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HomeMy WebLinkAbout12-12-13 (2) _ c ESTATE OF GEORGE W. HOWARD : IN THE COURT OF COMMON PLEAS Deceased : CUMBERLAND COUNTY)PENNSY,EVANI n o NO. 21-13-1143 m v ? o n • � s r F-' � i7 ORPHANS' COURT DIVIS�OI CAVEAT c } r rn Caveator,Robert J. Howard, by and through his counsel, Mateya Law Firm, P.C., Mark A. Mateya, Esquire files this formal Caveat and in support avers the following: 1. Robert J. Howard, (hereinafter referred to as "Caveator") is an adult individual presently residing at 942 Mountain Meadow Road, Libby, MT 59923, and he is a natural born son of the decedent. 2. Dennis Howard is an adult individual presently residing at 6016 Snowdens Run Road, Eldersburg, MD 21784, and he is a natural born son of the decedent. 3. Robert Surfield is an adult individual, believed to reside at 9 Crystal Lane, Carlisle, PA, and is the husband of the niece of the late Edna M. Howard, wife of George W. Howard. 4 George W. Howard, (hereinafter referred to as"Decedent") died testate on October 15, 2013, while residing at Forest Park Health Center&Rehabilitation in Carlisle, PA; prior to that, George and his wife Edna resided in a condominium at Chapel Pointe in Carlisle, PA; prior to moving into their condominium at Chapel Pointe, decedent and his wife Edna resided at 20 Wesley Drive, Carlisle,PA. 5. In April of 2006, the decedent executed a Will which was prepared by Attorney Stephen J. Hogg. From 2006 through 2012 Attorney Hogg assisted the Office of Aging in preparing Wills for senior citizens. Page 1 of 5 9� 6. Dennis G. Howard, decedent's son, was the attorney in fact for George Howard in November of 2009. Dennis G. Howard was the attorney in fact of decedent's health care power of attorney as of July of 2010. See Exhibit"A," incorporated herein by reference. 7. On or about November 17, 2009, George Howard was diagnosed with Alzheimers. 8. On November 24, 2009,the decedent again enlisted the services of Attorney Stephen J. Hogg to update his Will. A copy of the executed Will is attached hereto as Exhibit "B" and is incorporated herein by reference. 9. The Last Will & Testament of George Howard dated November 24, 2009, directed that the residual of his estate would be distributed as follows: A. "I direct that my entire estate go to my wife, Edna Howard." B. "Should my wife predecease me, I direct that my entire estate go to my children Dennis G. Howard and Robert J. Howard in equal shares." 10. The decedent's Last Will and Testament dated November 24, 2009,named Dennis G. Howard as his Executor. 11. Some time in late 2009 or early 2010, George Howard was moved from the condominium he shared with his wife to Chapel Pointe's assisted living facility. 12. On or about March 30, 2010, Dennis G. Howard was removed as the Attorney in Fact for George Howard. See Exhibit"C." Dennis G. Howard was replaced by John C. Oszutowicz as Attorney in Fact for George Howard. 13. On May 13, 2010, Edna Howard executed a new Will, enlisting the services of Attorney John C. Oszutowicz; Mrs. Howard's will appointed Attorney Oszutowicz as the Page 2 of 5 executor and the Trustee of any trust springing from the Will. This will does not name Robert Surfield in any fiduciary capacity or as a named beneficiary. 14. Edna Howard continued to live in the condominium which she and George had occupied. On January 16, 2012, George Howard's wife, Edna Howard,passed away. Both Robert J. Howard and Dennis G. Howard attended Edna Howard's funeral. 15. During the days leading up to Edna Howard's funeral and for an entire week after her funeral, Robert J. Howard visited with his father, George Howard; George Howard did not recognize his son, Robert Howard, and only after repeated visits did George begin to recognize his son,Robert. George Howard did recognize his son,Dennis,though at times he confused him for other people. 16. It is believed and therefore averred that George Howard was suffering from mental illness of Alzheimer or similar malady at the time of Edna's passing and during the months thereafter. 17. On April 24, 2012, George Howard executed the Will which is being challenged in the matter sub judice. It is believed and averred that George Howard executed this will at the urging of Robert Surfield. 18. Attorney John C. Oszustowicz assisted George Howard in the drafting of the April 24, 2012 Will and was also a witness to the will. Attorney Chris Rice was also a witness of this will. See Exhibit"E." 19. The April 24, 2012 Will of George Howard calls for all of Mr. Howard's tangible personal property as well as the residue of his estate to go to Robert Surfield; Robert Howard and Dennis G. Howard are contingent beneficiaries of the residue of their father's estate. Page 3 of 5 20. The Will George Howard executed on April 24, 2012, and drafted by Attorney John C. Oszustowicz named John C. Oszustowiez as the Executor and as the Trustee of any Trust springing from the Will. 21. Robert Surfield replaced Dennis G. Howard as the attorney in fact on George Howard's health care Power of Attorney on or about January 20,2012. 22. Robert Surfield was not a major part of the lives of Edna Howard or George Howard when both still lived at their home at 20 Wesley Drive, Carlisle,PA. He assisted them with oil changes for their cars from time to time and mowed their lawn occasionally. He helped them with odds and ends around their house. 23. After George and Edna Howard moved to Chapel Pointe, Robert Surfield played less of a role in the lives of George and Edna Howard—there was no grass to mow and they no longer each had a vehicle. 24. Robert Surfield was not a life-long acquaintance of George Howard. 25. George Howard was easily confused during the Iast two years of his life; specifically at the time relevant hereto,just months after his wife passing; George Howard had a weakened intellect and was susceptible to undue influence; Caveator has not yet seen the medical records of decedent at the time relevant hereto. 26. George Howard was under the incorrect impression at the time of executing his will on April 24, 2012,that his three sons, Robert J. Howard, Dennis Howard, and Scott Howard (deceased)were not his children because he was sterile. 