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Home My WebLink About03-18-11a u PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Robert H. Long, Jr. also known as COUNTY, PENNSYLVANIA File Number 21 -- ~ !~ ~ ~~ ,Deceased Social Security Number 009-24-3149 Hershey Trust Company, by Lisa L Pieraallini, Vice President and Trust Officer Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `B' BELOW.•) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the named in the last Will of the Decedent, dated 03/13/1998 and codicil(s) dated 05/25/2007 State relevant circumstances, e.g., renunciation, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: no exceptions B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente liter 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 4if any) and heirs (if Administrat-on, c. t. a. ord.b.n.c.t.a., enter date of Will on Section A above and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g), except as follows: Name Relationship Residence ,--- -_z ; - -, },~ _,,_ J -; r.._... ~~;..~ _ .7~ f w ,.r l:•~ -~ __ ... .: (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ==.{ -~ - 27 ~ " `` ') Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principa~sidence at ;~~,_: O 665 St. John's Drive, Camp Hill, Hampden Cumberland, PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then _~~ years of age, died on 03/07/2011 at Holy Spirit Hospital, Camp Hill, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 500,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 300,000.00 situated as follows: real estate lying and being situate in Hampden Township, Cumberland County, Pennsylvania, having a street address of 665 St. John's Drive, Camp Hill, Pennsylvania 17011 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: ignature Typed or printed name and residence Hershey Trust Company, by Lisa L. 1 West Chocolate Avenue ~\ Piergallini, Vice President and Trust Hershey, PA 17033 ~ --~'`'~~ Officer Form RW-U2 Rev. 12-26-2010 (interim form, pending action by the Court) Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 - a COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } SS } 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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. n Sworn to or affirmed and subscribed ~ ~~ Signat re of before me this ~f i day of t ~ ~ ~ ~ Signature of Personal Representative C7 -~. o _ -T, ~,~ ``, - For the Register Signature of Personal Representative _.__ ,^~~ r~ ~~ ; C, ='. ..., --- _ _ File Number: 21 - ~ I - ~~~ ~ ~ f- - ~ '~ Cj .. _~,.~ Estate of Robert H. Long, Jr. ,Deceased Social Security N Jumber: 009-24-3149 Date of Death: 03/07/2011 AND NOW, ~~-~ ~-r1 I ~ ~'h ~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Hershey Trust Com a~nv, by Lisa L. Piergallini, Vice President and Trust Officer in the above estate and that the instrument(s) dated 03/13/1998 05/25/2007 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters .......................................... $ 560.00 Short Certificate(s)....C~~.~........ $ ~ b(~ • ~'u --x$:88 Renunciation(s) ............................ $ Automation fee $ 5.00 JCS fee $ 23.50 Will fee $ 15.00 C~QC~~C11 $ I~~c;~ axe ~~-01.` ~~~ ~~~ $ ~(~ ~ ~ $ $ $ $ TOTAL ................................... $ ~~~- SO..$y~..~, Att Att Supreme Court I.D. No.: 09837 Black and Davision Address: 82 West Queen Street Chambersburg, PA 17201 Telephone: 717-264-5194 Form Rw OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 71f1~.Rn5 RF\~ rat/m~ 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 17298319 __ Certific~~>tion Number G\ 9 ~a - ~~ *; ~~~ oF..,r/ft This i~ to certify tt~+~lt the information here given is correctly copied fron~) ~fn elri~~inal Certificate of Death duly filed with )Y~r: pis Local Registrar. The original certificate will be forr~-arded to the State Vital Records Office for perrY~anent filing. M~ 12 11 Luct~tl Registrar Uate [sued n.~_._ _~ n .~ - _.._ _l_ ~-.