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Home My WebLink About01-30-12 (3)IN RE: THE GAVIN HORTING TRUST Established under the Last Will and Testament of EDWARD N. NAYLOR, Deceased IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIA~DISTRI~`l OF PENNSYLVANIA ~ -~ ~- '=; ~ CUMBERLAND COI~ R y ;~ -~ ~~ s~~ NO. 21-09-0055 , ~~~ =~ ``' --} , ., r -- C. w; PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. 7764 e AND NOW COMES, Steven C. Daly, Trustee of the Gavin Horting Trust and Executor of the Estate of Edward N. Naylor, Deceased, by his attorney, William R. Bunt, Esq., and respectfully represents as follows: 1. That Edward N. Naylor died on December 30, 2008, leaving a will dated August 3, 2006, probated in the office of the Register of Wills of Cumberland County, Pennsylvania, on January 20, 2009. A copy of said Will, marked Exhibit A, is attached hereto and incorporated herein by reference thereto. 2. That by virtue of said Last Will and Testament of the said Edward N. Naylor, Steven C. Daly was appointed as Executor of the Estate and Trustee of any trust created under said instrument. 3. That Matthew Daly was appointed as alternate Trustee of the any trust created under the Last Will and Testament of the said Edward N. Naylor. WILLIAM R. BUNT 4. That Para r CHRYSTAL L. PROSSER g aph Fourth (S) of the Last Will and Testament of the said ATTORNEYS AT LAW Edward N. Naylor provided as follows: 109 S. Carlisle Street New Bloomfield, Pa 17068 Tel. (717) 582-8195 FAX (717) 582-7521 0 Q. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, in trust, however, to act as trustee upon the following terms and conditions: 1. To create the Gavin Horting Trust. 2. To administer said trust in accordance with terms and conditions of trust enumerated below. 3. To pay the accumulated income and principal to the said Gavin Horting from said trust, on the twenty first (21St) birthday of said child. 4. In the event that the said Gavin Horting predeceases my decease or becomes deceased prior to the final distribution of said child's trust share, then and in that event, my said trustee shall transfer the balance remaining in said trust unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. 5. I name, constitute and appoint Matthew Daly, as the alternate trustee of the Gavin Horting Trust. 5. That said Trust was to be administered in accordance with Paragraph Fifth, Sixth and Seventh of the Last Will and Testament of the said Edward N. Naylor. 6. That the said Steven C. Daly as Trustee has indicated that he desires to resign as Trustee of the Gavin Horting Trust but will continue to serve until a substitute Trustee is appointed by Your Honorable Court. The resignation of the said Steven C. Daly, Trustee, marked Exhibit B, is attached hereto and incorporated herein by reference thereto. 7. That Matthew Daly the alternate Trustee pursuant to the Last Will and WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Testament of the said Edward N. Naylor has indicated that he does not desire to assume said position of Trustee of the Gavin Horting Trust. The renunciation of the said Matthew Daly, marked Exhibit C, is attached hereto and incorporated herein by reference thereto. 8. That it is believed and therefore averred that the trust continues and it is necessary that a trustee be appointed in the place of Steven C. Daly, Trustee, by Tel. (717) 582-8195 FAX (717) 582-7521 reason of his resignation. 9. That the said Steven C. Daly, Trustee, seeks Court approval to be removed as Trustee and further seeks the appointment of Juniata Valley Bank as substitute Trustee for the Joshua Criswell Trust. 10. That the current fees for the Juniata Valley Bank Trust Department are as follows: a. Combined Portfolio Market Fee (Assessed Quarterly) Stock Portion of Portfolio: 0.60% (first $500,000.00) Fixed Incomed Portion of Portfolio: 0.25% (first $500,000.00) b. Trust AccountinglTechnology Fee: $360.00 Annually c. Tax Preparation Fee: $50.00 Annually 11. That the names of all persons having a vested interest in the trust are as follows: Gavin Horting (trust beneficiary) P.O. Box 68 Duncannon, PA 17020 12. That a list of the contingent beneficiaries, marked Exhibit D, is attached hereto and incorporated herein by reference thereto. 13. That the said Gavin Horting is the minor child of Brenten Horting and Tawnya Horting, husband and wife. 14. That the said Brenten Horting and Tawnya Horting were notified by letter WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAV/ 109 S. Carlisle Street New Bloomfield, Pc, 17068 Tel. (717) 582-8195 FAX (717) 582-7521 sent certified mail of the intent to file the within Petition and were asked to either sign a consent or indicate their opposition in writing. Copies of said letter and the U.S.P.S. form, collectively marked Exhibit E, are attached hereto and incorporated herein by reference thereto. 