The URL can be used to link to this page

Home My WebLink About12-28-06 Estate of JOHN R. CODNER also known as PETITION FOR PROBATE and GRANT OF LETTERS No. ~ I -()tq . ,157 To: Register of Wills for the County of Cumber land in the Commonwealth of Pennsylvania Social Security No. 271-26 -18 80 Deceased. The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older all; :feJ{xecut rix in the last will of the a~YA decedent, dated ~ une.. and codicil(s) dated / . named , 19..9.9...- (state relevant circumstances, e.g, renunciati.pn, deat)J oj executor, ~tc.) 1283 KUhn Road, BOlllng Sprlllgs I)~cendent was domiciled at death inMnnr()p Twr) rllmnprl ;:Jnn County, Pennsylvania, with f;fo5'" last faII).ily or principal re~iden. ce at J7R 3 [111m Road, Boiling Spring~, onroe TownshlP, CUmberland County (list street, number and muncipality) Decendent, then 75 years of age;: died December 18, , 2006 at 1283 Kuhn Road, Boiling Springs, .Monroe Tv.7p., Cumberland County, }JA 1/u07 Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after exei:ution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania . (If not domiciled in Pa.) Pers-onal property in CoUnty Value of real estate in P~nnsylvaQ.i.a _' . situated as follows: j8 Lardlnal Drlve, Car:hsle, South ~liddletown Township, SUffiberland County, /~. tieo $ $ $ $ 100 / OC~'D PA WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; administration c.La.; administration d. b.n.c.La.) theron. ~~ ~ 'U" h.-~~ ~.g (t!"';: ~" ~r::.. go ~ .;;;, Vi ;~~:~) t'-) c:;.::.:) e':) er '-::J 01 l) [') CO 1283 Kuhn Road () BoilingSprings, PAic~07 :.J :!':: --'- j-T-, .,-_~-:u -=--'< 1..0 rJ .r:- COMMON'WEALTH OF PENNSYLVANIA COUNTY OF Cumberland OATH OF PERSONAL REPRESENTATIVE "I ?- Q"" j ~~ The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the kIlOwledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) \vill ,,:vel1 a truly administer the estate according to la~'. Swam to DC aff~!;owl .and mb,,'ib'~ ,~ J?..... b~fo..re me thIs ;2<, en- cay 01 _ _,--" JL~ cY.cX)\....i> ::. ~ , '. _..\ A, ':d- ,,_ ^.. ~^" ^ '" ~. ,~ No.c;2j-O{ 0 - II s- '7 Estate of JOHN R. CODNER , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~ Qy 1"^ b O/\. &-Z' cQffiJlq in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 23 Jooe 1999 described therein be admitted to probate and filed of record as the last will of JOHN R. CODNER and Letters Testamentary are hereby granted to Nancy M. Codner ~. PA 17011 FEES Probate, Letters, Etc. ....... .. $ Short Certificates( ).......... $ Renunciation ................ $ $ TOTAL _ $ ~-~ William E. Miller, ADDRESS (717) 737-9210 PHONE Filed ) HIOS.SOS REV I/O' This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. .' ) en Q) .-i P. o :J :::> s ~ -..,; \) ~i ~ .:r o -I J WARNING: It is illegal to duplicate this copy by photostat or photograph. 'g.:....,~. ~~~~ Local Registrar Fee for this certificate, $6.00 iiiifi!'~~;II7/;;;7;;...~_ /.l~\ ~\.}~ .OUll"-_",- "" .;:".~ / ,,,'4'J'/,"'-.. 4"~~/ . ~~. \~\.) !~::Sl ~. \~% I~C::h f.fc~. ~-:: I::' c.-)\ _ _f,j'1 . "I:t:.~ \~ *\;;:.' ~":'''.~/ *} \~ <::2\ '-- ~-- ,,-' ,,/:=::::.,,\ ~",-~'-' . .' /~,\~> "''<---.7'IMTNT ~\ ~~ ~~~ Date DEe 2 () 2tfJb P 12895573 No, C) ~.~~ ~:; -."-..; --j COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ......) = <:::> CI"\ o i'l n N co H105.1.3 REV. 02/20Cl6 TYPE I PRINT IN PERMANENT BlACK INK 1. Nane of Decedent (first. rOOdIe, Last suffix) John R. Codner 5. ...1.........,'1/ ):lb ...-.~ -'- ...0 N .r:- STATE FILE NUMBER 4. Dale 01 De"" lMoott>,day,yeO<l 12/18/2006 75 6. DateciBirlh Monlh,d . 1.Birth Ci ancIstaleorlo 2/14/1931 ....CoonlyolOea4h &I. Facilty Nime (If I10l instIlUtion, give Heet and nt.mber) 1275 Xubn ~d. Cumberl 11. Decedenl'sUsual KindofWorlt ......; .0 T most of life. Do nol slate retired. Km 01 BusinessJ Industry 13. Decedenrs Education (Specify only highest !Jade colTlJMttedl Elernef1lary I Secondary (().12) College (14 or 5+) 4+ 14. MaitaI S1itus: Married, Never Ma-ried, W_.ONOIl:ed(Spocifyj Married 12. Was Decedent ever in the U.S. Armed Fon:es? DYes J?]No :=:"~ 17.S<alel'ennsyl vania 17bea,,~ Cumberland 17c. ~ Yes._lMKl" MORroc 17d. 0 :"~~Y8dMIhin Did Decedent Lillelna Township? . 1. s ailing ress( ,sl.ZIp Rd. s PA 17007 19. Mother's Name (First, middle, maiden sumame) Carrie Ellen 2Ob. lnforma1rs MaIng Address (Street, dty 11oWn, state, zip code) Robert Codner 208. InlormanI's Name (T yplt I Pmt) M. Allison Twp CJtyIBoro : ti3~00lln- . W.. Crtmltlon or DonatIon Authorized : by.....1 Exlminer I Coroner? {or person acling as soch) HollingerFH&CrematoryMt.Holly Sprin s PA 17065 23b. licsose Number 23c. Date Signed lMonlh. day, year) c ~ ~ Nanc M. Codner 21a. Method of Dispodion OBuriol O""""'.IromS"," OOh<,~' 22a.SignalureolFooeralService . ~ fv....