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Home My WebLink About02-27-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of KEViN T. NOONAN also known as TIMOTHY J. NOONAN Petitioner(s), who is/are 18 }ears of age or older, apply(ies) tor: (COMPLETE ',4' ar 'B' BELOW:) Deceased Social Security Number 164-52-002 / A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are [he Executor last Will of the Decedent dated 09/26/2008 and codicil(s) dated (Slate relevant cirrunatances, e.g.. renunciation, death of execmor, etc.) Except as follows. Decedent did not marry, was not divorced. and did not have a child born or adopted after execution ohthc instrument(s) offered for probate. was not the victim of a killing and was never adjudicated an incapacitated person: Q. Crant of Letters of Administration (/f applicable, enter: c. t. a.: d. b. n. e.t.a: pendente life: duranteabsentia: durnnre nrinorfmte) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) heirs: (/f Administration, c. 1. a. or d.li.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) a c~ _- , Name Relationship t<esuxw~ r'r'1 .~ ! _,d - ~. -- .~. -- -> F't't -~ - _-i C.-~ ~" _ , --~ C -n ~ _ r. } (COMPLETE !N ALL CASES:) Attach additiotza! sheets if necessary. ~A ~ ~ ,, Cumberland Count ~ Penns lvania with his /her last principal r~3ldence at ~ Decedent was domiciled at death in y• y 8 3808 Pama Drive Ham den Townshi Cumberland Count Mechanicsbur PA 17050 (List street address, town/city. toirnshfp, count}~, state, zip code) Decedent. then 44 COUNTY, PENNSYLVANIA File Number ~ ~ ~ ~ ~~~a years of age, died on February 20, 2009 at Holy Spirit Hospital, Camp Hill, PA Decedent 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) Personal property in County Valve of real estate in Pemnsylvania situated as follows: 3808 Pamay Drive, Hampden Township, Cumberland County, Mechanicsburg named in the x,500.00 441,990.00 Wherefore, Petitioner(s) respectlldly request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters m the appropriate Form to the undersigned. i nature T ed or rimed name and residence / _ _ ~ _ TIMOTHY J. NOONAN - 1022 N. Waterford Way, Mechanicsburg, PA 17050 Form R6Y-02 reti~. ]0.13.06 Pate I Ot 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. ~ ~ Sworn to or aff •rrned and subscribed before m~ the ~Y~_ day of ~ -a~ - ~ r For the Register of Per Signature of Personal Represen~ntire n C ~ '-=i.J ~~ ~ -'r2 Signann'e q~Personnl Ke/~resenauiwe a 17 ~' cn `~~ ---, -~"t C7D fU J v ~ cD File Number: ~ ~ Q~1 b,~Z D ~ O Estate of KEVIN T. NOONAN ,Deceased f','' 4-^==~ ~~ ::_ ~..- ._} - _ t`=:~ -~- ~:.:7 ~. Social Security Number: 164-52-0052 jy~ Date of Death: February 20, 2009 AND NOW, ~~~ ~~ ~Q h`~~~~ ~`~'~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DEC~ED that Letters Testamentary are hereby granted to Timothy 7. Noonan in the above estate and that the instrument(s) dated September 26, 2008 - described in the Petition be admitted to probate and file d of record as the last Will nd Codicil(s)) of Decedent. FEES L/e..{ ~.1G ~~~~ ~ i ~ t $ ~'U Regis r of 6b'ills I 1. Letters ..!./. . • I ~ • Short Certificate(s) .. !~~.. . $ ~G Attorney Signature: iation(s) ......... Renunc . $ Attorney Name: JO ZONA ICH, ESQUiRt -- 1 (~AJ1~I .. $ l~ J ~ P , . . $ /~ Supreme Court LD. No. : 79989 -'tom ~ ~ $ S 17 SOUTH 2ND STREET. 6TH FLOOR -% Address: .. . $ $ HARRISBURG, PA 17101 .. . $ .. . $ •• • $ Telephone: 717-233-1000 .. . $ TOTAL ............. ~ti ~_ . $ '~~® Pale 2 of 2 Form R41'-0? rer. 10.13.0( ln,,,iSlti~.~ ._~_ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. y6.00 P 15_216515 Certification Number This is to certify- that the information here gi~e)1 i~ correctly copied f~(~om an ori~~inal Certificate of Death duly filed with n~je as Local Registrar. 7~he original certificate wi13 he forwarded to the Sta[e Vital Records Office t~lr permanent tiling. 4'!i!A/ 6~~1A ~A .mil'\!~; \ d ~~~ !(.'