14. That as of the date of filing of the within Petition, no position has been stated by the parents. 15. That the principal of the trust currently consists of an interest bearing account with PNC Bank. 16. That the Last Will and Testament of the said Edward N. Naylor waived the posting of security by Steven C. Daly as Trustee or Matthew Daly as alternate Trustee. WHEREFORE, it is respectfully requested that Your Honorable Court discharge Steven C. Daly from his office as Trustee of the Gavin Horting Trust and release him from future liability, conditioned upon the absolute confirmation of his account and the transfer and delivery of the assets of the trust in accordance with the adjudication thereof, and appoint Juniata Valley Bank Substitute Trustee of the Gavin Horting Trust with such security as Your Honorable Court deems reasonable and appropriate. RESPECTFULLY SUBMITTED, WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAVJ 109 S. Carlisle Street New Bloomfield, Pc. 17068 Wi ' m R. Bunt, Esq. Supreme Court ID # 21529 109 S. Carlisle Street P.O. Box 336 New Bloomfield, Pennsylvania 17068 (717) 582-8195 Attorney for Estate of Edward N. Naylor Tel. (717) 582-8195 FAX (717) 582-7521 VERIFICATION I hereby verify that the information set forth in the foregoing document is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date ...~ t ~ L a=:~.~C , Steven C. Daly, Trustee of the Gavin Ho ing Trust and Executor of the Estate of Edward N.Naylor WILLIAM R. BUNT CHRYSTAL L, PROSSER ATTORNEYS AT LAW 109 S. Carlisle Stree- New Bloomfield, Pa 17068 Tel, (717) 582-8195 FAX (717)582-7521 LAST WELL AND TESTAMENT OF EDWARD N. NAYLOR I, EDWARD N. NAYLOR, of UpperAllen Township, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby declare this to be my Last Wi11 and Testament, revoking all former wi11s or writings in the nature thereof and any codicils thereto made. FIRST: I direct my hereinafter named Executor or alternate Executor, as the case may be, to pay all of my just debts, funeral expenses, costs of administration and inheritance taxes out of the corpus of my estate as soon after my decease as is practicable to do so. SECOND: I give, bequeath and devise all of my estate, real, personal and mixed and wheresoever situate, unto my wife, Barbara S. Naylor. THIRD: In the event that my wife, Barbara S. Naylor, predeceases my decease, then and in that event, I give and bequeath the following: A. !give and bequeath my wife's mahogany canopy bed set (including the canopy bed, two night tables, a chest of drawers and a dresser with a mirror) unto my niece, Diane Gutshalf. In the event that my niece, Diane Gutshall, predecease my decease, then and in that event, I direct that said bequest shall lapse and become part of my residuary estate. B. I give and bequeath my wife's milk glass collection to my great niece, Patricia Kissinger. In the event that my great niece, Patricia Kissinger, predeceases my decease, then and in that event, I give and bequeath said milk glass collection unto my friend, WILLIAM R. sUNT Martha Robinson. CHRYSTAL L. PROSSER ATTORNEVSATLAW C. I give and bequeath my grandfather clock unto my nephew, Steven C. 109 5. Codtsle Street New Btoomfie;d. Po. Daly. 17068 Tel. (717) 582-8195 FAx (71 ~) sszaszl EXHIBIT Page 1 of 11 Pages A lr In the event that my nephew, Steven C. Daly, predeceases my decease, then and in that event, i give and bequeath said grandfather clock unto my nephew's wife, Delores A. Daly . FOURTH: In the event that my wife, Barbara S. Naylor, predeceases my decease, then and in that event, I give, bequeath and devise all of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate, as follows: A. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto the Salvation Army, a religious and charitable organization with offices at 701 North Broad Street, Philadelphia, Pennsylvania 19123 to be used within the Commonwealth of Pennsylvania forthe purpose of feeding the hungry. I specifically direct that said five (5%) percent of my residuary shall be calculated from the net value of my estate after the payment all of my just debts, funeral expenses, costs of administration and inheritance and estate taxes. B. I give, bequeath and devise ten percent (10%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my nephew, Steven C. Daly. to the event that my nephew, Steven C. Daly, predeceases my decease, then and in that event, I give, bequeath and devise one-half of said share of my estate unto my nephew's wife, Delores A. Daly, and one-half of said share of my estate unto my nephew, James Barrick. C. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my nephew's wife, Delores A. Daly. WILLIAM R. BUNT CHRYSTAL L. PROSSER In the even# that my nephew's wife, Delores A. Daly, predeceases my ATTORNEYS AT LAW decease, then and in that event, !give, bequeath and devise said share of my estate unto my 109 S. Corllsle Street HeW sloo~$ la. Po. nephew, Steven C. Daly. Tel. (717) 582-8195 FAX (717) 582-7521 Page 2 of 11 Pages D. !give, bequeath and devise five percent (5%) of my estate, real, personal and mixed and wheresoever situate unto my great nephew, Matthew Daly. In the event that my great nephew, Matthew Dal y, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. E. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my great niece, Melissa Daly. WILLIAM R, BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Corlisle Street New Bloomfield, Po. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 In the event that my great niece, Melissa Daly, predeceases my decease, then and in that event, !give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. F. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my great nephew, Marc Garrick. In the event that my great nephew, Marc Garrick, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto my nephew, Steven C. Daly. G. I give, bequeath and devise five percent (S%) of the rest, residue and remainder of my estate, real, persona! and mixed and wheresoever situate unto my friend, Jan ~ Steele Hammaker. !n the event that my friend, Jan Steele Hammaker, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. H. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my friend, Lori Nast. In the event that my friend, Lori Nast, predeceases my decease, them and Page 3 of 11 Pages in that event, 1 give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. I. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my sister, Marguerite Henderson. In the event that my sister, Marguerite Henderson, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving mydecease pro rata. J. I give, bequeath and devise fve percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my brother, Raymond Naylor. In the event that my brother, Raymond Naylor, predeceases mydecease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. K. I give, bequeath and devise seven percent (7%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Dorothy Holley. In the event that my niece, Dorothy Holley, predeceases mydecease, then and in that event, I give, bequeath and devise said share of my estate unto Ruth Ann Wright, Barbara Jean Fry and Patricia Kissinger, or the survivors thereof, in equal shares, share and share alike. 1_. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, reaE, personal and mixed and wheresoever situate unto my niece, Ruth Ann Wright. WILLIAM R. BUNT CHRYSTAL L. PROSSER In the event that my niece, Ruth Ann Wright, predeceases mydecease, ATTORNEYS AT LAW then and in that event, I give, bequeath and devise said share of my estate unto Dorothy Holley, 109 S. Cdrllsle Street New elo;m~te~ela. Po. Barbara Jean Fry and Patricia Kissinger, or the survivors thereof, in equal shares, share and Tel. (717) 582-8195 FAX (717) 582-7521 Page 4 of 11 Pages share alike. M. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto niece, Barbara Jean Fry. In the event that my niece, Barbara Jean Fry, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto Dorothy Holley, Ruth Ann Wright and Patricia Kissinger, or the survivors thereof, in equal shares, share and share alike. N. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my great niece, Patricia Kissinger. In the event that my great niece, Patricia Kissinger, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto her husband, Gregory Kissinger. O. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Dixie Steigleman. In the event that my niece, Dixie Steigleman, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. P. I give, bequeath and devise three percent (3%) of the rest, residue and WILLIAM R. BUiVT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfieid. Po. 17068 Tel. (717) 582-8195 FAX (717) 582.7521 remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Diane Gutshall. In the event that my niece, Diane Gutshall, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. 'Q. I give, bequeath and devise five percent (5%) of the rest, residue and Page 5 of 11 Pages remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, in trust, however, to act as trustee upon the following terms and conditions: 1. To create the Gavin Horting Trust. 2. To administer said trust in accordance with terms and conditions of trust enumerated below. 3. To pay the accumulated income and principal to the said Gavin Horting from said trust, on the twenty first (21St) birthday of said child. 