Loading...
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: )' 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. \t-- ~ 1..,..) ~I~~ ...,.." ;j',;~ 1" ~.;) ,......) r,,) en <:) 1 ' 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. 2 )' 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. 3 .........;..,______"""",4_,__...,,"'__,>..,";~""~~_r"_ 1 ' 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. 4 By: DATED: J'1,.t.)~r Respectfully submitted, ~4.~ 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 5 --~,,,--"--~'.-".",,._-~,.,.,~,.;.....,~..,.~,........,,,.._.~._--"-, ..,."."..-.._..~,,,~._.,~. 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' ~- ~ ,tf tLd:{ /1GY~'1 ~ X~IN] A L. HOKE v ~-_.",-"-,-+-,,,",,,--,",,,-~-,,-,,,,,,,,,,-,,-,""'",,'._.,,,;,,~-,....-.,-~.., )1 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: J/~7A(- I / ~PLC#L NALD K. PIPHE , I' --=-~ GOLDBERG, KATZMAN & SHIPMAN, ~C. aeo HA~~\Z..tREET STRAW'" UARE P. O. BOX 126a HARR:tSBURG. PENNSYX.VANXA 17108-1268 t . ~~ j 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 . I ~atb,)th.Jiml~aud~a)"_*",~"""c 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. 2 ."._','."'~.,..".,,..'......'...,-.,...,'..'.- .."r;~->. _. '.'1'.' _:...~:~,:-;...-...,,- ----~ l' I I I I 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 , 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 ~ 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. 3 .r-- I 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 , 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. 4 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 5 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, 6 I , , . 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. 7 .1' I I 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 8 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 9 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 10 -1' i -~~'.'.~^ 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 11 . 1 ' I ! I ,~~ "l""""f''"'~ ,,>~,,~, """t",:,",,,,,..-r',~"- ,..~."~,,.-~ ",:', ~ ','C" ~ "'H"~ 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. 12 l' I i I I I I I ~.~ 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. 13 .'i 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. 14 . ~=I 1 ,4. _ _};:"~ lfH~)~r~-< Jl;, :__~_i.t:;":', 7,_..J-,_~~r,_~,4>;"~'>F-",-'~~'jI;'>~-","'"', it<.j'___,~_';".":_ ~-_..; .:, J.t:-~,!_~,- .....,;'~:,~.,.\,.-;f )t_:~;",,,) A~ . (ftr:___....~...~.-~._-,~:W..;.~:~~-.:"j~,,~~~'f't~~~~~~':...~~W~~i"'!!;!'-~~!{:*,...~-.,,"-,~1.,.'T.--"''''''~,',;~:-:_.;_'!'''_':"".,~>'?<_-...,~7':f;;.~~ 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. 15 l' I I I I i .,!lI!.:~., !.ID "",":.. ..,Wm\!.J)~J!lfrj,.A~q~iJjJ~;.~;~.!li!)lI.~ ...~;,J :\><;:'r#f~;f.t.jo(,J[.,~.:l\,<\!JI! .:.'~~(,,;,4,;<i~,!J,~:"'(fI!J~)!i~t:fJ,!!it'U'!L,.~~~41~:~*,;.W~~j_~"",~,~,," ~-U".,~~"",",.&!'41~,I'..i',<ilf.!M!l!I1I 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. J~~~ 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. -;/', ,/,/' ,~ /" _/,;~ ,- .II~ .. / Ii..! / ~"~.; '" . reslllmg at / Q._.-i!:2 ~i~~ ,/ ' . i.' .,., /'-//K9h-"P, p1{fl (7i!~ S'7t/~ ~ . 7n~~, PA /?O~O 16 11 I :IIIIJ~IL~t.t1J "tllfi~~i~. ~:JJJJ~.J~~,~,~:, Jl.~ )<1.)(,; ~ .:.".' .~,: - - . ,/Jr;~: ~,..~:.~t~J~1~~')lf.,'IDJlIJ.~~![~~:::;~r~tt)~;..:t~:~)".::;~!_:.tt~:~~F;~. _~~~l,k:/#!~._~l,;A.-~~- ~.~~;- ~l)'._ ~ .'0: i~ ">;-';' . < .,.J ~,' ~. ,,<,,, ",~,1_.. .' .r~;.~,~~~.~~ 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 ~~~~ rfV't/fC . ~._~ ~"', .~VID'7PIPHER ) ;:; /J /'> / - / ..~ ;../ c' e.L-t: ,/ f7'-t~?-:(-if:...d ,re i Q<,,:~ 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 'I ~U<.li:h .4- - Notary Pubhc 9 ~-"6t (SEAL) [NEH:E:IPIPHBRIPIPHR02. WPDJ 17 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