-' .l. . ' Complete ,_ 23&< on1y _ certifojmg physicialisnotavailableallmeofdealhkJ certifycauseddeath. Items 24-26musl be completed by person who pronounces deaIt1. 06' Approximateio1erval: OnsetkJDealh Parlll: Enlerottlersimilicanlcondilinsconbibulina todealtl butnotresullinginlheunderlylngcaJSegivenilPa11. 26. Was Case Referred to Medical EKaniner I Caooer for a Reason Other than Cremalion or DooalkJn? o Ves ti3 No 24. TimeofDealh 25. Dale PltlI1llUnced Deaj (Monlh, day, year) 7:00AM 12/18/2006 CAUSE OF DEATH (See Instructions .nd ...mpln) Item'll. PART I: En\efthe ~-dseases, 11juries, orcomplicalions -lhaldlrecllycaJSed Iledealh. DO NOT enlerterminal events sudl as card9c ares!. respiraDy arrest, 01' ventriClJar fibrillation wilhotJl sI10wng the etiology. Ust only one cause on each n. =~J:,,~~I"""~ ~eu-l-e..- JOe-- Oueto~nceOf) b ",... /F-' 'i!'l"I1J Due to (or as a consequence of) 77 f"L 'fi DN C-f!.1 P m;-J l' LrpJ M ~liBtcoodlllons,jf8l"lY' . k>causelisledonlinea. Enter UNDERl. Y1NG CAUSE (diseaseor~lhatiribledlhe events resuMWlg ndeati) LAST. 3Oa. W...Aulopsy -, 3Ch. Were Autopsy Fmcings AvailablePriortoCornpleliol'l d Cause of Death? o Ves ~ No o Ves 0 No 31. Mn1erofDealh It! N.... 0 _kJde 0- 0"",,,,_3".T""oI,,,",,, o s.idde 0 Could Not be De......, M. 32g.LocaIk:Iloflnjury(StreeI,cilylloWn,state) !z fa :.l :;> o I 338. C.rtIfIer (check only one) ='"".::=:'==~u~::::i~~:~~~~~~~~~I_ ______ ___ _ _____ __ j] ~ =:"~-==~::=~=,~~,~~:=~~~mllln"..IItJcl_______~_________.iJ =::~n:= Ind I or Invettlgltlon, in my opinion, dNth occurm II the time, cIaM,R p.c., and due to the tause(l) Ind 1RIn,* ..lItIIft _..D 28. DidTobaccoUseContribuIeIoOealh? o vosAJ Probably l!f No 0 "",mo.." 29. If Female: o NotI'O!l""'i""""""""" o PregoanIat....oI_ o Not_, buI """",,,""'.'2 days 01 de... o NotP'89"",,-buIl"89"""43days"''''' ol- D Unknown If pregnant within I1e pasl year 32c. Place a Injury: Home, Fann, Street, FaclOIy, O/ficeBui<Ing.eIc.(~' 35. 33d. Dale..,....I_.day.,..,1 #0 tJ=f~"o3 /2.- 20- 2-<70 C 34. NameandAddressof~Who~CaJS8ofDealh(l1em27) !JPefPr\n1 /") /- A~ l' P'~..j"""","t-~V -., r 'Z.."Z-O oVIL-.J.-ON 1.:1 ,iwl;r;:. /0 L-rl-IZ '-I S 1..--15: PA- 17'" 1-3 >-.1 IA II 1,:),1 \ 101 . ~ WILL OF JOHN R. CODNER I, JOHN R. CODNER, of Cumberland County, Pennsylvania, make this my Last Will, hereby revoking any and all former wills or codicils made by me. ARTICLE ONE Payment of Last Expenses I direct my Personal Representative to pay the expenses of my last illness and my funeral expenses as soon as may be convenient after my death. Alternative provisions for Article One: ARTICLE TWO Tangible Personal Property Section 1. Spouse Surviving. I give my automobiles, household and personal effects, and other tangible personal property of like nature (not including cash or securities), together with any existing insurance thereon, to my spouse, NANCY M. CODNER, if my said spouse survives me by thirty (30) days. Section 2. Spouse Not Surviving. If my said spouse fails to survive me by thirty (30) days, I give said property as I may have provided in a memorandum kept with the original of this Will, or to the extent not so provided, to such of my children, GREGORY S. CODNER, SHARON L. BRANDT, DIANE C. NAJDEK, and DOUGLAS J. CODNER, as are living on the thirty-frrst (31st) day after my death in such shares or by such items as they may agree upon or, if they are unable to agree, then in such shares or by such items of approximately equal value as they may select by lot. Any such property not so distributed shall be sold and the proceeds added to my residuary estate and pass under Article Three hereof. C) "'-., ~. ~..',,;J C-'"\ r,) co ;r:.... j - -1 1..1:) :;.~ ,-,') ;;? ARTICLE THREE Residue Section 1. Bequest to Spouse. I give all the residue of my estate to my spouse, NANCY M. CODNER, if my spouse survives me by thirty (30) days. If my said spouse survives me, but does not survive me by thirty (30) days, I give to my spouse that amount, if any, which, when added to any property passing to my spouse by survivorship or beneficiary designation, or otherwise outside of this Will, is needed to reduce the federal estate tax payable on my estate to zero after full use of all other deductions and credits as finally determined for federal estate purposes (other than any credits the use of which would increase my total death taxes). Property distributed in kind in satisfaction of the amount determined under the preceding sentence shall be valued as of the date of distribution. Any remaining amounts of my residue shall be distributed as provided in Section 2 of this Article Three. If my death and the death of my spouse occur under such circumstances that there is not sufficient evidence that we have died otherwise than simultaneously, and if my taxable estate as fmally determined for federal estate