4. In the event that the said Gavin Horting predeceases my decease or becomes deceased prior to the final distribution of said child's trust share, then and in that event, my said trustee shall transfer the balance remaining in said trust unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. 5. I name, constitute and appoint Matthew Daly, as the alternate trustee of the Gavin Horting Trust. R. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, in trust, however, to act as trustee upon the following terms and conditions: 1. To create the Zachary Criswell Trust. 2. To administer said trust in accordance with terms and conditions of trust enumerated below. 3. To pay the accumulated income and principal tc the said Zachary Criswel! from said trust, on the twenty first (21St) birthday of said child. 4. In the event that the said Zachary Criswell predeceases my decease or becomes deceased prior to the final distribution of said child's trust share, then and in that event, my said trustee shall transfer the balance remaining in said trust unto the Joshua CHRYSTAL L. PROSSER WILLIAM R. BUNT Criswell Trust to be administered in accordance with the My Last Wili and Testament. ATTORNEYS AT LAW S. I name, consti#ute and appoint Matthew Dafy, as the alternate 109 S. Carlisle Street New BIO~~B Id, Pp. trustee of the Zachary Criswell Trust. Tel. (717) 582-$195 FAX (717) 582-7521 Page 6 of 11 Pages S. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, intrust, however, to act as trustee upon the following terms and conditions: 1. To create the Joshua Criswell Trust. 2. To administer said trust in accordance with terms and conditions of trust enumerated below. 3 Criswell from said trust, on the twenty first {2151) birthday of said child. 4. In the event that the said Joshua Criswell predeceases my decease or becomes deceased prior to the final distribution of said child's trust share, then and in that event, my said #rustee shall transfer the balance remaining in said trust unto the Zachary Criswell Trust to be administered in accordance with this My Last Will and Testament. 5. I name, constitute and appoint Matthew Daly, as the alternate trustee of the Joshua Criswell Trust. FIFTH: 1 direct that any trust created pursuant to this My Last Will and Testament be administered upon the following terms and conditions: A. To pay said beneficiary out of each beneficiary's respective trust, the income and so much of the principal, as may, in the sole discretion of my trustee, be necessary for the maintenance, support, medical expenses, and college education of said beneficiary. B. The payments authorized in subparagraph A of this Paragraph FIFTH WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Corilsle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 shall be made without regard to the equality of distribution between said beneficiaries. The amount to be paid for the benefit of said beneficiary shall be determined from time to time bythe need of said beneficiary, and the amounts and times of said payments shall be determined by such need. The said payments may be made by my said trustee directly to said beneficiary as maybe, in the sole opinion of my trustee, of such age, and ability to handle properly the funds so paid to such beneficiary, or may be made by my said trustee directly to the person having the custody and care of the said beneficiary, or may be made by my said trustee directly to any To pay the accumulated income and principal to the said Joshua Page 7 of 11 Pages 1i institution entitled to such payment by reason of services rendered or to be rendered to the said beneficiary. In making the aforesaid payments, my said trustee shall give primary consideration to the individual needs of said beneficiary and to other sources of income available to said benefciary, and the individual needs of said beneficiary shall override any consideration as to any equality of distribution for the purposes mentioned in this subparagraph. SIXTH: I direct that no trustee, executor, guardian, or other fiduciary named, nominated, orappointed in this, my Last Will and Testament, shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of court of the Commonwealth of Pennsylvania or any other jurisdiction to the contr ary notwithstanding. SEVENTH: My personal representative and trustee shall have the following powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, personal and mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without court approval, and effective, with respect to each item of said property, until actual distribution thereof. A. To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversification, and to purchase and acquire real or personal property, and to hold any or all such real and personal