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Home My WebLink About06-17-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYI~VANIA Estate of ROBERT GRANT DENNINGER, JR • File Number ~ _ ~' ` '~_-' V.~ ~ ~~ also known as ,Deceased Social Security Number 0 9 5_ 2~~ 6 4 2 A Y ANN DENNINGER 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 EXECUTRIX _ named in the last Will of the Decedent dated ~ / 2 5 / 2 0 0 8 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g): B. Grant of Letters of Administration (If applicable, enter.• c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante mrnoritate) R`',.,.) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sp~:~„(if any) a~t`d'•heirs: (Ifs Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ~ ~ C~. Name Rel /^ l ~ ~ / ~ T ~ ~_ f .LL . .. ._ ~ t,.,. ~~ (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in S U M B E R L A N D County, Pennsylvania, with his /her last principal residence at VON ROAD CAMP HILL PA 17011 CAMP HILL BOROUGH (List street address, town/city, totivnshtp, county, state, zrp code) Decedent, then 75 years of age, died on 3/17/2011 at HOSPICE OF PALM BEACH BOUNTY ATLANTIS FLORIDA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 61, 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 $ _ 3 2 0 , 6 0 0. 0 0 519 DEVON ROAD, CAMP HILL, PA 17011 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters iri the appropriate form to the undersigned: ~ S MARY ANN DENNINGER Typed or printed name and residence 519 DEVON ROAD Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) fthe Decedent, Petitioner(s) vvill well and truly administer the estate according to law. ~ ~ / Swore to o:- affirmed and sui/scrib ed ~ r ~ Signature of P sonal Representative 'L before me the ~ ~ day of r ~ ~ -~.~' ~' ~' _, , B -- For the Register Signature of Personal Representative Signature of Personal Representative ~~ .`C..~ ,..~? _. ~~ :.-~ O 'Tr ""' Estate of ROBERT GRANT DENNTNr-FR, JR ~ ._.. D~e`a`~ed ~~ ._.. E~ -~~ ~` ~~ . ~y i File Number: _ ~ - ~~ .~I ,~+~~ ~ ;~ ~~ C~ f_~ ~~ ~~ Social Security Number: 0 9 5- 2 8- 6 6 4 2 Date of Death: 3/ 17 / 2 01 ~ ~~, AND NOW, ~ ~ , 2011 , in consideration of the foregoing Petition, satisfactory proof having been presented before me; T IS DECREED that Letters T E S T A M E N T A R Y are hereby granted to MARY ANN D E N N I N G E R . in the above estate and that the instrument(s) dated X 1/ 2 5/ 2 0 0 8 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.+ FEES Letters ...................... Short Certificate(s) ..... Renunciation(s) ......... t,ll 1 l _. ~~~ ~ TOTAL ........ ,, ~~ ....... $ ~~C~ ....... $ .... $ ~ .... $ .... $ .... $ .... $ .... $ .... $ ,..... $ ~ =~~ r ~ Form RW-02 rev. 10.13.06 Supreme Court I.D. No.: 7 0 2 41 - Address: X331 MARKET STREE1' CAMP HILL PA _ 17011 Telephone: 717 7 6 313 8 ~ Page 2 of 2 Attorney Name: .SUSAN H • CONFAIR r._ _.. _--__.- .__ . _.. _._ _ __.- .... -,.__ . e .._.. I OFFICE of VITAL STATIS~'ICS ~° CERTIFIED COPY t ~t~Nr _ ~ FLORIDA CERTIFICATE 4F DEATH et_nctc lNK LOCAL FILE NO. Q' ~~:,~Q,,.~, C,~ ~A#~R 2 5 2011 FLARIDA DEPAR'1'MEINT OF .1i THIS DOCUMENT IS PRINTED-OR PHOTOCOPIED ON SECURITY PAPER WITH A WATERMARK OF THE GREAT HEALT WARNING: SEAL OF THE STATE OF FLORIDA. DO NOT ACCEPT WITHOUT VERIFYING THE PRESENCE OF THE WATERMARK. THE DOCUMENT FACE CONTAINS AMULTI-COLORED BACKGROUND AND GOLD EMBOSSED SEAL. THE BACK CONTAINS SPECIAL LINES WITH TEXT AND SEALS IN THERMOCHROMIC INK. ~• DH FORM 1947 (08/04) 37582389 ~ ~~ ' •'(r~ * 3 7 5 ~~ 2 3 8 9 .~ ... ~;, ~_ ~ ~ „, ~ls ; , ~ ~:~ ~ C' - - , c ~ ~ -- x~ ; 4 7 ~ ' 'f ') ~~,~) - ~ - f ~.~ Z ~: ~ _'~ -, .... o -TE ,n A,. „ice ~ Yt 1. DECEDENTS NAME (First, Middle, Last, Suffix) [. 5tx DENNINGER Jr. Male ___ 3. DATE OF BIRTH (Month, Day, Year) 4a. AGE-last Birthday 40. N 1 YEA NDER 1 D 5. DATE OF DEATH (Month, Day, Year) (years) Months Days Hours Minutes Februa 24 1936 March 17, ZO11 _V 6, SOCIAL SECURITY NUMBER 7. BIRTHPLACE (Ciryand State or Foreign Country) 8. COUNTY OF DEATH 095-28-6642 GLEN COVE, N®w York Palm Beach __ 9. PLACE OF DEATH HOSPITAL; _ Inpatient _ Emergency Room/Outpatient _ Dead on Ardval (Check only one) NON-HOSPITAL: Hospice Facility _ Nursing HomelLong Term Cara Facility _ Decedent's Home _ Other (Specify) _ 10. FACILITY NAME (lino! institution, give street address) 11a. CITY, TOWN, OR LOCATION OF DEATH 11 b. INSIDE CITY L~:MITS? • Hospice of Palm Beach County Atlantis X Yes __No 12. MARITAL STATUS (Specify) 13. SURVIVING SPOUSE'S NAME (If wile, give maiden name) , Married _ Married, but Separated _ Widowed _ Divorced -Never Married _~ 14a. RESIDENCE -STATE 14b. COUNTY 14c. CITY, TOWN, OR LOCATION Penns lvania Cumberland Camp Hill __ 14d. STREE-T ADDRESS 14e. APT. NO. 14f. ZIP CODE 14g. INSIDE CITY LIMITS? 