~ _ r- '-"~ r ~., .t _i -'_, ~~ --- ~../ "-~~ _i.l ~ ,~ ~-`~ O _"s7 t43 REV ~~~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PE /PRINT IN ~~ERA CERTIFICATE OF DEATH (See Inttttructlons and enemoles on revenusl n.c ri~c rv~MOCn 1. Warne of Decedent (FkeL mldde, bet, aufPoc) 2. Sex 3. Sodel Security I4untber 4. Dab of Death (Month, day, Year) . ~ ~• (~ Y) 1 Under 1 8. Dab d Birth 7. and able a Be. Place of Death Check ar ~r DaYe Fbtrs f4hwsas Hospital: Other. ' • 72 Yom. Se tember 13 1938 Granville NY [~ktpetbnt ^ ER I Outpatlent ^ DOA ^ Nursing Hans ^ Residence ^ Other - SpecHy: Sb. County of Death 8e. City, Boro, Twp. of Death 8d. FarYllly Name (N not InetlbAlort, plus street and number) 9. Was Decedent of Hfepertie Origkt? No ^ Yes 10. Race: American Indian, Blade, White, etc. • (If Yea, sP•dfY Cuban, ISPeCJM Cumberland Fast Pennsboro Hol S irit Hos ital "~~n~ PueAo Ritru,, e~.) White • 11. Decedertl'a Usual of wok date moat of Me. Do rat ebb 12 Wea Decederd ewr in dr 13. Deoedertpa Education (SpecNy ony hi hest rade bt d 14 M l IOnd d W rk a U A S d F 7 g g comp e ) . edte Stadia: Monied, Never Monied, ' 15. Surviving Spouse (If wife, give maiden name) o nd of Buekte~/Irtduetry . . mte orese ~,,,,,,b,y / secawery (a12) college (1-4 a 5+) idON'd~ Dwor~d (SP•ahl " ^ Yes No ~ t8. Decedent's MaNktg Address (Street, d-Y /foam, state, zip code) DecedenYe ~ nt ( irein e 665 St John's Drive A~ Raskb~ na. able Pa L ,7c. Yea, Decedent IJved In _ T~ff1TY~Pl'1 Twp T IpY _ H111 Pa 17011 ~m.~^A' ~~-~1~~ 17d. ^ DeredentLlvedwithin city/Boo 18. Fatlter'e Name (First, mklde, leaf, wf8x) 1g. Motlters Nerne (Post, mMde, maiden aunrrtr) u e 20a. kdortrenys Name (Type /Print) 20b. Inlomtant's MelNrg Address (Street, dty / brm, slab, zro code) Nicole L,o -McCo 231.5 Kent Street Hill Pa 17011 • 21a Medtod of Dbpoeition r ^ Crerrrtlon ^ Donatltn 21b. Deb of Disposition (Month, day, year) 21c. Place of Dieposltlon (Name of tamale crarteb a other r ry, ry pbce) 21d. Location (Citylhnvn, state, z~r code) ~ • tdL Burial Removel hen Sbb r Woe Cremator a Dorrflon Aulhorlaed ^ Otirr. r byMarlkalEtrerrtlrrar/Coronarl ^ Yee^ "° tford New York rxrrel sctlrq ee wch) 22b. Licerre Nwrthsr 71c. Nome end Addrea of FecBly - /~ 011654-L ors-Ratner Funeral Home Inc 1903 Market St Hill Pa 17011 Cartpbb 23ac only when cr physicbrt h ral avetiebb ffi tirrr of deeM b 23a. To the best of my knowledge, derdtt occurred of the time, date and place atebd. (Slgrrtrse and 1Nb) 23b. L~erre Numbs 23c. Date S ~ (Monti, d•Y. Yew) • Ceftiy Cause of deatit. pear 24-28 moat bs tbrttDleted by person was prataaxee dean, 24. Time of Death ~ 25. Date Pronastced~ (Madh, day, Year) 26. Was Ceae Referrod to Medal Examiner 1 Coroner fa a Reason Otiter then Cremation a Donation? . r 3~ M. a rc.h col l ^ Yea ^ Na CAUSE OF DEATH (See InatruoUone rand ~xamplee) r Approxlmab Inbrval: Ibm 27. Part I: Enbr the ~jD,p~9y4pb - dseeaea, YrJuriee, a mmppcatiar • tltet dredy eased the death. DO NOT ertbr terminal events such es cardbc arrest, r Onset b Death reepkalo anesl a ventricular Abfl tl An t h i Part II: Enbr other but not reaultlrtg b nr undsdyirg cause given in Part I. 28. Did Tobacco Use Contribute to Death? ^ Yes ^ P ~ b ry , e on v au s ow ng the etiology. List only ate tetra on each 16te. ~ ~~ t deeess a ~ ~ ~ C A ~ e y ^ No ^ Unknown ' r caidha i r ewl B ng in d~M) 29 n Female ~_ a. ~ r i . : ^ Due a off: ~ ~ n ~'~ b , Not pregnant wnhkt pest year ^ Pregnant at time d death . b acre Mbd an Nrr a Due to a Eller UNDEHLYNO CAUSE ( ee a of): ~ ^ Not pregnant, but pregnant within 42 days • (dkeese a Mtitsv that Inltlabd Me r svenb reaunYtsln death) LAST. °• r of death Dos to (a u a correquence d): r Nol pregnant, bul pregnant 43 days to t year • r d, t r before death ^ Unknown M pregnant wnhM the peat year ~ was ~ Autopsy Perforrrted7 30b. Were Autopsy Fktdkga AvaNeble Prbr b Carpbtbn 31. Memer of Death 32a. Dab of Injury (Month, day, year) 32b. Deecrbe How Injury Ocasred 32c. Place of Injury: Home, Ferm, Street. Factory, of Caws of Death? ^ Natural ^ ltomidde Olfice Bulknrtg, etc. (Speclyj ^ Yes ~ No ^ Yea ^ No ^ Acddent ^ Pendktg Invastlgatlan 32d. Time of Injury 32a. htjury of Work? 32f. n Trenepatelbn Injury (Spedyl 32g. Location of injury (Street, pty /town. state) ^ Suidde ^ Could Not bs Determined ^ Yea ^ No ^ Driver / ~°'at0f ^ Paeeertger ^ PedesMen M Otiter • Spedly: 33a. CertlBer (check any err) 33b. d Ce • Cntllying PhY•~ (Physlden certHykq cause o1 death when aranrr phytdiert has praauraed death arW cmglebd kem 23) ~ TotMbrrtofmylmowbdge,daalhoaumdduetotMaras(s)rMnanneruabbd--------------------------------- ^ • ~C •~ PhY•~ l~r~en bit Prona+ndng death and certilyirtg b cause of deelh 33c. Llcerre Number .Date Signed (Month, day, year) To Nre beat of my laawbdga, daelh occurred et dre thrr, dob, end pba, and dos W tM ease(s) and menrbr ee Nabd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • - - ~ ~ ' Medal ExemYnr/Coroner On the b b f b ll d I I / /j C/ Z ~ ~`~~ o o exam le on an Or nvestlgetlon, In my opinion, death attuned el 1M time, deb, and pbte, end dos to the cewe(e) and manner a abbrl. ^ yt, ~ Armes of Person Who Canpletsd Cause of Deant (hem 27) Type I Print ~ 35. sgf,aw~a ~ / 3s. Dais Flbd ( , day, Year) C~~}~Q~/ G fl/ty1)'~ 10=5 ~ r 7 I o 2.._. Dispoaitiort Permit No. ~ ~ ~~~ ~?