property retained or acquired without making the same productive of income. B. To permit a beneficiary, or any of them, to occupy any real estate retained or acquired upon such terms and conditions as my trustee shall deem proper. C. To pay all taxes, charges, and expenses of maintenance, upkeep, improvement, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my said trustee shall determine. WILLIAM R. BUNT CHRYSTAL L, PROSSER ~• To retain or invest any and all funds, whether principal or income, in any ATTORNEYS AT LAW real or personal property without restriction to legal investments; to purchase investments at 109 S. Corllsle Street New e1o7068 ~a. Po. premiums; to exercise all rights of a security holder or shareholder in any corporation; and to Tel. (717) 582-8195 FAX p17) 582-7521 Page 8 of 11 Pages lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court and without any responsibility to the buyer or buyers to see to the application of the purchase price, any real or personal property, or portion or portions thereof, irrespective of the manner or the means by which the same was acquired by my said trustee. E. To make any payment or distribution herein provided for in cash, kind, or partly in cash and partly in kind, at valuations fixed by my trustees at the time of distribution. EIGHTH: Any and all payment or payments of any sum or sums, whether in cash or in kind and whether far principal or income, payable to the said beneficiary, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. A!! shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligations of any beneficiary, and shall not be subject to any execution or attachment. NINTH: In the event that my wife, Barbara S. Naylor, predeceases my decease, #hen and in that event, !direct that all of her fine jewelry be sold and the proceeds therefrom become part of my residuary estate to be distributed in accordance with this My Last Will and Testament. TENTH: Any person who shall have died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. ELEVENTH: I name, constitute and appoint my nephew, Steven C. Daly, as Executor of this my Last Will and Testament. In the event of the renunciation, death, resignation or inability of my nephew, Steven C. Doty, to act for any reason whatsoever, as the Executor of my estate, then and in that CHRYSTAL L. PROSSER WILLIAM R. BUNT event, I name, constitute and appoint my brother, Raymond Naylor, as the alternate Executor of ATTORNEYS AT LAW this my Last Will and Testament. 109 S. Corllsle Street New8loomfleld, Po. 17068 Tei. (717) 582-8195 FAX (717) 582-7521 Page 9 of 19 Pages My Executor or alternate Executor, as the case maybe, are hereby excused from the posting of any bond or security notwithstanding any provisions of the law to the contrary. 1N WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament this 3`d day of August, 2006. Signed, sealed, published and declared by the above named Testator, as and for his Last Will and Testament, in our presence, whv, in his presence, at his reques# and in the presence of each other, have hereunto set our names as attesting witnesses. ~~ ~~ ~ ~~~ WILLIAM R, 8UN7 CHRYSTAL i. PROSSER i ATTORNEYS AT LAW 109 S. Carlisle Street New Bloamfleld. Po. 17066 Tel, (717) 582-8195 FAX (717) 582-7521 Page 10 of 11 Pages -J ACKNOWLEDGMENT AND AFFIDAVIT Commonweaith of Pennsylvania County of Perry SS We, Edward N. Naylor, the Testator in, Virginia C. Dick, and .....~;;i,r}da,,,-l~„e~-~~'er ...,., the witnesses to the Last Will and Testament of Edward N. Naylor the attached or foregoing instrument, who have signed the instrument, having been duly qualified according to law do depose and say: (a) that 1, Edward N. Naylor, the Testator do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament, and that t signed it willingly and as my free and voluntary act for the purposes therein expressed. (b) that we, Virginia C. Dick and L2 n d a ~,~ -•-•• ...., the witnesses, were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that the Testator signed willingly and 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 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. --~~'yy-~ L., i _~." Edward N. Naylor, Testator ~~-~-a-- t~ o~ ~ virgmR9 C. Dick, Witness ...................•• ............., Witness WILLIAM R, BUNT Sworn to or affirmed and acknowledged CHRYSTAL L. PROSSER ATTORNEYS AT LAW before me this 3~d day of August, 2006, ~.11I OF~EMI~>RyAN1A 109 S. Carlisle Street New Bloomfield, Pa. ~~ ~~~~ 17068 NEMf 8lOOMFlEID BORE, PfRRYCOUNTY MY COMMISSION EXPIRES MAC 23, 2048 7e1. (717) 582-8195 FAX (717) 582-7521 Page 11 of 11 Pages IN RE: THE GAVIN HORTING TRUST Established under the Last Will and Testament of EDWARD N. NAYLOR, Deceased IN THE COURT OF COMMON PLEAS OF THE 9T"JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY NO. 21-09-0055 RESIGNATION I, Steven C. Daly, Trustee of the Gavin Horting Trust hereby resign as Trustee of the Gavin Horting Trust upon appointment of a successor trustee approved by the Orphans' Court of Cumberland County. Date _ .,;~...