27. It is believed and therefore averred that George Howard was unduly influenced by Robert Surfield prior to the drafting of the Will which was executed on April 24, 2012. Page 4 of 5 28. Caveator believes and therefore avers that George Howard lacked mental capacity to execute the Will dated April 24, 2012. 29. All persons known to have an interest in the Will and estate of George Howard are Robert J. Howard, Dennis G. Howard and Robert Surfield. WHEREFORE, Caveator requests the Register of Wills schedule a conference to discuss a hearing on the merits raised herein or certifying the matter to the Orphans Court. Respectfully Submitted, vu u� - Mateya Law Fi ,P.C. Mark A. Mateya, Esq. Pa Supreme Court ID 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099—Fax Date: rz (z 13 Page 5 of 5 1` VERIFICATION MARK A. MATEYA, ESQUIRE, of Mateya Law Firm, P.C., verifies that he is the attorney and agent for the Caveator herein, that the Caveator's verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Caveator, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904,relating to unworn falsification to authorities. Mark A. Mateya, QUIRE Mateya Law Finn, P.C. Dated: 12 2 1V25/2013 09:56 4105493552 MIDATt ANTIC MAINEOAE PAGE 02 , 'Mv.c UIM I IVE ADVANCE DIRECTIVE 07/15/2010 ...page 1 of 6 ... VA ADVANCE DIRECTIVE: t �aPA'apr lbw Jrg9-aSta 8.ranaedlAvJu�e>Y:39 ecrrarar DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND LIVING WILL r advance dtre#h+a faun U an official document ant where you can write dam medical care. If some dal re your f your e yourself, about your y you become unable to make healer ca decisions far oulee , advance directive can help guide the people who wig mace decisions for you. you can use ft form to name apett6c Pao*to make health care decisiare for you and/or to describe your preferences about how you want to be treated, When you complete this form, N Is important that you also talk to your doctor,your family, or others who may be Involved in decisions about your care,to make sure they understand what you meant when you filled Out this form. A health care professional can help you with this form and can anewer any questions you might have. N more space is needed for any part of this form, you may attach additional pages. Be sure to initial and date every page that you attach. PART is PERSONAL INFORMATION NAME(Lent,Fir4 Middte) SOCIAL SECURITY NUMBER sat q STREET ADDRESS SCANNED, CITY,STATE AND ZJP CODE HOME PHONE WITH AREA CODE WORK PHONE WITH=CODE MOBILE PHONE WITH AREA CODE Privacy Act intbrm rtlon and Paperwork Reductlan Act Mott" The k thetlon regcested an this roan to solkAted Under the Wftflty of 38.0,F.R.617.32.It Is being oollected to document your preforancas about your medloal care in the event you are no longer able to express these preferences.The Infomsrlkn you provide may be 0WOW outside the VA as pemldtsd by 1W possible dWasures Include then described In the'iGWNe uses'khn6Md In the VA cyst oo of reoorns 24VA18,Parent Medical Record-VA,published in the Federal Rs&tw In actordence vdh the Priwldy Act, of 1974.Ttrhr Is also available in the Compil"on of Privacy riot IseUanoss via 0011ne GPO sol ere at hftpjAewwQpo0o0*U.gov/ pdvacyKMndeir.html.Complellon of this form Is voluntary;however,without this IrHOmaadon VA health acre provident may have tan Inktnnatlon about your prafewoes.Failure to furntan the tnionneson will have no adverse~on any other hsne6h wtddh you may DO entitled to reosdva. The Paerwork RadurHOn Ad of/996 requtras us b trodly you that this irrfonn"M tom t{an to in aeeordance with the Wearanos requlremairae of ledlon 3607 of this AOL The puMio reporting burden for this 001Iea8on of kdarmdm Is sadmeled to average 3D minutes,krduding the sme for reviewing Instwellons;seamhing adeting data sources,gathering and mwn*"the date needed,and oompkiMg and reviewing the 0099d im of Information. No person wall be panWkad for lacing to hmOsh cue Inlomreeaon#a does not display a currently VOW tMiB danbut 7ntlabar- . ow 2m may 10-0137 Page 1 at$ vac loos m0.40. (M a86Chn4 tl219) - Di94 1 of a MTDATLANTIC MAINEQAE PAGE 03 11 l25l2013 09:56 410549356���4c UMMI i Nt AWANCE DIREC77VE 07/15/2010 ••.Page 2 Of 5 ^^ VA ADVANCE DIRECTIVE:DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND LIVING WALL NAME(Last, Firv,Middle) SCICtAt SECURITY NUMBER PART 0:D LE POWER OF ATTORNEY FOR HEALTH CARE This section of the advance directive form a called a Durable Power of Atamay for Heath Curare. This section of the form Mows you to epPWrd a spacifk person to make health care decisions for you in case you become unabis to make 09CIWOM for yourself,This person will be Delved your health Care Agent. Your Health Owe Agent should to someone You trust,who knows you well,and Is familiar with your values and be€Ws. If you becoms too iii to make de0slons for yourself,your Health Care Aunt will have the authority to make as health care decisions for you,Including decisions to sorrel you to and discharge you from any hospital or other health can institution. Your Health Care Agent can silo decide to start or stop any type of cikt4Cet usattnent, and can access your personal health €ntomtation, including Information from your medical records.NOTE- Information about weather you haw been bmilad for HIV or fresed for A108, sickle troll anemia, substance abuse or alwhofem cannot be shared wig►your Health Cara Apart unless you pine spacial written consent. Ask yaws VA health carp prav€der for the form yeu mtutt sitar(VA Form 1O.5M)if you wish to give permission for VA to share this.Information with your Haam Cara Apa A •HEALTH CARE AGENT Initial the box next to your choice, Choose only ono. I do not wish to designate a Health Care Agent at this time. (Skip this section and go to Part Ill,page 33 I appoint the person named below to make decisions about my health care If theta am Comes if time when I cannot make those decisions. Name(teat,Ptrat, Middle) Relationship �ha 61 ifeet dress an p e (t %kc S•�clstr , �.ur�ltd., i yr t me phone with Area Code Wont Plwne WIm Area C e Peons with Area Coda • " i ' blti'� Li1C?'�331t�$ B -ALTERNATE HEALTH CARE AMT Compete this section if you want to appoint a%soma person to make health Care decisions for you In case the first person you appointed Is unavallable. =610w named above cannot or will not make decisions forma,I appoint the Pirmw named as my Health Care Agent. Name(Last,FM Middle) Relationship Street Address Ry,State and P ode ome Phone with Aroe Coda Wont hone with Area Code Mollie one With Area Code YA FORM 10-0137 - Page 2 of 6 DEC400 M) OW,PD,t�acbyt 1f666T;R t3;}at - Pay`; aZ b k,,,,, ,,k � , �1 {{I i. { !