HomeMy WebLinkAbout09-12-05
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: DAVID T. PIPHER TRUST
FBO AMY L. HOKE
ORPHANS ' COURT DIVISION
NO. Zi - OS-. ~I ~
PETITION TO TERMINATE TRUST
TO THE HONORABLE JUDGE OF SAID COURT:
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Petitioners, RONALD K. PIPHER and LINDA L. HOKE, being the Trustees of the
David T. Pipher Trust FBO Amy L. Hoke ("Petitioners") respectfully state:
1. Ronald K. Pipher is an adult individual residing at 102 Holly Lane,
Mechanicsburg, P A 17050 and is a natural child of David T. Pipher.
2. Linda L. Hoke is an adult individual residing at 501 Holly Lane, Mechanicsbutg
P A 17050 and is a natural child of David T. Pipher
3. Amy L. Hoke is an adult individual residing at 203 Sunset Drive, New
Cumberland, Pennsylvania 17070 and is a natural grandchild of David T. Pipher
4. Amy L. Hoke was born on November 14, 1978 and is presently 26 years of age.
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5. On December 1,2000, David T. Pipher died leaving a Last Will and Testament
dated October 21, 1996. A true and correct copy of the Will is attached hereto and incorporated
by reference.
6. Item V established a Trust for the benefit of Geraldine K. Pipher, his survivins
spouse.
7. Pursuant to Item VI of the Will, the Trust is distributable to the children and
grandchildren of David T. Pipher upon the death of Geraldine K. Pipher.
8. Geraldine K. Pipher passed away on August 13,2003 while a resident of
Cumberland County, Pennsylvania.
9. Item VII of the Will requires the Trust continue for the benefit of any named
beneficiary who has not attained the age of thirty (30).
10. Item VII(B) gives Amy L. Hoke the right to immediately take possession of one-
half (112) ofthe balance when she reaches age twenty-five (25).
11. The only named beneficiary who has not attained the age of thirty (30) is Amy L.
Hoke.
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12. Amy L. Hoke received a Bachelors of Nursing degree from West Chester
University in June 2003.
13. Amy L. Hoke is presently employed as a Registered Nurse by the Hershey
Medical Center, Hershey, Pennsylvania having joined the staff in June 2003.
14. The assets held in David T. Pipher Trust FBO Amy L. Hoke are approximately
Forty Two Thousand ($42,000.00) Dollars.
15. Pursuant to Item VII(B), Amy L. Hoke will be distributed one-half (1/2) of the
trust balance leaving approximately Twenty-One Thousand ($21,000.00) Dollars.
16. The fee to prepare and file the annual Fiduciary income tax returns will be
approximately $400.
17. Petitioners believe that the original purpose of the trust was to insure that the
grandchildren who would become beneficiaries were responsible prior to gaining access to the
funds held in the Trust.
18. Petitioners believe that the decedent would support the termination of the Trust
due to the educational accomplishments of Amy L. Hoke and her evidence of assuming the
responsibility of an adult.
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19. Petitioners believe that it is prudent to terminate the trust due to the small amount
remaining on deposit.
20. Amy L. Hoke purchased a residential property in April 2005.
21. Amy L. Hoke consents to the termination of the David T. Pipher Trust FBO Amy
L. Hoke. Her consent is attached hereto and incorporated by reference.
22. Petitioners believe it is in the best interest of Amy L. Hoke that the Trust be
terminated due to the fact that Amy L. Hoke will be twenty-seven (27) in November of 2005 and
the responsible nature of the beneficiary.
23. The termination and distribution is consistent with the Trustee's ability to exercise
discretion to distribute principal for the support, maintenance and medical care and education of
the named beneficiary. See Item VII(A).
WHEREFORE, Petitioner prays for the Court to issue an Order terminating the David T.
Pipher Trust FBO Amy L. Hoke and authorizing the Trustees to distribute any funds held on
account of the Trust directly to Amy L. Hoke.
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By:
DATED: J'1,.t.)~r
Respectfully submitted,
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Vicky nn Trimmer
Sup. Ct. LD. No. 49679
3401 North Front Street
P.O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
Attorneys for Petitioners
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VERIFICATION
I, LINDA L. HOKE, have read the following document and verify that the facts set forth
herein are true and correct to the best of my knowledge, information and belief. To the extent
that the foregoing document and/or its language are that of counsel, I have relied upon counsel in
making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. ~4904 relating to unsworn falsification to authorities.