~~..-,,, ~ ~ ~.. ~.~~ ~~-~--- Steven C. Daly, Trustee of the Gavln Horting Trust and Executor of the Estate of Edward N.Maylor WILLIAM R. BUN- CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 EXHIBIT Tel, (717) 582-8195 FAX (717) 582-7521 a s IN RE: THE GAVIN HORTING TRUST Established under the Last Will and Testament of EDWARD N. NAYLOR, Deceased IN THE COURT OF COMMON PLEAS OF THE 9T"JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY NO. 21-09-0055 RENUNCIATION WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAVV 109 S. Carlisle Stree~ New Bloomfield, Pa 17068 Tel, (717) 582-8195 FAX (717) 582-7521 I, Matthew Daly, individually and as named alternate Trustee of the Gavin Horting Trust, hereby renounce my right to serve as Trustee of the Gavin HortingTrust. Date Matthew Daly ~' EXHIBIT 3 EXHIBIT D CONTINGENT BENEFICIARIES OF THE GAVIN HORTING TRUST WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S, Carlisle Street New Bloomfield, Pa. 17068 Salvation Army 701 North Broad Street Philadelphia, PA 19123 Steven C. Daly 622 Elliott Drive Lewisberry PA Delores A. Daly 622 Elliott Drive Lewisberry PA Dorothy Holley 322 Dellville Road Duncannon, PA 17020 Ruth Ann Wright 67 S. 2"d Street 17339 Newport, PA 17074 Barbara Jean Fry 322 Dellville Road 17339 Duncannon, PA 17020 Matthew Daly 611 Georgian Place Harrisburg, PA 17111 Melissa Daly Zipser 4247 Green Park Drive Mt. Joy, PA 17552 Marc Barrick 15 A Pfautz Road Duncannon, PA 17020 Estate of Jan Steele Hammaker c/o David R. Getz, Esq. Wix Wenger & Weidner 508 N. 2"d Street P.O. Box 845 Harrisburg, PA 17108-0845 Lori Nast 4470 95th Avenue Pinellas Park, FL 33782 Raymond Naylor 4215 E. Bay Drive #1506D Clearwater, Florida 33764 Patricia Kissinger 914 Paradise Road New Bloomfield, PA 17068 Dixie Steigleman 231 Upper Bailey Road Newport, PA 17074 Diane Gutshall 7729 Fishing Creek Valley Road Harrisburg, PA 17112 Zachary Criswell Trust c/o Elmer &Shawna Criswell P.O. Box 68 Duncannon, PA 17020 Joshua Criswell Trust c/o Elmer &Shawna Criswell P.O. Box 68 Duncannon, PA 17020 Tel. (717) 582-8195 FAX (717) 582-7521 WILLIAM R. BUNT ATTORNEY AT LAW .109 SOUTH CARLISLE STREET P. O. Box 338 NEw BLOOMFIELD, PA 17088-0336 TEL (717) 582-8195 Fax (717) 582-7521 Brenten & Tawnya Horting 116 Pennells Church Road Duncannon, PA 17020 RE: Gavin Horting Trust Dear Mr, and Mrs. Horting: November 11, 2011 WILLIAM R. BUNT, Esp. ChRY3TAL L. PROSSER, ESp. Please be advised that Steven C. Daly, Trustee, has decided to resign as Trustee of you son's trust. The Alternate Trustee, Matthew Daly, has indicated that he does not wish to accept the appointment. Mr. Daly believes that it would be in keeping with Mr. Naylor's testamentary intent to appoint a bank to serve as alternate Trustee. Accordingly, we intend to file the attached draft Petition with the Orphans Court of Cumberland County. As part of the process, we need to advise the Court as to your position regarding proposed alternate Trustee. Mr. Daly has been advised that the bank fees are as foflows: a. Combined Portfolio Market Fee (Assessed Quarterly} Stock Portion of Portfolio: 0.60% (first $500,000.00) Fixed Income Portion of Portfolio: 0.25% (first $500,000.00} b. Trust Accounting/Technology Fee: $360.00 Annually c. Tax Preparation Fee: $50.00 Annually However, please be aware that these fees may change over time. ! am enclosing herein a form for each of you to review that would be filed with the above referenced Petition. If you have no objection to the appointment, please return the enclosed form before December 1, 2011. If you do not agree, please advise in writing so that your objection can be provided to the Court for consideration. If we do not receive any response from you by December 1, 2011, please be advised that we wil# still proceed to fife the Petition. However, please be assured that regardless of your response, we will keep you advised as to any proceedings that may be scheduled on the same. If you have any questions with regard to the above, please do not hesitate to contact me. cc: Steven C. Daly Very truly y s, W' iam R. Bunt EXHIBIT D~~f~~ IN RE: IN THE COH RT OF COMMON PLEAS THE GAVIN HORTING TRUST OF THE 9 JUDICIAL DISTRICT Established under the ~ OF PENNSYLVANIA Last Will and Testament of CUMBERLAND COUNTY EDWARD N. NAYLOR, Deceased NO. 21-09-0055 PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. 