� I 1 1� i i MIDATLANTIC MAINEOAE PAGE 04 12�!251 -- ------- - 56 ,iv4105493552 c I A14CE DIRECTIVE ADVANCE DIRECTIVE 41!15!2010 M#3 of6 ••• s J- VA ADVANCE DIRECTIVE: DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND LIVING WILL NAME(Last,Fiat,Middle) SOCIAL SECURrrY NUMBER �ki' PART 01:LMNG WILL This section of the advance directive roan is called a Living Will. This a on of the km allows you to write down how you want to be treated in case you become unable to make decisions for yourself. its purpose Is to inform the people who will be making decisions about your care. A -SPECIFIC PREFERENCES ABOUT UFEdrUSTAiNINf#TREATMENTS This section gives you a place to indicate your preferences about llse-sus thing treatments in particular situations.Some examples of life-sustaining treatments are CPR(cardiopulmonary msuacitation),breathing machine(mechanical ventilation),kidney dialysis,feeding tubas(artificial nutrition and hydration),and medicinss to fight inktction(antibiotics),Think about each situation described on 0%MR and ask yourself, "in that situation,Would I want to have Ills-sustaining treatments?"Place your Initials In the box that be* describes your treatment prefarence. you may compWo some,sN,or mats of fW iscNon. Choose only one box for each stetemsnt. Yea. No. I.wouid want to have ilfe- it would depend on I Would not Want to have sustaining trastmems. the circumstances. Iife-auetalnkrg treatments. if i am unc:onsdors,in a coma.or in a persistentni1e mrte'r, misa vegetative state and there is uttte or no chance of recovery If I have germane savers brain damage (for , ina(Ib example,severe dementia) that makes me unable to recognize my family or friends It I have a permanent condition that makes me ine.E x roars completely dependent on others for my daily needs (for example,eating, bathing,tntleting) if i am confined to be and need a breathing mschins for the neat of my life if I have pain or other nnw4 eaves symptoms that Cannot be relieved If I have a condmon that wilt ,M„�,� IriI1NN Irou.b cause me to dle very soon, even with fife- sustaining treatments aN 10-0137 Page of e oExaue p(apqpgpAq( MBB{RSR (lYI95 � PBye 3 a=6 MIDATLANTIC MAINEOAE PAGE 05 ;1!!M013 mi' l't[-bivi tLEei ADVANCE DIRECTIVE ADVANCE DIRECTIVE 07/10010 •..page 4 Of 6 PAADtV DIRECTIVE:DURABLY POWER OF ATTORNEY FOR HEALTH CARE AND LIVING WILL Hrot AM/0) SOCIAL SECURITY NUMBER RT 111:LIVING WILL(Conrd) 8 -AMTIONALPftFERMlCEe ropinlonsaboUt space write any o sr pre noes B u your ea cars a sire m n re not described elsewhere in this document. This may Include general preferences u would like to be cared for,or specific requests. For example,you might have clear t whether you would want a particular treatment (fo r example, a % ding tuba sir ions). You might want to comment on treatment of pain, or whether you would want fife-sustaining treatments on a trial basis. or you might want to write sboUt your pTaferer4ss regarding treatment of mental ihnmm- �J.g*11urr.�r� C •NOW STRICTLY YOU WANT YOUR PREFERENCES FOLLOWED Initial the box next to the statement Mt reflects how s y you want your p4lvences to ix owed. Choose only on&. winm I wan my pre erences, expressed above in this Living Will, to serve as a genera gu e. understand that to some situations the person makktg decisions for me may decide something different from the preferences I express above, If they think it is In my best Interest. I want my preferences,expressed above In this Living Will,to be followed strictly,even if the person who is making decisions for me thinks this is not in my best Interest. X a 04) 10-0137 Page a of 6 OlGF7J,�C6&!16 1fC882R& LSilO) - Yage 1 M 6 11/25/2013 09:56 4105493552 MIDATLANTIC MAINEOAE PAGE 06 OWAR04fORGE WEBSTER 21712.5219ILES]ADVANCE DIRECTIVE ADVANCE DIRECTIVE 07/15/2010 --•page 5 of 6 ••- VA ADVANCE DIRECTIVE:DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND LIVING WILL NAME(Last First Middle) SOCIAL SECURITY NUMBER PART IV: SIGNATURES A•YOUR BIGNATURB By my signature baiow.I certify that this form accureNly dacrlbas my prebrencaa. SIGNATURE L 7y . 7>I� ✓oy 'r Il - R -VWTNEBSEW SIGNATURES Two people must witness your signature. VA employees of the Chaplain Service, Psychology Service, Social Work Service,or nonclinical employees(e.g., Medical Administration Service, Voluntary Service or Environmental Management Service)may serve as witnesses. Other individuals employed by your VA facility may not sign as witnesses to the advance directive unless they are your family members. Witness 01 I personally witnessed me signing of this advance directive. I am not appointed as Health Care Agent in We advance directive.)am not financially responsible for the care ofthe person making this advance directive.To the beat of my knowledge,I am not named in the parson's will TAJ Date Tit lA �smq or y rea roes y, zip a Witrim 02 1 personally witnessed the signing of this advance dimalive. I am not appointed as Health Care Agent In this advance directive. I am not financially responsible for the care of the person making this advance directive.To the best of my knowledge, i am not named in the person's will. Name(Pitntea or ype M ir C-6 ells h ve birsel rasa and Zip Code 44anon r VA FORM DEC awe(Rs) 10-0137 Page a of 0 goriapp,f 8>,vr NMTO (5219) - i499 5 of 6 1.1125/2013 09:56 4105493552 MIDATLANTIC MAINEOAE PACE 07 OWAMEORCE WEBSTER 217.12.5219ILE81 ADVANCE DIRECTIVE ADVANCE DIRECTIVE 07/15/2090 --•Me 6 of 6 — VA ADVANCE DIRECTIVE:DURABLE:POWER OF ATTORNEY FOR HEALTH CARE AND t.1VBIG WILL NAME(Last First,Middle) SOCIAL SECURITY NUMBER PART V:SlG TORE AND SEAL OF NOTARY PUBLIC(OpNOnal) This VA Advance Directive form does not have to be notarized to be valid in VA fadlitkw However, you may need to have this document notarized for It to be recognized outside the VA health care setting. Space for a Notary's signature and seal is included below, On this — day day of In the year of , personally appeared before me known by me to be the person who completed this document and acknowledged it as their free act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my official seal in the County of State of on the date written above, Notary Public Commission Expires (SEALI VA w MS) 10-0137 Pape a of a CG}q,,�oA414 MUM (5219) r 4a"6 of 6 WILL OF GEORGE HOWARD I, George Howard of Cumberland County, Pennsylvania, declare this to be my last Will and hereby revoke all prior Wills and Codicils. 