/ LAST WILL AND TESTAMENT n :: ., OF .,.? .. c ~ -~c~ ,~_~~ ROBERT H . LONG, JR . ' ~ _ ~ ~'~ ~~~~ ~;~_ c , ~.: _-., I, ROBERT H. LONG, JR. , a resident of Cumbe~h~~id~ -_ . - _-~ _ County, Pennsylvania, being of sound and disposing mir~~nd °• 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. ITEM I: All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM VI of this Will as an expense and cost of administration of my estate. 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. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will. ITEM III: I give and bequeath all of my household furniture-and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware „ wearing apparel and all other like articles of household or personal use or adornment to my living children in as nearly equal shares as they shall select under the supervision of my Executor. Any conflicting choices shall be resolved by drawing -gin _ _ ._, _~ - _ -, --~ =~~. ~, ~ ~~ _.~. ~ lots. Any such articles not so selected or which cannot be fairly divided or distributed in kind in the opinion of my Executor shall be sold or otherwise disposed of and the proceeds thereof shall pass as a part of my residuary estate. ITEM IV: I give-and bequeath the sum of One Hundred Fifty Thousand Dollars ($150,000.00) to the SHIPPENSBURG UNIVERSITY FOUNDATION, Shippensburg, Pennsylvania. It is my desire that the bequest made by this ITEM be invested and that the income therefrom be used for scholarships in my name to students of high academic ability and in need of financial assistance, all as determined by the Shippensburg University Foundation in its sole discretion. It is my intention that the bequest made by this ITEM conform to the provisions for the allowance of the charitable deduction for federal estate tax purposes. I therefore direct that any provisions of this Will notwithstanding, the provisions hereof and powers granted herein to my Executor shall be construed in accordance with said intention and shall not be interpreted or exercised so as to disqualify any portion of the bequest made by this ITEM for the federal estate tax charitable deduction. Any provisions hereof and powers granted herein to my Executor which would cause any portion of the bequest made by this ITEM not to qualify for the federal estate tax charitable deduction shall be null and void and of no force or effect. In the event that the bequest made by this ITEM would not qualify for the federal estate tax charitable deduction because at the relevant time or times the Shippensburg University Foundation is not an entity or a part of an entity bequests to which qualify for the federal estate tax charitable deduction, then the bequest made by this ITEM shall not be made and the amount thereof shall pass as a part of my Page 2 of 12 pages residuary estate anything to the contrary set forth in this ITEM notwithstanding. ITEM V: I give and bequeath the sum of Twenty-Five Thousand Dollars ($25,000.00) to the DICKENSON SCHOOL OF LAW, Carlisle, Pennsylvania. It is my desire that the bequest made by this ITEM be invested and that the income therefrom be used for scholarships in my name to law students of high academic ability and in need of financial assistance, all as determined by the Dickenson School of Law in its sole discretion. It is my intention that the bequest made by this ITEM conform to the provisions for the allowance of the charitable deduction for federal estate tax purposes. I therefore direct that any provisions of this Will notwithstanding, the provisions hereof and powers granted herein to my Executor shall be construed in accordance with said intention and shall not be interpreted or exercised so as to disqualify any portion of the bequest made by this ITEM for the federal estate tax charitable deduction. Any provisions hereof and powers granted herein to my Executor which would cause any portion of the bequest made by this ITEM not to qualify for the federal estate tax charitable deduction shall be null and void and of no force or effect. In the event that the bequest made by this ITEM would not qualify for the federal estate tax charitable deduction because at the relevant time or times the Dickenson School of Law is not an entity or a part of an entity bequests to which qualify for the federal estate tax charitable deduction, then the bequest made by this ITEM shall not be made and the amount thereof shall pass as a part of my residuary estate anything to the contrary set forth in this ITEM notwithstanding. Page 3 of 12 pages ITEM VI: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, wherever situate, not disposed of in the preceding portions of this Will, to my living issue, per stirpes; provided, however, that (1) should any such issue be a child of mine who has not attained the age of fifty-five(55) years, such child's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM VII ( the "Child's Trust"), or (2) should any such issue be the issue of a deceased child of mine who has not attained the age of twenty-one years, such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM VIII (the "Grandchild's Trust"). ITEM VII: My Trustee shall have, hold, manage, invest and reinvest the assets of each Child's Trust, collect the income therefrom and (a) Until the child for whose benefit the Child's Trust was established (the "Child") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Child such amounts of the net income and principal of the Child's Trust as, in the sole discretion of my Trustee, may be necessary for the Child's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available such purposes. At the end of each year any undistributed income shall be added to the principal of the Child's Trust. (b) After the Child shall have attained the age of twenty-one years, my Trustee shall thereafter pay to or for Page 4 of 12 pages the benefit of the Child the net income derived from the Child's Trust in installments not less frequently than quarterly and such amounts of the principal, as in the sole discretion of my Trustee, may be necessary for the Child'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 Trust the Child shall have then attained below or if the Child shall thereafter a' Trustee shall distribute outright to the fractional portion of the then remaining Child's Trust set forth below: Age 40 years of the Child's an age set forth ttain such age, my Child the principal of the Fractional Share One-fourth 45 years One-third 50 years One-half 55 years Balance then remaining (d) If the Child shall die before final distribution of the assets of the Child's Trust is made, the then remaining principal and any undistributed income of the Child's Trust shall be distributed to the Child's then living issue, per stirpes; provided, however, that if any such issue shall not then have attained the age of twenty- one years, such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with the provisions of ITEM VIII (the "Grandchild's Trust"). If the Child has no then living issue, then to my then living issue, per stirpes; provided, however, that if Page 5 of 12 pages any such beneficiary is then the beneficiary of a Child's Trust or Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust and become a part thereof. If I have no then living issue, then to the SHIPPENSBURG UNIVERSITY FOUNDATION, Shippensburg, Pennsylvania, and the DICKENSON SCHOOL OF LAW, Carlisle, Pennsylvania, in equal shares; provided, however, in the event that at the time of any distribution under by this ITEM to the Shippensburg University Foundation or the Dickenson School of Law, such entity is not in existence, then such distribution shall be made to the other such entity, if then in existence, or, if neither such entity is in existence, then to such entity or entities bequests to which qualify for the federal estate tax charitable deduction and in such amounts as my Trustee, in the sole discretion of my Trustee, shall determine. ITEM VIII: My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income therefrom and (a) Until the issue of a deceased child of mine for whose benefit the Grandchild's Trust was established the "Grandchild") shall have attained the age of twenty-one 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, may 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 Page 6 of 12 pages undistributed income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall distribute the remaining principal and any undistributed income of the Grandchild's Trust outright to the Grandchild. If the Grandchild shall have died before attaining that age, upon the death of the Grandchild my Trustee shall distribute the remaining principal and any undistributed income to the then living issue of the parent of the Grandchild who was a child of mine, per stirpes, or if such parent has no then living issue, then to my then living issue, per stirpes; provided, however, if any such beneficiary is then a beneficiary of a Child's Trust or a Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust and become a part thereof. ITEM IX: 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 provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. Page 7 of 12 pages ITEM X: Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall 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. ITEM XI: In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, in addition to those powers conferred by law, the following powers to be exercised, without authority from any court, 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. (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 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 or depreciation among the beneficiaries. Page 8 of 12 pages (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 property or interest therein owned by my estate or trust severally or in conjunction with other persons, 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 of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage or pledge real or personal property owned by my estate or trust and to make leases of real or personal property for any term. (f) 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, other taxes or for any other purpose. (g) To pay all costs, Death Taxes, other taxes, legally enforceable debts, expenses and charges in connection with the administration of my estate or trust, the expenses of my last illness and my funeral expenses. (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 hold and actively manage and operate any unincorporated business, including any sole proprietorship, joint venture and partnership, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. Page 9 of 12 pages (1) To abandon, compromise, settle, arbitrate, pay or otherwise deal with claims in favor of or against my estate or trust. (m) To select, employ and compensate any person, firm or corporation engaged in rendering investment counsel advice to advise my Executor or Trustee in making investments, managing securities or making decisions concerning the purchase, retention, sale or other disposition of any part of my estate or trust; and to select, employ and compensate any attorney, accountant, broker or other specialist or firm thereof to render services to my Executor or Trustee with respect to my estate or trust. ITEM XII: In the settlement of my estate: (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; nor, as a result of such election, shall any compensating adjustments be made. (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; nor, as a result of such decision, shall any compensating adjustments be made. (c) any loss resultin Executor decision made. My Executor shall not to my estate or to any ~ from any other decisi in good faith; nor, as or election, shall any be personally liable for beneficiary of my estate ~n or election made by my a result of any such compensating adjustments be ITEM XIII: I hereby nominate my friend, CHARLES L. SIECK, of Boca Raton, Florida, to be the Executor of my estate. If for any reason he should fail or cease to act, I nominate the HERSHEY BANK AND TRUST COMPANY, Hershey, Pennsylvania, to be my Executor. All references in this Will to my "Executor" shall also refer to any successor Executor. Page 10 of 12 pages ITEM XIV: I hereby appoint my friend, CHARLES L. SIECK, of Boca Raton, Florida, as Trustee of any trust created hereunder. If for any reason he should fail or cease to act, I appoint HERSHEY BANK AND TRUST COMPANY, Hershey, Pennsylvania, as my Trustee. All references in this Will to my "Trustee" shall also refer to any successor Trustee. ITEM XV: qualify and serve without the bond or other security. Any entitled to compensation for standard schedule of fees in rendered. Any Executor or Trustee shall duty or obligation of filing any corporate fiduciary