tax purposes, but without application of this presumption, exceeds the taxable estate of my spouse, as similarly determined, my spouse shall be presumed to have survived me. My spouse shall have the right to disclaim all or any part of my estate bequeathed or devised to spouse hereunder, in which case said amount shall be distributed in accordance with the further provisions of this Will. Section 2. Outright to Children. If my said spouse does not survive me by thirty (30) days, I give all the residue of my estate remaining after application of Section 1 of this Article Three to my children GREGORY S. CODNER, SHARON L. BRANDT, DIANE C. NAJDEK, and DOUGLAS J. CODNER, free of trust, in equal shares, the share of any predeceased child to be distributed to such child's issue, per stirpes, subject to the minor beneficiary provisions contained hereinafter. Section 3. Ultimate Distribution. If any amount of my estate hereunder remains undistributed under the foregoing provisions, my Personal Representative shall distribute such amount to those persons who would have been entitled thereto in my spouse and I had each owned one-half (112) thereof and had died at that time intestate, unmarried, without children surviving, and domiciled in the Commonwealth of Pennsylvania. ARTICLE FOUR Minor Beneficiaries If any beneficiary who is entitled to receive absolutely and free of trust a share of the principal of my estate or any trust created hereunder except pursuant to Article Two hereof, is under the age of twenty-two (22) years (hereinafter in this Will called a "minor"), notwithstanding the fact that such beneficiary is deemed to possess legal capacity because said beneficiary has attained the age of majority under applicable state -2- law), the Trustees are hereby authorized and empowered to hold and manage such share for the benefit of such minor during his or her minority, but this authority shall be construed as a power only and shall not operate to suspend the absolute ownership thereof by such minor nor to prevent the absolute vesting thereof in such minor. During the minority of any such beneficiary, the Trustee may accumulate all or any part of the net income from such beneficiary's share or pay so much thereof, together with such amounts of the principal of such beneficiary's share, as the Trustees, in their sole discretion, shall deem necessary or advisable for such beneficiary's health, support, maintenance and complete education. In any such beneficiary should die during his minority, the Trustees are authorized, in his sole discretion, to pay part or all of such beneficiary's funeral expenses, and the remaining principal of such beneficiary's share as it is then constituted shall be paid to the persons entitled to such beneficiary's personal estate. ARTICLE FIVE Other Provisions Affecting Trusts Section 1. Disbursements to or for the Benefit of Minors. In the disbursement of funds paid under this Will to or for the use and benefit of any beneficiary who is a minor, the Trustees may make payment of the same to the parents, guardian or such other person having custody of the person of that minor at the time such payments are made, but without liability on the part of the Trustees to see to the application of said payments by the payee, and the receipt of any such person shall be a full acquittance of the Trustees as to any amounts so paid, or the Trustees may make payment of the same directly to or for the benefit of such minor. The Trustees are also hereby authorized to make payments of such funds to a custodian, which may be a person or institution appointed by the Trustees, as a transfer under the Pennsylvania Uniform Transfer to Minors Act or under a similar act of any other state, and the receipt of the custodian shall be a full acquittance of the Trustees as to any amounts so paid. Section 2. Accrued Income. Except as otherwise provided herein, upon the death of any income beneficiary, any income accrued or received by the Trustees subsequent to the last income payment date shall be paid to the person or persons for whose benefit the principal producing such income is continued in trust or to whom such principal is distributed under the terms hereof. Section 3. Stock Dividends. Corporate distributions received in shares of the distributing corporation shall be allocated to principal, regardless of the number of shares and however described or designated by the distributing corporation. -3- Section 4. Spendthrift Provision. During the continuance of any of the trusts created under this Will the principal sums thus held in trust for the beneficiaries, respectively, and the net income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiaries, or any of them, now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and the beneficiaries