAMtER OF DEArH .............'" ~"CMmE -- Ill- - 0 "..".."" - 0 "'~~Iion 0 ...jllI ~O ~ 0 c-Id""''''dIor.......- 0 OoOlEOFIN.IOAV llolonlh,o.,._J TlMEOFII'llUflV RJUAYAlWORK7 PESCAIllEHOWltIJIIIflVOCCufll'l€D \ v '~ _ 0 1'io0 .... .... CEflTIFl~'~onI~"'" 'Clfl'JlFfN","1lla>>f~~_0I___""~...""'I>io.p.-""""""O<lde."'"""~ompl<il<t<ll,,,,,,13. To........"',.............,_............Io...CMoM(IoI-"'.........._.. D. ". PlACEOFINJUflY,/IJ._."''''._.~_ t>UOIdnII._.ISf><ocM ... 'W::PICAl EXAMlNERlCOAONEIl Onlh.bQl-.lIl..aminMl<lnandhlt~.Il\...~opIftIon,<I<I""O<Mo<..du.\lvo.u.....<l"'.,~I'IK.,ond_tolt>.......-.t.~.nc1 m...n.f....._,. '" REGIST li,1 ~,lbl.I ".5"e Vim eeott """'ei;!- z , ~ o o .pAOfl()UNClNGNIOCsn""'INQl'HVSlCLUl(l't>,...,....1xII'1 ;>r""""""O/>Q~..."'.ro:l"oo1~I(l".....al """11'\ TolM_....'.nowMdg..<M.lII-.....d.IIIIlI_,_,.n<lPIK...n<l_loll..eo....-.I.ndm.M.'...~.. ~ JI ~ ~ ~~ II .' , ()j-Cla - Q03 LAST WILL AND TESTAMENT OF TENEYCK J. HENNESSY, JR. I, TEN EYCK J. HENNESSY, JR. of the Township of Hampden, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to MARY LOU HENNESSY (hereinafter referred to as "My Spouse") and the children born of our marriage are ELIZABETH ANN ACHENBACH of 2720 Colonial Road, Harrisburg, PA 17112; THOMAS J. HENNESSY of 2189 Hastings Drive, Mechanicsburg, PA 17055; and DONNA LYNNE BRYANT of 1870 La Quinta Place, West, Oro Valley, AZ 85737. As used herein, the term "my children" shall refer to the aforelisted children born of my marriage with My Spouse. 1. TANGIBLE PERSONALTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, recreational equipment, articles of household or personal use or adornment, together with all policies of insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to my children living at my death, in as nearly equal shares as they shall select under the supervision of my I \JZ~ ~ ~ ~~ Executor, it being my desire that my children be guided by any memorandum which I may leave with my Will. Any cost of packing and shipping said personalty to the beneficiaries, including insurance, shall be paid by my Executor as a general administration cost. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. UNIFIED CREDIT TRUST. If My Spouse survives me, I give, devise and bequeath to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with this ITEM for the benefit of My Spouse and my issue (herein referred to as the "Unified Credit Trust") an amount equal to the sum of the balance of the dollar amount not taxed in my estate due to the application to my estate of the (i) the applicable credit amount against federal estate tax under Section 20 I 0 of the Internal Revenue Code of 1986, as amended, or any subsequent successor or parallel provision thereto (the "Applicable Credit"), after deducting therefrom the value, for federal estate tax purposes, of (A) assets included in my federal gross estate which pass or have passed other than under the terms of this Will and which will utilize a portion of the Applicable Credit, (B) any bequests under the preceding ITEM of this Will which will utilize a portion of the Applicable Credit and (C) adjusted taxable gifts not included in my federal gross estate but included in the computation of the tentative federal estate tax in my estate; and (ii) the state death tax credit allowed for federal estate tax purposes (but only to the extent its use will not increase any Death Taxes, other than Pennsylvania Inheritance Tax or Pennsylvania Estate Tax, owing by my estate). My Trustee shall have, hold, manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and 2 II t! ~. n ~ ~ ~~ (a) Beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Spouse during My Spouse's lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay to My Spouse such amounts of the principal of such trust as, in the sole discretion of my Trustee, shall be necessary for the maintenance, support and medical and nursing care of My Spouse, taking into consideration any other means readily available for such purposes. My Spouse shall have the exclusive and unrestricted right during My Spouse's lifetime to occupy or otherwise use any residence held wholly or partially in this Trust and the Trustee shall, at the request of My Spouse, sell any interest in any residence held in this Trust and may use the proceeds for the purchase of another residence for My Spouse's use or for investment in income producing property, as My Spouse may direct. (b) Upon the death of My Spouse, my Trustee shall distribute the principal and any undistributed income of the Unified Credit Trust to my issue then living, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of thirty years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). 3. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to My Spouse, if My Spouse survives me by thirty (30) days. If My Spouse does not survive me, I give and bequeath said residue to my issue living at my death, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of thirty years, each such issue's share shall be distributed to my Trustee, IN TRUST NEVERTIIELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). 3 I t. I I ~. l>; ~ ~ '\~ ~ ~ 4. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of thirty years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of thirty years, my Trustee shall thereafter pay to the Grandchild the net income derived from the Grandchild's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Grandchild's Trust the Grandchild shall have then attained the age of thirty years or if the Grandchild shall thereafter attain that age, my Trustee shall distribute outright to the Grandchild the then remaining principal of the Grandchild's Trust. (d) If a Grandchild shall die before final distribution of the assets of the Grandchild's Trust is made, the then remaining principal and any undistributed income of the Grandchild's Trust shall be distributed to the Grandchild's issue then living, per stirpes; or if the Grandchild shall have no issue then living, to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, to my issue then living, per stirpes; provided, however, in any event, if any such beneficiary is then a beneficiary of a Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Grandchild's Trust, as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. 4 5. PERPETUITIES PROVISIONS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me, My Spouse and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion or otherwise. 6. SPENDTHRIFr PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their ~ interests may appear, without regard to any attempted anticipation (except as may be specifically n provided herein),pledging or assignment by any beneficiary of my estate or of any trust created CIl hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other . ~ . .db fi' ~ f;J process agamst sal ene lClary. ~ 7. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same ~ ..". M I " ~'" ,""" ~ "'" ;, " dllfi~1< " '-"blo " __ who "'" r~ have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 5 8. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: ~~ . ~ ~~ (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates, or as to which my corporate Executor or Trustee or any of their affiliates are investment advisors, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments". (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability or the purchaser or purchasers to see to the application of the purchase money or to 6 ~~ ~il ~ \; ~ make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and delivery any and all deeds, assigmnents, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. ( e) To mortgage real estate and to make leases of real estate for any term. (t) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) To hold investments in the name ofa nominee. (j) To compromise controversies. (k) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing tome by Will, intestacy, contract, joint ownership, operation oflaw or otherwise. (1) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. (m) To divide any trust hereunder into two or more separate, but identical, trusts. To divide any trust hereunder which would have a generation skipping transfer tax inclusion ratio other than one (I) or zero (0), into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust is that fractional share of the total trust 7 fund that has a generation skipping transfer tax inclusion ratio of zero (0), and the nonexempt trust is the remaining fractional share of the trust, with a generation skipping transfer tax inclusion ratio of one (I). The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to a trust created under this Will, without a further specification or limitation, shall be nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustee shall maintain adequate accounting and records for both such trusts. My Executor shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. 9. EXCULPATORY CLAUSES. In the settlement of my estate: ~. reason of my death, except any taxes relating to generation skipping transfers imposed under such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid E-t by my Executor out of the property passing under ITEM 2 of this Will or if such assets passing (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 10. under ITEM 2 are not sufficient, then out of the property passing under ITEM 3, as an expense and cost of administration of my estate; provided, however, that if any property held in any 8 ~ >< CIl CIl [ii Z ~ ~ testamentary or inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to their inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property; and, if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this WilL II. NON-EXERCISE OF POWERS. No provision in this Will is intended to exercise any power of appointment which I may possess. 12. CUSTODIAN OF ESTATES. If at any time any individual under the age of thirty (30) years shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint my Trustee hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 13. TRUST MERGERS AND TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust. (b) If, in the sole discretion of my Trustee, at any time any trust hereunder is or becomes too small to justifY its maintenance as a separate trust, my Trustee, without any liability to any person or remainderman whose interest may be affected thereby and without the necessity of court approval, shall 9 i ,I terminate such trust by distributing all the income and principal of the trust to the then income beneficiary or beneficiaries of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. The Trustee discretion herein granted shall in no event be construed as giving any potential distributee of a trust the right to compel a termination in whole or in part of such trust. 14. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, MARY LOU HENNESSY as Executrix of this Will. If My Spouse should for any reason fail or cease to act, I appoint my son, maMAS J. HENNESSY, as Executor. All references in this Will to my "Executor" shall refer to my Executor, or to my successor Executor, as the case may be. 15. TRUSTEE APPOINTMENT. I hereby appoint my wife, MARY LOU HENNESSY and my son, maMAS J. HENNESSY as Co-Trustees of any trust created hereunder. If for any reason either should fail or cease to act, I appoint my daughter, DONNA LYNNE BRYANT as Co-Trustee in his or her place. It is my desire that there always be two Trustees serving hereunder. If for any reason there is ever only one Trustee, such Trustee shall ~~ designate a person or bank to serve as Co-Trustee with him or her, such designation to be in - writing and effective without court approval. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder, such Trustee shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary or to his or her issue; or (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS". An individual Trustee shall be deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating physician of said individual Trustee shall certify in writing that such Trustee possesses permanent mental or physical incapacities which preclude 10 such Trustee from discharging his or her duties as Trustee hereunder. Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references in this Will to my "Trustee" shall refer to my originally named Co-Trustees or to my successor Trustee(s), as the case may be. 16. WAIVER OF BOND. My Custodian, Executor and Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation in accordance with its standard schedule of fees in effect from time to time. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding pages, this /1,15 day of .IP;~ 1999. ~mf{/~ ~ TE CK .HE~ We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. &rlf?~dtle~ cr~ry- residing at f9 ~ /~' /,-<- ';t-~ ~ A /10/3 /tl s-tv- t'S"WI< ,ted. fUt.rAu-.. ICsb,-'Y}, ",4 / 70.$"'5- residing at 11 COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) We, TENEYCK J. HENNESSY, t./Stl 41bJ~ ~t/u..- / names are signed to the attached or foregoing instrument, being first duly sworn, do hereby JR., !?h~t~ .shuluJ~4/ , and . the Testator and the witnesses respectively, whose declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of his or her knowledge, the Testator was at the time eighteen (I8) years of older, of sound mind and under no constraint or undue influence. T~fL~~7 ~7e~--- ess , Subscribed, sworn and owledged before me ~~/' c:1v~ by NEYCK J. HENNESSY, JR., the Testator, and subscribed and sworn t6 before me by . U/ and t51L /IIA41e- ay.v<-. , the witnesses, this y,( day of 1999. /!i~~ NOTAIlAL. SIA1 . HENlY F. COYNe; Nofafy I'ubIIc: ~T""'~.II...d......~, PA Mr c:....n'IIo!OII...... June 17. 2000 12 J, CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: TENEYCK J. HENNESSY, JR. Date of Death: 09-24-2002 Will No.: 21-02-0931 To the Register: I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rule was served on or mailed to the following beneficiaries of the above-captioned estate on January 22, 2003 Name: Address: Mrs. Mary Lou Hennessy 73 Fairway Drive, Camp Hill, P A 170 II Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: None COYNE & COYNE, P.C. Date: 1-;23-PS --2- Isa Marie Coyne, 3901 Market Street Camp Hill, PA 17011-4227 (71 7) 737-0464 Pa. Supreme Ct. No. 53788 Counsel for Personal Representative Cumberland County - Register Of Wit%s Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 Date: 8/03/2004 COYNE HENRY F 3901 MARKET STREET CAMP HILL, PA 17011 RE: Estate of HENNESSY TENEYCK J JR File Number: 2002-00931 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 9/24/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge STATUS REPORT UNDER RULE 6.12 Name of Decedent: TENEYCK J. HENNESSY, JR. Date of Death: _ September 24, 2002 Will No. 21-02-0931 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes No ~X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: FEBRUARY 2005 3. If the answer to No. 1 is Yes, state the following: a.Did the personal representative file a final account with the Court? Yes No b. the separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes No ~ C5 d. Copies of receipts releases, joinders and approva~ of fo~l or ~mal , accounts may be filed with the Clerk of the O~hans' Cou~ and may be attach~ to this ~o~. Dated: ~ o O LISA O~, E 3901 ~rket S~eet Camp Hill, PA 170114227 (717) 737-0464 Co~sel for Estate STATUS REPORT UNDER RULE 6.12 Name of Decedent: Tenevck J. Hennessv. Jr. Date of Death: Sept. 24. 2002 Will No. 21-02-0931 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes_ No ~ b. the separate Orphans' Court No. (if any) for the personal representative's account is: c, Did the personal representative state an account informally to the parties in interest? Yes-X- No d. Copies of receipts releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Dated: 11~/ 0 ( I I r,) <"0 r',,) " <11 r~