shall be its services in accordance with its effect when the services are ITEM XVI: In the event that for any reason on the date of any distribution of income or principal from my estate or any trust created hereunder there is not a beneficiary thereof, then such distribution shall be made to such persons, and in such proportions, as would be entitled to my estate had I then died intestate, a resident of the State of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 11 of 12 pages y, • seal and do hereby declare this instrument to be my Last Will and Testament, this ~3 day of 0~~~ 1998. (SEAL ) We, the undersigned, do hereby certify that the foregoing instrument was signed, sealed, published and declared by ROBERT H. LONG, JR., the Testator, to be his Last Will and Testament, in our presence. Residing at: - Residing at• ~~' Page 12 of 12 pages ,~, ,~ ~_, ~~e~ OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Robert H. Long, Jr. ,Deceased Jan G. Sulcove and (Print Name) Malinda E. Bowers (Print Name) (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well- acquainted with Robert H. Long, Jr. and am /are familiar with the handwriting and signature of the decedent, and that the signature of Robert H. Long, Jr. to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Robert H. Long, Jr. is in his /her (sig rue Jan G. Sulcove 82 West Queen Street (Street Address) Chambersburg, PA 17201 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed befo a me thi ~ d y ~-- ~~ . of ` ~~c ~' v~~ Deputy for Register of ~ i Is i ~wrL~p'rop r handwriting. linda E. Bowers 82 West Queen Street (Street Address) Chambersburg, PA 17201 (City, State, Zip) ~ , ,- _: ~-~ ~_. ___ ,, --- -- - -- _ ,: ~~f ~> '_~ i ~:~t ~~ ~ ~~ ~~ ~__ C'~ ~ , -~ r__ _ _ ~_~ :..~~ ~ , __. , .~ .. , ' ~' -' :._ _;_ . __, _.._ ; ._.J _..C 1 -- ~~~ Form RW O4 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. CODICIL I, ROBERT H. LONG, JR., of Cumberland County, Pennsylvania, having made my Last Will and Testament, dated as of March 13, 1998, do hereby make, publish and ', declare this to be a Codicil to my Last Will and Testament. 1. I hereby revise ITEM XIII of my Last Will and Testament referred to above changing my Executor and hereby name Hershey Trust Company, Hershey, Pennsylvania, to be my Executor. 2. I hereby revise ITEM XIV of my Last Will and Testament referred to above changing my Trustee and hereby name Hershey Trust Company, Hershey, Pennsylvania, to be my Trustee. 3. I hereby ratify and confirm my Last Will and Testament except insofar as the same has been modified by this Codicil. IN WITNESS WHEREOF, I, Robert H. Long, Jr., have to this Codicil to my Last Will l and Testament, dated March 13, 1998, subscribed my name and set my seal, this~~ _ day of May, 2007. BLACK AND DAVISON ATTORNEYS AT LAW 82 W. QUEEN STREET CHAMBERSBURG, PA 17201 717.264.5194 ~~~ '; Signed, sealed, published and declared as and for a Codicil to his Last Will and Testament, dated March 13, 1998, by Robert H. Long, Jr., the above-named Testator, in the sight and presence of us, who at his request and in the sight and presence of him and of each other, have hereunto subscribed our names as witnesses on the day and year last above written. ~~m~ ~a~ P COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN I, Robert H. Long, Jr., the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will, dated March 13, 1998; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Robert H. Long, Jr., the Testator, this °~~ day of May, 2007. ~-- Testator f~i . ~~..~..lc- No ry COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lynann M. Funk, Notary Public Chambersburg Soro, Franklin County My Commission Expires Mar. 3, 2008 Member, Penns~~+»<»:a ,~.~_ ~~~csation Of Notaries SS COUNTY OF FRANKLIN We, ~~~. G , ~ ~.. ~ c.o~~ and .~ ~:.~.~. y ~ , G~~ ~ ~~ ,•--tt ~, , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as a Codicil to his Last Will, dated March 13, 1998; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Codicil as a witness; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by ~ a.~ G _ 5~,,,I c ~ ~- ~. and :.S`~~~_~ L. ~ ~ ~ a,r.a „1, witnesses, this ~~day of May, 2007. itn ss COMMONWEALTH OF PENNSYLVANIA " Notarial seal Witness Lynann M. Funk. Notary Public '~ Chambersburg Boro, Franklin County i~~/t ~~-s~ ~ _ My Commission Expires Mar. 3, 2008 Member, Pennsyiv2.rrr~ ~~.=.rc~~atinn Of Notaries Notary