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Home My WebLink About08-08-12Reset 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: CHARLES W. TURNER a/k1a: a/lc/a: a/k/a: Date of Death: July 17, 2012 File No• ~~- //L -~~p~ (Assigned by Register) Social Security No: 516-09-6969 Age at death: 97 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 1059 Brandt Avenue, Lemoyne Cumberland County Pennsylvania 17043 Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 1059 Brandt Avenue, Lemoyne Cumberland County Pennsylvania 17043 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 $ i~alue of real estate in Pennsylvania ...................... ................................... $ 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 25, 2010 and Codicil(s) thereto dated June 15, 2011 and June 28, 2012 Jane C. Turner renrnmc .d h r ri ht to Sere in a r mm is inn fil d ~*~ith his n iti~n State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution ofthe 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 (if any) and heirs (attach additional sheets, if necessary): Name Relationshi ~....1 Address °~::~ ~ ~:7 ~- r~ `I C G'' ~ fi,f _ t,/; - -- ~4. {~ ..•a, V t~ D N L~ « , 4. ,: ~,.- f"l ' ' ~ j r l `~ ~ _~ Form RW-02 rev. l0/11/2011 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF } } SS: } Official Use Only ~... C'7 ~- C r~ ~~ ; { ._, , ._ ..t.J ,....,. .~ ~ i , `.~ Petitioner(s) Printed Name Petitioner(s) Printed Address t~;7 - '- -' '- Carol n T. Benedict 157 Chestnut St. PO Box 476 Mt. Wolf PA 17347 C~ ~~, -= Ann Turner 103 Ashford Wa ,Cam Hill, PA 17011 -o ~ ~~ ~'`~ ~ ~ ~~ The Petitioner(s) above-named swear(s) or affirm(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 Kepresentative(s) of the Decedent, the Petitioner(s) wi well and truly administer the estate according to law. i Sworn to or affirmed and subscribed before ~ Date ~ Z ~U Z me this n~ day of _ , ~lZ.,, Date BY~ ~ L~_ Date ` a1"~ 1 F r he Register Date BOND Required: ~ YES ~ NO FEES: Letters ..................... . ( ~ )Short Certificate(s)..... . ( ~ )Renunciation(s)........ . ( 2 )Codicil(s) ............ . ( )Affidavit(s)........... . Bond .. ...................... Commission ................. . Other ....... $ ~ `c~ c~ :~ , ~ , c~ C~ Automation Fee .............. . JCS Fee . ................... . TOTAL ..................... 5r v~ ., ~ .~ . ~~ $ 0.00 :~~Yu~c~ To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Bradle~J. Gunnison Supreme Court ID Number: 36524 Firm Name: McNees Wallace & Nurick LLC Address: 100 Pine Street Pn Box 1166 Harrisburg, PA 17108-1166 Phone: 717.237.5479 Fax: Email: hgi~nnicnn~mwn ~nm DECREE OF THE REGISTER Estate of CHARLES W. TURNER File No: ~ ~~ / ~ ~ a~ y a/k/a: AND NOW, _~ satisfactory proof having ~ L ~ Q j ' , in consideration of the foregoing Petition, presented before me, IT IS DECREED that Letters Testamentary _ are hereby granted to Carolyn T. Benedict and Ann Turner in the above estate and (if applicable) that the instrument(s) dated March 25, 2010, June 15, 2011, and June 28, 2012 described in the Petition be admitted to probate and filed of record s the last Will (and Codicil(s) of Decedent. - G~ ,~ Register of Wills Form RW-02 rev. 10/11/2011 Page 2 of 2 lilt ~)~ f,:S~:! i, ~~N ~:'(~rtif~~cati(~)~ N~)n~:i~t~r Type/Print In COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTH ~ VITAL RECORDS Pe=manent C'FRTIFI~'ATF r1C 1"1GATIJ Z~ D 2 V Z 1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number" ' v4. Date of Death (Mo/Day/Yr) (Spell Mo) Charles W. Turner Male 516 - 09 - 6969 July 17, 2012 Sa. Age-Last Birthday (Yrs) Sb. Under 1 Year Sc. Under 1 Da 6. Date of Birth (MO/D ay/Year) (Spell Month) 7a. Birthplace (City and S tate or Foreign Count ) Months Days Hours Minutes ry Manhattan, MT 97 October 9 , 1 914 7b. Birthplace (county) Gallatin 8a. Residence (State or Foreign Country) 86. Residence (Street and Number -Include Apt No.) Sc. Did Decedent Live in a Township? Penns lvania DYes decedent lived in 8d. Residence (County) 1059 Brandt Avenue , twp Cumberland Se. Residence (Zip Code) 1 7 043 ~NO, decedent Itved within limits of Lemoyne city/boro. 9. Fsver in US Armed Forces? 10. Marital Status at Time of Death ® Married 0 Widowed 11. Surviving Spouse's Name (If wife, give name prior to first marriage) ® Ves Q No ~ Unknown ~ Divorced ~ Never Married ~ Unknow Virginia Jane Chaffin 12. Father's Name (First, Middle, Las[, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Last) Harry Weeks Turner Mabel Edna Willard 14a. Informant's Name 146. Relationship to Decedent 14 c. Informant's Mailing Address (Street and Number, City, State, Zip Code) o Ann Turner Daughter 103 Ashford Way, Camp Hi11, PA 17011 ~i ,,,,,,,,,,,,,,, ,,,,,,,,,,,,, „_„-„-, -_. ....... ............. ...... ........................... 15a. Place of Death (Check only one) ........... . o P If Death Occurred in a Hospital: Q In anent . . ............................................-.........__.. P:..................... ... P.... .... ..Y ._ =1f Death Occurred Somewhere Other Than a Hos ital: ~ Hos ice Facilit ~ Decedent's Home Emer enc Room Out a[ient ~ g Y / p ~ Dead on Arr)val Q Nursing Home/Long-Term Care Facility ~ Other (Specify) . ~ 156. Facilit Name If not institution, Y ( give street and number; 15c. City or Town, State, and Zip Code 15 d. County of Death 1059 Brandt Avenue Lemoyne, PA 17043 Cumberland °O 16a. Method of Disposition ~ Burial ~ Cremation 166. Date of Disposition 16c. Place of Disposition (Name of cemetery, crematory, or other place) ~ Removal from State ~ Donation p Other (Specify) July 23, 2012 indiantown Gap National Cemetery 16d. Location of Disposition (City or Town, State, and Zip) 17a. Si~;i,"rrr-Qf n ral Service L censee or Person in Charge of Interment 17b. License Number Annville, PA 17003 ~`~- FD 012 848 L ~ 17c. Name and Complete Address of Funeral Facility °' Parthemore FH & CS Inc_ P_O_ Box 431 New Cumberland, PA 17070 ° 18. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the 20. Decedent's Race -Check ONE OR MORE races to indicate what ~ - highest degree or level of school completed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to be ~ 8th grade or less is Spanish/Hispanic/Latino. Check the "N O" . (~ White ~ Korean Q No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. ~ Black or African American Q Vietnamese 0 High school graduate or GED completed ® No, not Spanish/Hispanic/Latino ~ American Indian or Alaska Native ~ Other Asian ~ Some college credit, but no degree ~ Yes, Mexican, Mexican American, Chicano ~ Asian Indian ~ Native Hawaiian ~ Associate degree (e.g. AA, AS) Q Ves, Puerto Rican 0 Chinese ~ Guamanian or Cha morro Bachelor's degree (e.g. BA, AB, BS) Yes, Cuban 0 ~ Filipino ~ Samoan Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA) ~ Yes, other Spanish/Hispanic/Latino Q Japanese ~ Other Pacific Islander 0 Doctorate (e.g. PhD, EdD) or Professional degree (Specify) ~ Other (Specify) e. MD, DDS, DVM, LLB, JD 21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work Q White ~ Japanese ~ Samoan done during most of working life. DO NOT USE RETIRED. ~ Black or African American Korean Other Pacific Islander ~ American Indian or Alaska Native Q Vietnamese ~ Don't Know/Not Sure Owner/Operator Asian Indian Q Other Asian 0 Refused Chinese 0 Native Hawaiian ~ Other (Specify) 22b. Kind of Business/Industry Fill ino ~ p Q Guamanian or Chamorro Automotive ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (Mo/Day/Yr) 236. Signature of Person Pronouncing Deat (Only when app ' ble) 23c. License Number CERTIF EO DEATH PRONOUNCES OR ~ ~ ~ ~ ~ ` 1 `]~~ ~ ~ ~ ~ ~ 23 d. Date Sig ed (M Day/Yr) 2 ime of ath .~ • ~° - / ' ~ I -i ' ~~ ~ 25. Was Medical Examin r r Coroner Contacted? ~ Ves ~ No CAUSE OF DEATH A i pprox mate 26. Part 1. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest Interval: respiratory arrest, or ventricular fibrillation without showing the etiology. D O NOT ABBREVIATE. Enter only one cause on a line. Add additional lines if necessary Onset to Death ~ / IMMEDIATE CAUSE ---------------> a. ~~~-L"~>~7Q7~1I /F17~7Ea-r ~~~c (Final disease or condition Due to (or as nseq uence of): resulting in death) b. Seq ue ntialiy list conditions, Due to (or as a consequence of): if any, leading to the cause listed on line a. Enter the c. UNDERLYING CAUSE Due to (or as a consequence of): (disease or injury that Initiated the events resulting d. a= u in death) LAST. Due to (or as a consequence of). _ 0 26. Part 11. Enter other significant conditions contributin¢ to death but not resulting in the underlying cause given in Part I 27. Was an autopsy perfo ed? ~ ~ Yes No 28. Were autopsy findings available v .°-' to complete the ca u~s_e~f death? ~ Yes {?f N o a o 29. If Female: ~ Not pregnant within past year 30. Did Tobacco Use Contribute to Death? V 31. Ma ner of Death ~+ ~ Pregnant at time of death es Probabl 0 ~ Y Q No [~t?nknown Natural ~ Homicide ~ Accident ~ Pending Investigation m ~ Not pregnant, but pregnant within 42 days of death ~ Suicide ~ Could not be determined ~. 0 Not pregnant, but pregnant 43 days to 1 year before death 32. Date of In'ur 1 Y (Mo/Day/V r) (Spell Month) ~ Unknown if pregnant within the past year 33. Time of Injury 34. Place of Injury (e.g. home; construction site; farm; school) 35. Location of Injury (Street and Number, City, State, Zip Code) 36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred: 0 Yes ~ Driver/Operator 0 Pedestrian No ~ Passenger ~ Other (Specify) 39a. Ce iffier (Check only one): C rtif i h i e y ng p ysic an - To the best of my knowledge, death occurred due to the cause(s) and manner stated ~ Pronouncing g. 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 ~ Medical Examiner/Coroner - On the basis of examination, and/or investigation, in my opinion, death occurred at the time, date, and place, and due [o the cause(s) and manner stated Signature of certifier: ~- ~- ~-„y4 '~> Title of certifier- License Number: ~S ~..l7SrY "7 ~i ^L 39b. Name, Address and Zip Code of Person Completing Cause of Death (Item 26) 39c. Date Signed (Mo/Day/Yr) 40. egi5 's iStri e • ' 41. Registrar's i tore 42. Registrar File Date (Mo/Day/V r) ~ / _~ f ~ ~ ~ O / ~ O/ 43. Amendments - ~ Disposition Permit No. ~r7 ~d 5 -/ H105-143 REV 07/2011 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA C? 'C ~ ~? •-t-~ S f7 '- C~°° d ~ i, C ~ C._:~ D c.::: :~x z ,.o --, a ra.~-~ 2- ~~ v Estate of CHARLES W. TURNER 1, Jane C. Turner surviving spouse (Print Name) e..~ ~,, r~.3 ~~ :~7~n yr ~_t_~ . W ~ -r-j t' .Z--~ __7 i i '' ~'+ F _t.st .~ - ~ ~ i ~ ' _'" C 1 ., i---- . ~ ~.~ .~- 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 Carolyn T. Benedict and Ann Turner (Date) ~!~~>~~ ~~ ~ ~L~ (S g ature) 1059 Brandt Avenue (Street Address) Lemoyne, PA 17043 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Executed oul of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this ~ 3 day CaMMONlNE~~~~H OF ~'~i~~ Notarial seal ood, Notary Pub~lc Notary t U 11C Lemoyne Boro, Cumberland County M Commission Ex ~ X.~ommissi~n Expires )une 22, 2014 y a~: - ~~ayl~~iilA ~a~caFiatiQn ~ ~±9tarles (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 1 D.13.06 n ;~..~ ,. ~~... f"1 C.~,J ~] ~) ~~+ r~t~! ~ r ,--~ ~ ,, 11 ~._.~ :~ J - ~ CODICIL TO ~:~- ~ , : : _ r~ ~ , ~ ;:_ ~_ LAST WILL AND TESTAMENT OF ~"'G'~~~ ~ _ ~-`'r-/=~ CHARLES W. TURNER <~,~_ ---= ~- --. -:~ _~ .~, ~ ~ ~ ~'~ ~ ~`~~ I, CHARLES W. TURNER, of Cumberland County, Pennsylvania, make this Codicil to my Will dated March 25, 2010, and amended by Codicil dated June 15, 2011, which I hereby reaffirm, except as follows: 1. I hereby revoke Article Three of my said Will in its entirety and substitute the following new Article Three in its stead: ARTICLE THREE APPOINTMENT OF FIDUCIARIES § 3.1 I appoint JANE C. TURNER as Executor of this Will. If JANE C. TURNER is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint CAROLYN T. BENEDICT and ANN TURNER as successor Co-Executors. If either of them is unable or unwilling to act or continue to act for any reason whatsoever, the vacancy shall not be filled and the other then serving shall act or continue to act as sole Executrix. All references herein to the "Executor" shall mean my originally appointed Executrix or the successor Co-Executrices or sole Executrix, as the case may be. § 3.2 I appoint the then serving trustee of My Revocable Trust 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 preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. {A2922387:1 } IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of June, 2012. L%~ ~.J. ~c,vt~o~ (SEAL) CHARLES W. TURNER Signed, sealed, published and declared by the above named CHARLES W. TURNER, as and for a Codicil to 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 thereto the day and year last above written. ~~i ~~ t ~b Sb Residing at M~~l~b`x.