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Home My WebLink About11-01-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS c7 :~,~ PETITION FOR PROBATE AND GRANT OF LETTERS ,. <-~ :~_~ Estate of Janet S. Althouse ~ 1 Deceased ESTATE NO: 21- ~ ~~-~~ ~' C a/k/a: ~ ~"~''~ ~; - : a/k/a: SS NO: 180-327~1~48 ~~-' r-. F-' Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C"'as applicable: ~ A. Probate and Grant of Letters Testamentary or pAdministration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters under the last Will of the above-named Decedent dated 2/3/2005 --- __ and codicil(s) dated . The Hershey Trust Company has renounced its right to serve as Executor in favor of Decedent's children: L. Bruce Althouse III and Lynn A. Kopnisky, who are her sole heirs. (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 ext;cution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8): N/A ^ B. Grant of Letters of Administration (It applicable, enter d.b.n., pendent lite, durance absentia, durante minoritate) C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs ([f Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A 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 proc~~j~ wherein grounds for divorce had been established as provided in 23 Pa. C,.S.A. § 3323(8), except as follows:- No L. Bruce Althouse III 264 Deerfield Avenue, Mechanicsburg, PA 17050 ncm uvn~m w Lel'e4~ Son Lynn A. Kopnisky 1628 Churchill Road, Harrisburg, PA 17111 Daughi:er ncr. ,~ nnr•r rr~wi • r c.ror`~ ~ ... ,.... ....rte ..,., nt THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 2100 Bent Creek Road. Mechanicsburg, Silver Spring Township (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 69 years of age, died 10/1/2011 at East Pennsboro Township, PA (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: _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 $ --- Total Estimated Value $ 5001000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) N/A gna refs) // .-~ va~,r,i~~ .e tir..ar~., e,i,r..o~~io..~ ,/' ~ ~~ L. Bruce Althouse III, 5264 Deerfield Avenue Mechanicsburg, PA 17050 ;~ Lynn A. Kopnisky, 1628 Churchill Road, Harrisburg, PA 17111 - --- -- _. __..~_........ ~.,.....~ r..,.. .,...,.. „y .nom ~,~u<< Pace 1 oft OATH OF PERSONAL REPRESENTATIVE <? - ~_ c7 "_ _ -~--. Commonwealth of Pennsylvania ~ ~~~ . r-- County of Cumberland SS ..r~,,~ ~ - .J '1 ~~ __.__ The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petit}~ri~~re true~and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representativeO of the"~' ~ :' Decedent, Petitioner(s) will well and truly adrr Sworn to or affirmed and subscribed before me this ' ~ ~~ day of C ~ 11 ~ ~ ~ (~l~~LlsS~~ For the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of Janet S. Althouse ,Deceased File Number: 21- ~~ 4) -_ '" AND NOW, this ~ day of E..,'0~,~(;~ U\,l,~l~_ y" ,.~ f~~ j~, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, I`l; IS DECREED that Letters -Testamentary x of Administration c.t.a. are hereby granted to: (It applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) L. Bruce Althouse III and Lynn A. Kopnisky in the above estate and that instruments(s) dated 2~3/zoos described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. Glenda Farner Strasbaugh, Register of Wills ~~ <~Y.e=l,t~-~-'}i~~~;J Ck~.2 FEES: Letters ....................$ ~~~! L ~' Will ........................ ~ : .G .' Codicil(s) ................. (~V) Short Certificates ~( . ; ( ~) Renunciations....... ~ - CC` Bond ............................ Other ............................. ................................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 y9 c~ TOTAL ................$ '28-5 Signature of Counsel Required to Enter Appearance Atty's Signature ~~ ~ ~~; 4" ~ PRINTED Name: Elyse E. Rogers __ _ Supreme Court ID No.: 41274 Address: Saidis, Sullivan & Ro ers 635 N. 12th St., Lemoyne, PA 17043 Phone: 717-612-5801 Fax: 717-612-5805 Interim Porm RW-02 revised 1226.10 by Cumberland County pending action by the Covet Page 2 of 2 IhS.