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HomeMy WebLinkAbout07-29-08IN RE TRUST FOR IN THE COURT OF COMMON PLEAS PATRICIA C. HOFFMAN :CUMBERLAND COUNTY, PENNSYLVANIA (ORPHANS' COURT DIVISI~T) ~ ~_~ c = p ~ s-_~ i r~ ~ rz-; "7 . NO. '01 ~ ~ ~-z99F1~ ' ~ ~ r `' ~ 1 ~~ N ~ ~ ~%l =-i`~ ~` ;; PETITION f ~ -- - ` Y 1 1. Benjamin F. Hoffman, as Testator, created a Special Needs Trust in Article SIXTH of his Last Will and Testament dated May 22, 2006. Copy of the said Last Will and Testament which was admitted to probate on March 26, 2007 at No. 21-07-0287 is attached hereto, made a part hereof and marked Exhibit "A". 2. Under Article EIGHTH of the said Will, Testator named Hershey Trust Company and Sonya M. Montgomery as Co-Trustees of the Trusts created in said Will. Testator contributed the property and desired that it be held in trust to provide for the beneEt of Testator's daughter, PATRICIA C. HOFFMAN under standards set forth therein. 3. HERSHEY TRUST COMPANY wishes to renounce its appointment as Co- Trustee. 4. Patricia C. Hoffman, Sonya M. Montgomery and Hershey Trust Company, have agreed that the Hershey Trust Company renounce its appointment, and Patricia C. Hoffman, Sonya M. Montgomery and Michael Cherewka, Esquire, have agreed that Michael Cherewka, Esquire, should become Successor Co-Trustee under the said Trust Provision. 5. Patricia C. Hoffman, Sonya M. Montgomery, Hershey Trust Company and Michael Cherewka, Esquire, have agreed that no purpose would be served by Hershey Trust Company, filing an account since it never agreed to act as Co-Trustee. 6. Patricia C. Hoffman and Sonya M. Montgomery have agreed to indemnify Hershey Trust Company against any and all claims arising out of Hershey Trust Company being named as Co-Trustee under said Trust Provision. WHEREFORE, the undersigned respectfully request this Honorable Court (a) to approve the renunciation of Hershey Trust Company as Co-Trustee under the said trust; (b) to approve the appointment of Michael Cherewka, Esquire as Co-Trustee in the said trust; (c) to waive the requirement that Hershey Trust Company file an account since it performed no services as Co-Trustee; (d) to approve the cancellation by Hershey Trust Company of any powers or duties given them under the said Trust Provision, and to approve the imposition of 05!01/08 1 the said powers and duties arising from the said Trust Provision upon Michael Cherewka, Esquire, Co-Trustee, and (e) discharge Hershey Trust Company from any and all liability for the administration of the Trust, Dated: 6 June 2008 ATTEST: ~~C WITNESS: C~1 Patricia C. Hoffman ;' Sonya M. ontgom rustee HERSHEY TRUST COMPANY (Trustee) s, ~,~- MICHAEL CHEREWKA, Michael Gherewka, Esquire 05/01/08 WITNESS: IN RE TRUST FOR IN THE COURT OF COMMON PLEAS PATRICIA C. HOFFMAN :CUMBERLAND COUNTY, PENNSYLVANIA (ORPHANS' COURT DIVISION) NO. ,YEAR 2008 ORDER AND NOW, this day of 2008, upon consideration of the foregoing Petition, IT IS ORDERED (a) that the renunciation of HERSHEY TRUST COMPNAY as Co-Trustee under the Last Will and Testament, set forth in the foregoing Petition is approved; (b) that Michael Cherewka, Esquire is hereby appointed Co-Trustee in the trust created by the said Last Will and Testament; (c) that the Hershey Trust Company shall be excused from filing an account in the aforementioned trust; (d) that the powers and duties given to HERSHEY TRU5T COMPANY under the aforesaid Trust Provision are cancelled and the said powers and duties are hereby imposed upon Michael Cherewka, Esquire; and (e) HERSHEY TRUST COMPANY is discharged from any and all liability for the administration of the Trust. BY THE COURT 05/01/08 e LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, BENJAMINF. HOFFMAN currently residing in Enola, Cumberland County, Commonwealth of Pennsylvania, .being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FH2ST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration and claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon; to my daughter, PATRICIA HOFFMAN., In the event that PATRICIA HOFFMAN should predecease me, I give, devise and bequeath my tangible personalty'to my granddaughter, SONYA M. MONTGOMERY. THIRD: I give, devise and bequeath my house at 1622 Holtz Road, Enola, Cumberland County, Pennsylvania, and the lot behind it which I own, to my granddaughter, SONYA