/ , . f.UCtll Rc< I~t1A!" ~ Da)C' ISSUCd ~ n °,~ , ~;?7 "Tl ice-. -: y ~ N ;-~, -;„I _ y ~ ~~ , _- _ _ ~ D ~ _ `. t.,i -, -- O ., O HIJS-1,3 REY 11~10t>6 TYPE PFINT M PERIdAtIENi BLACK INK rz 0 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH \ ~ b~'1 ~\Gl~ ISee instructions and examples on reverse) crarc PII r. NunaRFR d 1. Narne W Decedent (Fall. coddle. last, sutlix) 2. Sex 3. Social Sewnry Number 4 Date d Death (Monty, my, year) Kevin T. Noonan ~'lale 154 - 57 - 0052 ~'ehrua ?.0 2004 5. Age p.asl BlMtlayl UMer 1 year Unmr /Day 6. Dale of BIM (Montle, day. aU 7. Binhpuce (City ant stale a lore counWl Ba. Place d Dean ICheck od one) Numns nys nuurs kenwes HosP'MI. Other. 44 Yes December 29 1964 S racuse NY fXJ lnpalianl ^ER /OmpalreN ^DOA ^Nursmy HOme ^Residence ^Omer Spec,ty. db County of Dean Bc. Clry, Boro, Twp. of Dean Btl. FeciDly Name (tl not insutulkn, give sveel arq rwmDer) 9. Was Decedent d Napanic Origin? [~ No ^Yes t0 Race: American Indan. Buck, While, ek s 'i Cumberland East PennsbOro pa< QI yes, spealy Cuban, I M Hol Spirit HOS ital Mexican,PuenoRiran,ekj white t t. Deceden's Usual Occ~ Don Kkd d work done dun most of womn Dle Do cwt slate reared 12. Was Decemnt ever n tie 73. DecetleM's Education (Specify Dory hyhev grade completed( 14. Marital Status: M reed, Never Marrieo, t 5 Survwinq Spouse (II wde, give malaen name) W~~' Drvwad Isper,'M Kind d Wak Kine of Business / IMusby U.S. Armetl Forces? Elerrlenury / Secontlery (0-f 21 Cogega (1-4 or 5x1 F~l E.~ate - Real Estate ^Yea Cep 4 D'v c 16 Decedents Mailnq Addles (Street, city /town, slate, :ip cotlel Decedent's Dld Decedent v'T~ Pennsylvania LivenB 77c ®Yes Decedent LneJ In 'Y~1U-xx,en TwF 3808 Pamay Drive Aclualflesbence 17x. Seale Cumberland Tpwnahp? nd ^ No, Decemm Lied wino Mechanicsburg, PA 17050 nDCaanly AdaalLmitsot cay;earn 1B. Panel's Name (First. mnlde, last, sutlix) 19. Mdhar's Name (Fist made. maiden swrulteel Timothy J. Noonan Carol J. Smithlin 20a Informants Name ITYPe : Prnq 20b. nlormant's Maikng Address ISbev, mY I bwn, stale, zq code) Timoth J. Noonan 10?2 T z, a. Metnotl of Disposaon ' ^ Crematron ^ Donation 210. Date a Dispovlion (Mann, day. rear) 21c. Place d Disposition Marna d cemetery, aemarory a atlear plxe( 21d. location (cry r sown. vela zip cam) [~ Burial ^ F~nwvd hone Style I Wae Cremationm DOnallen AUlhoriud [] OI er . SPar'Ay. j by Yedcal Examiner I Cororxr? ^Yes ^ No Februa 24 200 Chestnut H' 11 22a lure d F v Servke Licerysee tar personacD g as such) 22D. Lkense Number 22c. Name ant Address d Fac4ny Fj Market ?laze Way J F ~ '~ f,.- !~` FD - 014$89 1 zz' M Mete I s Dory when ceNtying 3a Tong 'l of my kleowledga. death -1 tie ume. darn and puce staled ISgeawre and um) 23b. lkenu Number ~ 23c. Oele~d IMOnn, my, year) pYwskidn is iwl .rvallabla al Mine of tlealh In ~~~ ~ f ~ _ ~ /J'zNr ~ <- (J ~J L ~ xelllry cause W dean {_~(.J- Year) 26. Wes Case Referred b Madwl Examiner /Coroner for a Reason Ouearlnan Cremaion a Doruual? my Dale Peo ed Dead (Mwnh 25 . , . Ilanu 2 a 2d inusl be completed by person z4 Tlme of aalh ~ ) ~ Yes ^No wn V male Y. ~./ M. l CAUSE OP DEATH (~ InASruetlona and exampbs) I Approxunale ntervd: Pan II- Enter aner SlpfalS81llL9(1fYI5a1SI:2r11fIb11110g 1gdadW. 28. Od Tobacco Use Cunxoule m Dean? F L tA Y lc a y e5 ^ he 11'. ~~ Pa I I. E Ilea Ina {;j;iy] q1 EYS D - J seaaa>. ,n,u es. ur complical Olxs - Ihel drecllY caused tlee tleem. DO NOT entee leim ul events such as ' tl ac anasr D flee lO Doran but mil resullug In tlee urdertying cause given n Pad I. ^ ' Ine ^ No ((],j1uWa:wn rESpirdlOty urteal or ventilcuur hbealaDOn willtoul showing tie elrobgy Llsl only One cauae on naCh I ( ~y 29. II Female. WYEDIATE CAUSE 11F,nai Jlseaw of } S S p ~ `It VZ_1 ^ Nd Vn:gilenl willial yd51 year I ( cantleion r25ulDrg in J¢an) _' a 1 Q" Due to for as ac/oynalP ue }'e d) g/-~L \h ~O ^ plegnam al lurie d wean 42 J g ~ o a I ~ 1 ~ ays Jayuenhully IBI wodiUOns. auy. b. j C / ` Y 1 1 ' '/ kably lO nor cause tilled On Noe a. pue lO (01 as a consequence ot)'. ^ NOI P'INJ'mM, but Piegnanl wWun Edal tie UNDERLYING CAUSE ul main (dl5aaae w injury nal initialed the NJI pre 1 but I J3 mya to I ^ 9na11 , preyeun year = evenly nsuulrg of Mang LAST bewre