HomeMy WebLinkAbout03-24-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information ,ff 1 .��ff
Name: Harold F. Mowery Jr. File No: [� I — I Y uc?
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: March 3 2014 Age at death: 84
Decedent was domiciled at death in Cumberland County, Pennsylvania (state) with his/her last
principal residence at 2849 Vista Circle Camp Hill Camp Hill Borough Cumberland County
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Homeland. 1901 North 5th Street,Harrisburg 17102 City of Harrisburg,Daunhin County Pennsylvania
Street address,Post Office and Zip Code City,Township or Borough County Stale
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania.. ..... .... .... . ..... . . . . .. . All personal property $ 1,500,000.00
If not domiciled in Pennsy lvania. ........ ...... . . . .. . . . . Personal property in Pennsylvania $
If not domiciled in Pennsy lvania. ... .... ....... . . .... . .. Personal property in County $
Value of real estate in Pennsyl vania.. ..... ... .. . . . ... . .... .. ............. . . .. . . . . . .... . ..... $ 150,000 00
TOTAL ESTIMATED VALUE. . . . $ 1.850 000 00
Real estate in Pennsylvania situated at: 18 Acres on Meadow Tr. York Monaghan Township York
(Attach additional sheets,if necessary,) Street address,Post Office and Zip Code City,Township or Borough County
JT A. Petition for Probate and Grant of Letters Testamentary
Petitioner aver she is the Executrix named in the last Will of the Decedent,dated October 11,2012 Codicil(s)
thereto dated No Codicil
-State-relevant-circumstances(egg renunciation,-0eath arexecutor,-etc.) -- —_
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g),and did not have a child bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
O NO EXCEPTIONS ❑ EXCEPTIONS
0 B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a.,pendente lite, durante absentia, durante minoritate
If Administration, c.t.a. or d.b.n.c.ta., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§ 3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
N
O NO EXCEPTIONS ❑ EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the fo+.sIng spouse{} any) dirs(attach
additional sheets, if necessary): s• 0 =a
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Form RW-02 rev. 10/1112077 Page 1 oft
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA } RECORDED OFFICE OF REGISTER OF WILLS
} SS:
COUNTY OF CUMBERLAND } N 24 PM 4 03
Petitioner(s)Printed Name Petitioner(s)Printed Add ress
tt op
Phyllis S. Mowery 2849 Vista Circle Cam p Hill PA 17011 ORPHANS, GOURT
CUMBERLAND CO.. PA
The Pettioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Deced nt,t Pe'rtioner( will w I and truly administer the estate according to law.
Sworn to�or affirmed and subscribed before Date 2 /
met is G�day of IM r `� Date
BY Date
or the Regi to In Date
BOND Required: ( YES O NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ 1,110.00 Attorney Signature:
( 10 ) Short Certificate(s). . . . . . 50.00
( )Renunciation(s).. . . . . . . .
( ) Codicil(s). . . . . . . . . . . . . 6.
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Stanley A. Smith
Commission. . . . . . . . . . . . . . . . Supreme Court
.. Other . I . .—. . . . ID Number: 33782
- — --------
Inheritance Tax Return . . . . . . . . 15.00
Inventory . . . . . . . . 15.00 Firm Name: Rhoads&Sinon LLP
Will . . . . . . . . 15.00 Address: One S. Market Street. 12th Floor
P.O. Box 1146
. . . . . . . . Harrisburg,PA 17108-1146
. . . . . . Phone: 717-233-5731
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717-238-3651
ICS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: ssmitb La�rhnads-sinim cnm
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 1 233 50
DECREE OF THE REGISTER I
Estate of 11p�YQ Ia T. MAow l q L ,• File No: 02 f — f — ��Q
a/k/a:
AND NOW, KO(-C,h Qn 2 C1 I4 , inconsideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Phyllis S.Mowery
in the above estate and(if applicable) that
the instrument(s) dated October 11,2012
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
I m��
egtster of Wills � f
Form RW-01 rev. 1011112011 a e 2 of 2
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LAST WILL AND TESTAMENT 3 C
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HAROLD F. MOWERY, JR. n
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1, HAROLD F. MOWERY, JR., of Camp Hill, Cumberland County, Pennsylvania,
being of sound and disposing mind and memory, do make, publish and declare this to be my Last
Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made.
I am married to PHYLLIS S. MOWERY (hereinafter referred to as "My Spouse")
and the children born of our marriage are, HAROLD F. MOWERY, III , PHYLLIS D.
VANGAVREE and THEODORE W. MOWERY. As used herein the term "my children" shall
refer to the aforelisted children born of my marriage with My Spouse.
1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my
household furniture and furnishings, automobiles, other motor vehicles, books, pictures,jewelry,
china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or
adornment, collections, artworks, boats and recreational equipment and vehicles, computers
(including all items of hardware and software used with or for my computers), together with all
policies of insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not
survive me, I give such articles to my children living at my death in as nearly equal shares as they
shall select under the supervision of my Executor. Any cost of packing and shipping said
Page 1 of 14 Pages
861450.1
personalty to the beneficiaries, including insurance, shall be paid by my Executor as a general
administration cost. If any such articles cannot be fairly divided or distributed in kind in the
opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of
my residuary estate.
2. BEQUESTS PAYABLE IF MY SPOUSE DIES BEFORE ME. If My
Spouse dies before me, I make the following bequests:
(a) Bequests to Grandchildren.
(1) I give and bequeath the sum of TWENTY-TWO
THOUSAND ONE HUNDRED DOLLARS ($22,100.00) to each
grandchild of mine who has not graduated from high school at the time of
my death.
(2) I give and bequeath the sum of TWELVE THOUSAND
ONE HUNDRED DOLLARS ($12,100.00) to any grandchild of mine who
has graduated from high school but has not attained the age of twenty-one
(2 1)years at the time of my death.
(3) I give and bequeath the sum of TEN THOUSAND
DOLLARS ($10,000.00) to any grandchild of mine who has attained the age
of twenty-one (21)years but has not yet attained the age of twenty-three (23)
years. It is my hope that such grandchild will complete his or her
undergraduate degree.
(4) Notwithstanding the provisions of this ITEM 2(a), any
bequest to a grandchild under this ITEM shall be paid to the grandchild's
parent who is a child of mine as custodian for the grandchild under the
Pennsylvania Uniform Transfer to Minor's Act until the grandchild attains
the age of twenty-five years.
(5) The bequests under this paragraph (a) are intended to
continue the tradition of My Spouse and me making gifts to our
grandchildren upon graduation from high school, upon attaining the age of
twenty one years and upon graduation from college. No grandchild shall
Page 2 of 14 Pages
receive bequests under more than one subparagraph of this ITEM 2(a). If
My Spouse or I make any such gifts to a grandchild while either of us is
living, the gift will be deemed to be an advancement under this ITEM. I
hereby grant my Executor broad latitude in the implementation of this
paragraph(a) to fulfill my intent and I ask that the beneficiaries under this
Will honor such decisions of my Executor.
(b) Bequest to Charity. I give and bequeath to THE FOUNDATION
FOR ENHANCING COMMUNITIES ("TFEC"), Harrisburg, Pennsylvania, a sum
equal to the difference between Two Hundred Fifty Thousand Dollars
($250,000.00) and the amount actually passing to TFEC on account of my death
from the Harold F. Mowery, Jr. and Phyllis S. Mowery Charitable Remainder
Unitrust dated December 27, 2000. Any sum passing to TFEC under this paragraph
(b) shall be added to the assets of the Mowery Family Fund.
The bequests under this ITEM 2 shall be null and void if I die before My Spouse.
3. BEQUEST. I give, devise and bequeath to My Spouse, if My Spouse
survives me, all of my right, title and interest in PHM ASSOCIATES, a Pennsylvania general
partnership, and my right, title and interest in real estate known and numbered as 1023 Mumma
Road, Lemoyne, Cumberland County, Pennsylvania, which is held by such partnership. If My
Spouse disclaims the bequest under this ITEM 3, I give, devise and bequeath such disclaimed
assets to the Unified Credit Trust under ITEM 4 hereof.
4. UNIFIED CREDIT TRUST. I give, devise and bequeath to my Trustee
hereinafter named, IN TRUST NEVERTHELESS,to be held, administered and disposed of in
accordance with this ITEM for the benefit of My Spouse and my issue (herein referred to as the
"Unified Credit Trust") an amount equal to the sum of the balance of the dollar amount not taxed
in my estate due to the application to my estate of(i)the applicable credit amount against federal
estate tax permitted under Section 2010 of the Internal Revenue Code of 1986, as amended, or any
Page 3 of 14 Pages
subsequent successor or parallel provision thereto (the "Applicable Credit Amount"), after
deducting therefrom the value, for federal estate tax purposes, of(a) assets included in my federal
gross estate which pass or have passed other than under the terms of this Will and which will
utilize a portion of the Applicable Credit Amount, (b) any bequests under the preceding ITEMS of
this Will which will utilize a portion of the Applicable Credit Amount and (c) adjusted taxable
gifts not included in my federal gross estate but included in the computation of the tentative
federal estate tax in my estate; and (ii)the state death tax credit allowed for federal estate tax
purposes (but only to the extent its use will not increase any Death Taxes, other than Pennsylvania
Inheritance or Pennsylvania Estate Taxes, owing by my estate). My Trustee shall have, hold,
manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and
(a) If My Spouse survives me, beginning at my death, my Trustee shall
pay over the net income of the Unified Credit Trust to My Spouse during My
Spouse's lifetime, in installments not less frequently than quarterly. In addition, my
Trustee shall pay to My Spouse such amounts of the principal of such trust as, in
the sole discretion of my Trustee, shall be necessary for the maintenance, support
and medical and nursing care of My Spouse, taking into consideration any other
means readily available for such purposes. My Spouse as a beneficiary hereunder
shall have the exclusive and unrestricted right during My Spouse's lifetime to
occupy or otherwise use any residence held wholly or partially in this Trust and the
Trustee shall, at the request of My Spouse, sell any interest in any residence held in
this Trust and may, as Trustee, use the proceeds for the purchase of another
residence or for investment in income producing property, as My Spouse may
recommend.
(b) Upon the death of the survivor of My Spouse and me, my Trustee
shall distribute the principal and any undistributed income of the Unified Credit
Trust to my issue then living, per stirpes; provided, however, that should any such
issue be the issue of a deceased child of mine and shall not then have attained the
age of thirty years, each such issue's share shall be retained by my Trustee, IN
TRUST NEVERTHELESS, each to be held, administered and disposed of as a
Page 4 of 14 Pages
separate trust estate in accordance with ITEM 7 for the benefit of each such issue
(the "Retention Trust").
5. RESIDUE. I give, devise and bequeath all of the rest, residue and
remainder of my property, real, personal and mixed, not disposed of in the preceding portions of
this Will, including all property over which I hold a power of appointment(which powers of
appointment I hereby exercise in favor of my estate), to My Spouse, if My Spouse survives me. If
My Spouse does not survive me, I give and bequeath said residue to my issue living at my death,
per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine
and shall not then have attained the age of thirty years, each such issue's share shall be retained by
my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a
separate trust estate in accordance with ITEM 7 for the benefit of each such issue (the "Retention
Trust").
6. CONCERNING REAL ESTATE. I own a parcel of real estate situate in
Monaghan Township, York County, Pennsylvania, containing approximately 18 acres of land
improved with a recreational home sometimes referred to as the "A-Frame," said parcel of real
estate and improvements hereinafter called"Cabin Property." It is my wish and desire that the
Cabin Property remain in the Mowery family. If My Spouse survives me, I intend for the Cabin
Property to be distributed in kind under ITEM 4 and retained as an asset of the Unified Credit
Trust for My Spouse's lifetime. At the death of the survivor of My Spouse and me, I hereby grant
a first option to acquire the Cabin Property in favor of my daughter, PHYLLIS D. VANGAVREE,
on the following terms: within six (6)months after the death of the survivor of My Spouse and me
Page 5 of 14 Pages
(the "Distribution Date"), my said daughter shall have the right to acquire the Cabin Property by
indicating to my Executor or Trustee, as the case may be, in writing, her desire to have said
Property conveyed to her on the condition that her final distributive share of my estate or trust
shall be reduced by the fair market value of said Cabin Property as of the Distribution Date. If her
final distributive share is less than said asset value, my daughter shall pay to my estate or trust
such difference in cash immediately prior to the final distribution of my estate or trust. If my said
daughter should not elect to acquire the Cabin Property by failing to give the written notice to my
Executor or Trustee as aforesaid, then and in such event I extend a second option to my sons,
HAROLD F. MOWERY, III and THEODORE W. MOWERY, to acquire said Property either
jointly or individually as they may agree, based upon such fair market value as of the Distribution
Date. If none of my said children shall elect to acquire said Cabin Property as provided above,
then and in that ultimate event, said Cabin Property shall be distributed to my issue, per stirpes,
living on the Distribution Date.
7. RETENTION TRUST. My Trustee shall have, hold, manage, invest and
reinvest the assets of the Retention Trust, collect the income and
(a) Until the beneficiary of the Retention Trust(the "Beneficiary") shall
have attained the age of twenty-one years, my Trustee shall from time to time pay to
or for the benefit of the Beneficiary such amounts of the net income and principal
of the Retention Trust as, in the sole discretion of my Trustee, shall be necessary for
the Beneficiary's maintenance, support, medical and nursing care and education,
including college and graduate education, taking into consideration any other means
readily available for such purposes. At the end of each year any unexpended
income shall be added to the principal of the Retention Trust.
Page 6 of 14 Pages
(b) After the Beneficiary shall have attained the age of twenty-one years,
my Trustee shall thereafter pay to the Beneficiary the net income derived from the
Retention Trust in installments not less frequently than quarterly and such amounts
of the principal as, in the sole discretion of my Trustee, shall be necessary for the
Beneficiary's maintenance, support, medical and nursing care and education,
including college and graduate education, taking into consideration any other means
readily available for such purposes.
(c) If at the time of the creation of the Retention Trust the Beneficiary
shall have then attained the age of thirty years, or if the Beneficiary shall thereafter
attain that age, the Trustee shall distribute outright to the Beneficiary the then
remaining principal and any accumulated income of the Retention Trust.
(d) If a Beneficiary shall die before final distribution of the assets of the
Retention Trust is made, the then remaining principal and any undistributed income
of the Retention Trust shall be distributed to the Beneficiary's issue then living, per
stirpes; or if the Beneficiary has no issue then living, to the issue then living of the
parent of the Beneficiary who was a child of mine,per stirpes, or, if such parent has
no issue then living, to my issue then living, per stirpes; provided, however,that if
any such beneficiary has not then attained the age of thirty years, each such
beneficiary's share shall be held in trust under this ITEM for the benefit of such
beneficiary.
8. LIMIT ON TERM OF TRUSTS. Nothing herein is intended to, nor shall it
be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder
for more than twenty-one years after the death of the survivor of me, My Spouse and my issue
living at the time of my death. At the expiration of such period the assets of all the separate trust
estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the
person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion
or otherwise.
9. SPENDTHRIFT PROVISION. No interest in income or principal of my
estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor,
Page 7 of 14 Pages
spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust
created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall
pay over the net income and the principal to the beneficiaries herein designated, as their interests
may appear, without regard to any attempted anticipation(except as may be specifically provided
herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder
and without regard to any claim thereto or attempted levy, attachment, seizure or other process
against said beneficiary.
10. SURVIVAL PRESUMPTIONS. Any person, other than My Spouse, who
shall have died at the same time as I or under such circumstances that it is difficult or impossible
to determine who shall have died first, shall be deemed to have predeceased me. If My Spouse
and I shall have died at the same time or under such circumstances that it is difficult or impossible
to determine who shall have died first, My Spouse shall be deemed to have survived me. Any
person other than me who shall have died at the same time as any then beneficiary of income of
my estate or a trust created hereunder or under such circumstances that it is difficult or impossible
to determine who shall have died first, shall be deemed to have predeceased such beneficiary.
11. FIDUCIARY POWERS. In the settlement of my estate and during the
continuance of any trust created hereunder, my Executor and my Trustee shall possess, among
others, the following powers, exercisable without prior court approval, but in all cases to be
I
exercised for the best interests of the beneficiaries:
(a) To retain any investments I may have at my death so long as my
Executor or Trustee may deem it advisable to my estate or trust so to do, including
Page 8 of 14 Pages
(h) To vote any shares of stock which form a part of my estate or trust
and to otherwise exercise all the powers incident to the ownership of such stock and
to actively manage and operate any incorporated or unincorporated business,
including any joint ventures and partnerships, and to incorporate any such
unincorporated business,.with all the rights and powers of any owner thereof.
(i) In the discretion of my Executor or Trustee, to unite with other
owners of similar property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of my estate or trust.
(j) To assign to and hold in my estate or trust an undivided portion of
any asset.
(k) To hold investments in the name of a nominee.
(1) To compromise controversies.
(m) To disclaim, in whole or in part, any and all interests in property
owned by me at the time of my death, including those passing to me by Will,
intestacy, contract,joint ownership, operation of law or otherwise.
(n) To designate one or more persons or a corporation to act as ancillary
fiduciary in any jurisdiction in which ancillary administration may be necessary,
such ancillary fiduciary to serve without bond or security and to have all powers,
authorities and discretions conferred hereunder.
(o) To employ and compensate from income or principal, in the
discretion of my Executor or Trustee, investment and legal counsel, accountants,
brokers and other specialists, and, whenever there shall be no corporate Executor or
Trustee in office, a corporate custodian, and to delegate to investment counsel
discretion with respect to the investment and reinvestment of any or all of the assets
held hereunder.
(p) Subject to ITEM 6, to manage and develop all or any part of any real
property that may be owned by my estate or any trust, including but not limited to,
the power to subdivide (including the dedication of parks, easements or streets,
with or without consideration); to obtain the vacation of a plat; to adjust
boundaries; to submit property to a condominium project and do all acts necessary
in connection therewith; to grant options to purchase or to lease; to construct
buildings or to alter.or remove buildings, and make such improvements to real
property as my Executor or Trustee determines to be appropriate (including
improvements not situated directly on the particular real property); to grant
Page 10 of 14 Pages
easements or encumbrances of any kind, and to release any interest in the property;
and to abandon or demolish any property including an interest in real property
deemed by my Executor or Trustee to be worthless or of insufficient value to keep
or protect.
12. EXCULPATORY CLAUSES. In the settlement of my estate:
(a) My Executor shall not be personally liable for any loss to my estate
or to any beneficiary of my estate resulting from an election made in good faith to
claim a deduction as an income tax deduction or as an estate tax deduction.
(b) In valuing property in my gross estate for the purposes of any Death
Tax, my Executor shall not be personally liable for any loss to my estate or to any
beneficiary of my estate resulting from my Executor's decision made in good faith
to use a particular valuation date.
13. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by
reason of my death, except any taxes relating to generation skipping transfers imposed under.
Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such
Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my
Executor out of the property passing under ITEM 4 of this Will as an expense and cost of
administration of my estate; provided, however, that if any property held in any testamentary or
inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax,
then any Death Tax attributable to the inclusion of any such property in my estate for the purposes
of that Death Tax shall be paid out of such property or by the recipients of such property; and, if
such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain
reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above
provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death
Page 11 of 14 Pages
Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other
property not passing under this Will.
14. CUSTODIAN OF ESTATES. Except as provided in ITEM 2(a), if at any
time any individual under the age of twenty-one shall be entitled to receive any assets free of trust
by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I
appoint my Trustee hereinafter named (or the Trustee's designee) as Custodian or such person or
persons appointed by such Trustee, to act for such individual under the Pennsylvania Uniform
Transfers to Minors Act.
15. TRUST TERMINATIONS.
(a) If there should be established by My Spouse, either by Last Will and
Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein
established for the benefit of my issue, my Trustee shall have the right and power to
merge trusts herein established with similar trusts for the same beneficiaries
established by My Spouse and to operate each of the merged trusts as a single trust.
(b) If, in the opinion of my Trustee, at any time any trust hereunder is or
becomes too small to justify its maintenance as a separate trust, my Trustee, in my
Trustee's sole discretion and without the necessity of court approval, shall terminate
such trust by distributing all the income and principal of the trust to the then income
beneficiary of said trust. If any additions to any such trust are received after its
termination under this ITEM, such trust shall be revived and this provision shall
continue to apply to it.
16. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, PHYLLIS S.
MOWERY, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I
appoint my son, THEODORE W. MOWERY, Co-Executor. If My Spouse and Theodore W.
Mowery both fail or cease to act, I appoint my children, HAROLD F. MOWERY, III and
PHYLLIS D. VANGAVREE, as Co-Executors. All references in this Will to my "Executor" shall
Page 12 of 14 Pages
refer to my originally named Executrix,to my successor Co-Executors or to my sole successor
Executor or Executrix, as the case may be.
17. TRUSTEE APPOINTMENT. I hereby appoint My Spouse, PHYLLIS S.
MOWERY, and my son, THEODORE W. MOWERY, as Co-Trustees of any trust created
hereunder. If for any reason either of them should fail or cease to act, the other shall act or
continue to act with all of the powers granted to the two of them. If both should fail or cease to
act, I appoint my children, HAROLD F. MOWERY, III and PHYLLIS D. VANGAVREE, as Co-
Trustees. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder,
such Trustee shall not(i)participate in any discretionary determination of the Trustee to distribute
principal or income of such trust to or for the benefit of such beneficiary or to his or her issue; or
(ii) participate in any discretionary determination of the Trustee to terminate said trust under the
ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS". An individual Trustee shall
be deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating
physician of said individual Trustee shall certify in writing that such Trustee possesses permanent
mental or physical incapacities which preclude such Trustee from discharging his or her duties as
Trustee hereunder. If there is ever only one Trustee serving hereunder and no successor is herein
named, such sole Trustee may, by written notice directed to the life tenant and the Trust, designate
his or her successor(s) or Co-Trustee(s) to serve with him or her, any such designation to be
effective without court approval. Any Trustee serving hereunder shall have the right to resign
from such office at any time, with or without cause and without Court approval. No successor
Page 13 of 14 Pages
Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such
successor Trustee taking office. All references in this Will to my "Trustee" shall refer to my
originally named Co-Trustees or to my sole successor Trustee, as the case may be.
18. WAIVER OF BOND: FIDUCIARY FEES. My Custodian, Executor and
Trustee shall qualify and serve without the duty or obligation of filing any bond or other security.
Any corporate fiduciary shall be entitled to compensation for services in accordance with the
standard schedule of fees in effect when the services are rendered.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, cons' ing of this and the preceding thirteen (13) pages, this _day of
2012. .
� a,.,z
qarold F. Mowery, Jr.
We, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testator as and for his Last Will and Testament, in the
presence of us, who, at his request and in his presence and in the presence of each other, have
hereunto set our hands and seals the day and year above written, and we certify that at the time of
the execution thereof,the said Testator was of sound and disposing mind and memory.
Rhoads & Sinon LLP
AL) PO Box 1146
ne boutm Market Square, 12th Floor
Harrisburg, PA 17108-1146
oo
717-233-57,4)
fw (SEAL) Rhoads & Sinon LLP
PO Box 1146
One South.Market Square, 12th Floor
Harrisburg,
717-233-5731
Page 14 of 14 Pages
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, HAROLD F. MOWERY, JR,� and
111AI/V,4 j .5,41V11 N y� ,the Testator and the Witnesses,respectively, whose names are
signed to the foregoing instrument,having been sworn, do hereby declare to the undersigned officer
that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and
Testament,that he signed voluntarily,that each of the witnesses, in the presence of the Testator and
of each other, signed said Will as a witness and that to the best of the knowledge of each witness,
the Testator was at the time of sound mind and under necon,
e1 , Jr.
Witness
Wi ess
Subscribed and acknowledged before me by HAROLD F. MOWERY, JR., the
Testator, and subscribed and sworn to before me by a _and
/VA LIyA J. i /G HP/ the witnesses,on this // day of tOC464-
2012.
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Andy L.Leitzel,Notary Public
208778.1 Cry of Harrisburg,Dauphin county
My commission Expires Dec.2,2014
i":mt:er.P?nnsAvania Dssoclaton of Notaries