M. MONTGOMERY. Should my granddaughter, SONYA M. MONTGOMERY predecease me, then my house at 1622 Holtz Road, Enola, Cumberland County, Pennsylvania and the lot behind it shall be sold and the proceeds added to the residuary of my estate under Article SIXTH. FOURTH: I give, devise and bequeath my one-fourth (1/4) interest in a certain farm at Beard's Road and Wertzville Road, Enola, Cumberland County, Pennsylvania, consisting of approximately 9 acres, to be divided as follows: A. One-third (1/3) to the Trust created under Article SIXTH hereof for my daughter, PATRICIA C. HOFFMAN. B. One-third (1/3) thereof to my granddaughter, SONYA M. MONTGOMERY, if she survives me. If my granddaughter, SONYA M. MONTGOMERY does not survive me, I devise and bequeath her one- third (1/3) share to her issue, per stirpes, who survive me. C. One-third (1/3) thereof to my nephew, BOB SHUTTLESWORTH, if he survives me. If my nephew, BOB SHUTTLESWORTH does not survive rne, I devise and bequeath his one-third (1/3) share to the Trust created under Article SIXTH hereof for my daughter, PATRICIA C. HOFFMAN. FIFTH: I give, devise and bequeath my one-fourth (1/4) interest in certain mountain land consisting of approximately 10 acres to be divided as follows: A. One-third (1/3) to the Trust. created under Article SIXTH hereof for my daughter, PATRICIA C. HOFFMAN. B. One-third (1/3) thereof to my granddaughter, SONYA M. MONTGOMERY, if she survives me. If my granddaughter, SONYA M. MONTGOMERY does not survive me, I devise and bequeath her one- third (1/3) share to her issue, per stirpes, who survive me. C. One-third (1/3} to my nephew, BOB SHUTTLESWORTH if he survives me. If my nephew, BOB SHUTTLESWORTH does not survive me, I devise and bequeath his one-third (1/3) share to the Trust created under Article SIXTH hereof for my daughter, PATRICIA C. HOFFMAN. SIXTH: I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal, or mixed, and of any nature whatsoever and wherever situate, to the TRUSTEE hereinafter named, IN TRUST, for my daughter, PATRICIA C. HOFFMAN, as follows: 1. Income and Principal Distributions in My Trustee's Discretion: My Trustee shall apply to or for the benefit of my daughter, PATRICIA C. HOFFMAN as much of the nef income and principal of the trust share as my Trustee; in its sole and absolute discretion, deems necessary or advisable for the special needs of my daughter, PATRICIA C. HOFFMAN which are not otherwise provided by governmental financial assistance and benefits, or by the providers of services. 2 Any net income not distributed to my daughter, PATRICIA C. HOFFMAN shall be accumulated and added to principal. 2. Distributions for Special Needs: "Special needs" refer to the requisites for maintaining the good health, safety, and welfare of my daughter, PATRICIA C. HOFFMAN when, in the discretion of my Trustee, such requisites are not being provided by any public agency, office, or department of any state or of the United States. "Special needs" shall also include, but not be limited to, medical and dental expenses, annual independent checkups, clothing and equipment, programs of training, education, treatment and rehabilitation, private residential care, transportation (including vehicle purchase), maintenance, insurance, and essential dietary needs. "Special needs" may include spending money; additional food; clothing; electronic equipment such as radios, record players, television sets, computer equipment; camping; vacations; athletic contests; movies; trips; and money to purchase appropriate gifts for relatives and friends. 3. Supplemental Nature of the Trust: My Trustee shall have no obligation to expend trust assets for such needs, but if my Trustee, in its sole discretion; decides to expend trust assets, under no circumstances should . any amounts be paid to, or reimbursed to, the federal government, any state, or any governmental agency for any purpose, including for the care, support and maintenance of my daughter, PATRICIA C. HOFFMAN. Because my daughter, PATRICIA C. HOFFMAN is dependent on the support and aid of others, my Trustee shall, in the exercise of its best judgment and fiduciary duty, seek support and maintenance for my daughter, PATRICIA C. HOFFMAN from ah available public resources including, but not limited to Social Security Administration benefits, Supplemental Security Income (SSI), U.S. Civil Service Commission benefits, Medicaid, Federal Social Security Disability Insurance (SSDI), and any other comparable programs, state, federal or local. ,~._~ ~3 If necessary, my Trustee may seek appropriate authority to collect, expend, and account for separately all such governmental assistance benefits, but shall not commingle them with these trust assets. In addition, in making distributions for the special needs of my daughter, PATRICIA C. HOFFMAN; my Trustee shall take into consideration the applicable resource limitations of the public assistance,programs for which my daughter, PATRICIA C: HOFFMAN . is eligible. No part of the trust share set aside for my daughter, PATRICIA G HOFFMAN shall be used to supplant or replace public assistance benefits of any state or federal agency which has a legal responsibility to serve persons with illnesses or handicaps which are the same as or similar to the disorders of my daughter, PATRICIA C. HOFFMAN. 4. Protection of the Tn.2st Property: No interest in the principal or income of the. trust share set aside for my daughter, PATRICIA C; HOFFMAN shall be anticipated, assigned, or encumbered, or shall be subject to any creditor's claim or to legal process, prior to its actual receipt by my daughter, PATRICIA C: HOFFMAN. My daughter, PATRICIA C. HOFFMAN is specifically prohibited from any right to xeceive, demand, secure, give, assign, transfer, mortgage, borrow against or will any trust assets or income, It is ~my intention to conserve and maintain this trust share for the special needs of my daughter, PATRICIA C. HOFFMAN: Therefore, no part of this trust share, neither principal nor undistributed net income, shall be subject to the claims of voluntary or involuntary creditors for the provisions of care and services, including residential care, by any public entity, office, department, or agency of any state or government agency, or of the federal government of the United States..._ ~ .~.~-- - 5. Early Termination of the Trust: . In the event that it is determined by either a court or an authority of competent jurisdiction that these trust assets render my daughter, PATRICIA C. HOFFMAN ineligible to receive any governmental assistance benefits, or if my Trustee, in its sole and absolute discretion, determines that; notwithstanding the provisions set forth above, this trust. share may be subject to garnishment, attachments; execution or bankruptcy proceedings by a creditor of my daughter, PATRICIA C. HOFFMAN or by the federal or state government, or any agency or subdivision thereof, then my Trustee shall terminate the trust share set aside for my daughter, PATRICIA C. HOFFMAN and distribute the remaining principal and accrued income as set forth in Paragraph 7 of this Arkicle SIXTH of this V~ill. 6. Authority of My Trustee to Ixutiate Leal Proceedings: In determizung whether the existence of the trust share has the effect of rendering my daughter, PATRICIA C. HOFFMAN ineligible to receive any governmental assistance benefits, my Trustee is hereby granted full and complete discretion to initiate administrative or judicial proceedings for the purpose of determining eligibility. All costs related thereto, including reasonable attorney's fees, shall be a proper charge to the trust share of my daughter; PATRICIA C. HOFFMAN. 7. Death .of My Dau ter: . Upon the death of my daughter, PATRICIA C. HOFFMAN, or should she predecease me or not be living at the time of my death, I give, devise and bequeath the rest, residue and remainder of this Trust or of my estate, to the. TRUSTEE hereinafter named, in two equal shares, each share to be held IN SEPARATE TRUSTS, as follows: (a): Trust for ~xanddaughter, SONYA MONTGOMERY. My Trustee shall take one share and create a trust for the benefit of my granddaughter, SONYA M. MONTGOMERY. The Trustee shall hold, manage, invest and s reinvest the property in such trust and collect the income therefrom until my granddaughter has. attained the age of fifty (1) While my granddaughter, SONYA M. MONTGOMERY is under the age of twenty-five years, my'Trustee shall use for her benefit so much of the income of her trust as my Trustee, in its sole discretion, considers necessary or desirable, for her welfare, support, health, education (including college, both undergraduate and graduate, and technical school) and maintenance2 