519 DEVON ROAD 17 011 Yes __ No „ 15a. DECEDENTS USUAL OCCUPATION (indicate type of work done during most of working fife.) 15b. KIND OF BUSINESS/INDUSTRY ~ Do not use 'Retired` GENERATORS SALES 16. DECEDENT'S RACE (Specify the race/reces to indicate what decedent considered himselfiherself to Ire. More then one race maybe specified.) ~~ White _ Black or,AMcan Amedcan _ American Indian or Alaskan Native (Specify tribe) • _ Asian Indian _ Chinese _ Filipino _ Japanese _ Korean _ Vietnamese _ Other Asian (Specify) Native Hawaiian Guamanian or Chamorro Samoan Other Pacific Isl. (Specify) _ Other (Specify) • 17. DECEDENT OF HISPANIC OR HAITIAN ORIGIN? _ Yes (If Ves, specify) ~ No _ Mexican ,~ Puerto Rican _ Cuban _ CeniraUSouth American (Speciry 1/decedent was of Hispanic or Hallian Origin.) _ Other Hispanic (Specify) __ Haitian • 18. DECEDENTS EDUCATION (Speciy the decedent's highest degree or level of school completed at fime of death.) 19. WAS DECEDENT EVER tM U.S. ARMED FORCE:i? _ 8th or less _ High school but no diploma ~, High school diploma or GED ~ _ Colege but no degree College degree (Specify): _ Associate ]~ Bachelors _ Master's _ Doctorate _ Yes ~ No _ 20. FATHER'S NAME (First, Middle, Last, Suffix) 21. MOTHER'S NAME (First, Middle, Malden Surname) T OBERI G _~ 22a. INFORMANT'S NAME 22b. RELATIONSHIP TO DECEDENT 23a. INFORMANT'S MAILING -STATE •f Penns lvania _ 23b. CITY OR TOWN • 23c. STREET ADDRESS 23d. ZIP COCE E N 17011-_, • 24. PLACE OF DISPOSITION (Name of cemetery, crematory, or other place) 25a. LOCATION -STATE 25b. LOCATION -CITY OR TOWN ALL COUNTY CREMATORY Florida Lake Worth _~ 26a. METHOD OF DISPOSITION _ Burial _ Emombment Cremation _ Donation _ Removal from ate _ Other (Speclry) __ 28b. IF CREMATION, DONATION OR BURIAL AT SEA, 27a. LICENSE NUMBER (ol Ucensee) 27b. SIGNATU FUNERAL RV ICEN E PERSON ACTING AS SUCH APPROVDAL GRANTEMDINER ~_ Yes _ No F03 04 3 7 -` __ . 28. NAME OF FUNERAL FACILITY 29a. FACILITY'S MAILING -STATE All Count Funeral Home & Cremato Florida _ y 29b. CITY OR TOWN 29c. STREET ADDRESS 29tl. ZIP CODE: ~ Lake Worth 1107 Lake Avenue 33460•+ Certifying Physician - To the best of my knowledge, death occurred at the time, date and place, and due to the cause(s) and manner stated. CERTIFIER: 3D ~_ ~ . t d .g . e (Check one _ Medical Examiner - On the basis of examination, and/or investigation, in my opinion, death occurred at the time, date and place, due to the cause(s) and manner sta 31 a. (S a nd Title of Certlfler) 31 b. DATE SIGNED (mrr/ddyyyy) 32. TIME OF DEATH (24 hr) 33. MEDICAL EXAMINER'S CASE Nl1MESER ' u E NUMBER (of Certifier) 34b. TIFI 'S NAME 35. NAME OF ATTENDING PHYSICIAN (If other than Cedilier) ~ ~~ - /' JULIE FORMOSO M.D. - LL • 36a. CERTIFIERS -STATE 36b. CITY OR TOWN 36c. STREE? ADDRESS 36d. ZIP CODE 0 o Florida r s Av nue 33462-- 37. SUBREGISTRAR -Signature end Dafe 38a. LOCAL GISTRAR - Signefwe 36b. DATE FILED BY REGISTRAR (Mo., Day, Yr) E~~QR 2 4 2011 ~ ~ - wILL OF ROBERT GRANT DENNINGER, JR. I, ROBERT GRANT DENNINGER, JR., of 519 Devon Road, Camp Hill, Cumberland County, Pennsylvania, 17011, being of sound mind and disposing memory, do hereby make and declare this to be my last Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: 1.1 I bequeath all my tangible personal property to My Wife, Mary Ann Denninger, ("M_y Wife"), if she survives me. If My Wife does not survive me, then I bequeath all my tangible personal property in accordance with the terms of a personal property memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. 1.2 I bequeath such assets not disposed of by such memorandum, or .all of such property if no such memorandum is located or received, to my children living at my death to be divided between them in as nearly equal shares as they agree. In the event of irreconcilable disagreement between my children, they shall take turns selecting individual items with my oldest child making the first selection. If any of my children does not survive me, his or her share shall be distributed per stirpes among those of his or her issue who survive me. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. ~ 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. 1.4 I direct that the expenses of storing, packing, shipping, insurir~nd ,.;,~ ~ delivering any such property to the beneficiary entitled thereto shall be paid by the Ea;e".:x-a~ an administrative expense of m estate. ~"`~' y :~-~~ Article Two: Marital Bequest: ~~~-? ,_~ If My Wife survives me (and I direct that for the purpose of this Article Teo sshe shall be deemed to have survived me unless it appears unmistakably that she did not surw~ive me), and if the federal estate tax due because of my death will be reduced by making this gift for her __~ .... ~.~ c r...j ~ i } ~ . ,~ --J ~= ` ' . --~ , ~ ~ , ;~ _~ .. ;: '" ~n c..~t , c:: benefit, I devise and bequeath to My Wife, the least amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculating the federal estate tax, except that such amount shall be calculated without regard to the augmenting of my taxable estate by reason of generation- skipping transfers and without regard for any credit for state death taxes that would not otherwise be payable. Article Three: Residuary Credit Shelter Trust: If My Wife survives me, I devise and bequeath the residue of my estate of every nature and wherever situate, including property over which I shall have any power of appointment, other than any such power given to me in any will or inter vivos trust of My Wife, to ithe Trustee hereinafter named, IN TRUST, for the following uses and purposes, it being my intention that this trust shall be exempt from federal estate tax to the extent of my unified credit amount: ~ ~. l During Wife's life. My Trustee shall pay the distribution amount set forth below to or for the benefit of My Wife during her life, in quarter-annual installments. If, however, My Wife does not survive me, the residue of my estate shall be divided and distributed pursuant to the provisions of §3.10 hereinafter.. X3.2 Distribution amount. The Trustee shall pay to My Wife in each tax year of the trust during her life an amount equal to four percent (4%) of the average of the fair market values of the trust as of the close of the last business day of the trust's three previous tax years (or such lesser number of tax years as are available for the first three tax years of the trust). In the case of a short tax year, tl~ie distribution shall be calculated as set forth in subparagraph 3.3 below. In the case of contributions to or distributions from the trust, including initial funding, the distribution amount shall be determined as set forth in subparagraph 3.4 below. X3.3 Short ,ear. For a short tax year, the distribution amount shall be based upon a prorated portion of the distribution amount set forth above comparing the number of days in the short taxable year to the number of days in the calendar year in which the short taxable year is a part. § 3.4 Contributions and Distributions. In a taxable year in which assets are added to or distributed from the trust (other than the distribution amount) (hereinafter "adjustment year"), the distribution amount shall be increased (in the case of .a contribution) or decreased (in the case of a distribution) by an amount equal to four percent (4%) times the fair market value of the assets contributed or distributed (as 2 of the date or dates of the contribution or distribution), multiplied by a fraction, the numerator of which is the number of days from the contribution or distribution to the end of the calendar year and the denominator of which is the days in the calendar year. Further, the year end values for the two tax years preceding the adjustment year shall be increased by the amount of such addition, or decreased by the amount of such distribution, for purposes of determining the distribution amount for years following the adjustment year. X3.5 Fair market value computations All computations of the trust's fair market value, or the value of any contributions or distributions as set forth above, shall include accounting income and principal, but no accruals shall be required. If the trust includes assets for which there is not a ready market, the Trustee shall adopt such method. of valuation as he or she deems reasonable in his or her discretion u:r~der the circumstances. 3.6 Income earned in estate prior to trust funding In addition to the distribution amount as determined above, the net accounting income earned in my estate and allocable to the residue shall be paid to the trust, and distributed to My Wife in addition to the distribution amount set forth above. ~~' ~.7 Source of distribution amounts. The distribution amounts from t>^ie trust shall be paid first from the net accounting income, next from net realized short term capital gains, then from net realized long term capital gains, and as necessary from the principal of the trust. X3.8 Discretionary distributions of additional amounts In addition to the distribution amounts as set forth above, my Trustee shall distribute such additional amounts, if any, of accounting income, capital gain or principal to My Wife as the Trustee, in his or her sole discretion, deems advisable for My Wife's healt>^i, maintenance and support in her accustomed standard of living, taking into account other income or assets which are available to her. X3.9 Residence in Trust: If it is necessary in order to fund my credit shelter trust that my personal residence be put into the trust, and if My Wife wants to continue to live in the house, My Wife shall be permitted to continue to live in the house rent free for as long as she wishes; and the Trustee shall not sell or otherwise dispose of the house so long as My Wife wants to live in it. X3.9.1 My Wife shall be responsible forpayingall utilities and normal livin€; expenses incidental to living in a house, but the Trustee shall be responsible for paying the taxes, the cost of keeping the house properly insured and for maintaining the house in sound repair and good appearance. -, J X3.9.2 The restrictions against the Trustee selling or otherwise disposing; of the house shall no longer have effect (I) upon the death of My Wife, (ii) when lvly Wife gives permission in writing to the Trustee to sell or dispose ofthe house, or (:iii) when My Wife ceases to need the house as her residence. §3.10 Death of Wife. On the death of My Wife, the Trustee shall divide the balance of the Credit Shelter Trust into two equal shares which shall be distril^-uted as follows: §3.10.1 One share shall be given as an outright distribution to my daughter, Jennifer Ellen Hollister, of Mechanicsburg, PA, per stirpes; provided, however, that if any beneficiary shall not have attained the age of twenty-one (21) years, that beneficiary's share shall be subject to the provisions of X3.10.4 hereinafter. I:f my daughter does not survive me or the death of My Wife, per stirpes, this share >hall pass under §3.10.2 hereinafter. X3.10.2 TRUST FOR SON: One share shall be placed into a trust for the bene:fit of my son. Dennis Grant Denninger, of Camp Hill, PA, per capita. This trust shall continue for the duration of the life of my son. The Dennis Grant Denninger Trust shall be governed by the same terms and conditions as the Credit Shelter Trust specified in this Article Three, except that the references to My Wife shall be interpreted to be references to my son, Dennis Grant Denninger, and the distribution amount shall be as set forth hereinafter. The Trustee shall pay to Dennis Grant Denninger an amount monthly which, when annualized, shall be equal to five percent (5%) of the fair market values of the trust as calculated in §3.2 above. A. If Dennis Grant Denninger requests it, upon the death of My Wife hie shall be entitled to receive immediately a one time payment of Twenty-Five Thousand Dollars ($25,000.00) outright. All the rest of this share shall be held IN TRUST for his benefit for the rest of his life. Upon his death the trust shall terminate, and the remaining assets shall be distributed under subparagraph B hereinafter. B. Upon the death of my son, Dennis Grant Denninger, or if he is nat alive at the time of the death of My Wife, this share shall lapse, and the remaining assets shall be distributed to my daughter, Jennifer Ellen Hollister, per stirpes. §3.10.3 If on the death of My Wife I am not survived by any issue, the eni:ire residue of the estate shall be divided and distributed among my intestate heirs and the intestate heirs of My Wife. X3.10.4 I give to the Trustee hereinafter named any share passing hereunder for the benefit of any issue of mine who shall not have attained the age of twenty-one (~'.1 1 years, to be held, administered and disposed of in accordance with Article Four hereof (the "Beneficiary's Trust") for the benefit of such issue. 4 X3.11 Goal of trust and Trustee's power to alter distribution rate The goal of this trust is to provide a relatively smooth flow of distributions to My Wife whiich distributions over the anticipated term of the trust may maintain to the extent practicable their real spending power in the face of inflation. A second and related goal is to maintain the real spending power of the principal of the trust for t:he remaindermen. It is my intent by using a total return trust, that is one which does not distingLiish in investment goal (or distribution) between the production of income and short and long term capital gains, to eliminate any conflict of interest which the Trustee might otherwise experience between attaining the two goals set forth above. I have set the distribution rate at four percent (4%) based upon my hope that over long periods of time, this distribution rate can be maintained and still have the distributions increase sufficiently to offset inflation. If this goal is achieved, t:he principal of the trust will also have maintained its value. I recognize that these goals will not be attainable every year, or even over the long term. I accept that the setting of the four percent (4%) distribution rate is my own decision and recognize that the two goals set forth above may not be attainable as a result even if my Trustee acts with reasonable prudence. As a further safeguard, if the Trustee becomes convinced that the goals as set forth above cannot be attained as a result of substantial and long term changes in the investment marketplace; because of inflation, deflation, or other secular economic change which would make advisable a change in the percen~~tage distribution amount, then my Trustee shall have the discretion to modify such rate as he or she may deem necessary. Such a change in rate shall be within the sole discretion of my Trustee given the investment and distribution goals for this trust. My Trustee shall not be held accountable for such discretionary act by any p,art:y provided that he or she has acted in good faith. Article Four: The Beneficiary's Trust: The Trustee shall, IN TRUST, hold, manage, invest and reinvest the assets of the Beneficiary's Trust, collect the income thereof, and: X4.1 While the beneficiary of the Beneficiary's Trust (the "Beneficiary") is under eighteen (18) years of age, the Trustee shall apply to or for the benefit of the Beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, taking into account other available funds, including the Beneficiary's assets. The Trustee shall annually accumulate any net income ilo~t so distributed and add the same to the principal of the trust property. X4.2 After the Beneficiary attains eighteen (18) years of age, the Trustee shall, distribute to or for the benefit of the Beneficiary the net income of the Beneficiary's 5 Trust in quarter-annual installments, or more frequently if the Trustee deems it advisable, and so much of the principal as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist the Beneficiary with reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or business considered a good risk by the Trustee, taking into account other available fiends, including the Beneficiary's assets. X4.3 At any time after the Beneficiary attains twenty-one (21) years of age, the Beneficiary may withdraw any or all of the principal of the Beneficiary's Trust. X4.4 If the Beneficiary dies before the complete termination of the Beneficiary's Trust, the Trustee shall distribute the property then held in trust to such persons or corporations, (including the Beneficiary's estate), in such amounts and upon such trusts, terms and condition, as the Beneficiary by last Will may appoint by specific reference to this general power of appointment; provided, however, any portion. of the trust property not subject to the Beneficiary's power of withdrawal immediately prior to the Beneficiary's death may only be appointed to one or more of the Beneficiary's issue, in such amounts and upon such trusts, terms and conditions as the Beneficiary by last Will may appoint by specific reference to this special power of appointment. Any property not so appointed shall be distributed to the Beneficiary's then living issue, per stirpes, or if none, to the pursuant to §3.10..3 above. Article Five: Executrix/Executor: I appoint My Wife, Mary Ann Denninger, Executrix of this my last will. Should My Wife, Mary Ann Denninger, fail to qualify or cease to act as Executrix, I appoint my daughter, Jennifer Ellen Hollister, as my first, contingent Executrix. Should daughter, Jennifer Ellen Hollister, fail to qualify or cease to act as Executrix, I appoint my nephew, James Dewey Tomlin, III, of Rockville Centre, Long Island, NY, as my second, contingent Executor. All references herein to the Executor shall mean my originally appointed Executrix or my successor Executrix or Executor, as the case may be. Article Six: Trustee: X6.1 I appoint Jennifer Ellen Hollister to be the Trustee of any Trust which is created as a result of this Will. Should Jennifer Ellen Hollister be unable or unwilling to serve as Trustee, or to complete the Trusteeship, I name James Dewey Tomlin, III, as contingent, successor Trustee 6 under my Will. All references herein to the Trustee shall mean my originally appointed Trustee, or my contingent Trustee, as the case may be. Article Seven: Provision for Debts and Expenses: I direct that any of my legally enforceable debts, any expenses of my last illness, :Funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. Article Eight: Powers of Fiduciaries: `~8.1 No fiduciary under this Will shall be required to give bond or other sec~uri~ay for the faithful performance of the fiduciary's duties. X8.2 In addition to the powers conferred bylaw, my Executor with respect to my estate, and my Trustee with respect to any trust, shall have the following powers, to be exercised in their absolute discretion without the necessity of application to any Court, in the capacity to which such powers may be applicable; X8.2.1 To invest in, accept and retain any real or personal property, including stoc;k of a corporate fiduciary or its holding company, without restriction to legal investments; X8.2.2 To sell, exchange, partition or lease for any period of time any read or personal property and to give options therefor for cash or credit, with or without security; ~ 8.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 8.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; X8.2.5 To engage in litigation and compromise, arbitrate or abandon claims; X8.2.6 To make distributions in cash., or in kind at current values, or partly in each, allocating specific assets to particular distributes on anon-pro rata basis, and for such purposes to make reasonable determinations of current values; ~ 8.2.7 To make elections, decisions, concessions and settlements in connection with 7 all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; ~ 8.2.8 To allocate, in the Executor's sole and absolute discretion, any portion c-f my exemption under Section 2631(a) of the Internal Revenue Code to any property as to which. I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation. prior to my death; X8.2.9 To create, except when the fiduciary is a beneficiary of the subject trust, with respect to all or any part of the principal of any trust hereunder, including; a pecuniary amount, by a written instrument a general testamentary power of appointment within the meaning of Section 2041 ofthe Internal Revenue Code ire any beneficiary thereof and to eliminate such power for all or any part of such principal as to which such power was previously created and to divide trust principal into two fractional shares based upon the then portion of the trust that would be includab e in the gross estate of the beneficiary holding such power if he died immediately before such division (in which case the power shall be over the entire principal of one share and not: the other), with each share being administered as a separate trust, unless s~uc;h fiduciary shall thereafter elect to combine such separate trusts into a single trust; t:o exercise the foregoing discretion to create or eliminate a general testamentary power of appointment when such fiduciary determines that the inclusion of the property affected thereby in the beneficiary's gross estate may achieve a significant savings in transfer taxes by having a federal estate tax in lieu of a Chapter 13 tax imposed by the Internal Revenue Code on the property subject to such power of appointment ar may achieve significant income tax benefits; ~ 8.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; 8.2.11 To terminate any trust created herein, the principal of which is or becomes too small. in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust 8 property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries; provided, however, no Trus'~tee shall participate in any decision to terminate such trust if by reason of such termination such trustee could receive a distribution of trust property from such trust as aforesaid. The receipts and releases of the distributee(s) will terminate absolutf;ly the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; and `~ 8.2.12 To merge any trust created hereunder with any other trust or trusts created by me or my spouse under will or deed, or a trust created by our daughter, if the terms of any such trust are then substantially similar and held for the primary benefit o:('the same person or persons. Article Nine: Provision for Taxes: All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of, first, by Article Two and, second, by Article Three of this Will; and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of th.e :principal of such portion of my estate, in the absolute discretion of the Executor, without reimbursF;m.ent from or apportionment among the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest; provided, however, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property; provided further, however, the Executor shall not pay any supplemental federal estate ~ta~;, or any penalties or interest related thereto, imposed by Section 4980A(d) of the Internal Revenue Code, 9 which supplemental federal estate tax, together with any penalties or interest related thereto, shall be borne by the recipients of the qualified plan benefit (including my estate if it is a recipient: of any such benefit) giving rise to such supplemental federal estate tax in proportion to their respective interests therein. Article Ten: Miscellaneous Provisions: § 10.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. 10.2 Whenever the Trustee is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-one years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the Trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (1^>) apply), without liability on the part of the Trustee to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. 10.3 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created. under the provisions of this Will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for an_y contracts, debts, engagements liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. 10 10.4 If any beneficiary hereunder should die within thirty (30) days after me o~~ within thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. Article Eleven: Gender: Unless the context indicates otherwise, any use of masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, ROBERT GRANT DENNINGER, JR., herewith set :my hand and seal to this, my last Will, typewritten on twelve (12) sheets of paper including the self-proving attestation clause and signatures of witnesses, this ~ S ~ day of Nt~ ~ ` ~~, ~ ~ ~~ -- 2008. ~~ f ROBERT GRANT DENNINGER, ,IR. '' Witnessed: • ~ residing at r ~ ? /~ ~ Z. ~ ~ f'T' . ~~ !r , / C __ ~~ ~~` .~,~~ ~~.~..; ~~~~~„ residing at / ~ ~ ~ ~ t ~.~ V> ~ .~ r~ r f j' ~ ~- ~ residing at G~ G i -n% J U ~.~ ," ~- f~ ~ 1 ~/`~: ~-- -- ,..~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND _ I, ROBERT GRANT DENNINGER, JR., (the Testator) and__ S' g ~ R ~ ~ .r~r, , ; ~-~ d' %7'd`~',~3 c- ~y, wL ~ n r ~ (the witnesses), whose names are signed to the ~FOregoing 11 instrument, being first duly sworn, each hereby declares to the undersigned authority that the Testator signed and executed the instrument as his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes 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 their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: ~~~~ ~~ ~ WITNESS: '~ ~, ~~ this ~~. s?" ~ day of ~~~ ~ ~- ~ ~ ~-,~ t e witnesses, 2008. ~! Notary Public My Commission expires: ~~ ~/~ g~~,,; .z_ (SEAL) NOTARIAL SEAL DENISE L DILLMAN HAMDEN TOWNS~P CUMdERLANp COtNiTY Mil Contmb=ion Expirq Sip 1 a, 2012 TESTATOR: ,----~ ~? _~ ROBERT RANT DENNINGER., JR. WITNESS: _.. :. ~L i''~ ~ ~~. ~--- -- Subscribed, sworn to and acknowledged before me by ROBERT GRANT DENNINGER, JR., the Testator, and subscribed and sworn to before me by .~ . /3 ~ n ~ ~ _~r-~ ,~ -; i f ,/~ /-~ L ~ 3 ~ /'l? u' ~ ~ ;~ P ,v and ~` ~r ~ ,~ ~-~~ ~ 12