1. I direct that all my just debts, funeral expenses, gravemarker and administrative expenses shall be paid from my residuary estate as soon as practicable after my death. 2. 1 direct that all inheritance, estate, transfer, succession and death taxes of any kind whatsoever which may be payable by reason of my death shall be paid out of my residuary estate. 3. 1 direct that my entire estate be distributed as follows: A. I direct that my entire estate go to my wife, Edna Howard. B. Should my wife predecease me, I direct that my entire estate go to my children Dennis G. Howard and Robert J. Howard in equal shares. 4. 1 appoint Dennis G. Howard, as Executor of this my last Will. If Dennis G. Howard should predecease me or cease to act in such capacity, I appoint Teresa K. Howard as alternate. 5. The Executor of this Will shall have the power to distribute my estate in kind or in cash, or partly in either. 6. I direct that no Executor acting under this Will shall be required to enter bond in any jurisdiction. IN WIT SS WHE F�,,�havelher�pnto set my hand this day of/ '�(/ U4 __— , 2009. LAW OMEMSOF George HO and STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE,PA 17013x J TO 39Vd 3VO3NIVW DIINV-11VUIW Z55E6b50Tb 6Z:EO E1OZ/5Z/OT • J The preceding instrument consisting of this and one other page was on the day and date hereof signed, published and declared by George Howard 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 hereto. .)(YVC WITNESS TNESS i WOFFICGS OF STEPHEN J. HOGG 19 S.HANOVER STREET SUITE 101 CARLISLE.PA 17013 Z0 3DVd 3G03NIVW 0I1NC11dGIW Z99E6V90i6 6Z:E0 EM/5Z/02 ACKNOWLEDGMENT State of Pennsylvania as County of Cumberland I, George Howard, 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; that I signed it willingly and as my free and voluntary act for the purposes therein expressed. George Ho rd Sworn to or affirmed and acknowledg before me by George Howard the Testator, this ay of 309 NOTARIAL SEAL ltsplwn J.NoM Notary Public CatMb Sam CumbW110M Co.PA Notary PubiiGAttor iAYQoarnha�oo�R��Mm+Dgaamba'�.Y¢a� . AFFIDAVIT State of Pennsylvania se County of Cumberland We.4o Is k N 4UM24 and Rk A 1 Suff.,,,0 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. n Sworn-to or affirm d nd subscr' d to afore me by witnesses,7 this day of_ � 009. NOTARIAL SEAL c.AW OPflCES of Skwmn J.�tfir.Namry Pubpallot ry PUblic/Attomey ;TEPHEN J. HOGG Ly„yw go%CumbarMrW Co.PA I9 S.H SUMS 1 STREET SUITE 101 CARLISLE,PA 17013 REVOCATION OF POWER OF ATTORNEY KNOW ALL MEN 13Y THESE PRESENTS, that I, George Howard of Carlisle, Cumberland County, do hereby revoke the Power of Attorney dated November 24,2009 granted to Dennis G. Howard and Teresa K. Howard, IN WI SS WHEREOF,the above-named principal hereto sets his hand and seal this of March, 2010. WITNESS: L' (SEAL) Georg oward, Principal COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the day of �n O� , 2010, bbfore tne, the undersigned officer,personally appeared Georg0loward, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he signed same for the purposes therein stated. IN WTINESS WHEREOF,I have hereunto set hand d official Rfiry Public .•... :M;i'„9::rt.2,2"70 - S0 39VC] 3VO3NIVW 0IlNV_UVGIW Z99E6b90t4 9960 CTOZ/9Z/tt PFCCR0 ORCE O LAST WLL AND TESTAMENT 2@ I2 f E8 24 AM 11: 4-6 OF CLERK OF ORPi-lkN'S COURT EDNA M.HOWARD :CUMBERLAND CO, PA 1, EDNA M. HOWARD, of Cumberland County, Pennsylvania,do make, publish and declare this as and for rrry Last Will and Testament, hereby expressly revoking all wills and codicils made by me heretofore, and dispose of my estate as follows: ITEM f: 1 direct the payment of my just debts and funeral expenses, including a suitable and proper grave marker, as soon as conveniently can be done following my decease. ITEM 2: 1 direct that all State and Federal Transfer Inheritance Tax, Estate Tax, Succession Tax or any o"drer tax, including anp interest, assessments or penalties thereon, that may become due and payable by virtue of rrry death, or by virtue of the passing of any property either under my Last Will and Testament, or in any other manner, shall be paid from my residuary estate, just as if such taxes were my debts, and no beneficiary shall be required to pay or refund any part thereof. ITEM 3: My tangible personal property (excluding money, securities and the like) and my motor vehicles, together with all insurance relating thereto, I give and bequeath unto my husband, GEORGE W. HOWARD, if he survives me. Should my husband fail to survive me, then all of such items of tangible personal property not disposed of shall be sold and distributed as part of my residuary estate. ITEM 4: All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, I give, devise and bequeath unto JOHN C. OSZUSTOWICZ, IN TRUST. My Trustee shall hold and distribute the principal and income of this(rust in accordance with the following Instructions: A. If my husband survlgres me, my Trustee shall pay all the income from the trust to him or for his benefit in at least quarter-annual installments. in addition, my Trustee shall distribute so much of the principal of the trust to or for the benefit of my husband as my Trustee, or his successor, shall deem necessary, in his sole discretion, for his health, maintenance and support. Upon the death of my husband, my Trustee shall pay to his personal representative, or directly to the taxing authority, from principal such amount, if any, as said personal representative certifies as being the additional death taxes payable by reason of the inclusion of any part or all of the trust in my husband's estate for such tax purposes. If my husband does not survive me, this preceding instruction shall not be applicable. B. If my husband does not survive me or upon the death of my husband, my � b , trust estate shall be distributed to my brother, HARVEY McCOMMON. If HARVEY McCOMMON falls to survive me,then my trust estate shall be distributed to my sister- In-law, LOIS McCOMMON. If LOIS MoCOMMON fails to survive me,but has issue who are then living,then her share of my estate shall be distributed to her issue,per stirpes, subject to the provisions of ITEM 