mam Due to (a as a consequence oft- ^ Unknown n pregnant wamn n5 Gusl year d 7ga Was an Autopsy 3tlb Were Auopsy Fadirgs 31. !Honer d Death 32a. Dale of Injury (Moon, day. year) 32b. Daurme How Nejury Occurred 32c. Place d Iryury- Nome Farm. 3lreel, facwry, Ollice Buddeg, ek. ISP~'iNl PeMnnad? AvaJable Prior to Cumpl.4iun r;l,'. ^~icWe 'til of Cause OI Daa1117 ^ 4icimra ^ Penang Invesbgaeaxe 32tl. Time of Inlury 32e. Nejury al Wark7 32f. 117ransponalion Injury IAN) 329. LOCa1Mn d M1>lury (Saev, city !town sole) ^ vas ~ ^Yes Cl~.N6 ^ Driver, Operate ^ Passenger ^Pemstnan ^ YeS ^ No ^ SJU:ide ^ Doad N01 be Delennined kl Sher SpeaN 33a CenJier Idixk only one) r ~'y~ Su3nalure and T • Cenirying pnysklan ,Physcinn cenilring cause of dean when anomar physician has ponuunced death aid cVnpkled Item 23) - , To the Oesl of my knowbdgs, dealA occurred due to the cause(s(and manneruslakd--------------------------------- irg Physicun IPnyskran ban pmmuncirg cream and cemrying to cause d math) and cenit o wuncin • P ^ 33c. Lkense NwMer 33x. DataS retlI mY. Yaan ~ y q r l To tie best of my knowledge, maul occurrW Ytie lima,date, and place, and dwbNa<euse(s)antl manner as salsa------------------ N7`I. !] JC.~ _ ~ ,JVIL „J( ~l O • Medical Eaaminerlmoro rr On Uee basis of exa ination and I a Invesligalion, in my opnan, dean occwred at 1M dme, dale, end place, and due to ttre cauas(al end manner as sealed- ^ P ersonyWho Cmp(l/el~d~~Cause,/d'y"Dean Iaem 27( Type / Prra ~ Name y ss/I~d{~ wv ~~ ~ ~ 0@r 35 Fugi-I is Signalwaand D,u yf1 36 eFUBd IMOnn, day. Veai) ~ _ ~~ ~ . , ^ . "' "' y r" i j ( I L / » ~ Y 2 ~ / DlalwsiuunPennaNO. I)31+i`3h1 LAST WILL AND TESTAMENT ~~ ~ ,-~, _ <..-~ OF :c7 ..~, =-i j ~t ~ _ ("' r -, ,-~ _ ~,; Tl 17 KEVIN T. NOONAN => ~: --~ - ~-~ -t~ .. __~ _~~ t.C3 - _.. I, Kevin T. Noonan, of Mechanicsburg, Cumberland County, ~> ~ -> .--, Pennsylvania, being of sound and disposing mind and memory, do make, publish an&' ~~' declare this my Last Will and Testament, hereby revoking all other Wills and Codicils by me at any time previously made. Provision for Taxes ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will that is not specifically devised or bequeathed as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. Dispositive Provisions ITEM II: I hereby give and bequeath all of my shares of stock held in Jamestown Development Company, a Pennsylvania corporation, to my Trustee, hereinafter named, to be held in trust for the benefit of my Children pursuant to the provisions of Item V hereof. ITEM III: I hereby give and bequeath all of my partnership interest in "Waterford Partnership," a family partnership, to my Trustee, to be held in trust for the benefit of my Children pursuant to the provisions of Item V hereof. ITEM IV: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel, and all other like articles of household or personal use and adornment to my Children, or to their issue, per stirpes, to be divided among them in as nearly equal shares as practicable and as they may agree. If they are unable to agree, my Executor shall make such decision as to distribution. In the discretion of my Executor, the share of any minor child may be distributed to the minor, distributed to the minor's natural or legal guardian for the benefit of the minor until he or she reaches the age of majority, or retained by my Executor for the benefit of the minor until he or she reaches the age of Page 1 of 9 majority. The receipt of such distribution by the minor or natural or legal guardian shall be a complete discharge of my Executor's duties as to such bequest. ITEM V: I give, devise and bequeath unto my Trustee all the rest, residue and remainder of my property, real, personal and mixed, not disposed of by the preceding portions of this Will, to be held IN TRUST NEVERTHELESS, for the following uses and purposes: (aj Upon my death, the Trustee shall divide the principal of the trust into as many shares or parts as there are then living Children of mine and then deceased Children of mine survived by then living issue. The Trustee