776 e AND NOW COMES, Steven C. Daly, Trustee of the Gavin Horting Trust and Executor of the Estate of Edward N. Naylor, Deceased, by his attorney, William R. Bunt, Esq., and respectfully represents as follows: 1 • That Edward N. Naylor died on December 30, 2008, leaving a will dated August 3, 200fi, probated in the office of the Register of Wills of Cumberland County, Pennsylvania, on January 20, 2009. A copy of said Will, marked Exhibit A, is attached hereto and incorporated herein by reference thereto. 2. That by virtue of said Last Will and Testament of the said Edward N. Naylor, Steven C. Daly was appointed as Executor of the Estate and Trustee of any trust created under said instrument. 3. That Matthew Daly was appointed as alternate Trustee of the any #rust created under the Last Will and Testament of the said Edward N. Naylor. 4. That Paragraph Fourth (S) of the Last Will and Testament of the said Edward N. Naylor provided as follows: OG1p64 DaQff~ Q. !give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, in trust, however, to act as trustee upon the fallowing terms and conditions: 1• To create the Gavin Horting Trust. 2• To administer said trust in accordance wifh terms and conditions of trust enumerated below. 3• To pay fhe accumulated income and principal to the said Gavin Harting from said trust, on the twenfy fast {21St) birthday of said child. 4. !n fhe event That fhe said Gavin Homing predeceases my decease or becomes deceased prior to the final distribution of said child's trust share, then and in That event, my said Trustee shall transfer the balance remaining in said trust unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. 5. 1 name, constitute and appoinf Matthew Daly, as the alternate frustee of the Gavin Harting Trust 5. That said Trust was to be administered in accordance with Paragraph Fifth, Sixth and Seventh of the Last Will and Testament of the said Edward N. Naylor. 6. That the said Steven C. Daly as Trustee has indicated that he desires to resign as Trustee of the Gavin Horting Trust but wi[I continue to serve until a substitute Trustee is appointed by Your Honorable Court. The resignation of the said Steven C. Daly, Trustee, marked Exhibit B, is attached hereto and incorporated herein by reference thereto. 7. That Matthew Daly the alternate Trustee pursuant to the Last Will and Testament of the said Edward N. Naylor has indicated that he does not desire to assume said position of Trustee of the Gavin Horting Trust. The renunciation of the said Matthew Daly, marked Exhibit C, is attached hereto and incorporated herein by reference thereto. 8. That it is believed and therefore averred that the #rust continues and it is necessary that a trustee be appointed in the place of Steven C. Daly, Trustee, by D~Q~ DG1GIff4 reason of his resignation. 9. That the said Steven C. Daly, Trustee, seeks Court approval to be removed as Trustee and further seeks the appointment of Juniata Valley Bank as substitute Trustee for the Joshua Criswell Trust. 10. That the current fees for the Juniata Valley Bank Trust Department are as follows: a. Combined Portfolio Market Fee (Assessed Quarterly) Stock Portion of Portfolio: 0.60% (first $500,000.00) Fixed Incomed Portion of Portfolio: 0.25% (first $500,000.00) b. Trust Accoun#ing/T'echnoiogy Fee: $360.00 Annually c. Tax Preparation Fee: $50.00 Annually 11. That the names of all persons having a ves#ed interest in the trust are as follows: Gavin Horting (trust beneficiary) P.O. Box fib Duncannon, PA 17020 12. That a list of the contingent benefciaries, marked Exhibit D, is attached hereto and incorporated herein by reference thereto. 13. That the said Gavin Horting is the minor child of Brenten and Tawnya Horting, husband and wife. 14. That the said Brenten and Tawnya Horting have indicated that The consents, if signed, wil! be attached as Exhibit E. 15. That the principal of the trust currently consists of an interest bearing DGlaff4 oap~~ account with PNC Bank. 16. That the Last Will and Testament of the said Edward N. Naylor waived the posting of security by Steven C. Daly as Trustee or Matthew Daly as alternate Trustee. WHEREFORE, it is respectfully requested that Your Honorable Court discharge Steven C. Daly from his office as Trustee of the Gavin Horting Trust and release him from future liability, conditioned upon the absolute confirmation of his account and the transfer and delivery of the assets of the mast in accordance with the adjudication thereof, and appoint Juniata Valley Bank Substitute Trustee of the Gavin Harting Trust with such security as Your Honorable Court deems reasonable and appropriate. RESPECTFULLY SUBMITTED, William R. Bunt, Esq. Supreme Court ID # 21529 109 S. Carlisle Street P.Q. Box 336 New Bloomfield, Pennsylvania 17068 {717) 582-8195 Attorney for Estate of Edward N. Naylor DpG], DG1G1ff4 VERIFIC_ gTIpN I hereby verify that the information set forth in the foregoing documen# is true and correc# #o the best of my knowledge, information and belief. I enders#and that any false statements con#ained herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date Steven C. Daly, Trustee of the Gavin Horting Trust and Executor of the Estate of Edward N. Daly D~a~~~ DpGI[~~ IN RE: . THE GAVIN HORTING TRUST Established under the Last Will and Testament of EDWARD N. NAYLOR, Deceased IN THE COURT OF COMMON PLEAS OF THE 9~"JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY NO. 21-09-0055 RESIGNATION !, Steven C. Daly, Trustee of the Gavin Harting Trust hereby resign as Trustee of the Gavin Horting Trust upon appointment of a successor trustee approved by the Orphans' Court of Cumberland County. Date Steven C. Daly, Trustee of the Gavin Horting Trust and Executor of the Estate of Edward N. Daly DV1G1G~' DGI~^lff4 IN RE: THE GAVIN HORTING TRUST Established under the Last Will and Testament of EDWARD N. NAYLOR, Deceased IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY NO. 21-09-0055 RENUNCIATION I, Matthew Daly, individually and as named alternate Trustee ofi the Gavin Horting Trust, hereby renounce my right to serve as Trustee of the Gavin HortingTrust. Date Matthew Daly DGIGI~ti DG~GI~~r EXHIBIT D Salvation Army 701 North Broad Street Philadelphia, PA 19123 Steven C. Daly 622 Elliott Drive Lewisberry PA 17339 Delores A. Daly 622 Elliott Drive Lewisberry PA 17339 Matthew Daiy 611 Georgian Place Harrisburg, PA 17111 Melissa Daly Zipser 4247 Green Park Drive Mt. Joy, PA 17552 Marc Barrick 15 A Pfautr Road Duncannon, PA 17020 Estate of Jan Steele Hammaker c/o David R. Getz, Esq. Wix Wenger & Weidner 508 N. 2" Street P.O. Box 845 Harrisburg, PA 17108-0845 Lori Nast 4470 95t~' Avenue Pinellas Park, FL 33782 Raymond Naylor 4215 E. Bay Drive #1506D Clearwater, Florida 33764 Dorothy Hof(ey 322 Dellville Road Duncannon, PA 17020 Ruth Ann Wright 67 S. 2"~ Street Newport, PA 17074 Barbara Jean Fry 322 Dellville Road Duncannon, PA 17020 Patricia Kissinger 914 Paradise Road New Bloomfield, PA 17068 Dixie Steigleman 231 Upper Bailey Road Newport, PA 17074 Diane Gutshall 7729 Fishing Creek Valley Road Harrisburg, PA 17112 Zachary Criswell Trust c/o Elmer &Shawna Criswell P.O. Box 68 Duncannon, PA 17020 Joshua Criswell Trust c/o Eimer 8~ Shawna Criswell P.O. Box 68 Duncannon, PA 17020 DG1Glfrir DpGlff~ IN RE: THE GAVIN HORTING TRUST Established under the Last Will and Testament of EDWARD N. NAYLOR, Deceased IN THE COURT OF COMMON PLEAS OF THE 9m JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY NO. 21-09-0055 CONSENT TO APPOINTMENT OF SUCCESSOR TRUSTEE AND NOW COMES, Tawnya Hurting biological mother of Gavin Hurting, beneficiary of the Trust created pursuant to the Last Will and Testament of the said Edward N. Naylor and respectfully represents that on behalf of Gavin Hurting, beneficiary of the Gavin Hurting Trust, she consents to the appointment of Juniata Valley Bank, N.A. as successor Trustee of the Gavin Harting Trust. Date Tawnya Hurting DG1Glff4 D~~~ IN RE: THE GAVIN HORTING TRUST IN THE COURT OF COMMON PLEAS OF THE 9 JUDICIAL DISTRICT Established under the OF PENNSYLVANIA Last Will and Testament of CUMBERLAND COUNTY EDWARD N. NAYLOR, Deceased NO. 21-Og-0055 AND NOW COMES, Brenten Horting biological father of Gavin Hortin beneficiary of the Trust created pursuant to the Last Will and Testament g of the said Edward N. Naylor and respectfully represents that on behalf of Gavin Hort' ing, beneficiary of the Gavin Horting Trust, he consents to the appointment of Juniata Val! ey Bank, N.A. as successor Trustee of the Gavin Horting Trust. Date Brenten Horting DGiGlff4 UNITED STATES POSTAL SERVICE First-C1ass Mail Postage 8 Fees Paid uses Permit No. G-10 • Sender. Please print your name, address, and ZtP+4 in this box • W]LLIAM R. BUNT,;£SQUIR£ i 109 SOUTH CARLISLE STREET I P.O. BOX 336 NEW BCOOMFIELD, PA 17068 N ~~ ~ ~ ~~{{ }}j} i~ ~ - I13t~~ilff~~li71(('~tt711~~1~i./!11}11~~F!!l~~1111111t11i1~~1/Fl}IFI~ ~,_ ~:. ~ Complete items 1, 2, and 3. ,4l5O • - item 4 if Restricted pelivery is desi deplete + Print your Warne and address on the reverse sothat we can return the Card to you. Attach this card to the back of the maiipiece; or on the front ii space Permits. 1 • Article Addressed to: - _ t Z~~,•, 1110 ~ehne..(,(s ~ ~a~ ~~~=~ P~ n~aa 3. A. Received by D• Is delivery if YER n~ ~o~'~ ~~ Type e1~'' Red Mali Bred ^ insur aD O C.O.D 2• A-8c1e Number 4• Restricted Relive frignsrer~r„ service ~eq 7 Q Q 8 323 Q Q001 3 66 9 S Form 38~ 1, February 2004 3 5 7 3 Domestic Return ~~ t ~~A9ent~ e"b -'~ • ate of Delivery tT ~ ~ `~' ~ o No r Merchandise OO Ye- g -~ ~~ fo2sss.o2.~,Itylp