DATED: ~~(-'J{U!tJS'
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X~IN] A L. HOKE
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VERIFICATION
I, RONALD K. PIPHER, have read the following document and verify that the facts set
forth herein are true and correct to the best of my knowledge, information and belief. To the
extent that the foregoing document and/or its language are that of counsel, I have relied upon
counsel in making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. ~4904 relating to unsworn falsification to authorities.
DATED:
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NALD K. PIPHE ,
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GOLDBERG, KATZMAN & SHIPMAN, ~C.
aeo HA~~\Z..tREET
STRAW'" UARE
P. O. BOX 126a
HARR:tSBURG. PENNSYX.VANXA 17108-1268
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I~ DAVID T. PIPHER, of Silver Spring Township, Cumberland County, Pennsyhrania,
being of sound and disposing mind, do hereby make, publish, and declare this to be my Last
Will and Testament, hereby revoking and making null and Y.oid all prior Wills and Codicills
made by me at any time heretofore.
ITEM I.
All federal, state, and other death taxes payable because of my
death, with respect to the property forming my gross estate for tax purposes, whether or not
passing under this Will, including any interest or penalty imposed thereon, shall be consi~ered
an expense of the administration of my estate, and shall be paid from my residuary estate lJDder
ITEM VI. hereof, without apportionment or right of reimbursement. All such taxes on p~sent
or future interests shall be paid at such time as my Executor or my Trustee, hereinafter nalned,
may think proper, regardless of whether such taxes are then due.
ITEM II.
I give and bequeath certain items of tangible personal property
that are solely owned by me at the time of my death and that are identified in any separate
writing directing distribution thereof after my death which is dated and is signed by me a. the .
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automobiles, and other tangible personalty of like nature that are solely owned by me at th~
time of my death, not otherwise disposed of above, to my wife, GERALDINE M~ PIPHEI{
(my "Wife"), if she survives me. If my Wife does not so survive me, then I make such
bequest of tangible personal property in equal one-half shares to my daughter, LINDA L.
HOKE (my "Daughter"), and my son, RONALD K. PIPHER (my "Son"), who survive me by
thirty (30) days; Provided, however, that if such a child of mine should not so survive me, but
leaves issue who do so survive me, then such child's issue shall receive, per stirpes, the shate
that such child would have received had he or she so survived me. Such tangible personal
property shall be divided as such beneficiaries, or their legal representatives, shall agree; bu~,
if they cannot agree as to any item(s), allocation and distribution thereof shall be made in th~
sole and absolute discretion of my Executor. Distribution of such items may be made, in th~
sole discretion of my Executor, outright to, or, if applicable, in trust for, a beneficiary.
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ITEM IV.
If my Wife, GERALDINE M. PIPHER, survives me (and I idirect
that, for the purpose of this Item, she shall be deemed to have survived me, unless it app+rrs
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unmistakably that she predeceased me), and if the federal estate tax due because of my d~th
will be reduced by making this gift for her benefit, I give, devise, and bequeath to my Wife,
GERALDINE M. PIPHER, absolutely, the least amount (based upon values as finally
determined for federal estate tax purposes) as shall be needed for the federal estate tax
unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after
full use of all other deductions and credits allowable in calculating the federal estate tax, ~xcept
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that such amount shall be calculated without regard to the augmenting of my taxable estate by
reason of generation-skipping transfers, and without regard for any credit for state death taxes
that would not otherwise be payable. Accordingly, I direct that:
A. If the marital deduction, or any similar benefit, is
allowable with respect to any property, including property held by entireties,
which my Wife has received prior to my death, or at my death will receive
otherwise than pursuant to this ITEM IV., the value of such property shall be
taken into consideration in calculating the size of the gift under this ITEM IV.
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B. No property ineligible for the marital deduction, or any
similar benefit, shall be distributed to this bequest for my Wife, pursuant to this
ITEM IV.
C. Either cash or investments or both may be allocated to this
bequest under this ITEM IV.
D. Any property allocated under this ITEM IV. in kind shall
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be valued at the value at which it is fmally included in my gross estate for
federal estate tax purposes, provided that the aggregate market value thereof on
the date of allocation (plus the value as fmally determined for federal estate tax
purposes of all other property qualifying for the marital deduction) is at least
equal to the dollar value of the marital deduction as fmally determined for
federal estate tax. purposes.
E. If any provision of my will shall result in depriving my
estate of the marital deduction for federal estate tax purposes, such provision is
hereby revoked and my Will shall be read as if any portion thereof inconsistent
with allowance of the marital deduction for federal estate tax purposes is null
and void.
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ITEM V. I give, devise, and bequeath all of the residue of my estate, not
otherwise disposed of above, whether real, personal, or mixed, and wherever situate, incluqing
any property over which I shall have any power of appointment other than any such power
given to me in any will or inter vivos trust of my Wife, to my Trustee, hereinafter named and
defIned, IN TRUST NEVERTHELESS, in a "Bypass Trust", for the following uses and
purposes:
A. My Trustee shall pay the net income therefrom to my
Wife, GERALDINE M. PIPHER, for and during her lifetime. However, if the
income otherwise payable to my Wife shall at any time exceed the amount which
my Trustee deems to be in her best interests (considering her other income and
means of support known to my Trustee, including any income from her other
solely-owned assets, her needs, the desirability of augmenting her separate
estate, and any other circumstances and factors deemed pertinent), my Trustee
may accumulate the same and add it to principal, as my Trustee deems
advisable, in my Trustee's sole and absolute discretion.
B. My Trustee shall pay as much of the principal of this
Trost as my Trustee, in its sole and absolute discretion, may from time to time
think advisable for the support or medical care of my Wife, with such payments
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being made to her or else applied directly for her benefit by my Trustee, after
taking into account her other readily available assets and sources of income and
support.
c. My Trustee may apply the funds in this Trust directly for
the benefit of my Wife should she, by reason of age, illness, or any other cause
in the opinion of my Trustee, be incapable of receiving or disbursing funds.
D. Upon the death of my Wife, my Trustee shall distribute
the remainder of the Trust pursuant to ITEM VI. hereof.
ITEM VI.
Upon the death of my Wife after the Trust under ITEM V. has
become legally entitled to receive proceeds or has become established, or upon my death if!my
Wife has not survived me, then the principal and any undistributed income in the Trust, or ~e
residue of my Estate, as appropriate, shall be devised or distributed as follows:
A. Thirty-five percent (35 %) of such residue or remainder
outright to my Daughter, LINDA L. HOKE, now of Mechanicsburg.
Pennsylvania, if she survives me by thirty (30) days; Provided, however, that if
my Daughter should not so survive me, but leaves issue who do so survive me,
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then such issue of my Daughter shall receive, per stirpes, the share that she
would have received had she so survived me, subject, however, to the further
trust provisions set forth in this Will if applicable to a particular beneficiary due
to his or her age at the time of distribution. If my Daughter should not so
survive me and should not leave any such surviving issue, then my Daughter's
interest shall lapse, and such interest shall be distributed proportionately to the
other beneficiaries named under this ITEM VI.
B.
Thirty-five percent (35 %) of such residue or remainder
outright to my Son, RONALD K. PIPHER, now of Mechanicsburg,
Pennsylvania, if he survives me by thirty (30) days; Provided, however, that if
my Son should not so survive me, but leaves issue who do so survive me, then
such issue of my Son shall receive, per stirpes, the share that he would have
received had he so survived me, subject, however, to the further trust provisions
set forth in this Will if applicable to a particular beneficiary due to his or her
age at the time of distribution. If my Son should not so survive me and should
not leave any such surviving issue, then my Son's interest shall lapse, and such
interest shall be distributed proportionately to the other beneficiaries named
under this ITEM VI.
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c.
Fifteen percent (15 %) of such residue or remainder in
equal shares to my grandchildren who are the children of my Daughter, Linda
L. Hoke, who survive me by thirty (30) days; Provided, however, that if such a
grandchild should not so survive me, but leaves issue who do so survive me,
then such issue of a deceased grandchild shall receive, per stirpes, the share that
such grandchild would have received had he or she so survived me, subject,
however, to the further trust provisions set forth in this Will if applicable to a
particular beneficiary due to his or her age at the time of distribution.
Presently, my grandchildren who are the children of my Daughter, Linda L.