&ns RF: ~- In'vu-~ LOCAL REGISTRAR'S CERTIFICATION OF DEAI'7'hl WARNING: It is illegal to duplicate this copy by photostat or photograph. 1=ee for this rertificatr. S6.(I(1 ; ~ ~ r,,,r ,~ I h(; i> iit c =~ 1~H OF p 1j1 rrUl Il t'. thr iuiin~lnation here ~ri~~en i F ~ 1,t p ,~~F.- %Y,y ~ cuu~ectlt t[,~ ~ickiilt ,,;;j,tei,~nrllCertific.ttel~f Drath S ~ - ,a'toi ~' =~ Lik)I~ 1~ileLE •,c ' ~G ~ ~ ilh i iL I .,_al R~~ Isu~ar. l~hc ori~,inal . , ;~o~z) i.lilr(ul; x;l( in (~~( ~„krd~d t[1 the Starr Vital ~v i a~ fxt~01':j~ I ltl ' v • ~ ltir I ,kt Lill I Irni flhn~~. - --- _ _ , ,k ~ q ~ ,,, 9r ~ ~ti~ ~ _~ . ~ t ~ MENT of , ~~ ~- ~ ~~~' 0 ti 4L20 ~~ Certification ;Vlln~bcr i - - -~„ , ,, x - -- , ,, 1 kcal Rc_) I ~a~ Date I~tiue~t n -~-, .`Y ~~ ~.... _.I.. ti ~ 1 C7 , ti - . ~. rn r> - _p __ ~. is _=;:\ __ -~ (_~y ---T .. H105~143 REV 112006 TYPE I PRINT IN COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF HEALTH 'TJ -"j ~ -.~ '__ ~~ ' ~ PERMANEM .VITAL RECORDS ` `' T~ BLgcK INK CERTIFICATE OF DEATH t` (See instructions and examples on reverse) 1. Name of Decedent (Frsl, mitld'e, last. sumixl STATE FILE NUMBER JANET S. ALTH OUSE 2. Sex 3. Sweat Security Number 4. Dale of Death (NiMtn, lay, year) 6. Aga I[aat &Mtlay) under 1 at under I da 6. Date of Binh Monet, tla , 7 Binh Mra Ci rw I FEM 180 -32 -2048 October 1 , 2011 "°"I" Day, Hnpra MmWas . a slate or wai n rount 6a. Place of Deam Check tint o 69 Oct. vr6. PA "°`vdac timer 14, 1941 Lancaster . BE. County of Death &. City, Boro Twp. of Death , ~rq~r p~ 'LWMpelient ^ ER / Oulpegenl ^ DOA ^ Nu F 6d ili rsing Hwna ^ Resitlen;e ^ Omer ~ Speuty: 1 ~y. . Cumberland E. Pennsboro Twp . ac ty Neme 01 not insrlMion, give street and number) 9. Was Decedent of Hispanic Origin+ ~ No ^ Yes 10. Race'. American InfFan, Black. White, etc. Holy Spirit Hospital blyeeapecitycaban (~;m Mexican Puena Ri 11. Decedent's Usual Ouu alwn Kind of work Bete Burin most of workin Ille. Do not stele retir can. etc.) ed 12. Was Decedent aver in me 13. Oecetlent's Etlucation (Spedty only Ngtresl gratle completed) 11 M it l S White Kira o1 Work Kind of Buseness/Industry Homemaker . ar a lalus. Married, Never U. S. Armed Forces? Elementary I Secdntlery (0-12) College (1-4 w 5t) WMOwed. Divorced (Specity) Marred, I5. Surviw.ng Spouse (II wile, gore maiden name) ' ^ vea %XNo lire 2 Widow 16. Decedent s Meiling Adtlress (Sireel, city I lawn, state, zap code) Decedent's 2100 Bent Creek Blvd. Ditl Decedent VIpI Acual Raaitlerwe 17a Stale PA lne lna Ilws,pl yes, Decedent Lrve ~~.'' ~~'~'~"" din ys?~ $ TS saly n 1z Mechanicsbur PA 17050 _ , g TwP. Township? ---- nb.coanty Cumberland vd ^No,DecedemLroedwemm 16 Fame!'S Name (First, meddle, last, sufllx) John Stolarz Actual Limits of 19 MOlher's Name(Flrst, midtlle, maiden wrnamel Ciry/Boro --- ' Theda May Cully 20a. Inlortnanl s Name (Type I Print) Lynn A. Kopnisky zoo mwrmarnsMaumgAddree:(street Ciry/worn slate zlptptle) 21 M h 1628 Churchill Road Harrisburg PA 17111 rppet~~ od oI Disp°5ition ^ Cremation ^ Donation e~~r ~Yf1 Burial ^ Removal from Stale r W , 21b Dele ol0isposilion (MOnm, tla ,year 21C Place ol0isposilan (Name al tamale to y ) ry, creme ry or other peace) 21 tl. Location (City /town stale zi Cod a Cremation or Donation Autlwrizetl ^ timer- -: ebyMetlkelExaminerrcoronar? ^vae 10-5-2011 ^Nt Conestoga Memorial Park , , p e) _ S' Funetel Senior L (or pars s such) 22b enc. Twp. Lanc Co. PA a J . Ucenw Number 22c. Name and Address pl Fadliry 010895E Lanca t PA 1 The Groffs Family Funeral & Cremation Se s er 7603 rv 528 W or S cpmplele dams z3ec only wren teneryinq z3a r° Ina Deal n'~y knowledge, seam occuna physician is not available at lime of tleath to I ' d at m beta, gala and v~ate staled. (signawre and rile) ~ 23b. Lecens e Number ~ . . ange t. 23c [la,e S ned (M lh tl X cadlry cause 0l tlealh. ~ ~ L~.I~~ :. ~.'~•'~-_) t , ~v/~ 1~ 'Z \I ~ci l ~' . .g On , ey7, year) 24 tame of Daam Imms za-z6 mast b l d b l rl J lu-~( c~(-~ri~,~-~ e ~ ~ . e Comp ete y peraan zs. Dale Pmnoanwd Deatl IMOnm, eay, rear) z6 w who Pronounces Deam G I ~ M as caw Relapea Ip Metlical Exam C~ C.1~~ la-E I~ ~ , 2 C ~ ~ ^ vas ^ Na ener / cworer for a Raaw, timer roan cremation or oonarpn? Item 27. Pan I'. Enter the chain I I tl CAUSE OF DEATH (Sea I cauruelions antl aaamples) r Approi male Interval' Pett It Enter other 5p T I °nd~ p _~, c 1 huh j ies, or camp) etw ~ mat tllreGty sad mre Beam. W NOT enter term nal events such Mi tf~ ~h 28. Did Tobacco Uw CanMbNe to Deam? as ca ac arrest, Onset la Deam but tort result ng'n the underlying cause g rasp relory acre L w venincular libnllallon wilMul show ng the etiology. L'sl only ore rauw on each line. IMMEDIATE CAUSE IIFl l tli iven n Pan I. ^ yes ^ Pro na wase or tornmion rewhirg .n OBalh) _~ ' l ~ ~Y ^ No Unknown ' ~ r 3. Due to fora ~ J I) Sequ mially tat mndtions, it any, b. sL. ~ G~ ~~ .~i I. 1 29- II Fyeryale. ~J Nol pregnani whin past year kfaderg to the Cauca listed on line a. 7 E t m N D ^ Pre3nanl at rme of tle9m n er e U ue la fora'~` DERLYING CAUSE (daease w injury mat enaieled the i ~~ °0 a~ ^ Nol pregnant, but pregnant wbhin 12 tlays c l l events resuling in Beam) LgST. of oealn Due io for as a consequence o0. d ^ N°I pregnant, oil pregnant 43 tlays l0 1 year 30a. Was an Aul tipsy 3(Ib. Were Auippsy Findings 31 Manner of Deam Pedomred? Available Prwr to Completeon I~ r 32a. Dale of Injury (MOnm. day, year) 3ffi. Describe How Inlury Oaurte0 belora tlealh ^ Unknown it pregnant wimin the past year 01 Cause of DeaIM u n'alurel ^ HomeGde 32c. Place of Injury'. Home, Farm Sireel, Factory, Cifice Bwlding, elt. (Spea'lyJ ~/ / ^ Yes Liz No ^ Yes U No ^ Accident ^ Pending Investigat'eon 32d. Tlme of Injury 32e. Iryury a1 Work? 321 II Transpodation Injury /SpacityJ 32g. Location of injury (Slreei, city / iow1 slag= ) Suintle ^ Coultl Not ba Delertnireetl M ^ Yes ^ No ^ Dnvarl Operator ^ Passenger ^ Petleslnan , . 33a. Gedifer (check only ore) ^ Ome r ~ Specity - - • Certeying physlcwn (PnysiGan tenitying cause of ceam when anomer physer3an has pronounced deem antl completed Item 23) T° the best of my knowktl0e death octurretl du i th 33b. SignaWre aM Tille~,ef nilierr- ~ ~. - - ~ a , e 0 e cause() s antl manner ae slaletl_________________________________ • Pronouncing and certifying physician (Physician bom pronouncng death and cedirying to cauw of Beam) To IM best of my krwwbtlge, tlealh occurretl at the lime, date, and pMce, end due to the taus ys) and manner as staled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ MeditalExamkrer/cororrer , \.---~ 33c. License Nkmib ( ~ ~ 33d. Date Si netl I In, tlay, year) I , D,% / ~ ~S~ ~- o pn the bee'. of enmloat on am r or m t g t on m my op don, Beam octarree m the ume, date end plate and ape to the tapae e d ^ 1 b t~• 3~ l I , ( ) an manner ae amlel 34. Name and Adtlress o Person Who Gompleletl Cauca of Deem (Ile 27) Type I Print -- . 35. Regrsrars SgretwE antl 3 36 0 FI (Month day, year) ~' I O (" ~ "4°'~~ ~ L ~ `~ ~ G'3/V J I ~' f'Pt CL'.i1F2/fiiyr LI r 7L1lf Diapasinon PertnrNa. 0626900 OATH OF SUBSCRIBING WITNESS(ES) ;s L-> - ~_ ~) { Sj ~ 7 u- -~-, t-- __.. `--- ~~ _.._ ,. - ,'-, _, - ~ .. ~.-~ o REGISTER OF WILLS y: ~ --~ CUMBERLAND COUNTY, PENNSYLVANIA Estate of Janet S. Althouse Robert K. Reitzel Deceased ( a subscribing witness to (Print Name/s) the ®Will Q Codicil(s) presented herewith, being duly qualified according to law, d.epose(s) and say(s) that ~ / he / was / ~ present and saw the above t /Testatrix. sign the same and that / he / ¢, signed the same and that / he / 4 signed as a witness at the request of the ~/ Testatrix in her / ~ presence and in the presence of each other. (Signature) (Street Address) ~~ ,~ ~ `. ,,i~ ~' ~ gnSl atureJ "T `~ (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills 2 ~ f) 'r9' ~ ~ ~,-\ ,~a v~ ~\ 1 (Street Address) (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this ~~'..5 ~ y da y of ~ C.