HomeMy WebLinkAbout05-28-15 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:
Barbara L.Sowers
Decedent's Information
Name: Joseph A. Turri File No: 21-15 , ) 4
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 05114/2015 Age at Death: 87
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 201 Runson Road,Camp Hill 17011 Camp Hill Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Holy Spirit Hospital,503 N.21st Street Camp Hill Cumberland PA
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 $ 2,000,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 0.00
TOTAL ESTIMATED VALUE $ 2,000,000.00
Real estate in Pennsylvania situated at Life estate in 201 Runson Road,Camp Hill 17011 Camp Hill Cumberland
(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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 12/21/2012 and Codicils)
thereto dated 11/0412014
Stale relevant circumstances(e.g.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
®NO EXCEPTIONS ❑ EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente 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 coml2lete list of heirs.
Except as follows:Decedent was not a party to pending divorce proceedingwherein 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 adudicated an incapacitated person.
ry
❑NO EXCEPTIONS ❑ EXCEPTIONS n c�ri M
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followgl@)ouse(ifM—W)and ,@(attach
additional sheets,if necessary): c:3
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Name Relationship Address
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Form RW-02 rev.fo-1 f-2o 11 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of.Personal Representative Oficial Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:.
COUNTY OF Cumberland )
Petitioner(s)Printed Name Petitioner(s)Printed Address
Barbara L.Sowers 201 Runson Road
Camp Hill,PA 17011
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cn �
r -Y. M Co r`7 m
The Petitioners)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to&6e'st of:�knowledgi and
belief of Petitioner(s)and that,as Personal Representativemini
s)oft Dece ent,Petitioner s)wi well and truly adsfer-ltie a accordEd to la .
Sworn to or affirmed and suliscribed before R{4/til'c t.01te
me this 2 r1d�a�y of ' 7 mate y
By: C+e�ate �
the Register Date
BOND Required? ❑ YES P] 'NO To the Register of Wills:
FEES: y Please enter my appearance by m sr nature below:
Letters........ .............. .:�.. $ 1,160.00 Attorney Signatur .
( 10 )Short Certificate 50.00
(
)Renunciation(s)..,.....___
( 1 )Codicif(s)........................ 15.00
( )Affidavit(s)...................... Printed Name: Stanley A.Sm'th Esq.
Bond.............................................
Supreme Court
Commission.................................. ID Number: 33782
Other Will 15.00
Inheritance Tax Return 15.00
Firm Name: Rhoads&Sinon LLP
Inventory 15.04
Address: P.O.Box 1146
Harrisburg;PA 17148-1146
Phone: 717-233-5731
Automation Fee............................ 35.50
Fax:
JCSFee....................................... 5.40
TOTAL......................................... $ 1,310.50 E-mail: ssmith@rhoads-sinon.com
DECREE OF THE REGISTER
Date of Death: 05/14/2015
Social Security No: E
Estate of Joseph A. Turri File No: 21-15 "cc5� -1 —
0
a/k/a:
AND NOW, ,in consideration of the foregoing Petition,
satisfactory proof having been esented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Barbara L.Sowers +
in the above estate and(if applicable)that the instrument(s)dated 12/21/2012 11/04/2014
described in the Petition be admitted to probate and filed of record as the last Will(and Codi il(s))of Dececent.
tqA'ArAcfn
Register of Wills
Copyright(c)2011 form software only The Lackne roup,t c. Page 2 of 2
2012
c
e c y x
LAST WILL AND TESTAMENT
OF
JOSEPH A. TURRI
I, JOSEPH A. TURRI, of Camp Hill, Cumberland County, Pennsylvania, being of
sound and disposing mind and memory, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me at any time previously made.
I am not married. My children are JOSEPH A. TURRI, JR. and MARK TURRI
(hereinafter"my children"). My son,Jeffrey A. Turri,died on January 21, 2005.
1. TANGIBLE PERSONALTY. If my friend, BARBARA L. SOWERS,
survives me and she is residing with me or in my-residence at the time of my death,I give and
bequeath my household furniture and furnishings, automobiles, boats, books,pictures,china,
crystal, appliances, silverware and articles of household or personal use or adornment to
BARBARA L. SOWERS. I suggest but do not direct that Barbara give,or bequeath such articles
to my sons as she in her sole and absolute discretion deems to be appropriate. If Barbara does not
survive me or was not residing with me or in my residence at the time of my death, I give and
bequeath such articles of tangible personal property to my sons living at my death in as nearly
equal shares as they shall select under the supervision of my Executor. If any articles cannot be
fairly divided or distributed in kind in the opinion of my Executor, such articles%all be salct and-a m
GJ 71
the proceeds thereof shall pass as part of my residuary estate. `-' u
G CY A
Page 1 of 11 Pages
869218.1
2. CONCERNING REAL ESTATE.
(a) If I own any interest in real property known as 327 W. Allen St.,
Mechanicsburg, Pennsylvania, and such property is used by Turri Associates, Inc.
(a/k/a Advance Coating Technology) at my\passing and my son, JOSEPH A.
TURRI, JR.,then owns shares in Advance Coating Technology, I grant my son,
JOSEPH A. TURRI, JR.,the first option to purchase my interest in such property at
the fair market value of such interest as determined by appraisal secured by my
Executor for death tax purposes. Such option must be exercised within thirty days
of my Executor mailing a copy of the appraisal to my son. The full purchase price
shall be paid in cash at closing. Should my said son fail to exercise such option in
writing delivered to my Executor within thirty days of the mailing of the appraisal
and complete the purchase within five (5) months thereafter, such option shall be
void and my interest in such property shall be sold or shall pass as part of the
residue of my estate, as my Executor deems to be prudent. My Executor may
extend any deadlines under this ITEM 2(a) if my Executor deems such extension to
be in the best interests of my estate.
(b) My residence at 201 Runson Road, Camp Hill, Cumberland County,
Pennsylvania, was gifted to MMI Preparatory School, subject to my reserved life
estate and a successive life estate for my friend, BARBARA L. SOWERS, which
successive life estate shall be effective at my death.
3. BEQUESTS IN TRUST.
(a) If my friend, BARBARA L. SOWERS, survives me, I give and
bequeath the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)to
my Trustee hereinafter named, IN TRUST NEVERTHELESS,to be held,
administered and disposed of as a separate trust estate pursuant to ITEM 5 hereof
(the "Barbara L. Sowers Trust").
(b) If my son, JOSEPH A. TURRI, JR., survives me, I give and
bequeath the sum of Five Hundred Thousand Dollars ($500,000.00)to my Trustee
hereinafter named, IN TRUST NEVERTHELESS,to be held, administered and
disposed of as a separate charitable remainder unitrust under ITEM 6 hereof.
(c) If my son, MARK TURRI, survives me, I give and bequeath the sum
of Five Hundred Thousand Dollars ($500,000.00)to my Trustee hereinafter named,
IN TRUST NEVERTHELESS,to be held, administered and disposed of as a
separate charitable remainder unitrust under ITEM 6 hereof.
Page 2 of 11 Pages
4. RESIDUE. I give, devise and bequeath all the rest,residue and remainder
of my estate, real, personal and mixed, to THE LUZERNE FOUNDATION, 140 Main Street,
Luzeme, Pennsylvania,to be added to and administered as part of the Joseph A. Turri Endowment
Fund as the same may be in effect at my death.
5. THE BARBARA L. SOWERS TRUST. My Trustee shall have, hold,
manage, invest and reinvest the assets of the Barbara L. Sowers Trust, collect the income and
(a) Beginning at my death, my Trustee shall pay over the net income of
such Trust to Barbara L. Sowers, for her lifetime, in installments not less frequently
than quarterly. In addition, my Trustee shall pay to Barbara L. Sowers such
amounts of the principal of such Trust as, in the sole discretion of my Trustee, shall
be necessary for the maintenance, support and medical and nursing care of Barbara
L. Sowers, taking into consideration any other means readily available for such
purposes.
(b) Upon the death of Barbara L. Sowers, my Trustee shall distribute the
principal and any undistributed income of the Barbara L. Sowers Trust to THE
LUZERNE FOUNDATION, 140 Main Street, Luzerne, Pennsylvania,to be added
to and administered as part of the Joseph A. Turri Endowment Fund as the same
may be in effect at my death.
6. CHARITABLE REMAINDER UNITRUST. My Trustee shall have,hold,
manage, invest and reinvest the assets bequeathed to a Trust under this ITEM 6 as a separate trust
for the benefit of JOSEPH A. TURRI, JR. or MARK TURRI, as the case may be, it being my
intention to establish a separate charitable remainder unitrust within the meaning of Rev. Proc.
2005-56 and Section 664(d)(2) of the Internal Revenue Code of 1986 (hereinafter referred to as the
"Code"), for each Joseph A. Turri,Jr. and Mark Turri, if living at my death, under the following
terms:
(a) Payment of Unitrust Amount. In each taxable year of this Trust under
this ITEM 6 (the "Trust"), my Trustee shall pay to my son for whom the trust is
created(also referred to herein as the"Recipient")during the Recipient's life, a
Page 3 of 11 Pages
unitrust amount equal to six (6%)percent of the net fair market value of the assets of
the Trust valued as of the first day of each taxable year of the Trust(the "Valuation
Date"). The unitrust amount shall be paid in equal monthly amounts from income
and, to the extent that income is not sufficient, from principal. Any income of the
Trust for a taxable year in excess of the unitrust amount shall be added to principal.
If for any year the net fair market value of the Trust assets is incorrectly determined,
then within a reasonable period after the value is finally determined for federal tax
purposes, the Trustee shall pay to the Recipient(in the case of an undervaluation)or
.receive from the Recipient(in the case of an overvaluation) an amount equal to the
difference between the unitrust amount properly payable and the unitrust amount
actually paid.
(b) Deferral Provision. The obligation to pay the unitrust amount shall
commence with the date of my death, but payment of the unitrust amount may be
deferred from such date until the end of the taxable year of the Trust in which occurs
the complete funding of the Trust. Within a reasonable time after the end of the
taxable year in which the complete funding of the Trust occurs, the Trustee must pay
to the Recipient(in case of an underpayment) or receive from the Recipient (in the
case of an overpayment)the difference between; (1)any unitrust amounts actually
paid, plus interest, compounded annually, computed for any period at the rate of
interest that the federal income tax regulations under Section 664 of the Code
prescribe for the Trust for such computation for such period; and (2)the unitrust
amounts payable,plus interest, compounded annually, computed for any period at the
rate of interest that the federal income tax regulations under Section 664 prescribe for
the Trust for such computation for such period.
(c) Proration of the Unitrust Amount. In determining the unitrust
amount, the Trustee shall prorate the same on a daily basis for a short taxable year
and for the taxable year ending with the Recipient's death.
(d) Distribution to Charity. Upon the death of the Recipient, the Trustee
shall distribute all of the then principal and income of the Trust(other than any
amount due the Recipient or the Recipient's estate under the provisions above)to
THE LUZERNE FOUNDATION, Luzerne, Pennsylvania, to be added to and
administered as a part of the Joseph A. Turri Endowment Fund as the same may be
amended at my death,provided that The Luzerne Foundation is then described in
Section 170(c)and 2055(a)of the Code. If THE LUZERNE FOUNDATION is not
an organization described in Sections 170(c) and 2055(a) of the Code at the time
when any principal or income of the Trust is to be distributed to it,then the Trustee
shall distribute such principal or income of the Trust to the MMI PREPARATORY
SCHOOL, Freeland, Pennsylvania, if it is then described in such Sections of the
Code or if it is not then described in such Sections of the Code,then the Trustee shall
distribute such principal or income to such one or more organizations described in
Page 4 of 11 Pages
Sections 170(c) and 2055(a) of the Code as the Trustee shall select in its sole
discretion, keeping in mind my charitable interests. Any amounts passing to the
UNIVERSITY OF PENNSYLVANIA under the foregoing shall be added to and
administered as a separate part of such organization's endowment fund, such separate
fund to be known as "THE JOSEPH A. TURRI SCHOLARSHIP FUND"with the
income therefrom being used for student scholarships.
(e) Additional Contributions. No additional contributions shall be made
to the Trust after the initial contribution. The initial contribution, however, shall
consist of all property passing to the Trust by reason of my death.
(f) Unmarketable Assets. Whenever the value of a trust asset must be
determined,the Trustee shall determine the value of any assets that are not cash, cash
equivalents, or other assets that can be readily sold or exchanged for cash or cash
equivalents (hereinafter "unmarketable assets"), by either(i) obtaining a current
"qualified appraisal" from a "qualified appraiser," as defined in § 1.170A-13 (c)(3)
and § 1.170A-13(c)(5) of the Income Tax Regulations, respectively, or(ii) ensuring
the valuation of these unmarketable assets is per-formed exclusively by an
"independent trustee," within the meaning of§ 1.664-1(a)(7)(iii) of the Income Tax
Regulations.
(g) Prohibited Transactions. The Trustee shall not engage in any act of
self-dealing within the meaning of§ 4941(d) of the Code, as modified by §
4947(a)(2)(A) of the Code, and shall not make any taxable expenditures within the
meaning of§ 4945(d) of the Code, as modified by § 4947(a)(2)(A) of the Code.
(h) Taxable year. The taxable year of the Trust shall be the calendar year.
(i) Governing Law. The operation of the Trust shall be governed by the
laws of the Commonwealth of Pennsylvania. The Trustee,however, is prohibited
from exercising any power or discretion granted under said laws or any other ITEM
of this Will that would be inconsistent with the qualification of the Trust under
Section 664(d)(2) of the Code and the corresponding regulations.
0) Limited Power of Amendment. The Trustee shall have the power,
acting alone, to amend the Trust in any manner required for the sole purpose of
ensuring that the Trust qualifies and continues to qualify as a charitable remainder
unitrust within the meaning of Section 664(d)(2) of the Code.
(k) Investment of Trust Assets. Nothing in this Will shall be construed to
restrict the Trustee from investing the Trust assets in a manner that could result in the
annual realization of a reasonable amount of income or gain from the sale or
disposition of Trust assets.
Page 5 of 11 Pages
(1) Definition of Recipient. References to the Recipient in this Will shahl,
be deemed to include the estate of the Recipient with regard to all provisions in this
Will that describe amounts payable to and/or due from the Recipient. The prior
sentence shall not apply to the determination of the last day of the unitrust period.
7. SPENDTHRIFT PROVISION. No interest in income or principal of my
estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor,
spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust
created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall
pay over the net income and the principal to the beneficiaries herein designated, as their interests
may appear, without regard to any attempted anticipation(except as may be specifically provided
herein), pledging or assignment by any,beneficiary of my estate or of any trust created hereunder
and without regard to any claim thereto or attempted levy, attachment, seizure or other process
against said beneficiary.
8. SURVIVAL PRESUMPTIONS. Any person who shall have died at the
same time as I or under such circumstances that it is difficult or impossible to determine who shall
have died first, shall be deemed to have predeceased me. Any person other than me who shall
have died at the same time as any then beneficiary of income of my estate or a trust created
hereunder or under such circumstances that it is difficult or impossible to determine who shall
have died first, shall be deemed to have predeceased such beneficiary.
9. FIDUCIARY POWERS. In the settlement of my estate and during the
continuance of any trust created hereunder, my Executor and my Trustee shall possess, among
others,the following powers, exercisable without prior court approval, but in all cases subject to
any contrary provisions in ITEM 6:
Page 6 of 11 Pages
(a) To retain any investments I may have at my death so long as my
Executor or Trustee may deem it advisable to my estate or trust so to do, including
securities owned, issued or underwritten by any corporate Executor or Trustee or
any of their affiliates.
(b) To vary investments, when deemed desirable by my Executor or
Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other
securities or in such other real or personal property, including securities owned,
issued or underwritten by any corporate Executor or Trustee or any of their
affiliates, or as to which my corporate Executor or Trustee or any of their affiliates
are investment advisors, as my Executor or Trustee shall deem wise, without being
restricted to so called "legal investments".
(c) In order to effect a division of the principal of my estate or trust or
for any other purpose, including any final distribution of my estate or trust, my
Executor or Trustee is authorized to make said divisions or distributions of the
personalty and realty partly or wholly in kind. If such division or distribution is
made in kind, said assets shall be divided or distributed at their respective values on
the date or dates of their division or distribution. In making any division or
distribution in kind, my Executor or Trustee shall divide or distribute said assets in
a manner which will fairly allocate any unrealized appreciation among the
beneficiaries.
(d) Subject to ITEM 2 hereof,-to sell either at public or private sale and
upon such terms and conditions as my Executor or Trustee may deem advantageous
to my estate or trust, any or all real or personal estate or interest therein owned by
my estate or trust severally or in conjunction with other persons or acquired after
my death by my Executor or Trustee, and to consummate said sale or sales by
sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee
simple title, free and clear of all trust and without obligation or liability of the
purchaser or purchasers to see to the application of the purchase money or to make
inquiry into the validity of said sale or sales; also,to make, execute, acknowledge
and deliver any and all deeds, assignments, options or other writings which may be
necessary or desirable in carrying out any of the powers conferred upon my
Executor or Trustee in this paragraph or elsewhere in this Will.
(e) To mortgage real estate and to make leases of real estate for any
term.
(f) To borrow money from any party, including my Executor or Trustee,
to pay indebtedness of mine or of my estate or trust,expenses of administration,
Death Taxes or other taxes.
Page 7 of 11 Pages
1
(g) To pay all costs, expenses, legally enforceable debts, funeral
expenses and charges in connection with the administration of my estate or trust.
(h) To vote any shares of stock which form a part of my estate or trust
and to otherwise exercise all the powers incident to the ownership of such stock and
to actively manage and operate any incorporated or unincorporated business,
including any joint ventures and partnerships, and to incorporate any such
unincorporated business, with all the rights and powers of any owner thereof.
(i) In the discretion of my Executor or Trustee, to unite with other
owners of similar property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of my estate or trust.
(j) To assign to and hold in my estate or trust an undivided portion of
any asset.
(k) To hold investments in the name of a nominee.
(1) To compromise controversies.
(m) To disclaim, in whole or in part, any and all interests in property
owned by me at the time of my death, including those passing to me by Will,
intestacy, contract,joint ownership, operation of law or otherwise.
(n) To designate one or more persons or a corporation to act as ancillary
fiduciary in any jurisdiction in which ancillary administration may be necessary,
such ancillary fiduciary to serve without bond or security and to have all powers,
authorities and discretions conferred hereunder.
(o) To employ and compensate from income or principal, in the
discretion of my Executor or Trustee, investment and legal counsel, accountants;
brokers and other specialists, and, whenever there shall be no corporate Executor or
Trustee in office, a corporate custodian, and to delegate to investment counsel
discretion with respect to the investment and reinvestment of any or all of the assets
held hereunder.
(p) To manage and develop all or any part of any real property that may
be owned by my estate or any trust, including but not limited to,the power to
subdivide(including the dedication of parks, easements or streets, with or without
consideration); to obtain the vacation of a plat or adjust boundaries; to submit
property to a condominium project and do all acts necessary in connection
therewith; to grant options to purchase or to lease; to construct buildings or to alter
or remove buildings, and make such improvements to real property as my Executor
Page 8 of 11 Pages
or Trustee determines to be appropriate (including improvements not situated
directly on the particular real property); to grant easements or encumbrances of any
kind, and to release any interest in the property; and to abandon or demolish any
property including an interest in real property deemed by my Executor or Trustee to
be worthless or of insufficient value to keep or protect.
10. EXCULPATORY CLAUSES. In the settlement of my estate:
(a) My Executor shall not be personally liable for any loss to my estate
or to any beneficiary of my estate resulting from an election made in good faith to
claim a deduction as an income tax deduction or as an estate tax deduction.
(b) In valuing property in my gross estate for the purposes of any Death
Tax, my Executor shall not be personally liable for any loss to my estate or to any
beneficiary of my estate resulting from my Executor's decision made in good faith
to use a particular valuation date.
11. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by
reason of my death, except any taxes relating to generation skipping transfers imposed under
Chapter 13-of Subtitle B of the Internal Revenue Code, as amended("Death Taxes"), whether such.
Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my
Executor out of the property passing under ITEM 4 of this Will as an expense and cost of
administration of my estate. My Executor shall have no duty or obligation to obtain
reimbursement for any Death Taxes paid by my Executor, even though paid with respect to
proceeds of insurance or other property not passing under this Will.
12. CUSTODIAN OF ESTATES. If at any time any individual under the age of
twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether
payable hereunder, by operation of law, contract or otherwise, I appoint my Trustee hereinafter
named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act.
Page 9 of 11 Pages
13. EXECUTOR APPOINTMENT. I hereby appoint my friend,BARBARA L.
SOWERS, as Executrix of this Will. If for any reason Barbara L. Sowers should fail or cease to
act, I appoint STANLEY A. SMITH, Esquire, of Mechanicsburg, Pennsylvania, as Executor, and
if he should fail or cease to act, I appoint STEVEN W. FAHNESTOCK, CPA, of Camp Hill,
Pennsylvania, as Executor. All references in this Will to my "Executor" shall refer to my
originally named Executrix or my successor Executor, as the case may be.
14. TRUSTEE APPOINTMENT.
(a) I hereby appoint BARBARA L. SOWERS and STEVEN W.
FAHNESTOCK, CPA, of 1513 Cedar Cliff Drive, Camp Hill, Pennsylvania, as Co-
Trustees of the Barbara L. Sowers Trust. If Steven W. Falmestock should for any
reason fail or cease to act, he will have the right to designate any disinterested
person to act as successor Trustee and if he shall fail or cease to act and not
designate his successor or if at any time there is ever a vacancy in the office of a
disinterested trustee for the Barbara L. Sowers Trust,the management committee of
Rhoads & Sinon LLP shall designate a person or institution to act as a
"disinterested Trustee"of such Trust. A"disinterested Trustee" is a Trustee that(i)
has no beneficial interest hereunder, (ii) is not legally obligated to support any
person who has a beneficial interest hereunder, and(iii) is not"related"or
"subordinate"to any beneficiary as those terms are used in Section 672 of the
Internal Revenue Code of 1986, as amended, or any successor provision thereto.
(b) I hereby appoint THE LUZERNE FOUNDATION and the
respective unitrust beneficiary of each Trust under ITEM 6 as Co-Trustees of each
such Trust so that there are two Trustees of each Trust under ITEM 6.
(c) I request that my Trustee serving hereunder retain Patrick Williams,
now of 90 Station Road,Newville, Pennsylvania, as investment advisor to the
Trust.
(d) An individual Trustee shall be deemed to have failed to serve as
Trustee hereunder if, among other reasons,the treating physician of said individual
Trustee shall certify in writing that such Trustee possesses permanent mental or
physical incapacities which preclude such Trustee from discharging his or her
duties as Trustee hereunder. Each Trustee shall have the right to designate his,her
or its successor. Any such appointment hereunder shall be made in writing
delivered to the beneficiaries of the Trust and shall be effective without court
Page 10 of I 1 Pages
approval. Any Trustee serving hereunder shall have the right to resign from such
office at any time,with or without cause and without Court approval. No successor
Trustee shall be liable for the actions of a resigning or removed Trustee occurring
prior to such successor Trustee taking office. All references in this Will to my
"Trustee" shall refer to my originally named Co-Trustees or to my sole successor
Trustee, as the case may be.
15. WAIVER OF BOND• FIDUCIARY FEES. My Custodian, Executor and
Trustee shall qualify and serve without the duty or obligation of filing any bond or other security.
Any corporate fiduciary shall be entitled to compensation for services in accordance with the
standard schedule of fees in effect when the services are rendered.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
T ent, consisting of this and the preceding ten(10)pages, this
ay of
2012.
oseph . Turri
We,the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testator as and for his Last Will and Testament, in the
presence of us, who,at his request and in his presence and in the presence of each other, have
hereunto se ands and seals the day and year above written, and we certify that at the time of
the e lon er f,the said Testator was of sound and disposing mind and memory.
Rhoads &Sinon LLP
(SEAL) PO Sox 1146
Harrisburg, PA 17108-1146
7472335731
_(SEox 1146
AL} anoRds on LLP
One South Market Square, l2t
h Floor
Harrisburg. PA 17108-1146
717-233-5731
Page 11 of 11 Pages
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, JOSEPH A. TURRI, and
t
the Testator and the Witnesses,respectively,whose names are signed
to the foregoing instrument,having been sworn,do hereby declare to the undersigned officer that
the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and
Testament,*that he signed voluntarily,that each of the witnesses, in the presence of the Testator and
of each other, signed said Will as a witness and that to the best of the knowledge of each witness,
the Testator was at the time of sound mind and under noi constraint or ujjdiqe:i4eft".
Jos
A4�
Witness
Witness
Subscribed and acknowledged before me by JOSEPH A. TURRI,the Testator,and
subscribed and sworn to before me <s� ,tt6 and
the witnesses,,on this 2-1 day of
L
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF
=Notartal'seal
caindy L.Leltzelj Notary Public
of� I
City of Harrisburg,Dauphin County
Commission
MY commission Bores Dec.2,2014
Member,pem�wania-Assodation of Notaries
rn
70 .-.0
CODICIL
amu' I co
TO THE LAST WILL AND TESTAMENT c
OF
JOSEPH A. TURRI
1,JOSEPH A. TURRI, of Camp Hill, Cumberland County, Pennsylvania, being of
sound and disposing mind and memory, do make,publish and declare this to be a Codicil to my
Last Will and Testament dated December, 21, 2012.
1. I hereby delete ITEM 5 of my Will and add the following new ITEM 5:
5. THE BARBARA L. SOWERS TRUST. My Trustee shall have, hold,
manage, invest and reinvest the assets of The Barbara L. Sowers Trust pursuant to the following
terms:
(a) Beginning as of my date of death, the Trustee shall pay to
BARBARA L. SOWERS ("Barbara"), in each calendar year of this Trust during
Barbara's lifetime an amount equal to Six Percent(6%) of the average of the net fair
market values of the Trust as of the close of the last business day of the Trust's three
previous calendar years (or such lesser number of years as are available for the first
three calendar years of the Trust); provided, however,that for the first calendar
Page 1 of 3 Pages
962794.1
year, the distribution amount shall be Six Percent (6%) of the initial net fair market
value of the Trust. The amount so calculated shall be paid over each year in equal
monthly installments.
(b) For any short tax year(including the initial year of the Trust),the Six
Percent (6%) distribution amount shall be based upon a prorated portion of the
distribution amount set forth above comparing the number of days in the short
taxable year to the number, of days in the calendar year in which the short taxable
year is a part. All computations of the Trust's fair market value, or the value of any
contributions, shall include accounting income and principal, but no accruals shall
be required. If the trust includes assets for which there is not a ready market, the
Trustee shall adopt such method of valuation as the Trustee deems reasonable in its
discretion under the circumstances. The distribution amounts from the Trust shall
be paid first from income, next from net realized short term capital gains,then from
net realized long term capital gains, and as necessary from the principal of theTrust.
(c) In addition to the distributions under paragraph (a), my Trustee shall
distribute to Barbara such amounts of the Trust assets as, in the sole discretion of the
Trustee, shall be necessary for the maintenance, support and medical and nursing
care of Barbara L. Sowers, taking into consideration any other means readily
available for such purposes.
(d) Upon the death of Barbara L. Sowers, my Trustee shall distribute the .
principal and any undistributed income of The Barbara L. Sowers Trust to THE
LUZERNE FOUNDATION, 140 Main Street, Luzerne, Pennsylvania, to be added
to and administered as part of The Joseph A. Turri Endowment Fund as the same
may be in effect at my death.
II. In all other respects, I hereby ratify, confirm and republish my Last Will and
Testament dated December 21, 2012,together with this Codicil, as and for my Last Will and
Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to
Page 2 of 3 Pages
my Last Will and Testament, consisting of this page and the preceding two (2)page,this
day of _ , 2014. c
latthe
seph Turri
We, the undersigned, hereby certify foregoing Codicil was signed, sealed,
published and declared by the above-named Testator as and for a Codicil to his Last Will and
Testament, 'r'-presence of us, who at his request and in his presence and in the presence of each
other,h e biexe o,set our hands and seals the day and year above written, and we certify that at
of the e' ecution thereof,the said Testator was of sound and disposing mind and memory.
Rhoads & Sinon LLP
(SEAL) PO Box1146
One South Mark t Squdie, 12 loor
Harrisburg, PA 17108-1146
717 233 5731
Rhoads & Sinon LLP
�ii� (SEAL) P1 Box 1146
One South Market Square, 12th Floor
Harrisburg, PA 17108-1146
717-233-5731
Page 3 of 3 Pages
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF j-3(),-t -tjZn1n
We, JOSEPH A. TURRI, IS 1 d
ManS01 IV L-2-.. the Testator and the Witnesses,respectively,whose names are signed
to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that
the Testator, in the presence of the Witnesses, signed said instrument as a Codicil to his Last Will
and Testament,that he signed voluntarily,that each of the witnesses, in the presence of the Testator
and of each other, signed said Codicil as a witness and that to the best of the knowledge of each
witness,the Testator was at the time of sound minPouseph
nder no constraint or and
h
i
> ss
Witness
Subscribed and acknowledged before me by JOSEPH A. TURRI,the Testator, and
subscribed and sworn to before me by and
MOOS G N Le.-e— ,the witnesses, on this�day o /Vl0(1' be.X- 2014.
COMMONWEALTH OF PENNSYLVANIA Not Public
NOTARIAL SEAL
Brandi M.Kerns,Notary Public M Commission Expires:
City of Harrisburg,Dauphin County Y p
My Commission Expires Feb.18,2018
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES (SEAL)
COlyIP."�N'A�EA TH OF PENN LVANIA
iii'- Ri?,L S
`
Kc;-. awry Public
0 . ., Co.
ly
My 1P 2018
MEMBER, PENPv j GP NOTAP.IES
COMMONWf:.AL,':, ,µr ::NN LVANIA
NC: —
Brandi M.r,.
City of Harrisb
My CoEx
M.'d+EER, PENNSYLVANIA A SOCIAiiuu r' NOTARIES