under Articles Three and Four shall have no power to sell, assign, or encumber all or any part of the said principal sums or their interest therein respectively, or the net income thereof, or to anticipate the said net income. If any anticipation, assignment or transfer, whether voluntary or involuntary, or by operation of law, shall be made or attempted by or against any beneficiary under Articles Three and Four hereof, all further payments to said beneficiary of income or principal of the trust shall be suspended for such period of time or indefmitely (but in no case for longer than the term of the trust) as the Trustee shall determine and, in lieu of such payments, the Trustee may apply so much of the income or principal of the Trust, or both, as the Trustee may deem necessary for the health, support, maintenance and complete education of said beneficiary, and all income of the Trust not so applied shall, in the uncontrolled discretion of the Trustee, be accumulated and added to the principal of the trust fund at such time or times as the Trustee may deem proper. Section 5. Rule Against Perpetuities. No trust created hereunder shall fail to vest within twenty-one (21) years after the life of the last to die of a class consisting of my issue in being, and upon the failure to vest within such period, any such trust shall terminate and the assets thereof shall be distributed outright to the beneficiaries of said trust per stirpes. ARTICLE SIX Trustee Powers The Trustees shall have the following rights and powers exercisable without court approval, in addition to and without limiting the usual rights and powers vested in a trust fiduciary; provided, however, that all of such powers are exercisable only by the Trustees in a fiduciary capacity. Section 1. Power to Retain Assets Held at Death. The Trustees may retain as an investment without any duty of diversification, all property, real or personal, owned by me at my death or received in kind from my Personal Representative. This authority shall specifically include the authority to retain any stock of any corporate Trustee named herein, or in any corporation which controls or is controlled by it, or any of the corporation in which it holds any ownership interest, together with any stock dividends received thereon, or any stock acquired in the exercise of subscription rights, or received by reason of any consolidation, merger or reorganization of such corporate Trustee or any corporation which controls it or is owned by it, without liability for such retention. -4- Section 2. Power to Retain Cash. The Trustees may hold in the form of cash, awaiting distribution or desirable investments, such portion of the funds held in trust hereunder as at any time and from time to time the Trustee in his discretion deems advisable. Section 3. Investment Powers. The Trustees may invest and reinvest the principal held in trust, together with any income accumulated thereon, in such stocks, bonds, mortgages, securities or other property, real or personal, as he deems advisable without being limited to the classes of securities or investments in which trust fiduciaries are authorized by law to invest trust funds. Section 4. Power to Use Nominee. The Trustees may register or carry any investments held by him hereunder in his own name or in the name of a nominee or nominees including that of a corporate Trustee, a clearing corporation, a depository, in book entry form, or to retain any such investment unregistered or in a form permitting transfer by delivery; provided, however, that all such investments shall be so designated upon the records of such Trustee that the trust to which they belong shall appear clearly at all times. Section 5. Power to Sell Real Estate. The Trustees may from time to time sell any and all real estate held hereunder, at public or private sale, for such prices and upon such terms as he deems advisable, and may make, execute and deliver any deed or deeds therefor, conveying title therein in fee simple absolute, or for any less estate, to any purchaser or purchasers, [including anyone or more of my children or their issue for such price as all of my surviving children may agree.] freed and discharged of any and all trusts hereunder. Section 6. Power to Deal With Trust Assets. The Trustees may from time to time sell, exchange, lease, encumber, option or otherwise dispose of all or any portion of the assets held in trust in such manner and upon such terms and conditions as he deems advisable, and may make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted the Trustee, and which shall specifically include the authority to grant leases which extend beyond the period au- thorized by law. Section 7. Stock Powers. The Trustees may from time to time vote by person or proxy any and all stock held in trust and may participate in any reorganization or merger of companies or corporations whose stock is held in trust. The Trustee may exercise any and all conversion, subscription, and other rights of whatever nature, including (but not by way of limitation) stock options with respect to any stocks, bonds, or other securities included in trust and, for the purpose of exercising such rights, shall have the right to sell or otherwise dispose of all or any part of the assets held in trust or to borrow for the purpose of making payment. -5- Section 15. Dealings With Estate. The Trustees may without court approval purchase as an investment for the Trust Estate any property, real or personal, owned by my estate, or, in his discretion, make loans, secured or unsecured, to my estate without liability for the nonpayment thereof. The Trustee is specifically authorized to advance to my estate such sums as may be advisable to aid my executors to exercise any and all options to purchase stock owned by me at my death. Section 16. Employee Benefits. The Trustees may elect to receive or treat the proceeds from any pension, profit-sharing or other similar employee benefit plan made payable to him as having been received by him in a lump-sum or installment payments as he may deem advisable, without liability therefor, such election to be binding and conclu- sive upon all parties. Under no circumstances shall such proceeds which may be excludable from my estate for Federal estate tax purposes be used for the payment of any taxes, debts, administration expenses or other obligations enforceable against my estate, including both probate and nonprobate assets, it being intended that any exclusion of such proceeds from my gross estate for Federal estate tax and Pennsylvania inheritance tax purposes be preserved. Section 17. Business Powers. The Trustees may carryon any business owned and operated by me or my estate as a sole proprietorship or any business conducted by a limited or general partnership of which I or my estate was a partner for whatever period of time the Trustees may deem advisable, and to that end the Trustees shall have the power to do any and all things they deem necessary or appropriate, including the power to pay any negative cash flow, the power to incorporate any such business or hold the stock as an investment, the power to borrow and pledge assets held in trust as security for such borrowing, the power to liquidate or sell any such business or such interests therein at public or private sale and at such times and upon such terms as the Trustees, in their sole discretion, deem advisable, and the power to employ agents to manage and operate such business without liability for the actions of any such agents, or for any loss, liability, or indebtedness of such business, if the management is selected or retained with reasonable care. ARTICLE SEVEN Trustees Section 1. Trustee of Trusts. I appoint my son, GREGORY S. CODNER, as Trustee under this Will. Any individual Trustee serving hereunder shall have the option to appoint as an additional or successor Trustee or Trustees an individual and/or a corporate Trustee which is authorized to engage in trust business in the United States and which corporate Trustee has an amount of trust assets under management which is at least ONE MILLION DOLLARS ($1,000,000). If my said named Trustee is unable or unwilling to act or to continue to act as Trustee, and no successor has been appointed, I appoint my son, GREGORY S. CODNER, as successor Trustee. If DOUGLAS J. CODNER, is unable or unwilling to act as Trustee, and no successor has been appointed, -7- /~ J I appoint, HARRIS SAVINGS BANK, its successors or assigns as Trustee. If any corporate Trustee should be a party to a merger or consolidation, the resultant company ) shall become the successor corporate Trustee hereunder without notice to any other person. ,.."".,^", ~,...A~'. 0/"---/-' Section 2. Delegation of Powers by Individual Trustee. In the event a """,' .A /)...,/ corporate Trustee is appointed as an additional Trustee, the individual Trustee shall have !f " full power and authority to delegate from time to time to the corporate Trustee by an instrument in writing any or all of said individual Trustee's rights, powers and duties hereunder to the end and purpose that it may be enabled to act in all respects for both of the Trustees hereunder during the term of such delegation; provided, however, that such delegation shall be subject to revocation by the individual Trustee upon the delivery of written notice to that effect to the corporate Trustee. Section 2. Administrative Duties. As among the Trustees, any corporate Trustee which may be serving hereunder shall perform all ministerial and administrative duties, including the