Hoke, are GARY J. HOKE, DEBRA J. SULUVAN, and AMY L. HOKE. If
such a grandchild should not so survive me and should not leave any such
surviving issue, then such grandchild's interest shall lapse, and such interest
shall be distributed proportionately to the other grandchildren named under this
ITEM VI. C.
D.
Fifteen percent (15%) of such residue or remainder in
equal shares to my grandchildren who are the children of my Son, Ronald K.
Pipher, who survive me by thirty (30) days; Provided, however, that if such a
grandchild should not so survive me, but leaves issue who do so survive me,
then such issue of a deceased grandchild shall receive, per stirpes, the share that
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such grandchild would have received had he or she so survived me, subject,
however, to the further trust provisions set forth in this Will if applicable to a
particular beneficiary due to his or her age at the time of distribution.
Presently, my grandchildren who are the children of my Son, Ronald K. Pipher,
are KIMBERLY MARTIN, LISA JO BARRIOS, and KRISTY A. PIPHER. If
such a grandchild should not so survive me and should not leave any such
surviving issue, then such grandchild's interest shall lapse, and such interest
shall be distributed proportionately to the other grand~hildren named under this
ITEM VI. D.
ITEM VII. Any property passing hereunder to a beneficiary who, at the time
of distribution of proceeds to such beneficiary, is under the age of thirty (30) (a
"Beneficiary"), shall be held IN TRUST, NEVERTHELESS, by my Trustee, hereinafter
named, for the benefit of such Beneficiary, in a "Protective Trust", upon the terms and for the
purposes and uses, as follows:
A. My Trustee shall hold and invest the principal of the Trost
corpus, collect the income therefrom, and expend and apply so much of the net
income (any income not so expended or applied to be accumulated and added to
principal), and so much of the principal and accumulated income, as my Trustee
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shall deem necessary or advisable, in the sole and absolute discretion of my
Trustee, for the support, maintenance, medical care, and education (including
college education, both graduate and undergraduate) of the Beneficiary, after
taking into consideration other readily available assets and sources of income.
During illness or emergency, my Trustee may either pay a distribution to the
Beneficiary, or may make a distribution for the benefit of the Beneficiary.
B. When the Beneficiary attains the age of twenty-one (21),
then the net income from the trust shall be distributed to or for the benefit of the
Beneficiary thereafter, at least quarterly. When the Beneficiary attains the age
of twenty-five (25), then one-half (lh) of the then-existing Trust corpus shall be
distributed to the Beneficiary outright. When the Beneficiary attains the age of
thirty (30), then the Trust pertaining to that Beneficiary shall terminate, and my
Trustee shall distribute the then-remaining principal and any accumulated or
undistributed income to the Beneficiary, outright.
C. If the Beneficiary should die during the existence of this
Trust, it shall be divided and then continued in separate trusts for the benefit of
any then-living issue of the Beneficiary, per stirpes, with such beneficiaries
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being substituted for the Beneficiary for all purposes including distribution at
certain ages as set forth above.
D. If the Beneficiary should die before attaining the age of
thirty (30) without leaving issue surviving as aforesaid, then that Trust shall
terminate, and its assets shall be distributed to the Estate of such Beneficiary .
ITEM vrn.
I direct that my Executor and ~rustee shall be entitled to out-()f-
pocket expenses, and also to reasonable compensation, considering their efforts and
involvement in the administration of my Estate or a trust, as applicable.
ITEM IX.
The interest of beneficiaries hereunder shall not be subject to
anticipation or to voluntary or involuntary alienation.
ITEM X.
I hereby appoint my Wife, GERALDINE M. PIPHER, to senve
as the executrix (the "Executor"), of this, my Last Will and Testament. In the event that my
Wife is or shall become unable or unwilling to serve as Executor, then I nominate and appoint
my Daughter, LINDA L. HOKE, and my Son, RONALD K. PIPHER, to serve together in the
capacity of Executor. It is my desire that, after my Wife, two such persons always shall serve
together, each as a co-executor, in the capacity of Executor. In the event that either or boili of
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my Daughter or Son are or shall become unable or unwilling to serve in such capacity as a QO-
executor, then I nominate and appoint the following persons, in the following order, to be
substituted in as a co-executor: KIMBERLY MARTIN, then GARY J. HOKE. I direct thatJ
the last nominated co-executor able or entitled to so serve as an Executor shall be entitled to
nominate a successor to serve further as such Executor, with the same effect as though set
forth by me in this Will.
ITEM XI.
I hereby nominate and appoint my Daughter. LINDA L. HOldE,
and my Son, RONALD K. PIPHER. to serve together in the capacity of trustees (collectively,
my "Trustee"). It is my desire that two such persons always shall serve together, each as a co-
trustee, in the capacity of Trustee. In the event that either or both of my Daughter or Son ~e
or shall become unable or unwilling to serve in such capacity as a co-trustee, then I nominate
and appoint the following persons, in the following order, to be substituted in as a co-trustee:
KIMBERLY MARTIN. then GARY J. HOKE. I direct that the last nominated co-trustee able
or entitled to so serve as a Trustee shall be entitled to nominate a successor to serve furthet as
such Trustee, with the same effect as though set forth by me in this Will.
ITEM Xll.
I direct that my Executor and any Trustee shall not be required to
give bond or post any other security for the faithful performance of their duties in any
jurisdiction.
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ITEM xm.
Any person, other than my Wife, who shall have died at the same
time as me, or in a common disaster with me, or under such circumstances that it is difficult or
impossible to determine who died first, shall be deemed to have predeceased me.
ITEM XIV.
My Executor and any Trustee shall have the following powers in
addition to those invested in them by law and by other provisions of my Will applicable to all
property, whether principal or income, exercisable without Court approval. and effective until
distribution of all property:
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.
B. To vary investments, when deemed desirable by my
Executor or Trustee, and to invest in such bonds, common trust funds controlled
by my Executor or Trustee, stocks, notes, real estate mortgages, or other
securities or in such other property, real or personal, as my Executor or Trustee
deem wise, without being restricted to so-called legal investments.
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c. In order to effect a division of the principal of my Estate
or Trust or for any other purpose, including any final distribution, 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 are required to be divided or distributed at their respective
values on the date or dates of their division or distribution.
D. 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 interests 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 herein.
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E. To mortgage real estate. and to make leases of real estate
for any period of time as is deemed reasonable by them.
F. To borrow money from any party to pay indebtedness of
mine. or of my Estate or Trust. expenses of administration, or inheritance.
legacy, estate or other taxes.
G. To pay all costs. taxes, expenses, and charges in
connection with the administration of my Estate or Trust. My Executor shall
pay expenses of my last illness and funeral expenses.
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.
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 entity whose securities form a part of my Estate or Trust.
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J. To compromise claims and to abandon any property
which, in my Executor's opinion, is of little or no value.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will
and Testament, consisting of sixteen (16) typewritten pages, this 2. I day of October"
1996.
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DAVID T. PIPHER .
We, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testator, DAVID T. PIPHER, as and for his Uast
Will and Testament, in the presence of us, who at his request and in his presence and in th~
presence of each other, have hereunto set our hands and seals the day and year above writt~n,
and we certify that at the time of the execution thereof, the said Testator was of sound and I
disposing mind and memory.
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COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF DAUPHIN
We, the Testator, and i\f < i I /-( -t.n ct e.,-:S hc\ t , and
K e. b ( t..(I~ll K. --t? Db L , the witnesses, respectively, whose names are
signed to the foregoing instrument, being frrst duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the instrument as his Last Willi and
that he had signed willingly, and that he executed it as his free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and hearing of the
Testator, signed the Will as witness and that to the best of his/her knowledge the Testator Was
at that time eighteen years of age or older, of sound mind and under no constraint or undue
influence.
AfJ' 'e '7 ~~~~
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WItness
Subscribed, sworn to and acknowledged before me by the Testator , DAVID T. PIPHER, and
s~scribed and s'Y9m ~efore me by (\1 t i , {-{ e /'\ ci e. (":5 h of and
h CkJ.l_tc. Ct. K. '/( {JsL , witnesses, this cJ../ Qt day of October, 1996.
Notarial Seal
ElIzabeth S. Eck, Notary PubMc
Oenv Twp., Dauphin County
My Comm(lIIIan ExpIres March 20. 1999
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[NEH:E:IPIPHBRIPIPHR02. WPDJ
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CONSENT OF BENEFICIARY
I, AMY L. HOKE, hereby certify that I am age 18 or older, that I am aware of the
Petition to Terminate the Trust and that I give my consent, without reservation to the termination
of the trust.
'f> --d-0-C'5
a~~L----
AMY L. ~KE
Date
430048vl