taking into consideration her other readily available assets and sources of income. ~ . (2) Whenever my Trustee, in its sole discretion, determines that the income of my granddaughter, SONYA M. MONTGOMERY from- all sources . known to the Trustee is not sufficient for her reasonable welfare, support, maintenance, health and education (including college, both undergraduate and graduate, and technical school), and that of her immediate family, the Trustee may payto her, or use for her benefit, so much of the principal of her trust as the Trustee, in its sole discretion, determines to be required for those purposes. (3) After my granddaughter, SONYA M. MONTGOMERY attains age twenty-five, thereafter to pay to my granddaughter, SONYA M. MONTGOMERY the net income together with so much of the principal thereof as Trustee, in its sole discretion, shall consider advisable for the welfare, health, support~and education (including college, both undergraduate and graduate,' and technical school), of my granddaughter,. SONYA M. MONTGOMERY after taking into consideration her other readily available assets and sources of income. (4) . When my granddaughter, SONYA M. MONTGOMERY shall have attained the age of thirty years my Trustee shall distribute to-her an amount equal to twenty (20%) percent of the then remaining principal and accumulated income of her trust. ` (5) . When my granddaughter, SONYA M, MONTGOMERY shall have attained the age of fifty years, my Trustee shall distribute to her, the balance of her trust, including all principal and any accumulated income, and her trust shall thereafter terminate. (6) Upon the death of my granddaughter, SONYA M. MONTGOMERY, prior to termination of her Trust, the Trustee shall distribute her trust, as then constituted, in equal shares, to the trusts for the benefit of her issue, .created in this Article.~IXTH, Seetion:7, Paragraph (b). (7). , The Trustee may make payments to or on behalf of any person who is the beneficiary of any trust hereunder but in no event, however, shall payments be made, to any creditor or other such person because of anticipation of paymerit.by the beneficiary, and any such claim made by way of anticipation by the beneficiary~shah be of no validity or legal effect. (8). The Trustee, at its discretion, may exhaust all of the principal and income in carrying out the purposes of this trust and should the amount held in trust become less than $25,000 indexed.for inflation from the date of this will, the Trustee may pay the total amount of said trust directly to the beneficiary or to a parent or guardian of said~beneficiary ar place said amount in a savings account for the benefit of said minor until said minor becomes of age. (b) Trusts. for the children of Sonya M. Montgomery: My Trustee shall take the remaining share and shall create SEPARATE TRUSTS for the; benefit of each of the children. of my granddaughter, SONYA lvl. MONTGOMERY, who survive my daughter. The Trustee shall hold, manage, invest. and reinvest the property ~in such trust and collect the income therefrom until each of my granddaughter's children liar attained the age of fifty. (1) While any such child is under the age of twenty-five years, my Trustee shall use for his or her benefit so much of the income of his ~or her trust as my Trustee,, in its.sole discretion, considers necessary or desirable, for his or her welfare, support; health, :education (including college, both undergraduate .and graduate, and technicalschool) and maintenance of my grandchild, taking into consideration his: or her other readily available assets and sources of income: o ~ -;~, ~-~ (2) .Whenever my Trustee determines that the income of any such child, from all sources known to the Trustee is not sufficient for his or her reasonable support, welfare, maintenance, health and'education, (including college, both undergraduate and graduate, and technical school)'and that of his or her immediate family, the Trustee may pay to him or her, or use for his or her benefit, so much of the principal of his or her trust as the Trustee; in its sole discretion, determines .to be required for those purposes. (3) After any such child attains age twenty-five, thereafter to pay to. such child; the net income together with so much of the principal thereof as Trustee, .in its sole discretion, shall consider advisable for the health, welfare, support, maintenance and education (including college, both undergraduate and graduate, and technical school) of my grandchild after taking into consideration his or her other readily available assets and sources of income. (4) When any such child shall have attained the age of thirty years my Trustee shall distribute to him or her an amount equal to twenty (20%) percent of the then remaining principal and accumulated income of his or her trust. (5) When any such child shall have attained the age of fifty years; my Trustee shall distribute to him or her the balance of his or her trust, including all principal and any accumulated income, and his or her trust shall thereafter terminate. (6) Upon the death of any such child, prior to termination of his or her Trust, the Trustee shall distribute his or her.trust, as then constituted, his or. her issue, per stirpes. (7), The Trustee may make payments to or on behalf of any persom who is the beneficiary of any trust hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. (8). -The Trustee, at its discretion, may exhaust all of the principal and income in carrying out the purposes of this trust and should the amount held in trust become less than $25,000 indexed for inflation from the date of this will, the . ---° Trustee may. pay the total amount of said trust directly to the beneficiary or to a parent or guardian of said beneficiary or place said amount in a savings account for the benefit.of - said minor until said rriinor becomes of age. SEVENTH:. I hereby nominate, constitute.and appoint my granddaughter, SONYA M. MONTGOMERY, as Executor of this, my Last Will and Testament. In the event that SONYA M. MONTGOMERY shall ,predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate; constitute and appoint HERSHEY TRUST COMPANY without necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament. All references to the Executor herein shall be applicable to said substitute Executor EIGHTH: I hereby nominate, constitute and appoint my granddaughter, SONYA M, MONTGOMERY and HERSHEY TRUST COMPANY, as Co-Trustees of the trusts created under ARTICLE SIXTH of this my Last Will and Testament, without the necessity for posting security. regardless of state of residence. Should my granddaughter predecease me, or should she die or otherwise cease to act as Trustee hereunder prior to termination of the Trusts created under Article SIXTH; HERSHEY TRUST COMPANY shall remain as the sole Trustee hereunder: Resignation and Removal of Trustees. A 'Trustee may resign by giving written notice to the Primary Beneficiary of the Trust, and to any other Trustee then serving. A Trustee's notice of resignation shall become effective upon the successor Trustee's acceptance of appointment. The Primary Beneficiary of any Trust may remove the Trustee of that Trust if one is serving, with or without cause, at any time. A Trustee may be removed under this subsection only if; on or before the effective date of removal: (i) the person or persons whom I have named as successor Trustee(s) have accepted appointment as Trustee(s), or if no designated successor Trustee is able and willing to act as Trustee, ,~ 9 (ii) the person or persons having the right of removal appoint an attorney, a certified 'public accountant or a corporate fiduciaryahat simultaneously commences.service as . - ~ Trustee.`: Any Trustee so appointed may not be related or subordinate to ahe' person or persons having the right of removal within the meaning of Section 672(c) of the Internal Revenue'Code:.' If a beneficiary is a minor or is incapacitated, the parent or Jegal representative of the beneficiary may act on behalf of the beneficiary. Notice of removal shall be in writing and shall be delivered to the Trustee being removed, along with any other Trustees then serving. The notice of removal shall be effective in accordance with its provisions. Notice of appointment shall be .in writing and shall be delivered to the successor. Trustee and other Trustees then serving. The appointment shall become effective at the time of acceptance by the successor Trustee. A copy of the notice shall be attached to this Agreement. 1~INTH: My Executor and Trusteeshall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, transfer, partition, give options . 'upon; Lease, mortgage; pledge or otherwise dispose of any property, real or personal, ~at any time constituting a portion of my' estate, and upon such terms and conditions as the Executor and Trustee shall deem wise. 2. To invest. any .money at any time in such bonds, stocks; notes; real estate, mortgages, life insurance, annuities or other securities, or such- property, real or personal, as .the Executor or Trustee shall deem wise; without being limited by any statutes or rule of law regarding investments by the Executor or Trustee. 10 3. To retain, without incurring any liability, as investments, any property _ owned by me at the time of my death, as long. as my Executor or Trustee may deem it wise, and even though such property is not the kind of property an Executor or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other orgazuzation, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor or Trustee is necessary to obtain the benefit of any such reorganization, consolidation, readjustment ar sale; to exercise .any conversion privilege or subscription right given to my Executor or Trustee as owner of any securities constituting a .portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensations to Executor or Trustee which shall be in accordance with established. fees ahroughout the period of administration of my estate. 7. ~ To determine what is "income"~ and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor or Trustee may determine. 8. The Executor'and Trustee may make payments to or on behalf of any person who is the Beneficiary hereunder but in no event; however,~shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. ~ U~ ,. 1 9: To borrow money from any person, firm or corporation, including any corporation acting as' an. Executor or Trustee hereunder, for the purpose of protecting and . . preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts. so borrowed. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay reasonable compensation out of my estate or any funds.held hereunder to which.said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as they shall deem best. 12. T'o do all other acts in their judgment necessary or desirable for the. proper and advantageous management, investment and distribution of my estate. TENTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, pxoperry or insurance proceeds to which such .taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that. my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WETNESS WHEREOF, I, BENJAMINF. HOFFMAN, the Testator to this, my East Will and Testament, typewritten on fourteen sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the ,~..,?,~ _~~ day of 2006. ENJAM F. OFFMfiN 12 The preceding instrurrierit consisting of this acid thirteen other typewritten pages, each identified by the signature of the Testator, B'ENJAMINF HOFFMAIV, this day and date thereof signed, published and declared by BENJAMIN F. HOFFMAN, the Testator therein named, as and for his Last Will, in the presence of us who, at-his request, in his presence, and in the presence of each other have subscribed our names as witnesses. 13 COMMONWEALTH OF PENNSYLVANIA - SS COUNTY OF CUMBERLAND I, BENJAMINF.'HOFFMA ,Testator whose name'is signed to the. attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary.act for the purposes therein expressed: ,~ BENJAMIN FFMAN Sworn or affirmed to and acknowledged before me by BENJAMIN F. HOFFMAN, Testator, the _~_ day of ~~~ , 2006. (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Notary Public COMMONWEALTH OF PENNSYLVANIA .Notarial Seal Michael Cherewka, Notary Public Wom>feystwr9 Born, Cumberi~ County My Commission Expires Apr. 27, 2009 Member, Pennsylvania Association of Notaries We ~~ Leict~i and T n+:~ di ,the witnesses whose names are signed to the attached or foregoing instrument, being.duly qualified according fo law, do depose and say-that we were present and saw Testator sign and execute the instrument .a5' his Last Will; that he signed willingly'and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. r ~ - ~ Sworn or affirmed to and subscribed to before me by ~lt~~ ~tzyt and TiY>Lt.. ~~,.tdi witnesses, this day of (mil , 2006. . (SEAL} /~~~~ COMMONWEAZ:~'Fi OF PENNSYLVANIA Notarial Seal Michael Cherewka. PtotaN Public WortNeYsbur9 Born, Cumberland County 14 My Conunission F~cpires Apr. 27, 2009 Member, Pennsylvania Association of Notaries