keeping of the books and records, acting as custodian of the trust property and preparing all necessary tax returns. Section 3. Delegation of Powers by Individual Trustee(s). Any individual Trustee(s) shall have full power and authority to delegate from time to time to any corporate Trustee which may be serving hereunder by an instrument in writing any or all of said individual Trustees' rights, powers and duties hereunder to the end and purpose that the corporate Trustee may be enabled to act in all respects for all of the Trustees hereunder during the term of such delegation; provided, however, that such delegation shall be subject to revocation by the individual Trustee(s) upon the delivery of written notice to that effect to the corporate Trustee. Section 4. Waiver of Bond. No Trustee hereunder shall be required to give bond for the faithful performance of duty in any jurisdiction. Section 5. Compensation and Expenses of Trustees. Any corporate Trustee shall be entitled to receive annual compensation for its services hereunder in accordance with any agreement it shall have made with the individual Trustee, or if no such agreement is reached, then in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. Any individual who is not an income beneficiary of any trust created hereunder shall also be entitled to receive compensation commensurate with his or her services rendered. All Trustees shall be entitled to prompt reimbursement for all expenses reasonably incurred by them in the performance of their duties hereunder, to the extent that such expenses are not customarily included in the Trustee's annual compensation. Section 6. Investment Adviser. The individual Trustees of any trust created hereunder shall have the right to appoint one or more qualified investment advisers to manager all or any portion of such trust; no investment adviser shall qualify for appointment hereunder unless such adviser then has at least ONE MILLION DOLLARS ($1,000,000) of assets under investment management. Any corporate Trustee then serving shall have no obligation to perform an investment review of any assets subject to the management of a qualified investment adviser appointed by the individual Trustees and shall make only such sales and purchases as are directed by such investment adviser. The corporate Trustee shall not be liable to any person in any way for any loss resulting from the directions, or failure to give directions, of such investment adviser. Section 7. Majority Vote. Except as may otherwise be specified herein, any decision to be made by the Trustees of any trust created hereunder shall be made by a majority of the Trustees of such trust acting at that time. Section 8. Resignation of Trustee. Notwithstanding any prOVISIon contained herein to the contrary, any Trustee may resign upon obtaining a receipt and release from the current income beneficiaries and any remaining Trustees of such trust, without the requirement of a court accounting or with only such an accounting as the current income beneficiaries and any remaining Trustees may deem necessary; provided, however, that no provision contained herein shall prevent a court accounting if so desired by the resigning Trustee. If any corporate Trustee acting hereunder becomes unwilling to continue to act as a corporate Trustee, the individual Trustee(s) shall select as a successor corporate Trustee a banking institution or trust company authorized to engage in trust business in the United States and which has an amount of trust assets under management which is at least ONE BILLION DOLLARS ($1,000,000,000), or in the event that the individual Trustee(s) are unable or unwilling to make such a selection, the corporate Trustee shall petition a court of competent jurisdiction to designate and appoint a successor Trustee. Section 9. Replacement of Corporate Trustee. Any individual Trustee of any trust created hereunder shall have the option at any time to remove any corporate Trustee of such trust by appointing as successor Trustee of such trust another corporate Trustee which is authorized to engage in trust business in the United States and which has an amount of trust assets under management which is at least ONE BILLION DOLLARS (1,000,000,000). -9- ARTICLE EIGHT Personal Representatives I appoint my spouse, NANCY M. CODNER, as my Personal Representative under this Will. My said Personal Representative, or any successor Personal Representative, shall have the authority to appoint another individual or a bank as an additional or successor Personal Representative. In the event my said spouse becomes unable or unwilling to serve as Personal Representative, and no successor has been appointed, I appoint my son, DOUGLAS J. CODNER and my daughter, DIANE C. NAJDEK, as successor Personal Representatives. If for any reason either of them should fail or cease to act, I appoint, GREGORY S. CODNER, as Personal Representative in his or her place. In addition to the powers conferred by law, my Personal Representative shall have the following discretionary powers, exercisable without the need to obtain court approval: Section 1. Power to Retain Assets. To retain as part of my estate any property received hereunder, without any duty of diversification. Section 2. Power to Invest. To invest and reinvest the principal of my estate in such stocks, bonds, mortgages, securities or other property, real or personal, without being limited to the classes of securities or investments in which fiduciaries are by law authorized to invest funds. Section 3. Power to Deal with Assets. To sell, exchange, lease, encumber, option or otherwise dispose of all or any portion of my estate, real or personal, in such manner and upon such terms and conditions as are deemed advisable, and to make, execute and deliver any documents necessary to effectuate any powers herein granted. Section 4. Tax Powers. In connection with the making and filing of all income tax, estate, inheritance and other death tax, gift tax and other tax returns and the paying of such taxes, to make such elections, decisions, concessions and settlements, including extensions of time for the payment of any federal estate taxes or other taxes due, as may be deemed proper, without liability to any person thereby affected, and without the necessity of making compensating adjustments. Section 5. Power to Distribute in Kind. To make distributions of my estate in cash, in kind, or partly in cash and partly in kind; and to make non-pro rata distributions in kind without consideration of the income tax basis of the assets distributed. Section 6. Real Estate and Proceeds. I do not wish to have the value of my estate reduced by the forced sale of any real estate which I may own at my death. I therefore authorize my Personal Representative to retain such real estate until such time as it can be sold for its fair market value and, if necessary in order to provide funds for the payment of any debts, expenses, estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death, I authorize my Personal -10- Representative to borrow money and for that purpose to mortgage any such real estate and to execute and deliver all notes, bonds, mortgages, and other instruments and to perform all acts necessary, proper or convenient in connection therewith, any and all such loans and mortgages to be made in the sole discretion of my Personal Representative and for such amounts and upon such terms as my Personal Representative deems proper. I authorize my Personal Representative, without the necessity of petitioning any court for approval or confIrmation, to sell at any time, all or part of the real estate which I own at my death and which is a part of my residue, to anyone or more of my children or their issue for such price and upon such terms and conditions as all of my surviving children may agree. Section 7. Business Powers. My Personal Representative may carry on any business owned and operated by me or my estate as a sole proprietorship or any business conducted by a limited or general partnership of which I or my estate was a partner for whatever period of time my Personal Representative may deem advisable, and to that end my Personal Representative shall have the power to do any and all things deemed necessary or appropriate, including the power to pay any negative cash flow, the power to incorporate any such business or hold the stock as an investment, the power to borrow and pledge assets held in trust as security for such borrowing, the power to liquidate or sell any such business or such interests therein at public or private sale and at such times and upon such terms as my Personal Representative deems advisable, and the power to employ agents to manage and operate such business without liability for the actions of any such agents, or for any loss, liability, or indebtedness of such business, if the management is selected or retained with reasonable care. Section 8. Waiver of Bond. No Personal Representative hereunder shall be required to give bond for the faithful performance of duty in any jurisdiction. -11- ARTICLE TEN Source of Payment of Debt. Expenses and Taxes All estate taxes, inheritance taxes, transfer taxes, and other taxes of a similar nature, together with any interest or penalties thereon, payable by reason of my death upon the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, and all debts, costs of administration and other proper expenses paid by my Personal Representative shall be paid from the principal of my residuary estate passing hereunder, without reimbursement from or apportionment among the legatees or devisees or persons having a beneficial interest in any such property. recipients, or owners of such property. Assets sold by my Personal Representative to make payments hereunder shall be selected, to the extent advisable, so as to minimize the recognition by my estate of gain for income tax purposes. My Personal Representative may enter into such agreement or make such election to pay all or any part of the death taxes on any future interest as may be deemed appropriate, and such agreement shall be binding upon all parties in interest. ARTICLE ELEVEN Interpretation of Will Section 1. Singular and Plural: Use of Gender. Whenever used herein, the singular shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. Section 2. Defmition of Child. Children. or Issue. Whenever the terms "child" "children" or "issue" are used herein, such terms shall not include adopted children, regardless of the date of adoption. I intend to include only natural offspring when using such terms. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. Section 3. Captions. The captions of articles and sections of this Will are for convenience of reference only and shall not affect the interpretation of this Will. Section 4. Governing Law. I hereby declare that I am a domiciliary of the Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership of any property passing at the time of my death other than under this Will, and that no succession laws of any other nation or state shall have any applicability to this Will or the ownership of any other property passing at the time of my death other than under this Will. -12- IN WITNESS WHEREOF, I have ~reunto set my hand and seal to the original of this Will only this 2..3 day of v LJ.u~ , 1999. ( r..L., . a: ~EAL) JOHN R. COD R Signed, sealed, published and declared by JOHN R. CODNER, as and for said person's Will in the presence of us and each of us, who, at said person's request, in said person's presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. 72-i?2./ Residing a! /fz,//I'>~,j) ~A /}~"- (~esiding at / h/ tfLL 5' Vi L Lr1, . pi;Jf . -13- ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) Wi lIitf.;y(l [..J~(\jbh , and We, 1h>rr4J P. 0aUi -J~r<.6~ , the Maker of this Will and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Maker signed and executed the instru- ment as the Maker's Last Will and that the Maker signed willingly, and that the Maker executed it as the Maker's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Maker, signed the Will as witnesses and that to the best of their knowledge the Maker was at that time eighteen years older, of sound mind and under no constraint or undue influence. ,~~~ JO}LOD ~~ Witness ~~2-R~_ Witness SUBSCRIBED, sworn to and acknowledged before me b1-d~ R.... ~ the Maker, and subscribed and sworn to before me by IMa'S "P 6aCLi, u)illcCtm [.J~~ , witnesses, thi&l3fd day otJlA/1tL-. , 1999. Notarial Seal Wenr!y Bratton Diem, Notary Public Hanisburg, Dauphin County My Commission Expires Jan. 3, 2002 Member, Pennsylvania Association of Notaries BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF JOHN R. CODNER, DECEASED NO 21-2006-1157 DECREE OF THE REGISTER OF WILLS AND NOW, this 28th day of December, 2006, upon consideration of the Petition for Grant of Letters filed by Nancy M. Codner, for the above decedent and the instrument offered for probate as the Will of John R. Codner, which is dated June 23, 1999, the Register of Wills having given consideration thereto, has made an official determination regarding the Will of John R. Codner and renders the following decision: IT IS DECREED that the Will is admitted to probate as originally written. The handwritten words in the left margin of Page 8 are not admitted to probate, as they appear to be an addition to the Will, however the testator did not sign the alteration. IT IS FURTHER DECREED that Letters Testamentary are hereby issued to Nancy M. Codner this date. Nancy M. Codner shall have all the rights and duties of a fiduciary under the laws of Pennsylvania and shall proceed with the administration of this estate according to law. .~~.~ Glenda Farner Strasbaugh, Register of Wills :) i'--....) c::> c::~ 0..... CJ Pl (') N co -~r) h"l '""") ('l Ccb '- ~~) 1 (71 . ) 1::;1 )CJ i _:_) '11 (""'5 ; "{"-'( --0 ::I: W W N '::-:) \ 1, In Re: JOHN R. CODNER ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-06-1157 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 12-28-06 JUDGE'S INITIALS: GFS TIME STAMP DATE: 12-28-06 IN RE: DECREE OF REGISTER OF WILLS """""""""""""""""""""""""""""""""""""",""""""""""""""'""""""""" SERVICE TO: WILLIAM MILLER ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE ~ CLERK OF ORPHANS COURT MAILED: 12-29-06 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: