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HomeMy WebLinkAbout09-03-13 �D�� %�(�/• -/� 4 � � DECEDENT'S ESTATE COURT OF COMMON P'LEAS OF CUMBERLAND CC}UNTY, PENNS�LVANIA ORPHANS' COURT DIVISION ESTATE OF CAROLYN HOOVEI2 A/K/A , DECEASED c.�ozn� z. xoov� Na. 21-2012-008�3 �Y-� �, c� �; � rn C O �_°� C� �f7 :x,'� r',y 3` %� �..T.r �m _-� � —� � �-' `,'.a . .�7 � �" , ?���'d PETITTON FOR ADJUDICATION/ � � �� � =�� �'-� STATEMENT OF PROPQSED DISTRIBUTIO� � � :� ;`�K� .� PURSUANT T�Pa. O,C. Rule 6.9 ,M-� cl -�� °=3 - 1..3 {,`.� }---} ' '-� ;'1.7 ,'� I�+"� .. �...�..) ^..... �` � {„� �, � This form may be used in all cases involuing the Audit of the Account of a Decedertt's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent ta the adjudicatian. INCLUDE ATTACHMENTS AT THE SACK OF THIS FQRM: Narne of Counsel: Robert R. B(ack Supreme Court I.D.No.: 6267 Name of Law Firm: Landis& B1ack �����5�; 36 South Hanover Street, Carlisle, PA 17013 Telephone: (717) 243-372'7 Fax:�717) 243-9829 Fo„�oc-ar rev. �o.r.�.o6 Page 1 of 10 . w Estate of CAR4LYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased 1. Name{s}and address{es) of Petitioner{s}: �varae: Harvey E.Haover,Jr. Address: g�Atter Road Carliste,PA 17U15 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: none Is this the first accaunting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . �Yes �] No If nat, identify prior accountings, the accounting periods covered, and the date of adjudication ofthe prior accaunting, 2. Decedent died an Juty 25, 2(l12 � Letters Testamentary ar �Letters of Administration were granted ta Petitianer{s}on Au�ust 9, 2012 Date of Will �ifapplical�Ie�: Septem6er 2b, 2000 Date�s}of Cadicil{s} (if applieable); none Date af probate {'f different fram date Letters granted): �IA Was a bond required?�Yes �j No If yes, state amount: Are proofs af advertising of the grant of Letters attached? . . . . . . . . , �Yes �No Dates of advertising af the grant af Letters: ��ntinel - August 20, 2'7 & Sept. 3 2012 Cumber�and Law Journa] -August 24, 3l & Sept. 3, 2012 Form OC-01 rev./0.13.06 Page 2 of 10 . . Estate of CAROLYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No If yes, name of the surviving spouse: Harvey E. Hoover, Jr. 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . . . �Yes �No (See Section 2201 et s�. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children ('rf none, so state): N/A 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . �Yes � No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes � No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes � No Form OC-01 rev. /0.l3.06 Page 3 of 10 t \ Estate af CAROLYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased $. Written natice of the Audit as required by Pa. O.C. Ru1es 6.3, 6.7 and 6.8 has been or will be given ta all parties in interest listed in itern 9 below, all unpaid creditors and all claixnants listed in item 10 beic�w. In addition, notice of any questians requiring Adjudicatian as discussed in item 14 belaw has been or will be given ta all persons affected thereby. A. If Notice has been given, attach a capy of the Natice as well as a list of the names and addresses of the parties receiving such Notice. B, If Notice is yet to 6e given, a copy of the Notice as we�l as a Iist of the names and addresses ofthe parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is nat sui juris (e.g., minors or incapacitated persons},Natice of the Audit has been or wi11 be given to the appropriate representative on such party's behalfas required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved,Notice of the Audit has been or will also be given to the Attorney General as required under Pa, C}.C. Rule 5.5. In addition,the Attorney General's clearance certificate (ar proof of service of Notice and a copy of such Natice) must be submitted herewith ar at the Audit. 9. List all parties (charitable and non-charitable) of whorn Petitioner(s) has/have natice ar knowledge, having or claiming any interest in the estate as ber�eficia�ies under the Wili or Codicil(s)or as intestate heirs if there is a camplete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest{s); Name and.4ddress of Each Pdrsy in Interest � Relationship and Comments,irany � Interest See Natice Attached See copy of Wili attached Form�GO! rev.�0.13.06 Page 4 of 10 Estate of CAROLYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased Name and Address oJEach Parry rn Interesa � Relarionshrp and Comments,i/'any I /nterest B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth,the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. None C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). N/A D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. N/A Fo�,oc-o� rev. /0./3.06 Page 5 of 10 Estate of CAROLYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased l0. Other than the claim for the fami]y exerr�ption, list the names of atI known ctaimants and the amount oftheir claims and state whether each claitrr is admitted. IVame and Address of Each Claimant Amaunt of Ctaim Clarm t�'itl C�arm Adnrrtted? Be Paid!n Futl? Na�� �Yes �Yes QNo Q Na �Yes �Yes �No 0 No �Yes �Yes �No �No �Yes �Yes �No �No Ifthe estate is insoivent, attach a schedu�e setting forth the order ofpreference under 20 Pa.C.S. § 3392 and the propased payments. 11. Was family exemptian c�aimed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No �Vas family exemption atiowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes QNo Fami�y exemption claimant's name and retationship: Name: N�A Relationship: Form OC-Ol rev. !0.13.06 Page 6 of 10 . Estate of CAROLYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsy�vania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Paymenr Interest NOTlB 13. C}n the date of death,was the decedent a fiduciary (personal representative,trustee, guardian, agent under power af attorney} ar surety on the bond af a fiduciary? . . . . . . . . . . . . . . . . . . . �Yes �No If yes, provide the name of the estate, indicate whether ar� accaunt has been f ted and confirmed absolutely and atl awards performed, or, in the alternative, how the decedent's estate will 6e discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudicatiort and state the position af the Petitioner(s) as ta each question: None B. Has notice of the yuestian requiring adjudicatian been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . ❑Yes �No 1 S. If Petitioner{s}haslhave knawtedge that a share has been assigned, renaunced,disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, tagether with any relevant supporting documentation. Fo,�ac-oi rev. 10.13.116 Page 7 of 1� Estate of CAROLYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . � Yes �No If yes, attach a copy of the Order if available; otherwise state the Court,term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. See First and Final Account attached B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . ❑Yes 0 No 18. If a reserve is requested, state amount and purpose. Amouna: 21,000.00 Purp°Se: file accounting and releases; prepare estate income tax returns and pay IRS and Pennsylvania Estate Income Taxes If a reserve is i•equested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No If so, attacll a copy of the notice. 19. Is the Court bein<� asked to direct the filing of a Sef��dule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes ONo As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No . . . . . . . . . . . . . . . . Form OGOI rev. 10.13.06 Page 8 of 10 Estate of CAROLYN HOOVER A/K/A CAROLYN L. HOOVER , Deceased Wherefore, your Petitioner(s) ask(s)that distribution be awarded to the parties entitled and suggest(s)that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proporlion B. Principal: Proposed Disn iGu�,r!.�) AmoundProportion Submitted By: (All petitioners must sign. Add additional lines if necessary): f � �: ` �-s Na f P ' : Ha . Hoover, Jr. � Q� Name o Petitioner: Fo,m oc-oi rev. 10.13.06 Page 9 of 10 � Estate of CAROLYN 1-IOOVER A/K/A CAROLYN L. HOOVER , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigneci hereby verifies * �tI11t he/she is rirre of the above-named,:a��,e�f corporation and] that the facts set forth in the foregoing Peti�ion for Adjudication/ Statement of Proposed Distribution which are within the personal kno���ledge of the Petitioner are true, and as to facts based on the inforination of others,the Petitio�lc��. ;�t�ter diligent inquiry, believes them to be true; and that any fal�e statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). ' � �v� ' S' nature etition r "Corporate petitioners irlusr�ur�tplete bracketed injormation. Certification of Counsel The undersib�:��' ���unsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed l�istribution is a true and accurate reproduction of the form Petition authorized by the Supr�n�e Court, and that no changes to the form have been made beyond the responses herein. , F� �� �" Signature of Counsel for Petitioner Fa�oc-oi rev. 10.13.06 Page 10 of 10 � PR.UC}F C}F PUBLICATI�JN State of Pennsylvania,County of Cumberiand Mark Heintzelman Publisher,of The Sentinel,of the County and State aforesaid,being duly sworn,deposes and says that THE SENTINEL, a newspaper of general circulafion � in the Barough of Carlisle,County and�tate aforesaid,was established December 13t�, 18$1,since which date THE SENTINEL has been regularly issued in said Caunty,and that the printed natice or publieation attached hereto is exactly the same as was printed and published in the regular editions and 'zssues of THE SENTINEL on the followirtg day{s): Au�us#2Q,27&5e�fiernber 3,2Q12 COPY OF NOTICE QF PUBLICATI(�N �STATEINOt�cE,. __ letters TestamerltaeY pn the Esfale of CAROLYN L.HOl7VER a/k/a CA�t�L�fN Ht70�E�t,tate ot Wes#PsnnsbaTtr Township;Gumbertand Affl7ilt�LtT�1�T d�p05�5�h�t�'1£j Sh�IS Xtt}t Goun�y,Pen�sylvan6a>tleeeased,have been g�anted to the ufidersigned. 1Z1t2TeSt2C�1Tt t�i�SU�?�LCt ZT11ttL2'Of�12 All psrsons knawing themselves ta be indebted,:io said Estate will make afQrESa1C�.210�"iC�OT 1t�V2T�282IT12Ttt,and that payment imrrfeBiataly,end those having claims wiEi pressnt#f�em for seni$+�entib; all allegatians in the foregoing statement as Harvey E:HooveT.Jr.,Er�ecutor t0 t22112,�?�10E?d21 C�li1T1C��T 4��?t2�311C1�1OI't cfo Land�s&Biack 3�Souith Hanover Street ' ���t�u�. Carlisie�PA 1701'3 Robert'R.Siaek,Attdmey . Sworn t and subscribed before me this C.�� ��1 z Notary Public My commission expires: �������s..:..,; N4TARlAL SEAL � BAMBI APJN HEGKENDd�� NOtary pu��'C CARtiSIE BORQ�GM,GUfi'=4�ERI�FND�CNTY � i�ly Commissic�n Ex�ires ,.�' .... ..,K��.�.�,,, , �,,�... � � PROOF OF PUBLICATION OF N4TICE IN CUMBERLAND LAW JQURNAL (Under Act Na. 5$7, appraved May 16, 1929}, P. L.1784 COMMONWEALTH OF PENNSYLVANIA : , ss. COUNTY OF CUMBERLAND . Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journat, af the County and State aforesaid, bei�g d�aly sworn, according ta law, deposes and says that the�umberland Law Journal, a legal periodical published in the Borc�ugh of Carlisle in the Caunty and State aforesaid, was established January 2, 1952, and designated by the local courts as the officia! Iegat periodical for the publication of all legal notices, and has, since January 2, 1952, been regutarly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberiand Law Journal on the following dates, viz: An�ust 24, Au�ust 31, and Set�tember 7, 2012 Affiant fizrther deposes that he is authorized to verify this statement by the Cumberland Law 3ournal, a legal periodical of general circulation, and that he is nat interested in the subject matter of the aforesaid notice ar advertisement, and that all allegatians in the foregoing statements as to time, place and character of publication are true. r`°' , ` isa Marze Coyne, itor � SWORN TO AND SUBSCRIBED before me thzs 7 day of September» 2Q12 _�� � r _._ Natary Hoover,Carolpn L. a/k/a Garoly� Hoover,dec'd. Late of West Pennsboro Township, Executor: Harvey E. Hoover, Jr. c jo Landis & Black, 35 Sauth ���„q,��� Hanover Street, Carlisle, PA Np7AR1A4 SEAL 17013. DEBORAN A COi.�.tNS Attorney: Robert R. Black, Es- Notary Pu6lic quire. CARLiSLE 80ROUGH,CuMBERLANp COUNTY FAy Commiss+on Expires Apr 28,20i4 . �� � . � pennsylvania � �T QEPARTMENT OF PUBLIC WEIPARE November S, 2012 LANDIS & BLACK RC?BERT R BLACK ESQUIRE 36 S HANOVER ST CARLISLE PA 17013 Re: Carofyn Hoover SSN: ###-##-2216 Dear Attorney Black: Pursuant ta your letter dated November 05, 2012, the Department's, Estate Recovery Program, has reviewed the infarmatian you provided regarding the above-referenced individual. It has been determined that this individuai did not receive any type of assistance during the questioned period. Therefore, according to the informatian you pravided, the Department's Estate Recavery Program wili not seek any recovery from this estate. If your client applied far Medical Assistance and had an application and/or hearirig pending at the time af death, please advise us and provide any additianai infarmatian that may affect a recovery by our Department. Thank you for yaur cooperation in this matter. If you have any questions, please contact me. Sincerely ��.�, �.�� Vince A. Porter Recovery Section Manager (717)772-6604 Bureau of Program Integrity � plvision of Thlyd Party Uability � Recovery Section PO Box 8486 ( Harrisburg,Pennsylvania 17105-8486 IN RE. : 1N THE Ct�URT 4F CC?MMQN PLEAS C1F . CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CAROLYN H04VER : AiKiA CAROLYN L. H44VER, : Deceased : ORPHANS' C(�URT DIVISI4N : NO. 2I - 2012-00873 Nt3TICE OF FiLING ACCOUNT AND SCHEDULE OF PRQPQSED DISTRIBUTIUN NQTICE IS HEREBY GIVEN that Harvey E. Hnaver, Jr., Executor of the Last VViIi and Testament of Carolyn Hoover aJkla Carolyn L. Hoover, Deceased, has this date filed the First and Final Account and Schedule of Proposed Distributian in the abave-captioned estate in the Office of the Register of Wills in and far Cumberland County, Pennsylvania, where the same are filed as public recards and tnay be inspected. Enclosed herewith are copies of these documents. YOU ARE FURTHER NOTIFIED that any exceptions or objections to said Accaunt or Schedule must be filecl in writing at the Office of the Register of Wills afaresaid prior ta the confirmation of said A.ccaunt, scheduled as set farth below. UNLESS written exceptions ar objections are filed prior thereto, said Account and Schedule will be presented ta th�: abave-captioned Court in Courtraom Na. 1 af the Cumberiand�aunty Courtht�use, Carlisle, Pennsylvania, at 9:30 A.M.,prevailing time, on Tuesday, October 8, 2413, at which time said Account will be confirmed and d'zstributian ordered in accordance with the Schedule af Propased Distribution. LANDIS & BLACK By: Robert R. Black, Attarney for the Estate of Caralyn Hoover aJk/a Carolyn L. Haover Date of Notice. TO: Harvey E. Hoover, Jr. Karen B. Arthur 99 Alters Road 1S`Vice President and Senior Trust Officer Carlisle,PA 17015 ACNB Bank P.C?. Bax 4566 Gettysburg, PA 17325 . Mr. John W. Bear Mrs. Barbara Jo Bear 816 Hamilton Street 81 b Hamilton Street Carlisle, PA 17013 Carlisle, PA 170I3 Mr. Jasort R. Bear Mrs. Amy Jo Abbott 816 Hamilton Street 200 Aston HaII Drive Carlisle, PA 17QI3 Eads, TN 38028 Grace United Methodist Church Milton S. Hershey Medical Center A�5 Sauth West Street Penn State University Carlisle, PA I7013 Attn: Trust Department Sfl0 University Drive Hershey, PA 17033 i O ° LAST WILL AND TESTAMENT OF CAROLYN L. HOOVER I, CAROLYN L. HOOVER, of West Pennsboro Township, Cumberland County, Pennsylvania, declare this to be my will, hereby revoking all prior will and codicils. Distributioii of Personal Property FiRST: I give my personal property to my husband, HARVEY E. HOOVER, JR., if he survives me, for a period of thirty (30) days. If he shall not so survive me, I give to my brother-in-law, John W. Bear, the following personal property: John Deere 40 tractor, John Deere 620 tractor, two (2) wheel cart, grader blade, ladders, welders, drili presses, band saw, bench saw, lathe and hand tools. I give my household goods and all jewelry to my sister, Barbara Jo Bear, if she survives me for a period of thirty (30) days. If she does not so survive me, I give said jewelry to my niece, Amy Jo Abbott and my nephew, Jason R. Bear. Credit Shelter Trust for Husband SECOND: I give to my hereinafter named trustee to hold in trust (hereinafter refened to as "credit shelter trust"), in addition to all assets received directly by trustee that are excludable from my gross taxable estate for federal estate tax purposes, assets of a total value equal to the � largest amount, if any, that can pass free of federal estate tax by reason of the unified credit and any other credits available for federal estate purposes except: (i) the state death tax credit to the extent that use would require an increase in the amount of state death taxes paid, and (ii) the credit for tax on prior transfers to the extent that credit arises from transfers to me from individuals who die after me. Such latter amount shall be reduced by the value for federal estate tax purposes of any �� � initials , gifts which do not qualify for the marital or charitable deduction made by me under this will or otherwise, and further reduced by an amount equal to the sum of all char�es to principal, except death taxes {since I direct hereafter that such death taxes be paid from this trust), that are not deducted in computin� my federal estate tax. I recognize that depending upon the amount of bequests under my will, my non- testamentary dispositions, the amount of state death taxes and administration expenses, and other factors, this trust might be nonexistent or might consume all estate assets, so that no assets may remain to pass outright to my husband pursuant to the residuary gift. My executor shall select and distribute to the credit shelter trust, the cash, securities and other property that shall constitute the credit shelter trust, employing for the purpose of valuation the adjusted basis of the asset for federal estate tax purposes, provided that the assets distributed shall be selected in such manner that they shall have an aggregate fair market value fairly representative of the appreciation or depreciation in the value to the date or dates of distribution of all assets then available for distribution. The assets of the credit shelter trust shall be held and distributed on the following terms: During the lifetime of my husband, HARVEY E. HOOVER, JR., trustee shall pay and distribute to him or for his benefit the entire net income therefrom, which payments shall be made to him periodically, but not less frequently than c�uarterly. In addition, trustee shall from time to time pay to my husband, or shall apply directiy for his benefit, as . much of the principal of this credit shelter trust as my corporate or disinterested trustee may consider desirable for his health, maintenance and support, after considering all resources available to him. My husband shall have the right to withdraw annually the greater of$5,000 or 5 percent of the principal of this credit shelter trust valued at the end of the calendar year in which the withdrawal is made. The right of withdrawal shall be exercised only in writing and delivered to the my corporate or disinterested trustee in the lifetime of my husband (��-.. 2 initials and the right of withdrawal shali be noncumulative. Upon the death of my husband or at my death if he shall have predeceased me, the principal of this trust shall become a part of the residue of my Estate. Distribution of Residue to Husband THIRD: If my husband, HARVEY E. HOOVER, JR., survives me for a period of thirty(30) days, I give the residue of my Estate to him free of all trusts. Distribution of Residue FOURTH: (i) In the event my husband, HARVEY E. HOOVER, JR., does not so survive me, I give my two farms, namely the Sheaf�'er farm conveyed to me by deed dated August 17, 1987, and recorded in Cumberland County Deed Book "W", Volume 32, Pa�e 633 and the Weibley farm conveyed to me by deed dated February 23, 1998, and recorded in Cumberland County Deed Book 172, Page 434 to Barbara Jo Bear and John W. Bear, if they survive me for a period of thirty (30) days. If they, or either of them, do not so survive me, I give said farms to my niece, Amy Jo Abbott, and my nephew, Jason R. Bear, or their issue per slirpes, who survive me for a period of thirty (30) days. (ii) In the event my husband, HARVEY E. HOOVER, JR,, does not so survive . me, I give the residue of my estate to my hereinafter named Trustee to hold in trust to pay the entire net income therefrom, which payments shall be at least quarterly, in equal shares to my niece, Amy Jo Abbott, and my nephew, Jason R. Bear, or the survivor thereof for and during the term of their natural life. (iii) Upon the death of both my niece, Amy Jo Abbott, and my nephew, Jason R. Bear, I devise and bequeath the residue of my estate as follows: (a) Fifty (50%) percent to the Grace United Methodist Church to be held in a G ��� 3 initials separate fund known as the Harvey E. Hoover, Jr. and Carolyn L. Hoover Memorial Fund with interest only payable yearly to said Church for general operatin� expenses; and (b) Fifty (50%) percent to the Milton S. Hershey Medical Center of Penn State University to be used for�eneral research purposes. Simult�neotis De�th FIFTH: If my husband and I should die under circumstances which render the order of our deaths uncertain, for the purposes of the residuary marital gift, it shall be conclusively presumed that my husband survived me. Minors �nd Incap:�citated Persons SIXTH: If any income or principat shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. Trustee shall be entitled to make direct application or to make application by payment of income and principal to the parent or other person in char�e of such minor or incapacitated person, or to his or her�uardian . or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be paid and distributed to such person upon the termination of minority or incapacity. Appointment of Gu�rdi�n of Est�tes of Minors SEVENTH: I appoint my trustee as guardian of the estates of minors with power to hold all property payable by law to a guardian appointed by my will and to use the same for the � � 4 initials i I minor's health, maintenance, support and education, either directly or by payment to any person selected by my trustee to disburse it whose receipt shall be a complete acquittance, Guardian may, in discharge of all of the guardian's duties, pay any minor's share deemed impractical of administration to the parent or other person in char�e of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. My trustee as guardian shall have the same powers as my trustee and shall serve without bond. Protection of Benefici�ries (Spendthrift Provisions) EIGHTH: No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. Powers of Executor and Trustee NINTH: My executor and trustee and their successors shall have the following powers in addition to those given by law to be exercised by them in their absolute discretion, which powers shall be applicable to all property held by them, effective without the order of any court and until the actual distribution of all such property: A. To retain any investments at discretion including stock of any corporate fiduciary, or of a holding company controlling it; B. To invest and reinvest at discretion without restriction to so-called "legal . investments," with the specific ri�ht to invest in common and preferred stocks and in such common trust, diversified, money market and mutual funds as they deem appropriate; C. To sell, to grant options for the sale of, or otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and su�cient conveyances, assi�nments and transfers thereof without liability of any purchaser to see to the application of the purchase money; � � 5 initials D. To borrow money and to secure its repayment by mort�age of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to its application; E. To compromise claims by or a�ainst my estate or any trust created by this will; F. To make distributions in cash or kind, or partly in each; G. To register investments in the name of a nominee or to hold the same unregistered in such form that they will pass by delivery; H. To join in any recapitalization, mer�er, reorganization or voting trust plan affecting investments, to deposit securities under a�reement, to subscribe for stock and bond privileges, and �enerally to exercise all rights of security holders; I. To manage, operate, repair, alter or improve real estate or other property, and to lease reai estate and other property upon such terms and for such period as my executor and trustee deems advisable even for more than five years and beyond the duration of any trust; J. To deduct administration expenses upon either the federal estate tax return or fiduciary incame tax return, with or without adjustment between principal and income, as my corporate or disinterested executor shall determine; K. To join with my husband and file any income tax or gift tax returns that may be due on my behalf and to pay so much of such taxes as my corporate or disinterested executor may deem appropriate and to consent to any gifts made by my husband being treated as having been made one-half by me; L. In the absence of a corporate fiduciary, to retain accountants, custodians, investment advisors and other agents as my executor and trustee shall determine and to compensate them out of principal or income or both as my executor and trustee shall determine, such compensation to be a reduction of the compensation of my executor and -s_''�� 6 initials . trustee; M. To disclaim any interest in property without Court approval; and N. To do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. Payment of Death Taxes TENTH: My executor and trustee shall pay all estate, inheritance and other death taxes(including the supplemental estate tax on certain qualified plan benefits but not including any generation skipping tax imposed on a direct skip), together with interest and penalties, which shall be payable with respect to property or interests subject to taxation by reason of my death and whether passing under my will or any codicil, or otherwise, including jointly held and other non- testamentary property. My executor and trustee shall pay the same out of the principal of the credit shelter trust without apportionment. Only to the extent the credit shelter trust is insufficient or unless my husband predeceases me shall any such payments be made from my residuary estate. Appointment of Executor and Trustee ELEVENTH: I appoint my husband, HARVEY E. HOOVER, JR., Executor of my will. If my husband, HARVEY E. HOOVER, JR., is unable or unwilling to qualify as Executor, or havin� qualified is unable or unwilling to continue to act, I appoint Adams County . National Bank as Executor. I appoint my husband, HARVEY E. HOOVER, JR., and ADAMS COIJNTY NATIONAL BANK and its successors or the survivor of them as trustees. I further direct that my Executor and my trustees shall not be required to furnish security in any jurisdiction. Compens�tion of Fiduci�ries TWELFTH: My corporate fiduciary shall be compensated as such in accordance with its _�Ct' 7 initials schedule of fees in effect from time to time when such services are rendered. Interch�ngelbility of Language THIRTEENTH: Words used in the singular may be read to include the plural or the plural may be read as the sin�ular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. He�dings FOURTEENTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no le�al significance. /� � � I have signed this will this /-- day of 2000. —, , n ' c�'' Carolyn L. oover ,�G� (Witness) . � t (Witness) ( ACKNOWLEDGMENT and AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) We, Carolyn L. Hoover, the Testatrix in, and �0-�1�� t� . )iJ.�..t�,e f� 8 �..���..�.���. � _ . . ,� _ � ��. �. �� ... . ,.�,.�. .� _ . ._.. �.�.,.�a.. �.,M�_��.�,._-�,.,a.,�,�.-...-- . �. � � and '�-:.�-�_.t �:��,�,�.�. t.���-���{��ru�-��r' , the witnesses to the last will, the attached or foregoin,� instrument, who have si�ned the instrument, havin�;been duly qualified according to law da depose and say; (a) that T, the Testatrix, do hereby acknowledge that I signed and executed the instnament as my last will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the Testatrix sign and execute the instrument as her last will, that she signed it willingly and executed it as her free and voluntary act for the purposes there'rn expressed; that each ofus in ttte hearing and sight af the Testatrix signed the will as a witness and that to the best of our knowledge the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. , Caro L. H ver �� ���� � vtTitness � � � .�`�.� � , � ��. �t..i` ..� VtTitness ,' <:�l r�--�..� 1 �_� L �lw � (Signature of Officer o�attorne ) (Seal and of�icial capacity of offcer or state of admission of attorney} _.._..___„__,.._. Susan K.Gu�yer�Not�a Carlisle Boro,Curnberl�p�� MY�mmission�xpires Sept.4,20p� Member,Per�nsyiy�ni�Assoclation ot Notarles 9 i i i � �; . 1N THE Ct�URT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE QF CARQLYN HOgVER : A/K/A CAROLYN L. HQOVER, : Deceased : ORP'HANS' COURT DIVISIC}N . N4. Z1 - 2012-008�3 FIRST AND FINAL ACCOUNT (1F HARVEY E. H+DOVER, JR. EXECUTt}R C1F THE ESTATE UF CAROLYN HO+DVER A/KJA CAROLYN L. HClOVER LATE 4F WEST PENNSBORO TO�VNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Date of Death: 0'7/2S/2012 Letters Testamentary Granted: 08109/2012 Letters Advertised; Sentinel - August 24,27 and September 3,2012 Cumberland Law Journal - August 24,31 and September 3,2012 Account�tated as Final SUMMARY & INDEX PRINCIPAL PAGE Recei ts 2 821,910.95 Conversions (Gain) ar Loss) 0.00 Less Disbursements 2, 3 4$,451.b4 Balance Before Distributions 773,459.31 Advancements to Beneficiaries 3 -700.000.00 Princi al Balance Remainin 73,459.3I INCOME Recei ts 3 Q.40 Less Disbursements 3 0.00 Income Balance Remainin 4.Q4 C4MBINEI}BALANCE REMAINING '73 459.31 . � ' RECEIPTS OF PRINCIPAL 2012 8/13 Adams County National Bank - certificate of deposit 4990520 11,02�.32 8I23 Glenworth Ins. Ca. - return of long term care ins. premium 398.38 8/23 M&T Bank - close checking Acct 4232b2 4,446.67 I4I1 PA Pub�ic School Retire Sup (PSERS} - final retirement check 2,740.80 prorateci l0ll Adams County National Bank - certificate of deposit check 37.73 10/22 Waddell & Reed Brokerage Acct 26675058 - liquidation proceeds 624,349.70 1 l/9 Eaton Vance - Broker Acct 0003330776 - liquidation proceeds 44,4b3.26 1 I12Q Morgan Stanley- Brokerage Acct 9I3-i0775I-101 - liquidation I03,019.86 proceeds 12/6 Morgan Stanley - Brokerage Acct 913-107751-101 - final 5,432.48 liquidatian praceeds 12/6 Adams County National Bank - certificate of deposit 158168 25,014.75 20I3 5124 PA Department of Reverzue - income tax refund 9$3.�0 Total Receipts of Principal 821,910.95 DISBURSEMENTS C}F PRINCIPAL 2012 $/l S Hoffman-Roth Funeral Home - funeral services 9,6'78.44 9/11 Harvey E. Hoover,jr. -reimbursement for grave opening expenses l,$26.00 �a�� 2/15 Landis & Black - on account - attorney fees 9,OQQ.00 2 f ♦ � 2(15 Landis& Black - reimbursement for administration casts advanced 597.20 2/22 Register of Wills - additional probate fees 354.04 b!� Landis & Black - balance - attorney fees 6,000.00 Reserved: Register of Wi11s - fiie accounting and releases 500,00 Howard's Accounting Service -CPA - services for preparing estate 504.4Q income tax returns IRS and Pennsylvania Estate Income Taxes - Estimate 2Q,000.00 Tota1 Disbursemeztts of Principal 48,4�I.64 RECEIPTS OF INCOME 20i2 & 2013 Total Receipts of Income 0.00 DISBURSEMENTS OF INCOME 2012 &2013 Nane Tota!Disbarsements of Income 0.40 ADVANCEMENTS TO BENEFICIARIES 2012 l 1/30 Adams County National Bank (ACNB), Trustee of the Carolyn L. 700,000.00 Hoover Credit Shelter Trust - advancement to fund trust Total Advancements to Beneficiaries 1p�,p{}p.�}p 3 _ . a . ��' � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CAROLYN HOOVER : A/K/A CAROLYN L. HOOVER, : Deceased : ORPHANS' COURT DNISION � NO. 21 - 2012-00873 SCHEDULE OF PROPOSED DISTRIBUTION Combined Balance for Distribution Remaining as per First and Final $73,459.31 Account TO: Adams County National Bank (ACNB), $73,459.31 Trustee for the Carolyn L. hoover Credit Shelter Trust as per Paragraph Second of the Will TOTAL BALANCE FOR DISTRIBUTION 74 459.31 HARVEY E. HOOVER, JR., Executor under the Last Will and Testament of CAROLYN HOOVER A/K/A CAROLYN L. HOOVER, deceased, hereby declares under penalties of perjury that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that the first complete advertisement of the grant of letters was more than four months from the date the account was filed; that, to his knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the estate have been paid. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. �y,: .�•;^ .�.'G��� . ' HARV E. H O ER JR. ����� � , ecutor � � , , �' 8�� gib, 9$ � 1N RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CAROLYN HOOVER : A/K/A CAROLYN L. HOOVER, : Deceased : ORPHANS' COURT DIVISION : NO. 21 - 2012-00873 FIRST AND FINAL ACCOUNT OF HARVEY E. HOOVER, JR. EXECUTOR OF THE �=" �� ESTATE OF CAROLYN HOOVER c `'' p� � A/K/A CAROLYN L. HOOVER W � �T; ;:��; r..:� LATE OF WEST PENNSBORO TOWNSHl� y.�--, r=� r CUMBERLAND COUNTY, PENNSYLVAN�;� `,,:_; `�`' � " Date of Death: 07/25/2012 c� ,T-, ,- �-� � .. � ,. Letters Testamentary Granted: 08/09/2012 ��� � �' �_, „ c;� ' Letters Advertised: = �� c` r- �' Sentinel - Au ust 20 27 and Se te r� y�� g , p �er 3, 201�' Cumberland Law Journal - August 24, 31 and September 3,2012 Account Stated as Final SUMMARY & INDEX PRINCIPAL PAGE Recei ts 2 821,910.95 Conversions (Gain) or(Loss) 0.00 Less Disbursements 2, 3 48.451.64 Balance Before Distributions 773,459.31 Advancements to Beneficiaries 3 -700.000.00 Princi al Balance Remainin 73,459.31 INCOME Recei ts 3 0.00 Less Disbursements 3 0.00 Income Balance Remainin 0.00 COMBINED BALANCE REMAINING 73 459.31 r � � , RECEIPTS OF PRINCIPAL 2012 8/13 Adams County National Bank - certificate of deposit 4990520 11,024.32 8/23 Glenworth Ins. Co. - return of long term care ins. premium 398.38 8/23 M&T Bank - close checking Acct 423262 4,446.67 10/1 PA Public School Retire Sup (PSERS) - final retirement check 2,740.80 prorated 10/1 Adams County National Bank - certificate of deposit check 37.73 10/22 Waddell & Reed Brokerage Acct 26675058 - liquidation proceeds 624,349.70 11/9 Eaton Vance - Broker Acct 0003330776 - liquidation proceeds 44,463.26 11/20 Morgan Stanley- Brokerage Acct 913-107751-101 - liquidation 103,019.86 proceeds 12/6 Morgan Stanley - Brokerage Acct 913-107751-101 - final 5,432.48 liquidation proceeds 12/6 Adams County National Bank- certificate of deposit 158168 25,014.75 2013 5/24 PA Department of Revenue - income tax refund 983.00 Total Receipts of Principal 821,910.95 DISBURSEMENTS OF PRINCIPAL 2012 8/15 Hoffman-Roth Funeral Home - funeral services 9,678.44 9/11 Harvey E. Hoover,jr. - reimbursement for grave opening expenses 1,826.00 2013 2/15 Landis & Black - on account- attorney fees 9,000.00 2 2/15 Landis & Black - reimbursement for administration costs advanced 597.20 2/22 Register of Wills - additional probate fees 350.00 6/4 Landis & Black - balance - attorney fees 6,000.00 Reserved: Register of Wills - file accounting and releases 500.00 Howard's Accounting Service -CPA - services for preparing estate 500.00 income tax returns IRS and Pennsylvania Estate Income Taxes - Estimate 20,000.00 Total Disbursements of Principal 48,451.64 RECEIPTS OF INCOME 2012 & 2013 Total Receipts of Income 0.00 DISBURSEMENTS OF INCOME 2012 & 2013 None Total Disbursements of Income 0.00 ADVANCEMENTS TO BENEFICIARIES 2012 11/30 Adams County National Bank (ACNB), Trustee of the Carolyn L. 700,000.00 Hoover Credit Shelter Trust - advancement to fund trust Total Advancements to Beneficiaries 700,000.00 3 1 r � f t IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENI�TSYLVANIA ESTATE OF CAROLYN HOOVER : AIKJA CAROLYN L. HOOVER, : Deceased : ORPHANS' COURT DIVISION : NO. 2I -2012-40873 SCHEDULE OF PROPOSED DISTRIBUTION Cambined Balance fc�r Distribution $73,459.31 Remaining as per First and Final Account TO: Adams County Natianal Bank(ACNB), $73,459.31 Trustee far the Carolyn L. hoover Credit Shelter Trust as per Paragraph Second of the Wi11 TOTAL BALANCE FOR DiSTRIBUTION 74 459.31 HARVEY E. HOOVER, JR,, Executor under the Last Wi11 and Testament of CARC}LYN HOOVER A/K/A CAROLYN L. HOOVER, deceased, hereby declares under penalties of perjury that he has fully and faithfully discharged the duties of his office; that the foregaing First and Final Account is true and carrect and fully discloses all significant transactions accur7ring during the accounting period, that al1 known claims against the estate have been paid in fu11; that the first complete advertisement of the grant of letters was mare than four months from the date the account was filed; that, to his knawledge, there are na claims now outstanding against the Estate; and that all taxes presently due from the estate have been paid. He understands that false statements herein are made subject to the penalties of 1$ Pa. C.S.A. 4904 relating to unsworn falsification to authorities. r�c�..,r, � ,r'f ' �d ,_.../ ,�.-.Yv�/1" �w,�j,���4� ' HARV E. H�ER, JR., F�'ecutor _ O � 1 , t_`-_Y-.r � � . LAST WILL AND TESTAMENT OF CAROLYN L. HOOVER I, C.AROLYN L. HOOVER, of West Pennsboro Township, Cumberland County, Pennsylvania, declare this to be my will, hereby revoking all prior will and codicils. Distributioii of Personal Property FIRST: I give my personal property to my husband, HARVEY E. HOOVER, JR., if he survives me, for a period of thirty (30) days. If he shall not so survive me, I give to my brother-in-law, John W. Bear, the following personal property: John Deere 40 tractor, John Deere 620 tractor, two (2) wheel cart, grader blade, ladders, welders, drill presses, band saw, bench saw, lathe and hand tools. I give my household �oods and all jewelry to my sister, Barbara Jo Bear, if she survives me for a period of thirty (30) days. If she does not so survive me, I give said jewelry to my niece, Amy Jo Abbott and my nephew, Jason R. Bear. Credit Shelter Trust for Husband SECOND: I give to my hereinafter named trustee to hold in trust (hereinafter referred to as "credit shelter trust"), in addition to all assets received directly by trustee that are excludable from my gross taxable estate for federal estate tax purposes, assets of a total va(ue equai to the � largest amount, if any, that can pass free of federal estate tax by reason of the unified credit and any other credits available for federal estate purposes except: (i) the state death tax credit to the extent that use would require an increase in the amount of state death taxes paid, and (ii) the credit for tax on prior transfers to the extent that credit arises from transfers to me from individuals who die after me. Such latter amount shall be reduced by the value for federal estate tax purposes of any �� I�T" initials i • . � � gifts which do not qualify for the marital or charitable deduction made by me under this will or otherwise, and further reduced by an amount equal to the sum of all char�es to principal, except death taxes {since I direct hereafter that such death taxes be paid from this trust), that are not deducted in computing my federal estate tax. I recognize that depending upon the amount of bequests under my will, my non- testamentary dispositions, the amount of state death taxes and administration expenses, and other factors, this trust might be nonexistent or might consume all estate assets, so that no assets may remain to pass outright to my husband pursuant to the residuary gift. My executor shall select and distribute to the credit shelter trust, the cash, securities and other property that shall constitute the credit shelter trust, employing for the purpose of valuation the adjusted basis of the asset for federal estate tax purposes, provided that the assets distributed shall be selected in such manner that they shall have an aggregate fair market value fairly representative of the appreciation or depreciation in the value to the date or dates of distribution of all assets then available for distribution. The assets of the credit shelter trust shall be held and distributed on the following terms: During the lifetime of my husband, HARVEY E. HOOVER, JR., trustee shall pay and distribute to him or for his benefit the entire net income therefrom, which payments shalt be made to him periodically, but not less frequently than quarterly. In addition, trustee shall from time to time pay to my husband, or shail apply directly for his benefit, as . much of the principal of this credit shelter trust as my corporate or disinterested trustee may consider desirable for his health, maintenance and support, after considering all resources available to him, My husband shall have the right to withdraw annually the greater of$5,000 or 5 percent of the principal of this credit shelter trust valued at the end of the calendar year in which the withdrawal is made. The right of withdrawal shall be exercised only in writing and delivered to the my corporate or disinterested trustee in the lifetime of my husband ('��. 1-i-.. 2 initials � . . . � • and the right of withdrawal shall be noncumulative. Upon the death of my husband or at my death if he shall have predeceased me, the principal of this trust shall become a part of the residue of my Estate. Distribution of Residue to Husband THIRD: If my husband, HARVEY E. HOOVER, JR., survives me for a period of thirty(30) days, I give the residue of my Estate to him free of all trusts. Distribution of Residue FOURTH: (i) In the event my husband, HARVEY E. HOOVER, JR., does not so survive me, I give my two farms, namely the Sheaffer farm conveyed to me by deed dated August 17, 1987, and recorded in Cumberland County Deed Book "W", Volume 32, Pa�e 633 and the Weibley farm conveyed to me by deed dated February 23, 1998, and recorded in Cumberland County Deed Book 172, Pa�e 434 to Barbara Jo Bear and John W. Bear, if they survive me for a period of thirty(30) days. If they, or either of them, do not so survive me, I give said farms to my niece, Amy Jo Abbott, and my nephew, Jason R. Bear, or their issue per stirpes, who survive me for a period of thirty (30) days. (ii) In the event my husband, HARVEY E. HOOVER, JR., does not so survive . me, I give the residue of my estate to my hereinafter named Trustee to hold in trust to pay the entire net income therefrom, which payments shall be at least quarterly, in ec�ual shares to my niece, Amy Jo Abbott, and my nephew, Jason R. Bear, or the survivor thereof for and during the term of their natural life. (iii) Upon the death of both my niece, Amy Jo Abbott, and my nephew, Jason R. Bear, I devise and bequeath the residue of my estate as follows: (a) Fifty (50%) percent to the Grace United Methodist Church to be held in a G �!-� 3 initials separate fund known as the Harvey E. Hoover, 7r. and Carolyn L. Hoover Memorial Fund with interest only payable yearly to said Church for general operating expenses; and (b) Fifty (50%) percent to the Milton S. Hershey Medical Center of Penn State University to be used for�eneral research purposes. Simult�neous Death FIFTH: If my husband and I should die under circumstances which render the order of our deaths uncertain, for the purposes of the residuary marital gift, it shall be conclusively presumed that my husband survived me, Minors �nd Incap;tcitated Persons SIXTFi: If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. Trustee shall be entitled to make direct application or to make application by payment of income and principal to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian . or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shal( be paid and distributed to such person upon the termination of minority or incapacity. Appointment of Gu�rdi�n of Est�tes of Minors SEVENTH: I appoint my trustee as guardian of the estates of minors with power to hold all property payable by law to a guardian appointed by my will and to use the same for the �__!l" 4 initials minor's health, maintenance, support and education, either directly or by payment to any person selected by my trustee to disburse it whose receipt shall be a complete acc�uittance. Guardian may, in discharge of all of the guardian's duties, pay any minor's share deemed impractical of administration to the parent or other person in char�e of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. My trustee as guardian shall have the same powers as my trustee and shall serve without bond. Protection of BeneCcilries (Spendthrift Provisions) EIGIiTH: No interest in income or principal shall be assi�nable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. Powers of Executor and Trustee NINTH: My executor and trustee and their successors shall have the following powers in addition to those given by law to be exercised by them in their absolute discretion, which powers shall be applicable to all property held by them, effective without the order of any court and until the actual distribution of all such property: A. To retain any investments at discretion includin� stock of any corporate fiduciary, or of a holding company controlling it; B. To invest and reinvest at discretion without restriction to so-called "legal . investments," with the specific ri�ht to invest in common and preferred stacks and in such common trust, diversified, money market and mutual funds as they deem appropriate; C. To sell, to grant options for the sale of, or otherwise convert any real or personal property or interest therein, at pubiic or private sale, for such prices, at such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and suf�icient conveyances, assi�nments and transfers thereof without liability of any purchaser to see to the application of the purchase money; . �� 5 initials D. To borrow money and to secure its repayment by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to its application; E. To compromise claims by or against my estate or any trust created by this will; F. To make distributions in cash or kind, or partly in each; G. To register investments in the name of a nominee or to hold the same unregistered in such form that they will pass by delivery; H. To join in any recapitalization, merger, reor�anization or voting trust plan affecting investments, to deposit securities under a�reement, to subscribe for stock and bond privile�es, and generally to exercise all rights of security holders; I. To manage, operate, repair, alter or improve real estate or other property, and to lease real estate and other property upon such terms and for such period as my executor and trustee deems advisable even for more than five years and beyond the duration of any trust; J. To deduct administration expenses upon either the federal estate tax return or fiduciary income tax return, with or without adjustment between principa! and income, as my corporate or disinterested executor shall determine; K. To join with my husband and file any income tax or gift tax returns that may be due on my behalf and to pay so much of such taxes as my corporate or disinterested executor may deem appropriate and to consent to any gifts made by my husband being treated as having been made one-half by me; L. In the absence of a corporate fiduciary, to retain accountants, custodians, investment advisors and other agents as my executor and trustee shall determine and to compensate them out of principal or income or both as my executor and trustee shall determine, such compensation to be a reduction of the compensation of my executor and 6 --�--�-� �� inrtials trustee; M. To disclaim any interest in property without Court approval; and N. To do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. Payment of Death Taxes TENTH: My executor and trustee shall pay all estate, inheritance and other death taxes(including the supplemental estate tax on certain qualified plan benefits but not including any generation skipping tax imposed on a direct skip), to�ether with interest and penalties, which shall be payable with respect to property or interests subject to taxation by reason of my death and whether passing under my will or any codicil, or otherwise, includin�jointly held and other non- testamentary property. My executor and trustee shall pay the same out of the principal of the credit shelter trust without apportionment. Only to the extent the credit shelter trust is insufficient or unless my husband predeceases me shall any such payments be made from my residuary estate. Appointment of Executor and Trustee ELEVENTH: I appoint my husband, HARVEY E. HOOVER, JR., Executor of my will. If my husband, HARVEY E. HOOVER, JR., is unable or unwilling to qualify as Executor, or havin�qualified is unable or unwillin� to continue to act, I appoint Adams County . National Bank as Executor. I appoint my husband, HARVEY E. HOOVER, JR., and ADAMS COiJNTY NATIONAL BANK and its successors or the survivor of them as trustees. I further direct that my Executor and my trustees shall not be required to furnish security in any jurisdiction. Compens�tion of Fiduci�ries TWELFT'H: My corporate fiduciary shall be compensated as such in accordance with its _�C't' 7 initials , , • . . . schedule of fees in efi`'ect from time to time when such services are rendered. Interch�ngeability of Language THIRTEENTH: Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. He�dings FOURTEENTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no legal si�nificance. /� J I have signed this will this /� day of �� , 2000. f �� Carolyn L. oover .,�G�t/(� (witness) . � t (Witness) ( ACKNOWLEDGMENT and AFFIDAVIT COMMONWEALTH OF PENNSYLVATIIA ) : SS. COUNTY OF CUMBERLAND ) �) i, We, Carolyn L. Hoover, the Testatrix in, and 0-�1�� t� . I�J.�,t'�..t�"� 8 A i � M • � '} and �.�`�_rc.. �:��, �,.. i,�+Cl,.-�s-iu.�.-.� , the witnesses ta the last will, the attached or faregoing instrument,;who have sig ��d he instrument, having been duly qualified according to law do depase and say: �a} that I, the Testatrix, do hereby acknowled�e that I signed and executed the instrument as my last wiil, that I signed it willingly and as my free and votuntary act far the purpases therein expressed; and {b) that we, the witnesses, were present and saw the Testatrix sign and execute the instrument as tter last will, that she signed it wilfin�ty and executed it as her free and voluntary act for the purposes therein expressed;that each ofus in the hearing and sight of the Testatrix signed the wiil as a witness and that to the best of our knowledge the Testatrix was at that time ei�hteen ar more years af age, of saund mind and under no constraint or undue mfluence. � , , Caro L. H ver �,..� .�'��-�. �� witness � � t � r�, J �. f�..'..� �..� : Witness . �� �'���"��J ��.�t,����_, � {Signattare of 4fficer o�attorrie�)� {Seai and official capacity of o#�icer or state of admissian ofattorney) •---�_._,__ Susan K�Guayea�(�Q��y pu�fc Car{isle Boro,Cumberland County MY�mmtssion Expires Sept.4,2pQg Member,Pennsyiyanla qssoetation ot Nolaries 9