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ESTATE OF GEORGE W. HOWARD : IN THE COURT O�COMM(� PI��
Deceased : CUMBERLAND CQU��`�;TY P�N�Lg;ANIA
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PETITION FOR CITATION TO SHOW CAUSE WHY APPEA�;FROM'�IE DE�CREE
OF REGISTER OF WILLS,DATED MARCH 26,2014, ADMITTING WILL TO
PROBATE SHOULD NOT BE SUSTAINED TO PERMIT THE REGISTER TO
RECEIVE AND ACT UPON AN EARLIER WILL DUE TO THE DECEDENT'S LACK
OF CAPACITY AND UNDUE INFLUENCE UPON THE DECEDENT
Robert Howard and Dennis Howard (hereinafter Petitioners) hereby petition the Orphans'
Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, to issue a
citation to John Oszustowicz and Robert Surfield to show cause why the appeal from the Decree
of the Register of Wills dated March 26, 2014,pursuant to 20 Pa.C.S.A. 908, admitting to
probate the writing dated Apri124, 2012, should not be sustained and the Decree of the Register
of Wills of Cumberland County, Pennsylvania be opened to permit the Register to receive and act
upon a petition for probate of an earlier writing dated November 24, 2009 as the Will of the
decedent, and in support thereof aver the following:
1. George W. Howard, ("Decedent") died on October 15, 2013, a resident of
Cumberland County, Pennsylvania, at the age of 89 years. He was born on January 12, 1924.
2. This Court has jurisdiction over this matter under 20 Pa. Cons. Stat. §§ 711(1) and
711(18) .
3. Petitioners are beneficiaries of one hundred percent of the residue under a prior
will executed by the decedent on November 24, 2009, a true and correct conformed copy of
which is attached as Exhibit "A".
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4. The names and addresses of all parties-in-interest, other than petitioners
("Respondents") are as follows:
Robert Surfield 9 Crystal Lane, Carlisle, PA 17013.
5. Petitioners believe that the will executed by decedent on November 24, 2009,
prior to the execution of the writing dated Apri124, 2012, is the appropriate will in this matter.
6. Petitioner Dennis Howard has the original of the will executed on Nobember, 24,
2009: the decedent requested that he maintain the original.
7. The proceedings before the Register have consisted of the admission to probate of
the writing dated Apri124, 2012 (See Exhibit "B") after a conference with the Register of Wills
on February 18, 2014, and the grant of letters testamentary on March 26, 2014, subject to the
Stipulation of Counsel, dated March 6, 2014. A copy of the Register's decree which petitioners
seek to set aside is attached as Exhibit "C".A copy of the Stipulation of Counsel is attached as
Exhibit"D".
8. On April 8, 2014, petitioners filed an appeal ("Appeal") from the Register's Order
admitting the will to probate. See Exhibit"E".
9. Petitioners believe and hereby aver that decedent lacked testamentary capacity on
Apri124, 2012, at the time of his execution of the original of the writing attached hereto as
Exhibit "B".
10. One week before the November 24, 2009 will was executed by decedent, on
November 17, 2009, at the age of 85, decedent was diagnosed with Alzheimers. This was the
reason he executed his Last Will &Testament, referenced herein as Exhibit A, at that time.
11. From October 23, 2009 to October 26, 2009,the decedent was a patient at the
Carlisle Regional Medical Center as a result of a fall.
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12. On October 26, 2009, decedent moved to Chapel Pointe, Carlisle, PA.
13. From July 9, 2010 to July 22, 2010,the decedent was a patient at a Veterans
Hospital Psychiatric Ward as a result of his comments about committing a homicide and a
suicide. He thereafter was discharged back to Chapel Pointe.
14. On January 16, 2012,the decedent's wife Edna passed away.
15. Shortly after January 16, 2012, Petitioner Robert Howard visited with decedent
for one week. Decedent did not recognize his son, Robert Howard; only after repeated visits
throughout that week was decedent beginning to recognize and acknowledge Robert Howard.
16. During mid January of 2012, referenced in the paragraph above, decedent
alternately believed Robert Howard to be Dennis Howard, decedent's other surviving son, Scott
Howard, decedent's deceased son, or"the man who was fooling around with my wife Edna."
17. Decedent executed the document which was admitted to probate approximately
12 weeks after the visits referenced in the preceding two paragraphs.
18. Prior to the period of his treatment at the Veteran's Hospital, decedent was told
repeatedly that his three children, Robert, Dennis and Scott were not his children.
19. It is believed and averred that decedent became sterile later in his life as a result
of a lifetime of working as a machinist.
20. Beginning on or about June 1, 2009, and up to the time decedent was at Chapel
Pointe in January of 2012, and thereafter, decedent was easily confused.
21. At all the times relevant hereto, the decedent was not able to fully understand his
medical condition of sterility, mentioned in the paragraphs above, a condition whose onset came
long after he had fathered his three children, including the two petitioners herein.
22. During the time which decedent executed the writing on Apri124, 2012, and the
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time leading up to that event, Decedent was residing at Chapel Pointe and Robert Surfield had
access to the decedent and took actions, including:
Arranging for decedent to be in a single room for his care, without informing ar
conferring with petitioners, decedent's natural children;
Failing to notify petitioners of major health incidents, while he was the medical
attorney in fact for decedent;
Limiting who could see decedent or talk to him at the Chapel Pointe by not
including Petitioners names on a call list or an emergency list; and
Limiting to whom decedent could make phone calls.
23. Petitioner Dennis Howard was the attorney in fact of the decedent's medical
power of attorney from November 24, 2009 to March 30, 2010 and from July 15, 2010 until
January 18, 2012.
24. Prior to March 20, 2010, Dennis Howard received in the mail a typed note asking
to allow"Family and Friends"to be decedent's power of attorney (attorney in fact). Thereafter,
Attorney John Oszustowicz persuaded Dennis Howard to allow the decedent to remain in
Carlisle instead of returning to Maryland with Dennis, as had been discussed.
25. Prior to March 20, 2010,Attorney John Oszustowicz persuaded Dennis Howard
to relinquish his medical power of attorney(attorney in fact) in favor of Robert Surfield, with
assurances that Mr. Surfield would keep Dennis and Robert Howard informed on the status of the
decedent,their father.
26. On March 20, 2010, Petitioner Dennis Howard received a typed letter signed by
George Howard and his wife Edna Howard revoking his position as the attorney in fact.
27. Robert Surfield was appointed the attorney in fact on the decedent's Medical
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Power of Attorney document on or about March 30, 2010.
28. Robert Surfield is the husband of the niece of Edna Howard.
29. Edna Howard is not the natural mother of the Petitioners herein. Edna Howard
was married to the decedent long after the birth of the Petitioners herein.
30. Robert Surfield had the opportunity to speak with the decedent and it is believed
and therefore averred that he did speak to the decedent in the months between January and April
of 2012, furthering a confidential relationship with decedent.
31. During that time leading up to the execution of the April 24, 2012 document,
Robert Surfield reinforced the false idea with the decedent that the decedent's three children
were not his own because he was sterile.
32. Robert Surfield was not mentioned in the will executed by Decedent on
November 24, 2009 or in any previous will executed by decedent,to the best of Petitioners
knowledge.
33. During that time leading up to the execution of the April 24, 2012 document,
decedent's physical and mental condition was further aggravated by his advanced age and other
physical infirmities.
34. The decedent's mental infirmities rendered him unable to fully understand or
comprehend his own situation or his surroundings during and after January of 2012.
35. The decedent's mental infirmities rendered him unable to fully understand or
comprehend his own situation or his surroundings up to and including the Apri124, 2012.
36. As a result of the mental conditions referenced in the paragraphs above, decedent
suffered from a weakened intellect and was unable to comprehend the natural obj ects of his
bounty and the nature and extent of his estate, and lacked an intelligent knowledge of his true
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desires regarding the distribution of his estate when he executed the writing of Apri124, 2012.
37. Petitioners believe and hereby aver that decedent lacked the capacity to execute a
last will and testament on Apri124, 2012.
38. Petitioners believe and hereby aver that decedent executed the writing of Apri124,
2012,pursuant to the undue influence of Robert Surfield.
39. The aforesaid undue influence was perpetrated as a result of the confidential
relationship between decedent and Robert Surf'ield, which confidential relationship was
evidenced among other things by the fact that Robert Surfield, as decedent's medical attorney in
fact, agreed to having decedent in a single room; that decedent believed he had to depend on
Robert Surfield for the management of his personal affairs, as Robert would turn each brother
against the other in front of the decedent, adding to the confusion of the decedent; that Robert
Surfield was decedent's only regular outside contact up to and during the time of the execution of
the writing of Apri124, 2012; by bringing decedent treats (edible treats)that were not allowed
by the medical staff, and would curry favor with decedent by so doing; that decedent trusted
Robert Surfield and depended upon him for the management of his personal affairs for
approximately two years prior to his death and possibly prior thereto; and that Robert Surfield
alone consulted with the medical staff without regard for or consultation with anyone from the
decedent's family, further alienating decedent from his family.
40. The aforesaid undue influence is further evidenced by the fact that Robert Surfield
will receive 100 percent of the decedent's gross estate under the writing of Apri124, 2012; Under
the will of November 24, 2009, he would not have received anything.
41. The aforesaid undue influence was exercised while decedent had a weakened
intellect as set forth in more detail in the preceding paragraphs.
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42. For a significant period of time prior to and including the time of and the time
leading up to Apri124, 2012, decedent had weakened intellect evidenced by confusion in
speaking with his sons both in person or on the phone; by his insistence that one of his sons was
really someone other than who he was; by believing that his son Robert a person who was
romantically involved with his wife, Edna; by not being able to continue in a conversation of
any length without straying from the reality of where he (the decedent) was; and by his incorrect
belief of his sterility in relation to his own children.
43. The will drafted November 24, 2009, named decedent's son Dennis Howard as
the executor; the writing of Apri124, 2012 replaced Dennis Howard and named John
Oszustowicz the executor.
WHEREFORE, Petitioners request that this Court issue a citation to Respondents to show
cause why the Appeal from the Decree of the Register of Wills admitting to probate the writing
dated Apri124, 2012 should not be sustained and the Decree of the Register of Wills be opened
to permit the Register to receive and act upon a petition for probate of an earlier writing dated
November 24, 2009, as the Will of the decedent.
Respectfully submitted,
�''��.�
Mark A. Mateya(Attorney ID No. 78931)
Mateya Law Firm, P.C.
55 West Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717) 241-3099 Fax
Attorney for Petitioner Robert and Dennis Howard
Date: June 3, 2014
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VERIFICATION
I,Robert Howard,verify that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief. I understand that false statements
herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
/��r'�`�'r
Robert H ard
DA�D: � -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:
Ivo V Otto III Esq
Martson Law Offices
10 East High Street
Carlisle PA 17013
Marcus A McKnight, III Esq
Irwin&McKnight Law Offices
60 West Pomfret Street
Carlisle PA 17013
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y
Mark A. Mateya, squire
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717) 241-3099 Fa�c
Dated: � j ��
wi��oF
GEORGE NOWARD
I, Gearge Howard of Cumberland County, Pennsylvania�
declare this to be my last Will and hereby revoke all prior Wilis and
Codicils.
1. I direct that ail my just debts, funeral expenses,
gravemarker and administrative expenses shall be paid
from my residuary estate as soon as practicabie aRer my
death.
2. I direct that ail inheritance, estate, transfer, succession
and death taxe� of�ny kind whatsoever which may be
'payable by reason of my death shal) be paid out of my
residuary estate.
3. I direct that my entire estate be distributed as follows:
A. I direct that my entfre estate ga to my wife, Edna �
Howard.
B. Shouid my wife predecea�e me, I direct that my
entire estate go to my chiidren Oennis G. Howard
and Rabert J. Howard in equal shares.
4. I appoint Dennis G. Howard, as Executor of this my last
� Wili. If Dennis G. Howard shouid predecease me or
cease to act in such capacity, 1 appoint Teresa K.
Howard as altemate.
5. The Executor of this Will shall have the power to
distribute my estate in kind or in cash, or partly in either.
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6. �I direct that no Executor acting under this Will shall be
required to enter bond in any jurisdiction.
IN WIT SS WHE !�/F, have her nto set rny hand this
��day of ���`� �- . 2009.
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LAW OFFSC:ES OF George Ho ard ��
STEPHEN J. HOGG
19 S.HANQVER S7"RF�T
SUITE 101 ',.^ L S EXHIBIT
CAI�LISLE,PA 17Q13 �� ►r,
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The preceding instrument consisting of this and one other page
was on the day and date here�f signed, pubtished end declared by
George Howard as and for his last Wiil in the presence of us, who at
his request, in his presence and In the presence of each other have
subscribed our names as wit�esses hereto.
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WITNESS TNESS
LAW pFPICG9 OP
5TEPHEN J. HOGG
l9 S. HANQV$R STREE7
SUITE 10t
CARLISLE,PA 17013
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ACKNO�HLEI)Q�MENT
State of Pennsylvania
ss
County of Cumberland
I, George Howard,the Teatator.whose name is signed to the
attached or foregoing instrument, having beert duly qualified accorciing
to law, do hereby acknowledge that I signed and executed the
instrument as my last Will; that I signed it willingly and as my frea and
voluntary act for the purposes therein expressed.
�
George Ho rd
Sworn to or affirmed a d acknow�edg before me b�r George
Howard the Testator, this .��day of ��'� ,
�nna
' N4TARIAi.SQAi.
81�piNn J.Nop�.NottM►PubNo
o.�a.�n►►cwn��na�o.p�► Notary Public/Attor
i�r ao�w��i o�e�r�.�� ,
�r� AFFIDAViT �
State of Pennsylvania
ss
County of Cumbarland
We,�Is ,�; !�c �and �� l ;.��d ��t, 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 wiilingly and
expcuted it as his free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of
the Test�tor signed the L"Jill �s a witness; and that to the best of our
knowledge the Testator was st that time 18 ar more ye�rs of age, of
sound mind and under no constraint or undue influence.
r
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��NOrn to nr affirm d :nd subscr' d to efore me by witnesses,
this�jday of 009.
- ..___..,.....,�....
NO'Y�tAIAIL SL�At.
t-AwOPFtCE9oF ��J.�,,�.�„��►ue�lot ry public/Attorney
3TEPHEN J. HOGG q�y�,�c����,pA
19 S.HANOV�R STR�ET ���������,�i
SUCTE 101
CAItLISLE,PA 17013
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LAST WILL AND TESTAMENT ,,. � �, �' =�� ��
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GEORGE W. HOWARD � —' r�� «� ��j
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I, GEORGE W. HOWARD, of Cumberiand County, Pennsylvania, do make,
publish and declare this as and for my Last Wiil and Testament, hereby expressiy
revoking all wills and codicils made by me heretofore, and dispose of my estate as
follows:
ITEM 1: I direct the payment of my just debts and funeral expenses, including a
suitable and proper grave marker, as soon as conveniently can be done folfowing my
decease.
ITEM 2: I 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 Testarnent, 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 suniives 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.
EXHIBIT
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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: I 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.
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C. My Trustee may pay over from time to time such af 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 wiil 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 ta this provision.
H. In the event any beneficiary or beneficiaries subject to the provisions of this
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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
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discretion would buy for himseif 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-calfed "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 o�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.
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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 efection 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: I nominate, constitute and appoint JOHN C. OSZUSTOWICZ to be the
sole Executor of this, my Last Will and Testament. If he is unabie or unwilling to serve as
Executor, I appoint ORRSTOWN BANK Executor of this, my Last Will and Testament.
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No Executor or Trustee shall be required to give bond.
iTEM 9: lf 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 shali 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 Z��day of
April 2012.
L1�2-. `�'- �i�/'wl'1'G'�'
GEOR E W. HOWARD
Signed, sealed, published, acknowfedged and declared by the above-named
Testator, GEORGE W. HOWARD, as and for his Last Wil! 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.
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COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
!, 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.
,�/,�� �� ��vz���
GEORG W. HOWARD
Sworn to or affirmed and
acknowledged before me by
GEORGE W. HOWARD,
the Testator, tfllS Z�''�'day COMMONWEALT1�10F PENNSYLVANIA
of April 2012. "°ta`'a�sea�
pmberly R.Leo,Notary Publlc
,/ n � Carllsle Boro,Cumberland 10�2013
V '� My Commisslon Explres Oct.
{.� C.i
Notary Public
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
We, the undersigned witnesses who signed the foregoing instrument, being duly
qualified according to {aw, 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.
�
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Sworn to or affirmed and subscribed
to before me by ..bhn C Osz�sbw �cz
and Chris��her E, R►ce witnesses,
this�'"?day of April 2012.
�f � ��
Notary Public
COMMONWEALTN OF PENNSYLVANIA
Notarlal Seal 8
Klmbe�ly R.Leo,Notary Poblk
Cahisle Boro,CumbeAand Counry
My Commisslon Explres Oct.10,2013
f\C l,G i�1,_IJ Pllill !w V Lv YT
• � •
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRlCT
CUMBERLAND COUNTY, PENNSYLVANIA
I REGISTER OF WILLS OFFICE
I
IN RE: � ,. ���
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ESTATE OF GEORGE W. HOWARD, � �. o r,� �
�, DECEASED � W � � ��? o
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DECREE OF THE REGISTER
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AND NOW, this ,°�(�1�day of March, 2014, upon consideration of the Caveat
filed by counsel for Robert Howard and Dennis Howard, sons of the Decedent; Petition
for Grant of Letters filed by John C. Oszustowicz, Esq. as named Executor; the Petition
to Certify the Matter Before the Register of Wills to the Orphans' Court; and the Answer
fi�ed by counsel for Robert Surfield, beneficiary under the Will, a hearing was scheduled
in this matter. By agreement, a conference was held with all counsel in lieu of a
hearing.
During said conference, counsel for all parties agreed to enter into a stipulation to
permit Attorney Oszustowicz to move forward in his fiduciary capacity as the parties
mav agree. S�aid ,Sfipulation of Cc�crn.sel�r�as file� in this ma#ter on Il�lar�h �4, 2014.
WHEREFORE, it is hereby DECREED tha..� Letters Testamentary are hereby
issued to John C. Oszustowicz, Esq. He shall have all the rights, duties, and obligations
of a fiduciary under the law and shall proceed with the administration of this estate
within the parameters of the Stipulation of Counsel.
EXHtBIT �s . Grayson, Esq.,
egister of Wills & Clerk o rphans' Court
� �
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Distribution:
Mark M. Mateya, Esq. Counsel for Robert Howard & Dennis Howard
Marcus A. McKnight, III, Counsel for Robert Surfield
Ivo V. Otto, III, Counsel for John C. Oszustowicz, Esq.
, . , .
F:\F[LFS\Clients\I4T09 Howarfi14709.1.Stipulation3.5.i4.wpd
: iN THE COURT OF COMMON PLEAS OF
IN RE: : CUMBERLAND COUNTY, PENNSYLVANIA
Estate of George W. Howard, Deceased : NO.21-13-1143
: ORPHANS' COURT DIVISION
STIPULATION OF COUNSEL
Pursuant to a conference among counsel for the parties and the Honorable L isa M.Grayson,
Esquire,Cumberland County,Pennsylvania,Register of Wills and Clerk ofthe Orphan's Court(the
"Register"), held February 18, 2014, counsel for the parties, by and on behalf of their respective
clients do hereby agree that upon admission ofthe Will ofGeorge W.Howard dated Apri124,2012
(the"Will")to probate by the Register,and pending the filing and resolution of an appeal from such
admission to be filed by Mark A. Mateya, Esquire on behalf of Robbie Howard and Dennis
Howard,John C.Oszustowicz,Esquire,Executor ofthe above Estate under the Will,shall exercise
his fiduciary authority as such Executor only upon the consent of all of the undersigned counsel for
the parties.
, ►c,,, %�
�,,,d�;� �'� `~- `
Mark M.Mateya, unsel for Robbie Mare s A.McKnight III Couns for
Howard and Dennis Howard Robert Surfield
Supreme Court ID# 78931 Supreme Court ID#25476
Mateya Law Firm Irwin& McKnight
55 West Church Avenue 60 West Pomfret Street
Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013
��.'i� �
Ivo V. Otto III, Counsel for
John C. Oszustowicz, Esquire
Supreme Court ID#27763
Martson Law Offices
]0 East High Street
Carlisle, Pennsylvania 17013
Dated: March�,j , 2014
EXHIBIT
� �
. . . ��Ctl�`ED APR 10 2014
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRiCT
CUMBERLAND COUNTY, PENNSYLVANIA
I
I REGISTER OF WILLS OFFICE
IN RE: ESTATE OF (
I ` �1 [yh+'
GEORGE W. HOWARD, DECEASED � a '_
I '
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I
� NO. 21-2013-1143
I
I
IN RE: NOTICE OF APPEAL FROM DECREE OF REGISTER, MARCH 26, 2014
CERTIFICATE OF RECORD TO COURT
Upon receipt of a Notice of Appeai from Decree of Register, March 26, 2014, filed by
Mark A. Mateya, Esquire, the Register of Wills certifies the entire record to Court pursuant
to Pa. C.S. §907.
Witness my hand and official seal of the office at Carlisle, Pennsylvania, this
8th day of April, 2014.
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Lisa M. Grayson, Esq., `�„
Register of Wills& Clerk of Orphans' Court
Uistribution: ,.�:,
Mark Mateya, Esq. �' ° - �
Ivo V. Otto, III, Esq. � �' x i� c�'>
Marcus A. McKnight, III, Esq. �; � r �; �' Q
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