5. ITEM 5: 1 further direct, anything hereinbetore to the contrary notwithstanding, that in the event any or all of the distributions provided hereunder be to a beneficiary or beneficiaries while she, he or they are still under the age of twenty-fire (25) years, that distribution of the share of each such beneficiary be instead to my Trustee, JOHN C. 2 OSZUSTOWM to be held by my Trustee in a separate and distinct bust for each such beneficiary for the following purposes: A My Trustee shall aac muk to the net incom earned on each trust and shag add the same to the corpus of said trust. B. In the sole and uncontrofted discretion of my Trustee, he may utilize both the income and/or principal of each trust for the health, maintenance,education and support of the beneficiary of that trust. it is my desire,but not my direction,that my Trustee encourage any and all of the beneficiaries of the trusts created by this Will to further their education along those lines which interest each beneficiary and provide for higher education(college, professional, Wmkat or any other forms of higher educa tion) of any or all of my. beneflclaries, up to the ardent or firrit of principal and incorne of the trust of which he or she is a beneficiary. C. My Trustee may pay over from time to time such of the principal and/or income of the beneficiary's bust as he, she or their guardian may request in writing, provided the intended use is for a purpose'which the Trustee believes will promote his or her support, such as the purchase of a home, establishing a business or profession,wedding expenses, etc. D. My Tnstee may make expenditures for any beneficiaries without the intervention of a guardian. E. My Trustee may pay the reasonable burial expenses, Including a suitable and proper grave marker, for the beneficiary of any mist that has not been terminated by previous distribution, and N rry Trustee, in the exercise of his sole discretion, choom to 3 y pay the same,he shalt charge the eVense thereof agwat the tarsi of that beneficiary. F. The beneficiary of each such trust shall have the right to withdraw in one or more Installments the balance of his or her trust, after attaining the age of twenty-five(25) years by giving written notice to Tn>stee. G. in the evert arty behelic iary or ben�Rclarias subject to the provisions of this Item die prior to having received full distribution of his or her trust, leaving issue surviving, my Trustee shall dives the balance then remaining in the deceased beneficiary's trust into as marry equal shame as the deceased beneficiary leaves issue surviving and shall hold each portion, so divided, in a separate and distinct trust for each such issue under the same terms and conditions as my Trustee held the trust of the deceased beneficiary which was divided pursuant to this provision. H. In the event any beneficiary or beficiaries subject to the provisions of this hem en dies prior to having received full distribution of his or her trust, without leaving Issue surviving,the balance of his or her trust shall go to the surviving sisters and brothers of said beneficiary and to the surviving issue of any deceased sisters and brothers of said beneficiary, per sfirpes. -The'share of the rscipierrt shall be added to the trust already existing for said recipient and shall be administered and/or distributed in accordance with its terms, providing, however, that if such trust has already been temilrated by prior distribution, then said shares shall be distributed outright to such recipients. And if no trust already exists for any such recipient, the share of such recipient sired be held In bust, administered and distributed by the Trustee herein named and in the manner herein provided for beneficiaries of trusts. 1. And in the event there are no beneficiaries who qualify under the provisions of the 4 • .u J l previous paragraph by representation or otherwise, then all balances remaining shall be distributed as set forth in ITEM 4. ITEM 6: In the administration of my estate and the mists herein created, my Executor and Trustee shall have the following powers without: leave of court in addition to, but not In limitation of, the powers granted by law to the Executors and Trustees of estates and trusts, which powers shall continue after the termination of my estate and the trust or trusts provided for herein until actual distribution of the assets: A. To receive in the estate and to receive and retain in the trusts any assets, real or personal, to which I may be entitled at the time of my death,which my Executor or Trustee may deem for the best interest of the estate or trusts without being required to convert said assets into so-called"legal investmerts". B. To invest and reinvest in such securities as a prudent man of intelligence and discretion would buy for himself for investment and not for speculation, giving due regard to the safety of the principal and the adequacy of the income, and without being limited to the so-called "legal investrneW of the Commonwealth of Pennsylvania, said Investment sutharity to include the right to invest in any Discretionary or Legal Common Trust Fund that may be administered and managed by my Corporate Executor or Corporate Trustee. C. To sell or buy real estate without Court order at public or private sate;to make, execute and deliver or receive good and sufficient deeds of conveyance and give or receive good We therefor; to reinvest the pmoseds as if they had originated In personal property; to mortgage or encumber any real estate held in trust, or comprising part of my estate, borrowing the necessary funds from any source, including themselves; to improve any properly or otherwise expend principal funds for the upkeep and welfare of any 5 properties, to release, vacate and abandon the same, to grant and acquire ikcar�ses and easements with respect thereto:to make improvements to or upon the same,and in general to do all things necessary in the management of the properties as if they are the owners thereof, including the right to let property and to make leases for any term including beyond the terms of the masts. The purchaser shall not be required to sea to the proper application of pis but may pay the same over to the Executor or Trustee selling the same. D. To make distribution hereunder In cash or of property and securities in kind at fair market value at the time of such distribution and in such a manner as to be fair, equitable and just to all concerned, Distributions of property and securities are not required to be identical among the beneficiaries and shares, and soma may receive one type of property and security while anothar may receive another type of property or security. E. Income accrued on any property received by my Trustee either at the inception of the trust or as an addition thereto shall be treated as income and rot as principal. Upon the death of any beneficiary of income, any undistributed income in the hands of my Trustee held for such beneficiary at the time of his or her death shall be paid to the parson or persons for whose benefit the principal producing such income is continued in trust or to whom it is distributed under the ten, of this will. F. To exercise arty election or privilege given by the federal and other taut laws, including but not limited to, the consent on gift tax returns to have any gift made by my spouse considered as made In`part by me for gift tax purposes,the filing of joint Income tax returns, the payment of any portion of income or gift tan due under such retums, the election of the alternate valuation for federal estate tax purposes, the election to claim deductions for federal estate tax or for federal income tax purposes, the allocation of the 6 federal generation-slapping tax exemption and the election of the method of payment of pension, profit-sharing, HR-10, Individual retirement account, and any other similar benefits. in addition, my fiduciaries, in their sole discretion, may make or not make equitable adjustment among the beneficiaries, without the consent of the beneficiaries, for the exercise or non-exercise of any election or privileges. G. To disclaim and/or renounce any amounts to which I may be entitled from any trust or estate of which I am a beneficiary If my fiduciary, in such fiduciary's sole discretion, believes such renunciation or disclaimer would be appropriate. ITEM 7: H, for any reason, a guardian over the estate of a beneficiary or benefidaries is needed or required, my Trustee, JOHN C. OSZUSTOWICZ (or his successor), shall be the guardian of the estate of such beneficiary or beneficiaries,With the same rights, powers, privileges, duties and responsibilities as 1 have given to him.as Trustee. ITEM 8: 1 nominate,constitute and appoint JOHN C. OSZUSTOWICZ to be the sole Executor of this, my last Will and Testament. If he is unable or unwilling to serve as Executor, I appoint my brother, HARVEY McCOMMON to be Executor of this, my Last Nil and Testament If HARVEY McCOMMON is unable or unwilling to serve or continue to serve, I appoint TRICIA D. NAYLOR to be Executrix No Executor or Trustee shall be required to give bond. ITEM 9: If JOHN C. OSZUSTOWICZ, is unable or unwilling to serve as Trustee,my brother HARVEY McCOMMON'shall serve as Trustee. If HARVEY McCOMMON Is unable or unwilling to serve or continue to serve TRICIA D. NAYLOR, shall serve as Trustee. Anyone who serves, as Trustee shall have the power to appoint a successor Trustee 7 COMMONWEALTH OF PENNSYLVANIA ) } SS: COUNTY OF CUMBERLAND } 1, EDNA M. HOWARD,Testatrix,who signed the foregoing instrument, having been duly qualified according to law, acknowledge that 1 signed and executed the instrument as my free and voluntary act for the purposes therein contained. EDNA M_ HOWARD Sworn to or affirmed and acknowledged before me by EDNA M. HOWARD the Testatrix,this of May, 2010. oarrrnow+erNOWof ar�risrLVVaaok ,^UkR1AO,noar►W oW*oyP,a�e. a CWAW *k tartNNbn Ott.Y0,361} Notary Public COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND ) We, the undersigned witnesses who signed the foregoing instrument, being duty qualified according to law, depose and say that we were present and saw Testatrix sign and execute the Instrument as her Last Will and Testament;that she signed and executed It willingly as her free and voluntary act for the purposes therein expressed;that each of us in her sight and hearing signed the Will as witnesses*,that Testatrix is known to each of us; and that to the best of our knowledge and observation the Testatrix was at the time of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by.� � s !Y %c and`frirta N Nowlor witnesses, this ydµtfay of May, 2016 mrwMnHw TH PENNVLVArsx "°L01 s r iaro aM R uo,tbun nay Notary Public cotbun,o fte"W a v 01 30,2039 9 f ♦ B COMMONWEALTH OF PENNSYLVANIA } } SS. COUNTY OF CUMBERLAND } t, EDNA M HOWARD,Testatrix,who signed the foregoing instrument, loving been duly qualified according to law, acknowledge that I signed and executed the instrument as my free and voluntary act lbr the purposes therein contained. EDNA M. HOWARD Sworn to or afimead and acknowledged before me by EDNA M. HOWARD the Testatrix,this Zbey of May,2010. ovoomam of PavOWMA ft Notary Public ca""r.a" oa ro,zbo COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } We, the undersigned witr►esses who signed the fm+egang instrunwit, being duly qualified according to law, depose and any that we were present and saw Testatrix sign and execute the instrument as �Last WIN and T�that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed;that each of us in her sight and hearing signed the Will as mftwssw,that Testatrix is known to each of us; and that to the best of our knowledge and observation the Testatrix wm at the time d sound mend and under no constraint or undue irtluerx�e. Swom to or allimeed and subscribed to before me by%1Dhn tLzt�sluawicz and -Tr%r N r�iayiQ� _ witnesses, this yam*'dry of May, 2016. Notary Public CNN*BWo%090 a�q o�.z miq t a f w rn n n o co M ° n LAST WILL AND TESTAMENT m N m rn y � Q b o -,c7 � 'r, �� -a OF c> o -TI ' c) C7 _ N 1"il GEORGE W. HOWARD y n, u, i w I, GEORGE W. HOWARD, of Cumberland County, Pennsylvania, do make, publish and declare this as and for my Last Will and Testament, hereby expressly revoking all wills and codicils made by me heretofore, and dispose of my estate as follows: ITEM 1: 1 direct the payment of my just debts and funeral expenses, including a suitable and proper grave marker, as soon as conveniently can be done following my decease. ITEM 2: 1 direct that all State and Federal Transfer Inheritance Tax, Estate Tax, Succession Tax or any other tax, including any interest, assessments or penalties thereon, that may become due and payable by virtue of my death, or by virtue of the passing of any property either under my Last Will and Testament, or in any other manner, shall be paid from my residuary estate, just as if such taxes were my debts, and no beneficiary shall be required to pay or refund.any part thereof. ITEM 3: My tangible personal property (excluding money, securities and the like), I give and bequeath unto ROBERT SURFIELD, if he survives me. Should ROBERT SURFIELD fail to survive me, then all of such items of tangible personal property not disposed of shall be sold and distributed as part of my residuary estate. ITEM 4: All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, I give, devise and bequeath unto ROBERT SURFIELD. If ROBERT SURFIELD fails to survive me, then the residuary of my estate shall be distributed equally to my sons ROBERT HOWARD AND DENNIS G. HOWARD. If either of my sons fails to survive me but has issue who are then living, then his share of my estate shall be distributed to his issue, per stirpes, subject to the provisions of ITEM 5. if either of my sons fails to survive me but has no issue then his share of my estate shall be distributed to the surviving son. ITEM 5: 1 further direct, anything hereinbefore to the contrary notwithstanding, that in the event any or all of the distributions provided hereunder be to a beneficiary or beneficiaries while she, he or they are still under the age of twenty-five (25) years, that distribution of the share of each such beneficiary be instead to my Trustee, JOHN C. OSZUSTOWICZ, to be held by my Trustee in a separate and distinct trust for each such beneficiary for the following purposes: A. My Trustee shall accumulate the net income earned on each trust and shall add the same to the corpus of said trust. B. In the sole and uncontrolled discretion of my Trustee, he may utilize both the income and/or principal of each trust for the health, maintenance, education and support of the beneficiary of that trust. It is my desire, but not my direction, that my Trustee encourage any and all of the beneficiaries of the trusts created by this Will to further their education along those lines which interest each beneficiary and provide for higher education (college, professional, technical or any other forms of higher education) of any or all of my beneficiaries, up to the extent or limit of principal and income of the trust of which he or she is a beneficiary. 2 C. My Trustee may pay over from time to time such of the principal and/or income of the beneficiary's trust as he, she or their guardian may request in writing, provided the intended use is for a purpose which the Trustee believes will promote his or her support, such as the purchase of a home, establishing a business or profession, wedding expenses, etc. D. My Trustee may make expenditures for any beneficiaries without the intervention of a guardian. E. My Trustee may pay the reasonable burial expenses, including a suitable and proper grave marker, for the beneficiary of any trust that has not been terminated by previous distribution, and if my Trustee, in the exercise of his sole discretion, chooses to pay the same, he shall charge the expense thereof against the trust of that beneficiary. F. The beneficiary of each such trust shall have the right to withdraw in one or more installments the balance of his or her trust, after attaining the age of twenty-five (25) years by giving written notice to Trustee. G. In the event any beneficiary or beneficiaries subject to the provisions of this Item die prior to having received full distribution of his or her trust, leaving issue surviving, my Trustee shall divide the balance then remaining in the deceased beneficiary's trust into as many equal shares as the deceased beneficiary leaves issue surviving and shall hold each portion, so divided, in a separate and distinct trust for each such issue under the same terms and conditions as my Trustee held the trust of the deceased beneficiary which was divided pursuant to this provision. H. In the event any beneficiary or beneficiaries subject to the provisions of this 3 a , i Item dies prior to having received full distribution of his or her trust, without leaving issue surviving, the balance of his or her trust shall go to the surviving sisters and brothers of said beneficiary and to the surviving issue of any deceased sisters and brothers of said beneficiary, per stirpes. The share of the recipient shall be added to the trust already existing for said recipient and shall be administered and/or distributed in accordance with its terms, providing, however, that if such trust has already been terminated by prior distribution, then said shares shall be distributed outright to such recipients. And if no trust already exists for any such recipient, the share of such recipient shall be held in trust, administered and distributed by the Trustee herein named and in the manner herein provided for beneficiaries of trusts. I. And in the event there are no beneficiaries who qualify under the provisions of the previous paragraph by representation or otherwise, then all balances remaining shall be distributed as set forth in ITEM 4. ITEM 6: In the administration of my estate and the trusts herein created, my Executor and Trustee shall have the following powers without leave of court in addition to, but not in limitation of, the powers granted by law to the Executors and Trustees of estates and trusts, which powers shall continue after the termination of my estate and the trust or trusts provided for herein until actual distribution of the assets: A. To receive in the estate and to receive and retain in the trusts any assets, real or personal, to which I may be entitled at the time of my death, which my Executor or Trustee may deem for the best interest of the estate or trusts without being required to convert said assets into so-called 'legal investments". B. To invest and reinvest in such securities as a prudent man of intelligence and 4 discretion would buy for himself for investment, and not for speculation, giving due regard to the safety of the principal and the adequacy of the income, and without being limited to the so-called 'legal investment' of the Commonwealth of Pennsylvania, said investment authority to include the right to invest in any Discretionary or Legal Common Trust Fund that may be administered and managed by my Corporate Executor or Corporate Trustee. C. To sell or buy real estate without Court order at public or private sale; to make, execute and deliver or receive good and sufficient deeds of conveyance and give or receive good title therefor; to reinvest the proceeds as if they had originated in personal property; to mortgage or encumber any real estate held in trust, or comprising part of my estate, borrowing the necessary funds from any source, including themselves; to improve any property or otherwise expend principal funds for the upkeep and welfare of any properties; to release, vacate and abandon the same; to grant and acquire licenses and easements with respect thereto; to make improvements to or upon the same; and in general to do all things necessary in the management of the properties as if they are the owners thereof, including the right to let property and to make leases for any term including beyond the terms of the trusts. The purchaser shall not be required to see to the proper application of proceeds but may pay the same over to the Executor or Trustee selling the same. D. To make distribution hereunder in cash or of property and securities in kind at fair market value at the time of such distribution and in such a manner as to be fair, equitable and just to all concerned. Distributions of property and securities are not required to be identical among the beneficiaries and shares, and some may receive one type of property and security while another may receive another type of property or security. 5 • a E. Income accrued on any property received by my Trustee either at the inception of the trust or as an addition thereto shall be treated as income and not as principal. Upon the death of any beneficiary of income, any undistributed income in the hands of my Trustee held for such beneficiary at the time of his or her death shall be paid to the person or persons for whose benefit the principal producing such income is continued in trust or to whom it is distributed under the terms of this will. F. To exercise any election or privilege given by the federal and other tax laws, , including but not limited to, the consent on gift tax returns to have any gift made by my spouse considered as made in part by me for gift tax purposes, the filing of joint income tax returns, the payment of any portion of income or gift tax due under such returns, the election of the alternate valuation for federal estate tax purposes, the election to claim deductions for federal estate tax or for federal income tax purposes, the allocation of the federal generation-skipping tax exemption and the election of the method of payment of pension, profit-sharing, HR-10, individual retirement account, and any other similar benefits. In addition, my fiduciaries, in their sole discretion, may make or not make equitable adjustment among the beneficiaries, without the consent of the beneficiaries, for the exercise or non-exercise of any election or privileges. G. To disclaim and/or renounce any amounts to which I may be entitled from any trust or estate of which I am a beneficiary if my fiduciary, in such fiduciary's sole discretion, believes such renunciation or disclaimer would be appropriate. ITEM 7: 1 nominate, constitute and appoint JOHN C. OSZUSTOWICZ to be the sole Executor of this, my Last Will and Testament. If he is unable or unwilling to serve as Executor, I appoint ORRSTOWN BANK Executor of this, my Last Will and Testament. 6 No Executor or Trustee shall be required to give bond. ITEM 9: If JOHN C, OSZUSTOWICZ, is unable or unwilling to serve as Trustee, ORRSTOWN BANK shall serve as Trustee. Anyone who serves as Trustee shall have the power to appoint a successor Trustee should there be a vacancy in the office of Trustee and none of the persons appointed herein is able or willing to serve. Such Trustee shall exercise this power of appointment by placing in the written records of the trust the name of the person(s) who shall serve. If more than one Trustee appoints a successor, then the last such appointment shall be effective. Any successor Trustee shall have the power to appoint subsequent successor Trustees in the same manner as set forth herein. ITEM 10: Wherever the context requires, the masculine gender shall include the feminine and neuter gender, and vice versa, and the singular shall include the plural, and vice versa. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ZNPIday of April 2012. GEOR E W. HOWARD Signed, sealed, published, acknowledged and declared by the above-named Testator, GEORGE W. HOWARD, as and for his Last Will and Testament, 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 thereto. Of qd (.0 - Ja T� .S1iA Of J76l3 7 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, GEORGE W. HOWARD, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed the instrument as my free and voluntary act for the purposes therein contained. GEORG W. HOWARD Sworn to or affirmed and acknowledged before me by GEORGE W. HOWARD, the Testator, this 0 1 day COMMONWEALTH OF PENNSYLVANIA of April 2012. Notaral seal gmberlY R.Leo,Notary Public Carlisle Boro,Cumberland County My Commission Expires Oct,10,2013 Notary Public COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to. law, depose and say that we were present and saw Testator sign and execute the instrument as his Last Will and Testament; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses; that Testator is known to each of us; and that to the best of our knowledge and observation the Testator was at the time of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by „bhrt C OSZUsh)W rcz and 0hrls4bbhev E Rice witnesses, this 7j " day of April 2012. e, LAZ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal pmberly R.Leo,Notary Public 8 Carlisle Boro,Cumberland County My Commisslon Expires 0 10,2013 J' - A CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire,hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class,postage prepaid, at Carlisle, Cumberland County,Pennsylvania addressed to: Christopher E. Rice Esq Martson Law Offices 10 East High Street Carlisle PA 17013 Dennis Howard 6016 Snowdens Run Road Eldersburg MD 21784 Robert Surfield 9 Crystal Lane Carlisle PA 17013 V Vim^'-"� Mark.A. Mateya, quire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717)241-3099 Fax Dated: