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HomeMy WebLinkAbout07-03-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: HAROLD A. GOLLE a/k/a: a/k/a: a/k/a: Date of Death: June 25, 2012 File No: ' ~ ~ :~ ~-~ ~ ~ ~_ (Assigned by Register) Social Security No: 148-20-1689 Age at death: 84 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 855 Crandon Court, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Harrisburg Hospital, Harrisburg, Dauphin County, Pennsylvania Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ 1,000,000.00 If not domiciled in Pennsylvania ........................Personal property in Pennsylvania $ If not domiciled in Pennsylvania . ....................... Personal property in County $ Value of real estate in Pennsy[vania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 1 000 000.00 Real estate in Pennsylvania situated at: (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated March 15, 2005 and Codicil(s) thereto dated n/a l~~r~thy M_ Gnlle renrnmced her right to serve in a rennnciatinn filed with this PPtltlnn State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ~ EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) c. t. a., d. b. n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ~ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (ifany) and heirs (attach additional sheets, if necessary): Name Relationshi Address C7 C Cj ev -n C ~~; Z ~ ~ . C.J ) C7 C:; a• ...d --~ D ~~ ^-i "D `i i --c~ W ~_~ fT t ~? ~./~ ~ Cti^. --r7 Form RW-02 rev. l0/l1/2011 PagO 1 Of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: } COUNTY OF Offici~l Usc Only ~~,,,1 ti _, ,t , , ~ ~, ~ -,;-. ~e~ ,.,~~. ~~ J , I. t.~.~~! r~!~Z '~ v Petitioner(s) Printed Name Petitioner(s) Printed Address James K. Golle ,,~ ,. 661 Hunters Lane Lewisbe PA 17339 ~ un~~~~r.~v~ co. ~ The Petitioner(s) above-named swear(s) or arm(s) 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 Deced nt, the Petitioner(s) will well an truly administer the estate according to law. Sworn to or affirr~ied and subscribed before ~• Date -Z Z ~ Z me this ~ day oil ~ , ~„O t z-- Date By: ~, y~ Date Fo he Register Date BOND Required: ®YES ~ NO FEES: 660.00 Letters ...................... $ (5 )Short Certificate(s)...... 20.00 (1 )Renunciation(s)......... 5 ,1~ ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other Will •••••••• 1.5.00 Automation Fee ............... JCS Fee ..................... TOTAL ..................... $ • ~ ~(~ To tine Register of Wills: Please e~t~r my appearance~y~ny signature below: Attor~ey~Kignature: Printited Name: RICHARD V~. STEVENSON, ESQ. Supreme Court ID Number: 7120 Firm Name: Address: Phone: Fax: Email: MCNEES WALLACE & NURICK LLC 100 PINE STREET PO BOX 1 166 HARRISBURG, PA 17108-1166 717.237.5208 717.260.1749 RSTFVF.NSnNnMWN C'(1M DECREE OF THE REGISTER -- Estate of HAROLD A. GOLLE File No: '~~ ~ ~ ~ ~` ' ~~ a/k/a: /, ~ ~ / AND NOW, ~,~.~ ~~~ ~~~ 1 E~ , in consideration of the foregoing Petition, satisfactory proof having be~:n presented before me, IT IS DECREED that Letters Testamentary are hereby granted to James K Golle in the above estate and (if applicable) that the instrument(s) dated March 15, 2005 described in the Petition be admitted to probate and filed of rector/d~as th,/e last Will (and Codicil(s)) of Decedent. Register of Wills ~ ~- '~`~ iii;` ("((~%(~(•- ~w k r :! is ~7 Form Rw oz rev. ioi~uzo~t Page 2 0~2 = LAST WILL AND TESTAMENT OF HAROLD A. GOLLE I, HAROLD A. GOLLE, of Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE TANGIBLE PERSONAL PROPERTY §1.1. I bequeath all my tangible personal property, including by way of illustration but not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, to My Wife, DOROTHY M. GOLLE ("My Wife"), if she survives me. If My Wife does not survive me, I bequeath such assets to my children, JAMES K. GOLLE and BARBARA GOLLE FLEMING, living at my death to be divided between them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among my children, they shall take alternate turns selecting individual items with my oldest child making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. §1.2. 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. §1.3. I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an r_ , c~ administrative expense of my estate. ~ ~ tie ~'' ~-, ~ ~, :;. W r ~- ~ . ` -~ c> ~ ~ d : 1 L~7 - . .~' ~ ARTICLE TWO GST EXEMPT TRUST §2.1. I devise and bequeath to my Trustee, herein named, an amount, if any, to be held, administered and disposed of in accordance with the provisions of this Article Two equal to the lesser of (i) ten percent (10%) of my taxable estate as finally determined for Federal estate tax purposes, and (ii) my then unused GST exemption amount allowed under §2631(a) of the Internal Revenue Code. Such sum shall be composed of cash, or of property in kind, or partly of cash and partly of property in kind, and shall be valued as of the date of distribution. If My Wife survives me, my Executor shall have the right to elect on the federal estate tax return prepared on behalf of my estate to have a portion or all of the property distributed pursuant to this Article Two treated as qualified terminable interest property in order to qualify such portion or all of the property for the marital deduction for federal estate tax purposes, which election shall be binding and conclusive upon the Trustee. If my Executor elects to have a portion or all of such assets so qualify, such elected assets may, at the discretion of the Trustee and so long as the election to qualify such assets for the federal estate tax marital deduction is not jeopardized, be held and administered by the Trustee as a separate trust estate with the balance, if any, of the assets which are governed by this Article Two also held and administered as a separate trust estate or may be held and maintained by the Trustee with the non-elected assets as one trust estate. In either case, any such trust or trusts shall be held, administered and disposed of in accordance with the following provisions of this Article Two: §2.1.1. The Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and, during the life of My Wife, the Trustee shall distribute the net income in quarter-annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit of My Wife. §2.1.2. The Trustee may also distribute to or for the benefit of My Wife, so much of the principal of the trust property as the Trustee shall from time to time deem necessary or proper to adequately provide for My Wife's health, -2- maintenance and support, taking into account other available funds, including her assets; provided, however, no such distribution shall be made until all assets held in the QTIP Marital Trust created by Article Three of this Will are first expended or exhausted. §2.1.3. Upon the death of My Wife if she survives me, the Trustee shall pay any accrued or undistributed income to My Wife's personal representative, and the Trustee shall then distribute the balance of the trust property among a class consisting of my issue and organizations then described in Section 2055(a) of the Internal Revenue Code of 1986, as amended (or successor provision) ("IRC"), in such proportions, outright or in trust, as My Wife may appoint in her Will by making specific reference to this limited power of appointment, and if My Wife fails to effectively exercise (or fully exercise) such power, or if she does not survive me, then at my death, the balance of the trust property not so appointed shall be distributed to the Trustee of the Golle Dynasty Trust II dated April 21, 1995, as amended, established by myself and DOROTHY M. GOLLE to be held, administered and distributed in accordance with the provisions thereof. ARTICLE THREE SPOUSAL TRUST(S) §3.1. I devise and bequeath to my Trustee, herein named, all of the rest, residue and remainder of my estate to be held, administered and disposed of, in accordance with the following provisions of this Article Three: §3.1.1. The Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter-annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit of My Wife. §3.1.2. The Trustee may also distribute to or for the benefit of My Wife so much of the principal of the trust property as the Trustee, shall from time to time deem necessary or proper for My Wife's health, maintenance and support, taking into account other available funds, including her individual assets. §3.1.3. Upon the death of My Wife, or upon my death if she has not survived me, §3.1.3.1. If My Wife has survived me, the Trustee shall pay any accrued or undistributed net income to My Wife's personal representative and shall also pay to My Wife's personal representative or directly to the taxing authority, from the principal of the trust property from the QTIP Marital Trust as may be created out of this trust as defined in Section 6.2.14 (if any), so much as her -3- personal representative certifies as being the additional amount of estate taxes, inheritances taxes, transfer taxes and other taxes of a similar nature, and all interest and penalties with respect to any such taxes, attributable to the inclusion, if any, of the value of the "QTIP Marital Trust", if any, and the trust established by Article Two hereof (the "GST Exempt Marital Trust") in My Wife's estate for such tax purposes; and §3.1.3.1.1. The Trustee shall then distribute the balance of the trust property among a class consisting of my issue and organizations then described in Section 2055(a) of the IRC, in such proportions, outright or in trust, as My Wife may appoint in her last Will by making specific reference to this limited power of appointment. If My Wife shall not effectively exercise (or fully exercise) such limited power of appointment, the property not so appointed then held shall be distributed per stirpes to my issue, with the share of any issue who has not then attained the age of forty (40) being held in trust for the benefit of such beneficiary in accordance with the provisions of Article Four hereof (the "Trust for Beneficiary under 40 Years of Age"). §3.1.3.2. If My Wife has not survived me, the Trustee shall pay an amount equal to ten percent (10%) of my taxable estate as finally determined in my Federal estate tax proceeding to the Fidelity Charitable Gift Fund - Golle Charitable Trust, Account #17881, if then in existence and described in IRC Section 2055(a), and if not, then to such organization(s) then so described as selected by my Executor, and the balance shall be distributed per stirpes to my issue, with the share of any issue who has not then attained the age of forty (40) being held in trust for the benefit of such beneficiary in accordance with the provisions of Article Four hereof (the "Trust for Beneficiary under 40 Years of Age"). ARTICLE FOUR TRUST FOR BENEFICIARY UNDER 40 YEARS OF AGE §4.1. Except as otherwise may be provided in this Will, if any beneficiary is entitled to receive a mandatory distribution of property from my estate or from any trust created by this Will and is under forty (40) years of age, I devise and bequeath such property to my Trustee, herein named, or I direct that such property be held by my Trustee in continued trust, as the -4- case may be, for the benefit of such beneficiary, in trust, in accordance with the following provisions of this Article Four: §4.1.1. While the beneficiary of the trust (the "Beneficiary") is under twenty-one (21) years of age, the Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and 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 trust property as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. §4.1.2. After the Beneficiary attains twenty-one (21) years of age, the Trustee shall continue to hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter-annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit of the Beneficiary. §4.1.3. In addition to the foregoing, after the Beneficiary attains twenty- one (21) years of age, the Trustee may distribute to or for the benefit of the Beneficiary so much of the principal of the trust property as the Trustee, in the Trustee's discretion, shall from time to time deem necessary or proper for such 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 his or her reasonable wedding expenses, in the purchase of a principal residence and in the establishment of a profession or of a business considered a good risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. §4.1.4. At any time after the Beneficiary attains forty (40) years of age, the Beneficiary may withdraw any or all of the principal of his or her trust. §4.1.5. If the Beneficiary dies before the complete termination of his or her trust, the Trustee shall distribute the property then held in trust for the Beneficiary to such persons or entities (including the Beneficiary's estate), in such amounts and upon such trusts, terms and conditions as the Beneficiary by his or her last Will may appoint by specific reference to this general power of appointment. Any property not so appointed shall be distributed to the Beneficiary's issue then living, per stirpes, or if none, for the issue then living of the parent of the Beneficiary who was a descendant of mine, per stirpes, or if none, for my issue then living, per stirpes, and, in all circumstances, subject to being held in continued trust for the benefit of such beneficiary in accordance with the provisions of this Article Four. §4.1.6. Notwithstanding contrary provisions in subparagraph 4.1.5. above, if upon the death of the Beneficiary there is property held in his/her trust or in a -5- non-exempt trust portion thereof, and if in the absence of the following power of appointment there would be a taxable termination with respect to such trust or portion as defined in IRC Section 2612, the Beneficiary shall have the power by will containing a specific reference to this power of appointment to appoint any part or all of such property outright to any one or more of his/her creditors and the creditors of his/her estate. Upon his/her death, to the extent he/she fails to exercise effectively such power of appointment, the Trustee shall pay to his/her estate or to the tax authorities an amount equal to any increase in estate, inheritance and other death taxes, and interest and penalties thereon, payable because of the inclusion of the unappointed principal in his/her estate for tax purposes. The remaining unappointed principal shall be distributed in accordance with the terms of the trust. ARTICLE FIVE APPOINTMENT OF FIDUCIARIES §5.1. I appoint My Wife as Executrix of this Will. If she should be unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my son, JAMES K. GOLLE, as successor Executor and if he should be unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my daughter, BARBARA GOLLE FLEMING, as successor Executrix. All references herein to the "Executor" shall mean my original Executrix and any successor Executor or Executrix. §5.2. I appoint My Wife and my son, JAMES K. GOLLE, as Co-Trustees of any trust created by this Will. If My Wife should be unwilling or unable to act or continue to act, for any reason whatsoever, my son, JAMES, shall act or continue to act as sole Trustee. If my son, JAMES, should be unwilling or unable to act or continue to act, for any reason whatsoever, my daughter, BARBARA GOLLE FLEMING, shall serve in his place. Any Trustee serving hereunder may resign at any time, for any reason whatsoever, without court approval. If at any time hereunder there is no Trustee available and qualified to serve, the then income beneficiaries of all trusts hereunder (or their natural or legal guardians) shall immediately appoint, by majority rule, a corporate Trustee. -6- §5.3. Any corporate Trustee shall be a banking corporation with fiduciary powers. The then income beneficiaries of all trusts hereunder (or their natural or legal guardians) shall have power by majority vote to remove the then corporate Trustee from time to time for any reason; provided, however, that such income beneficiaries (or their natural or legal guardians) by majority vote shall immediately appoint and have qualified a successor corporate Trustee. §5.4. I appoint the Trustee then serving hereunder as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE SIX POWERS OF FIDUCIARIES §6.1. No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §6.2. Any such fiduciary shall have the following powers, in addition to those given by law: §6.2.1. To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; provided, however, if any property that forms a part of the principal of the trusts established by Articles Two and Three of this Will is unproductive, My Wife may at any time and from time to time by a written notice require the Trustee of said trust(s) holding such unproductive property either to make any or all of such property productive or to convert such property within a reasonable time after the Trustee receives such notice; -7- §6.2.2. To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §6.2.3. To borrow money from any person, including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §6.2.4. 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; claims; §6.2.5. To engage in litigation and compromise, arbitrate or abandon §6.2.6. To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen; §6.2.7. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; §6.2.8. To make elections, decisions, concessions and settlements in connection with 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; §6.2.9. To join with My Wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent, for federal gift tax purposes, to having gifts made by My Wife during my lifetime treated as having been made half by me; §6.2.10. To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code ("My GST Exemption"), 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. Any such election or allocation shall be binding upon the Trustee and any beneficiary of any trust created hereunder. The Trustee is directed to divide any trust created under this Will into two (2) or more separate trusts, if necessary, to segregate the portion or portions of the trust or trusts created hereunder over which My GST Exemption has been allocated from the portion or portions of the trust or trusts created hereunder over which My GST Exemption has not been allocated; provided, however, that any such -8- separated trusts shall be held, administered and disposed of in accordance with the terms hereunder as identical trusts in all other respects; §6.2.11. 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; §6.2.12. To merge, after the death of My Wife, any trust created hereunder with any other trust or trusts created by me or My Wife, under will or deed, if the terms of any such trust are substantially similar and are held for the primary benefit of the same persons, and if such merger shall not cause any adverse income, estate or generation skipping transfer tax consequence; §6.2.13. Following the death of My Wife, 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 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. The receipts and releases of the distributees will terminate absolutely 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 §6.2.14. To file the appropriate election in accordance with Section 2056(b)(7)(B)(v) of the Internal Revenue Code to designate whatever portion(s) of the trust(s) established in Articles Two and Three of this Will that the Executor, in the Executor's sole discretion, determines should qualify for the marital deduction. In making this determination, the Executor is directed to consider the present and projected financial requirements of My Wife, the expected period of survivorship of My Wife and the assets that have passed to My Wife other than under the provisions of this Will. If the Executor does not make an election pursuant to Internal Revenue Code Section 2056(b)(7)(B)(v) with respect to all of the assets held in trust under either Article Two or Three hereof, the respective trust estates thereunder may be divided into separate trusts pursuant to the terms of the election and such division shall be based upon the fair market value of the assets comprising the respective trusts at the time of the division. If my Executor elects to qualify only a portion or all of the trust established in Article Three for the marital deduction, that portion shall be the QTIP Marital Trust and the balance (or all if no such election is made) for which no election is made shall be the Residue Trust. -9- ARTICLE SEVEN PROVISION FOR TAXES §7.1. 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 (solely for the purposes of this Article, "Death Taxes"), and any penalties thereon, shall be paid by the Executor out of the principal of the property, if any, disclaimed by My Wife, and, if none or to the extent that such disclaimed property is insufficient, from the principal of that portion of my estate disposed of by Article Three of this Will for which no QTIP election is made (i.e., the Residue Trust). All interest with respect to such Death Taxes and penalties shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such Death Taxes, penalties or interest. Notwithstanding any provision of this Article to the contrary, the Executor shall not pay any such Death 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. ARTICLE EIGHT PROVISION FOR DEBTS AND EXPENSES §8.1. 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 (solely for the purposes of this Article, "Debts and Expenses"), shall be paid out of the principal of the property, if any, disclaimed by My Wife and, if none or to the extent that such disclaimed property is insufficient, from the principal of that portion of my estate disposed of by Article Three of this Will. -10- ARTICLE NINE MISCELLANEOUS PROVISIONS §9.1. As used in this Will, the term "Internal Revenue Code" or "IRC" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. §9.2. If My Wife and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if My Wife had survived me. If any person, other than My Wife, and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. §9.3. Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a person who is then a Trustee of such trust, such person may not participate in any way in the decision whether to make such distribution. No Trustee who is under a legal obligation to support a beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the Trustee of that trust to distribute net income or principal in discharge of that legal obligation. Furthermore, no Trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. §9.4. Whenever the Trustee is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five (25) 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 -11- 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 to the guardian of such beneficiary's estate, 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 (b) 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. §9.5. 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 any 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. §g.6. A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. -12- §9.7. Notwithstanding any other provision of this Will, upon the expiration of twenty-one (21) years after the death of the last survivor of My Wife and my issue living at my death, the trusts created by this Will shall forthwith terminate and the trust property shall be distributed 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of March, 2005. HAROLD A. GOLtE SEAL) Signed, sealed, published and declared by the above named HAROLD A. GOLLE as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses the day ar~d year last above written. G~ txluU~ ~J ~ Residing at ~~ ` ,- ,~~~`a~~.._~; ~.._ `tom ~ ~~~:~ ~~.~,~ ., Residing at ~ <<~~ ~;~~., ,~~~~., ..~ i a -13- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. We, HAROLD A. GOLLE, the testator, and Richard W. Stevenson and T c~ ~. C~,'~srti.a~ ,the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; 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 Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Richard W. Stevensdn ,, ~ ,~ , ,; Witness Subscribed, sworn to and acknowledged before me by HAROLD A. GOLLE, the testator, and subscribed and sworn to before me by Richard W. Stevenson and ~cuc'.a ~,. 1.~~~sv~.ar ,witnesses, this 15"' day of March, 2005. Nota Public (SEAL) _ r. _.,~~.~.~._NCT'AE~~,~L 3 ~Ai"_._, ~. w-r-a KAREN D. RAFFE~~-"Y ~~~~r~ ~~fac City ®6 H~rrisbaarg, iaA ~~,u+aar~ Caa~rrty ~ ~ C~rtt~~s~ic~t E~~~r~ ~ ~ ~, 2P~6 G~ -14- r•._'; RENUNCIATION O ° ~' f~J -~ ~ ` r f . G. ~ W . 1 REGISTER OF WILLS ~' _ _ CUMBERLAND COUNTY PENNSYLVANIA ~~ ~`' :._- , o Estate of Harold A. Golle I, Dorothy M. Golle (Print Name) surviving spouse Deceased in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to James K. Golle 1 _..~ (Date ` ' (Signauire) ~ . ,J 855 Grandon Court Executed in Register's Offtee Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Form RW-06 rev. !0.13.06 (Street Address) Mechanicsburg, PA 17050 (City, State, Zip) Executed out of Register's Offcce Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purpos~~es~~ stated within on this ~~ day Of ~nTC~I'll/il~_ , ~ 1 sZ,~' utary Public y Commission Expires: (~~~ ~ ~~ ~ ~ / 3 (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) COMHNONWEALTH OF PENNSYLVANIA Ndarlal Seal Linda M. Eshelman, Notary Pubtk City of Harrisburg, Dauphin County Ny ComnwssNn Explrgs Ott. 19, 2013