~~ ~Cr ~~- ,! / . n c `_. / ~ ~, t~..~.~° a. ,~i c.~x~' 1,~~ I~~v~ Notary Public ~ !My Commission Expires: (Signature and Seal of Notary or other official qualit-led to administer oaths. Show date of expiration of Nol:ary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of ins~~E9MP~~lt~~ll~i~l Notarial Selai Form RW-03 rev. 10.13.06 Robin Lynn Bumhisel, NOtary PubUc Shippensburg Boro, Cun!beNand County MY Commission Expires May S, 2012 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA n !. =r <. .L C" i ,> ITa , -- :-L; Estate of Janet S. Althouse ~~ -., ;deceased ~, ~..,-=i - _~ ~~ ~ , Elyse E. Rogers , I a subscribing witness to `' (Print Name/s) the ®Will ~ Codicil(s) presented herewith, being duly qualified according to law, dlepose(s) and say(s) that she // was / present and saw the above /Testatrix sign the same and that she / ~?/ signed the same and that she /~/ signed as a witness at the request of the /Testatrix (Signature) in her / i presence and in the presence of each other. (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills (Signature) ~' ~ ~ ~ ~ (Street Address) y ~ ~- (City, ,State, Zip) Executed out of Register's Office Sworn to or affirmed and subscriibed before me this `~t l A~ day of ~~ , ~~ve ~ 1 r` -~ No~ry Public ' My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of ~ strument s at t~e~ ~aOt~S~za~wti -'- '-~ t FormRW-03 rev. 10.13.06 t ~~?1Qf + f0 1 ~ _ ~ C~ .~~i i4"~ ~Cri~1Ti~ '1 ~ !' - U , > ~~I°~ -., r._.__~_.__.__.....___.__~.._._,..... c~., I..- r? a~ ~~ _ - :. RENUNCIATION -~` ?~ ~ -~ :. ; T: r- -r f~'1 I '=_ ~ 7 __ . REGISTER OF WILLS ' ~ - - CUMBERLAND COUNTY, PENNSYLVANIA ~>~~~` ~'~~ °- , -. Estate of Janet S. Althouse, Deceased HERSHEY TRUST COMPANY, lri its capacity aS a named executor under the under the Last Will and Testament of the above Decedent, dated February 3, 2005, hereby renounces the right to administer the Estate of the Decedent and respectfully requests that Letters be issued. to the Decedent's children, namely L. Bruce Althouse, III and Lynn A. Kopnisky. Dated: Octob~ 2011 PHTRANS/ 1106082.1 HERSHEY TRUST COMPANY Name: David Lavery Title: Interim Chief Executive fficer 100 East Mansion Road Hershey, PA 17033 Executed out of Register's Office Notary My C Before the undersigned personally appe~lxed the party executing this renunciation and cehtified that he executed the renunciation fo the purposes stated within on this~~ii~ day of October, 2011. Jle~l~¢ ~Illlll ~Il'~~Il ~~~~~il][~c~llb~ r~ _.,. OF ~. ,~ JANET S. ALTHOUSE `_ ;, . ,~ I, JANET S. ALTHOUSE, of Silver Spring Township, Cumberla}~d County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM I: Family Information. I am a widow having been married to L. BRUCE ALTHOUSE, who is referred to as my "husband" in this Will. I have two children: L. BRUCE ALTHOUSE, III and LYNN A. KOPNISKY. These are described in this Will as "my children," or as "a child of mine." A,ny person born to or adopted by issue of mine is to be included as issue of mine. Provided, however, no adopted person shall benefit under this Will unless the order or decree of adoption is entered before the adopted person attains the age of twenty- one (21) years. ITEM II: Death Taxes. I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate, except that no taxes shall be charged against any gift qualifying for the marital or charitable deduction in my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. Page 1 r,, ITEM III: Debts and Final Expenses. I direct; the Executor to pay the expenses of my last illness, my legally enforceable debts, and my funeral expenses from the residue of my estate as an expense and cost of administration of my estate. I ITEM IV: Tangible Personal Propertv. i (a) Written List. I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property ~ as specified in the written list. If no written list is found in m j y safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequently i discovered list shall be ignored. ' (b) Propertv Not on List. I give my tangible personal property not set forth in a written list to my children, to be divided between them as they shall agree. Should there be no agreement, this j property shall be divided between my children by the Executor in as nearly equal portions as is deemed practical in the discretion of the Executor, having due regard to their personal preferences. ITEM V: Residue. I give the residue of my estate, not disposed of in the preceding portions of this Will, to my children, in equal shares. If I any of my children do not survive me, the share of my deceased child shall be paid to his or her then living issue, per stirpes. However, if any beneficiary has not i attained the age of thirty (30) years at the time of distribution, the share of the I beneficiary who has not attained that age shall be held by HERSHEY TRUST Page 2 -~_ COMPANY, as Trustee, IN TRUST, for his or her benefit in accordance with ITEM ~ VI. ITEM VI: Trust for Beneficiary Under Age of Thirty 130. In each Trust established for a beneficiary under the age of thirty (30) years (each the "Beneficiary" of his or her Trust): (a) Net Income. The Trustee shall pay to the Beneficiary in convenient, at least annual, installments so much of the net income as the Trustee, in the discretion of the Trustee, considers necessary for the proper support, maintenance, health care and education, including college or other post-secondary education, of the Beneficiary. Income not distributed shall be accumulated and added to principal. (b) Principal. The Trustee shall also pay to or for the benefit of the Beneficiary so much of the principal as the Trustee, in the discretion of the Trustee, considers necessary for the proper support, maintenance, health care and education, including college or other post-secondary education, of the Beneficiary. (c) Termination of Trust. Upon the attainment of the age of twenty-five (25) years by the Benefici ary, the Trustee shall pay to the Beneficiary one-half of the principal of his or her Trust. U on p the attainment of the age of thirty (30) years by the Beneficiary, the I Trust shall terminate and the Trustee shall pay to the Beneficiary the j remaining assets of the Trust. i Page 3 ~f; (d) Death before Termination. Should the Beneficiary die before final distribution of the assets of his or her Trust, the Trust shall terminate and the Trustee shall pay the assets of the Trust to the then living issue of the Beneficiary, per stirpes. However, if any issue has not attained the age of twenty-five (25) years at the time of distribution, the Trustee shall continue to hold the share for that issue as Custodian under the Pennsylvania Uniform Transfers to Minors Act for the benefit of that issue. (e) Trust Without Beneficiaries. If before final distribution of ~ the assets of any Trust established form y issue, there is no living beneficiary of that Trust, it shall terminate. The assets of the Trust shall be paid to the then living issue, on a per stirpital basis, of the ~ nearest deceased ancestor (with issue living at the time of~distribution) of the Beneficiary who is me or my issue. However, if there is then in existence any trust created under this Will for the benefit of that issue, i the share which would have been distributed to that issue shall be added to the principal of his or her trust, to be administered and distributed as provided in this Will. ' (~ Rule Against Perpetuities. Notwithstanding any I other provision of this Will, each Trust arising under this Will shall terminate no later than twenty (20) years after the death of the last to die of my issue living at the time of my death. Upon termination, they principal shall be distributed to the then income beneficiary of the Trust. ~; (g) Failure of Issue. In the event I am not survived ~ by any issue, or if there are no issue of mine surviving upon the Page 4 i `_. ,~ termination of any trust, the residue (or principal) shall be divided in two (2) equal parts. One part shall be paid to those persons who would then be entitled to my estate under the intestate laws of Pennsylvania then in effect as if I had died at that time intestate. One part shall be paid to those persons who would then be entitled to my husband's estate under the intestate laws of Pennsylvania then in effect as if my husband had died at that time intestate owning that part of my estate. ITEM VII: principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM VIII: Administrative Powers. In addition to the powers granted at law, the Executor and the Trustee shall each possess the following powers, each of which shall be construed broadly and may be exercised without court approval, but in a fiduciary capacity only: (a) my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) Varv Investments. To vary investments, to make loans, and to invest in bonds, stocks, notes, real estate mortgages or other Retain Investments. To retain any investments I have at Spendthrift Clause. No part of the :income or Page 5 ~` '~,~ L- securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) Division of Assets. In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee ax•e each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. , (d) Sell Assets. To sell either at public or private sale real I and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the I purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make ~, inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, i j options or other writings as necessary or convenient to any of the I power conferred upon the Executor and Trustee. (e) Encumber Real Estate. To mortgage real estate, and to make leases of real estate. Page 6 y (f) Borrow Monev. To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or o:f my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. (g) Pav Costs. To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) Distributions without Court Order. To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) Vote Stock. To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise al.l the powers incident to the ownership of stock. (J) Reor anize. To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my j estate. (k) Disclaim. To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person Page 7 i ~~- entitled to take by intestacy, as a donee of an inter vivos transfer, a.nd as a donee under athird-party beneficiary contract. (1) Tax Returns. To prepare, execute and file tax returns of any type required by applicable law, including but not limited to filing a joint tax return with my surviving spouse, and to make all tax elections authorized by law. (IU) Employ Advisors. To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) Divide Trusts. To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (o) Allocate Expenses. To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the ~ effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) Adiust Basis. To make any adjustment to basis authorized by law, including, but not limited to increasing the basis of Page 8 li r' \ ~~ any property included in my estate, whether or not passing under this Will, by allocating any amount by which the bases of assets may be increased. The Executor shall be under no duty and shall not be required to allocate basis increase exclusively, primarily, or at all to assets which pass as part of my probate estate as opposed to other property for which a basis adjustment is allowable. The Executor shall allocate basis increase equitably among those beneficiaries receiving; property as a result of my death, but shall not be liable to any person, nor subject to removal or surcharge, for any reasonable allocation of basis increase. (q) Compromise Claims. To compromise claims. (r) Terminate Trust. To terminate any trust, if in the opinion of the Trustee, the expense of administration of the trust is not justified. Upon termination, the Trustee shall distribute the trust property to the person(s) then entitled to receive or have the benefit of the income therefrom. If there is more than one current income beneficiary, the Trustee shall distribute trust assets to the income ! beneficiaries in the proportion in which they receive income, or if no proportion is designated, in equal shares to the income benefi ' curies. This power may only be exercised by a Trustee who is an independent Trustee, and this power shall be ineffective to the extent that the effect of the power is to vest in any Trustee or beneficiary a general power of appointment. (s) Othe_ r Acts. To do all other a cts in his or her judgment necessary or desirable for the proper and advantageous management, i Page 9 ', ,~ ,y ~~_ .~- investment and distribution of the estate and Trusts established under this Will. ITEM IX: Accounting. The Trustee, on an annual basis, shall provide each income beneficiary who has attained the age of eighteen (18) years, and the Guardian of the person of any income beneficiary who ]has not attained the age of eighteen (18) years, statements showing transactions of each Trust established for the benefit of that beneficiary. The beneficiary, or th.e Guardian of the person of such beneficiary, may waive this right to receive an annual accounting. The Trustee may, at any time, settle any account, or questions concerning the administration of any Trust established under this Will, by agreement with the then current income beneficiaries of the Trust, if legally competent, or if not legally competent, with the Guardian of the person of the beneficiary, the legally competent spouse of the beneficiary, or th;e oldest legally competent relative of the beneficiary who would take a portion of the estate of the beneficiary were the beneficiary to die at that time intestate under the laws of the Commonwealth of Pennsylvania. Any settlement made in accordance with this Item shall bind all persons who have an interest in the Trust, and shall constitute a release and discharge of the Trustee with respect to transactions specified in the settlement. ITEM X: Distributions to or for Beneficiaries. The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) To Beneficiarv. Directly to the beneficiary; Page 10 J'''~ .. ~ (b) To Guardian or Conservator. To the le al uardi I g g an or I~ conservator of such beneficiary; (c) To Custodian. To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty- five (25) years; ' (d) To Relative. To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or I I j (e) Direct Application. By directly applying distributions for the benefit of the beneficiary. I ~ , ITEM XI: Merger of Trusts. Should my deceased ~ - husband, L. BRUCE ALTHOUSE, by Will or Agreement of Trust, have estaiblished Trust s similar to the Trusts I have established for the benefit of my issue, the Trustee of each Trust created in this Will shall have the ri ht to g merge it with the similar Trust created by my husband for the same beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust. ~ ITE_; Survival. Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. i Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. . . Page 11 ~` . i ~ j.~ ~; ITEM XIII: Trust Situs. The initial situs of each Trust created under this Will shall be the county where I am domiciled at the time of my death. The Trustee may determine, from time to time, to change the situs of any Trust established under this Will. However, no change in situs shall be effective until written notice is provided to the living beneficiaries of the Trust. ITE__ M XIV; Executors and Trustees. I make the following provisions with respect to Executors and Trustees: (a) Initial Executor and Trustee. I appoint HERSHEY TRUST COMPANY to be the Executor and Trustee. ~ (b) Acceptance of Office. A Trustee shall be deemed to have accepted the office of Trustee as to Trust property only to the extent it accepts that property by written instrument delivered to the Executor. Should a Trustee refuse to accept property, the Executor shall have 1:he I power to select another person to serve as Trustee, or to divide any Trust created by this Will so as to permit one person (or persons) to serve as Trustee with respect to some Trust property and another i person (or persons) to serve as Trustee with respect to other Trust property. (c) Resignation. Any Trustee may resign upon ninety (90) dasw~ y ritten notice t o the then income . beneficiary and each adult sul juris remainder beneficiary of the Trust; provided, however, that the resignation shall not become effective until and unless at least one person is then serving as Trustee of the affected Trust. (d) Responsibility. No Trustee shall be responsible for the acts or omissions of any other Trustee. i t.i~ (d) Responsibility. No Trustee shall be responsible for the acts or omissions of any other Trustee. (e) Dutv to Investigate. In the absence of actual knowledge of a breach of trust, or information concerning a possible breach of trust that would cause a reasonable person to inquire, a successor Trustee is under no duty to examine the accounts and records of anv predecessor Trustee, or to inquire into the acts or omissions of such predecessor, is not liable for any failure to seek redress for any act or omission of such predecessor, shall have responsibility only for property which is actually delivered to the Trustee by such predecessor and shall have all of the powers conferred upon a Trustee hereunder. (~ Compensation. The Executor and Trustee shall have the j right to receive reasonable compensation for services rendere d and reimbursement for reasonable expenses. i ~I (g) Standard of Care. The Trustee shall not be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. This shall specifically include decisions of the Trustee with respect to discretionary distributions of income and/or principal to any beneficiary. i ~' (h) Sec_ urity. The Executor and Trustee are specifically relieved from the duty of filing bond or entering security. Page 13 ~~ ~ ! ,LL~~~; /,,' J_` IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding thirteen (13) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~ day of .~ ~~;y.?., t~,.,~ , 20~' ''~ . ~. ,~_ ~~ ~, _Y~ _~, ~'- (STEAL) NET S. AL OUSE We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. ~~~, '' ,/~' _ `~ ~ SEAL ( )Residing at L° ~ ,~ ~., ~. ,. ~' w, 4 t! ~' - ~ - /, ~`~~~ ~ * ,~~::~ ~ ~ ~ ~ SEAL) at "~' ~- ` ~~ti ~ ( Residing v.~'ti"4~ ~ ,'~ ~ ~ ,_ ..; ~~r < -t'. ~ ~n.~~~- f' __ , ; ~: ~~ , .. _ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) SS: C~ ~ ~ ) I, JANET S. ALTHOUSE, Testatrix, whose name is signed toy the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and I ~ Testament; that I signed it willingly; and that I signed it as my free and voluntar Y act for the purposes therein expressed. I 1 ,` i~ ,.;~ ~ ~ ~.:J~ANT .:`? , (SEAL) ET S. AL OUSE Sworn to and subscribed before me this 3 day of ~-~ r..~ , 20 ~. `~ ` ~ Notary P li My Commission Expires: (SEAL) Sota arr Seal Elyse E. Rogers, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Apr. 5, 2po5 i Ntember, Pennsylvania Association of Notaria9 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) SS: We, and 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 pre~;ent and saw Testatrix, JANET S. ALTHOUSE, sign and execute the instrument a:~ her Last Will and Testament; that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ' Witness Witness Sworn to and subscribed before me this day of 20 I Notary Public My Commission Expires: (SEAL)