°I Cc~,~-lam • ~-~ Resid i n at ~~t..c~,a.n~- ~~`7~D-tcl"n ~ (~ 01 9 t ~,; ~_ {A2922387:1 } -2- CODICIL TO LAST WILL AND TESTAMENT OF CHARLES W. TURNER n w._ 7 °: ~ ~ ~ .~;; -1~7 F^~ ~ `... _ i.w 1.1.1 ~_..,i ~ ~ ,.c.. LEI _ ~ C~C~ __ ~~ ( ~ f __ ~ ,-- ~~°- , ~ rv c~ ~ ~ ~~ I, CHARLES W. TURNER, of Cumberland County, Pennsylvania, make this Codicil to my Will dated March 25, 2010, which I hereby reaffirm, except as follows: 1. I hereby revoke Article Three of my said Will in its entirety and substitute the following new Article Three in its stead: ARTICLE THREE APPOINTMENT OF FIDUCIARIES § 3.1 I appoint JANE C. TURNER as Executor of this Will. If JANE C. TURNER is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint CAROLYN T. BENEDICT as successor Executrix. If CAROLYN T. BENEDICT is unable or unwilling to act or continue to act for any reason whatsoever, I appoint LEE C. TURNER as successor Executor. All references herein to the "Executor" shall mean my originally appointed Executrix or the successor Executrix or Executor, as the case may be. § 3.2 I appoint the then serving trustee of My Revocable Trust 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 preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. -~ IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,~S day of June, 2011. {A2431515:1 } ~~ ,,* CHARLES W. TURNER Signed, sealed, published and declared by the above named CHARLES W. TURNER, as and for a Codicil to 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 thereto the day and year last above written. • ~'`""~'" Residing at ,_. ~, ~~~->~ ~~ C C~--~ ~=-~~~ Residing at .t {A2431515:1 } Ihcrl~~icsb~r~ PA -- _. , ,,_ . . w.. ~ 1 ~ COMMONWEALTH OF PENNSYLVANIA ~~ccJP tt~ ~ ss: COUNTY OF We, CHARLES W. TURNER, the testator, and ~ ~~-~. J ~ ~'~^• r'n and r :Icf~ ,ri .- ~ ~' ~-;u(c (~" ,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 a Codicil to the testator's 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 Codicil as a witness and that to the best of his or her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. .. ~,' -f ~~.', a 'sue ~'I,f ~~ ,. CHARLES W. TURNER Witness ~-~ ,, ~ ` % - ; Witne~s r, Subscribed, sworn to and acknowledged before me by CHARLES W. TURNER, the testator, and subscribed and sworn to before me by ~ r~d~-~1 ~ . ~~cs~~ and r .J~'~ ~ p ~ ~ c: ~ ~-! ~ ,witnesses, this I'S ~ day of June 2011. . !-~ l~~' Notary Public (SEAL) COMMONW~-L'1 HH ~F I~NNSYLVANIA Notarial Seal Marianne H. Acri, Notary Public City of Harrisburg, Dauphin County My Commission Expires June 10, 2014 {A2431515:1 } - 3 - LAST WILL AND TESTAMENT OF CHARLES W. TURNER I, CHARLES W. TURNER, of Lemoyne, Cumberland, County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. I am presently married to JANE C. TURNER ("My Wife") and have four (4) living children, CAROLYN T. BENEDICT, ANN TURNER, RICHARD D. TURNER and LEE C. TURNER (collectively, "My Children"). 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, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is located or received by my Executor within sixty (60) days of being appointed as such, after a reasonable search for such memorandum, my Executor shall be held harmless for distributing such assets as hereafter provided. I bequeath any property not disposed of by such memorandum, or all of such property if no such memorandum is so located or received, to My Wife, if she survives me. If My Wife does not survive me; I bequeath all such property to My Children, living at my death, to be divided among 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,.,y t administrative expense of my estate. t7 ~~~ ~~ /= .+~J ' ,_ r Q ~.._ ~ c. ,_', ---s .~ .. ~y, t~.? ~.~ Q c~ L~ ARTICLE TWO RESIDUE § 2.1 I devise and bequeath all the rest, residue and remainder of my estate to the then serving trustee of "The Charles W. Turner Revocable Trust" as amended and restated under Agreement dated as of even date herewith, by myself, as Settlor, and myself, as Trustee, as the same may have been or may be further amended or restated prior to my death ("My Revocable Trust"), to be distributed in accordance with the terms of said trust agreement, or if said trust agreement is not in effect at the time of my death, in accordance with the terms specified therein on the date of this Will or of its last publication by Codicil or otherwise. ARTICLE THREE APPOINTMENT OF FIDUCIARIES § 3.1 I appoint JANE C. TURNER and HERSHEY TRUST COMPANY as co-Executors of this Will. If JANE C. TURNER is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint CAROLYN T. BENEDICT and LEE C. TURNER as co-Executors to act with HERSHEY TRUST COMPANY. If CAROLYN T. BENEDICT or LEE C. TURNER is unable or unwilling to act or continue to act for any reason whatsoever the remaining of them shall act as co-Executor with HERSHEY TRUST COMPANY. All references herein to the "Executor" shall mean my originally appointed Executors or the successor Executors, as the case may be. § 3.2 I appoint the then serving trustee of My Revocable Trust 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 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 preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. -2- ARTICLE FOUR POWERS OF FIDUCIARIES § 4.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 4.2 Any such fiduciary shall have, without restriction or qualification, all powers given by law, including without limitation those under the Pennsylvania Probate, Estates and Fiduciaries Code, in addition to the following powers: § 4.2.1 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. § 4.2.2 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. § 4.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. § 4.2.4 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. § 4.2.5 To engage in litigation and compromise, arbitrate or abandon claims. § 4.2.6 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. § 4.2.7 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. § 4.2.8 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. § 4.2.9 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment -3- of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. § 4.2.10 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code, 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. § 4.2.11 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. ARTICLE FIVE PROVISION FOR TAXES § 5.1 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, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will and allocated among beneficiaries in accordance with the provisions of My Revocable Trust. 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 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 taxes, penalties or interest, except as provided in My Revocable Trust. Notwithstanding any provision of this Article Five to the contrary, 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 that I possess but have not exercised or any qualified terminable interest property. ARTICLE SIX PROVISION FOR DEBTS AND EXPENSES § 6.1 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, shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. -4- ARTICLE SEVEN BUSINESS INTERESTS § 7.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest, a membership interest in a limited liability company or stock in a closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor, subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the Executor shall deem it advisable to sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the Executor to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any business interest that I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the Executor is encouraged to pursue such election if the Executor deems such election also to be in the best interests of my estate and the beneficiaries thereof. The Executor shall have all rights and powers in connection with such business as I had when living, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership or limited liability company, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the Executor deems it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the Executor. ARTICLE EIGHT MISCELLANEOUS PROVISIONS § 8.1 P,s 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. -5- § 8.2 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. § 8.3 Whenever a fiduciary 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 such fiduciary's sole discretion exercised in good faith), the fiduciary 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 fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches twenty-five (25) years of age, 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 fiduciary 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. § 8.4 An individual fiduciary shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. A corporate fiduciary shall be compensated by agreement with the individual fiduciary, or, in the absence of such agreement, in accordance with its fee schedule as in effect at the time of payment. I authorize a corporate fiduciary to charge additional fees for services it provides to my estate or a trust hereunder that are not comprised within its duties as fiduciary, for example, a fee charged by a mutual fund it administers in which my estate or a trust hereunder invests, or a fee for providing an appraisal, or a fee for providing corporate finance or investment banking services. I also recognize that a corporate fiduciary may charge separately for some services comprised within its duties as such fiduciary, for example a separate fee for investing cash balances or preparing tax returns. Such separate charges shall not be treated as -6- improper or excessive merely because they are added on to a basic fee in calculating total compensation for service as fiduciary. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 25th day of March, 2010. _ ~~~~"_<~/~(ir l /.~i~il~,L~ (SEAL) CHARLES W. TURNER Signed, sealed, published and declared by the above named CHARLES W. TURNER, 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 thereto the day and year last above written. ~~Y`~ Residin at l~ s~'~~°'d L''`am M'e-c~~~csbJ~ P~ g Residing at ~~~~n-~~ ~~ -~~- ~ ~. CS~-- -7- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. We, CHARLES W. TURNER, the testator, ~~ Z` ~~~'~ i '~'~~~(~t,;,~; ~ and '~~~~-~~ ~., ~tin~~~ ~~~ ,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. CHARLES W. TURNER ~-, Witness Witness Subscribed, sworn to and acknowledged before me by CHARLES W. TURNER, the testator, and subscribed and sworn to before me by zt'~, z. ~~.-~~ ~~ tit v ~ 1~,~,r ~ and ~~~ ~-;~ ~~ w~-n,i ~~1 ,the witnesses, this 25th day of March, 2010. ~"~~'1-,~-~-~,r.,-w..--- hI Ct~~.~~ Notary Public (SEAL) ~~+....~+.~d3ild4 'f~`4 Mtt-' ~ s.3~ ~®,.~d-,,,~t~o`:~'V~~~~.V~~ ~~®"~rial Sdal aria~~e H. a4cri, Notary Public ~~ ~f Harrisburg, Dauphin Cp~rny t ~ ~o~~?~csior~ Expires June 10 2 ,~.m,~ ~ rn.... - 010 -8- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: We, CHARLES W. TURNER, the testator, and ~Jn~~. fc,~., ~~r-~~'~ and J~ O• ~ c..~k-!c_ ,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 a Codicil to the testator's 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 Codicil as a witness and that to the best of his or her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. w, CHARLES W. TURNER Witness r~,,,, G~~.P-C.. Val'it E~ess ..~./ Subscribed, sworn to and acknowledged before me by CHARLES W. TURNER, the testator, and subscribed and sworn to before me by ~~ Jc lu, ~--~-f•n and ~ ~.. 0 . }~~.,,/c.~~ ,witnesses, this 28th day of June 2012. . ~ ~~' Notary Public (SEAL) :~.~a~d+"~C?~iWEALT?i OF PENNSYLVANYA Notarial Seal -_-- ~iarianne H. Acri, Notary Public i:ity ®s' iianisburg, Dauphin County ~~Y Commission Expires June 10, 203.4 {A2922387:1 } - 3 -