shall hold one such share as a separate trust fund for the benefit of each then living Child of mine and one such share as a separate trust fund for the benefit of the living issue of each such then deceased Child of mine. (b) In each trust thus established for a Child of mine or the issue of a deceased Child of mine, the Trustee shall have, hold, manage, invest and reinvest the principal thereof and shall, if the child has not attained thirty-five (35) years of age, pay to or for the benefit of such child in not less than quarterly installments so much of the net income and principal of said trust as the Trustee, in the Trustee's sole discretion, shall deem necessary and appropriate to maintain said child in the proper station in life, including proper support, maintenance, medical, hospital, nursing and nursing home care, and high school, vocational, college, university and post-graduate education. Any undistributed income shall be accumulated. Upon such Child's attaining the age of twenty-five (25) years, he or she shall, upon written request, be paid one-third (1/3) of the then assets of the trust. My Trustee shall thereafter pay and distribute the net income of the trust, not less frequently than quarterly, to or for the benefit of that Child, upon his or her written request. Upon such Child's attaining the age of thirty (30) years, he or she shall, upon written request, be paid one-half (1/2) of the then assets of the trust. Upon such Child's attaining the age of thirty-five (35) years, he or she shall, upon written request, be paid all of the remaining assets of the trust. If at the establishment of the trust said Child has already attained an age at which he or she would have been entitled to one or more distributions of assets, as above provided, the portion(s) that would have been distributed at such prior age(s) shall be paid to such Child upon such Child's written request. Should such Child of mine die before final distribution of the assets of said trust, the provisions of Item V(c) herein shall control. Page2of9 (c) If a trust beneficiary shall die before final distribution of the trust assets to which the beneficiary would otherwise be entitled, said assets shall be divided into as many equal shares as there are then living children of said deceased beneficiary, and are to be distributed to said living children under the same terms and conditions as set forth herein. If a beneficiary dies before final distribution of the trust assets to which the beneficiary would otherwise be entitled and not be survived by living children, then the Trustee shall divide said assets into as many equal shares as there are then existing trusts created under this Item V, and one such share shall be added to each such then existing trust. Provided, that if any of said trusts herein created has previously been terminated by payment of all of its principal to its beneficiaries, said beneficiaries who received payment of the principal of that trust shall collectively be considered an "existing trust" for the purposes of this Item V(c), and one such equal share shall be paid directly to each beneficiary in the same proportion by which he or she received the principal of the trust or, if deceased, to his or her issue, per stirpes. If at the time of termination described in this Item V(c) there is no then existing trust, or if at any time before final distribution of assets under this Item V none of my issue is living, the trust shall terminate, then the remaining trust assets shall be distributed to those persons who would receive my estate had I then died intestate, a resident of the Commonwealth of Pennsylvania. (d) Notwithstanding the foregoing, any trust created hereunder shall automatically terminate and the principal and income be distributed twenty-one (21) years from the death of the last surviving beneficiary living at the time of my death. (e) Except as otherwise may be provided, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by a beneficiary hereunder, the principal sums thus held in trust for any beneficiary, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities, or torts of such beneficiary now or hereafter made, contracted, incurred, or committed, including, without limitation, attachment, levy, and seizure by any creditor, spouse, assignee, trustee, or receiver in bankruptcy, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign, anticipate, or encumber all or any part of the principal sums of such beneficiary's interest therein, or the income thereof. Page 3 of 9 Appointment of Fiduciaries ITEM VI: I hereby nominate, constitute and appoint my father, Timothy J. Noonan, to be my Executor. In the event of the death, resignation, refusal or inability of my father to serve as Executor, I nominate, constitute and appoint my sister, Colleen M. Hickey, to serve as Executor in his place. ITEM VII: I hereby nominate, constitute and appoint my father, Timothy J. Noonan, to be my Trustee. In the event of the death, resignation, refusal or inability of my father to serve as Trustee, I nominate, constitute and appoint my sister, Colleen M. Hickey, to serve as Trustee in his place. ITEM VIII: If at any time any minor child or mentally incapacitated person shall be entitled to receive any assets hereunder, my Trustee shall act as Guardian of the assets payable to such person and shall have full authority to use such assets in any manner as such Guardian shall deem advisable for the best interests of such person, including proper support, maintenance, medical, hospital, nursing and nursing home care, high school, college, university, post-graduate or other education, without securing court order. ITEM IX: If ! am survived by minor Children and I am not survived by their biological mother, Cheryl A. Noonan, I nominate, constitute and appoint my sister and brother-in-law, Patricia N. Bowman and Eric C. Bowman, or the survivor of them, to be the Guardian of the person of each such minor child. In the event of the death, resignation, refusal or inability of both Patricia N. Bowman and Eric C. Bowman to as Guardian, I nominate, constitute and appoint my sister, Colleen M. Hickey, to serve as Guardian in their place. ITEM X: My Executor, Trustee, and Guardian are specifically relieved from the duty or obligation of filing any bond or other security. Powers of Fiduciaries ITEM XI: In the settlement of my Estate and during the continued existence of the foregoing trusts, my Executor and Trustee of each trust shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investment I may have at my death, so long as my Executor or Trustee may deem it advisable to my Estate or trusts to do so. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, money Page4of9 markets, real estate mortgages or other securities, other than options or futures, and in such other real or personal property as my Executor or Trustee shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my Estate or a trust or for any other purpose, including any final distribution of my Estate or any trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date(s) 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 trusts, any or all real or personal estate or interest therein owned by my Estate or trusts, severally or in conjunction with other persons, or acquired after my death by my Executor or Trustee, and to consummate said sale(s) by sufficient deeds or other instruments to the purchaser(s) conveying a fee simple title, free and clear of all trust, and without obligation or liability of the purchaser(s) to see to the application of the purchase money or to make inquiry into the validity of said sale(s); also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings that may be necessary or desirable to effect any of the bequests or devises made in my Will or in carrying out any of the powers conferred upon my Executor or Trustee in this Item XI(d) or elsewhere in my Will. (e) To mortgage real estate and to make leases of real estate. (f) To borrow money from any party to pay indebtedness of mine or of my Estate or trusts, expenses of administration, or inheritance, legacy, estate and other taxes. (g) To pay all costs, taxes, expenses and charges, except as herein noted, in connection with the administration of my Estate or a trust. My Executor shall pay expenses of my last illness and funeral expenses. (h) To vote any shares of stock that form a part of my Estate or a trust and otherwise to exercise all the powers incident to the ownership of such stock. (i) To assign to and hold in a trust an undivided portion of any asset. Page 5 of 9 (j) In the discretion of my Trustee, if the size of any trust herein established shall become so small that it is impractical or uneconomical to continue said trust, my Trustee may distribute all accumulated income and principal to the then income beneficiaries in proportion to their income interests. (k) To merge any trust created hereunder with any other trust or trusts created by me, under will or deed, if the terms of any such trust are substantially similar and are held for the primary benefit of the same persons, and if such merger shall not cause an adverse income, estate orgeneration-skipping transfer tax consequence. (I) The right and discretion to elect the most appropriate settlement options for any pension plans, individual retirement accounts or other employee benefit options payable to my Estate or any trust, assuming such election shall be in accordance with procedures established by the plan's administrative committee or administrator, as the case may be. (m) The right to engage accountants, attorneys, appraisers and other agents, as deemed necessary by my Executor or Trustee, to render advice to and/or to represent my Executor or Trustee, as my Executor or Trustee deem necessary or appropriate to the administration and preservation of my Estate or the assets of any trust. (n) To do all other acts that, in the judgment of my Executor or Trustee, are necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. Miscellaneous Provisions ITEM Xli: Any person who shall have died at the same time as me, or in a common disaster with me, or who shall fail to survive me by ninety (90) days, shall be deemed to have predeceased me. ITEM XIII: As used in this Will, the terms "my child" or "my children" shall mean my sons, Kyle T. Noonan, Conner J. Noonan, and Jack T. Noonan. Page 6 of 9 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of this page, the next two pages, and the preceding six pages, this 26th day of September, 2( SIGNED, SEALED, PUBLISHED AND DECLARED by the above- named Testator, Kevin T. Noonan, as and for his Will, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. ~\---r;1 ~~`~~{~~ Address Address .~ ,~. ~ 7 s n ~~ _ Address 7~f~C,f~'t.G`=,n.~G<~ Lj a red j?~' ~ /1 C%_5 J~ rnp ~~ I-~ p~ ~~0~1 ~ar~ ~ rl, ~A ("?Glt Page7of9 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN I, Kevin T. Noonan, the 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; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Kevin T. Noonan, the Testator, this 26t" day of September, 2008. f j~ ~~~° nan, Testator Notary Pub ~" My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial seal Harva J. Owings-Baughman, Notary Public City of Hamsburg, Dauphin County My Commission Expires July 12, 2012 Member, Pennsylvania Association of Notaries Page8of9 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN ;~ //, We, I~Ui ~ ~ - l.~`t~k T lk~ ~ ~ /-t t~ ~'J~'J~~'~ ,and x~~~. ~ ~.~~11~urn~F-gym ,the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness, in the hearing and sight of the Testator, signed the Will as a witness; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~ ~1 rn to or affirm ands scr/~e o before me, U'i~~ ~ ~~ ~~,(~CL ~. l.~~I~~~ ,and I ~ l~ ~ ,witnesses, this 26t" day of September, 2008. Witnes$ a ~' ~ 1~ t-C_ , / ~~aAfitness ' /~~... ,~ ,~i~~ fitness Notary Pu `~~ My Commission Expires: F:\dbw\Wills\Noonan\Kevin T. - Will.doc COMMONWEALTH OF PENNSYLVANIA Notarial Seal Harva J. Ovrings-Baughman, Notary Public City of Harrisburg, Dauphin County My Commission Expires July 12, 2012 Member, Pennsylvania Association of Notaries Page 9 of 9