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HomeMy WebLinkAbout02-12-15 Reset 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 Name: GORDON D.MYERS File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: January 27.2015 Age at death: 92 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 5225 Wilson Lane,Suite 122 Mechanicsburg,PA 17055 Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Harrisburg Hospital 205 S.Front Street Harrisbuirg, Dauphin County Pennsylvania Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 410,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. :***—*--*--** Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 410.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County /I A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated May 24,2012 and Codicil(s) thereto dated N/A State relevant circumstances(e.g.renunciation,death of executor,eta) 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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS Q EXCEPTIONS El 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.t.a.,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. 0 NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address o =*- rl _� fzi � C7 U Q �i fi7 rn :3 r Form RW-02 rev.10/11/2011 Iy (Pa9t 1 of 2 46 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address Patricia Armstrong Morgan 212 Locust St Suite 600 PO Box 9500 Harrisburg,PA 17101 c-r-+ s r'1 The Petit16ner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best-p e knowle andfb_elit of Pbtitiorei(s)and that,as Personal Representative(s)of the Decedent,the Petitio will well and truly administer tti des" laccord ng to law' Sworn to`or affirmed and subscribed before 1 Da e / - nie this-,� ' day-of -;=QbRX � n /���J Dates By:� � i tiC i ., �l�l/1 �V Dater. iY7 +:For the.Regiver -Date CJ7 BOND Required: Q YES Q NO To the Register of Wills: FEES: r Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ { Attorney Signature: ( ) Short Certificate(s).... . . (� )Renunciation(s).. . .. .. .. ( )Codicil(s). . . . . . . . . . . . . < �1 ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . .. . . . . . . . . . . . . .. . . Printed Name: Patricia Lee Armstrong Commission. . . . .. .. . . . . . . .. .. Supreme Court Other . . . . . . .. _ ID Number: 23725 . . . . . 15 . . . . . . . . fg Firm Name: Thomas,Niesen&Thomas . . . . . . . . t5 Address: PO Rox 9500 . . . . . . . 212 Locust St Suite 600 . . . . . . . . Harrisburg,PA 17101 . . . . . Phone: 717-418-1501 Automation Fee. . . . . . . . . . . .. . . Fax: 717-236-8278 JCS Fee. . . . . . . . . . . .. . . . . . . . . y Email: armstrengntntlawfirm_cnm TOTAL. . . . . . . . . . . . . . . . . . . . . DECREE OF THE REGISTER ! Estate of GORDON D.MYERS File No: a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been pr ented before me,IT IS DECREED that Letters are hereby granted to AIJ in the abgU'.estate anld(if applicable)that the instrument(s)dated described in the Petition be admitte to probate and filed of record as the last Will;(and Codic l(s))�of Decedent. kA 9 �. Register of Wills Form RW-02 rev.10/11/2011 Page 2 of 2 t ' •r Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address Patricia Armstrong Morgan 212 Locust St Suite 600 PO Box 9500 Harrisburg,PA 17101 o � 'o 'T7 cl> �. 7X3 rn e- -v C7 --1 c_1 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the bestt ofgkltnowler an&beliPffj of Pctitionei(s)and that,ss Personal Representative(s)of the Decedent,the Petitio will well and truly administer tl�estate laccord to law. Sworn to of affirtne_d acid subscribed before _ 1 -Date, ` / /S`� z me tbs day:of -i=eDate ' `4 ci . ?t n;� u r-_ `- rn .;Forfh"eRegfster Date <Jl N '-t.1 1 -b BOND Required: Q YES NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . .. . . . . . . . . $ Attorney Signature: ( ) Short Certificate(s).. . . . . ( )Renunciation(s).. . . . . . . . 1 ( )Codicil(s). . .. ... ... . . . c - � ( )Affidavit(s).. . . . . . . ... . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Patricia Lee Armstrong Commission. . .. .. . . . . . . . . .. . . Supreme Court Other . . . . . . . . ID Number: 23725 . . . . . Firm Name: Thomas,Niesen&Thomas . . . . . . . . Address: PO Box 9500 . . . . . . . . 212 Locust St Suite 600 . . . . . . . Harrisburg,PA 17101 . . . . . Phone: 717-418-1501 Automation Fee. . . .. . . . . . . . . . . Fax: 717-236-8278 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: 'armctrongag.tntlawfirm_com TOTAL. . . .. . . . . . . . . . . . . . . . . $ 0.00 DECREE OF THE REGISTER Estate of GORDON D.MYERS File No: a/k/a: AND NOW, ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Register of Wills Form RW-02 rev. 10/Il120/1 Page 2 of 2 RECORDED CFFICE OF. REGIS T IEl; Ci" WILLS LAST WILL AND TESTAMENT HIS EE$ 12 GI11 1 52 OF GORDON D. MYERS CLCD'; OF ORPHAli;a' CC'-TT I, GORDON D. MYERS, of Bethany Village, MechanicsburgG I6%Ri e'rland-County,': Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I. 1 direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM V of this Will and prior to determining the amount of distributions,as an expense and cost of administration of my estate, to the extent that monies exist to do so. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. My executor shall not, unless required, use Retirement Assets to pay debts, expenses or taxes. Retirement Assets being assets held in a qualified retirement plan or account, individual retirement account, deferred compensation plan under Section 457 of the internal Revenue Code(Code),Annuity Contract under Section 403(b)of the Code, custodial account or any other type of plan or account subject to the minimum distribution rules of Section 401(a)(9) of the Code, or similar provision of the Code, either directly or by reference thereto. ITEM II. 1 direct the Executor to pay the reasonable expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate, as my Executor shall so determine. ITEM Eli. Except as I may have provided in a Memorandum signed by me and kept with my Will, I give and bequeath,absolutely and in fee simple all of my household furniture and May 24, 2012 -1- G.D.M. furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household pr personal use or adomment and all policies of insurance thereon to my children living at the time of my death, to be divided among them as they shall agree. Should there be no agreement,such property shall be divided among them bythe Executor in as nearly equal portions as is deemed practical in the sole discretion of the Executor, having due regard to the personal preferences of such children. ITEM IV. if Kay Cooper survives me by 90 days, I hereby give $120,000 in trust,to be held for the benefit of Kay Cooper for her lifetime, under the following conditions. My trustee shall pay to Kay Cooper, out of said trust, $1,000 per month for each month of her life, until her death and up to the full amount in the trust, unless said payment would preclude said Kay Cooper from otherwise qualifying for benefits which would be more advantageous to her, in which case the trust shall terminate.Upon herdeath or other termination of the trust,any monies remaining shall be distributed in accordance with section V hereof. ITEM V. I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, INTRUST NEVERTHELESS,to be further divided into parts (and subparts)as indicated below, so that the property passing to my heirs, both probate and nonprobate,.and specifically including all corpus of the April 29, 1993 Irrevocable Agreement of Trust (Entire Estate) shall be divided to result in the aggregate distribution of my Entire Estate as follows: 25%to my son Gordon D. Myers • 25%to my daughter Suzanne Enders • 25% to my son Stephen C. Myers • 25%to my grandchildren A May 24, 2012C�� -2- G.D.M. • all of said distributions (to the extent permitted by law) shall be subject to the conditions set forth below. • Since I have advanced Stephanie N. Myers, during my lifetime certain monies, her share of the Grandchildren's Trust shall be reduced by$10,000. ITEM VI. Upon my death, my Executor shall divide the remainder of my residuary Estate such that when included with my non probate estate,my Entire Estate shall be distributed into the four (4) equal parts indicated above, one of said parts to be held in Trust and administered and distributed as hereinafter provided(to the extent permissible)for the benefit of my grandchildren, STEPHANIE N. MYERS, LEIGH ANN M. ENDERS and APRIL ENDERS ("Grandchildren's Trust); one of said parts to be set apart for my son, GORDON D. MYERS II, as hereinafter provided, one of said parts to be held in Trust for the benefit of my son, STEPHEN C. MYERS, and one of said parts to be held in Trust for the benefit of my daughter, SUZANNE ENDERS, and to be administered and distributed as hereinafter provided. The provisions herein shall apply to all of said Trusts to the extent provided by applicable law and to the extent permissible with full discretion given to my Trustee to establish and administer said Trusts under the law. (a) The following provisions shall applyto the share set apart for the benefit of my grandchildren, STEPHANIE N. MYERS, LEIGH ANN M. ENDERS and APRIL ENDERS under the Grandchildren's Trust (each a "Beneficiary" and collectively "Beneficiaries"): (i) The Trustee shall divide the principal of this Trust into as many equal shares as there are then living Beneficiaries and per stirpes for each deceased Beneficiaries represented by then living issue. One share shall be held in Trust for each of the then living Beneficiaries and one share, per stirpes, May 24, 2012 JUl _ -3- G.D.M. shall be held for the then living issue of each such deceased Beneficiary, per stirpes as hereinafter provided: (1) The Trustee shall hold such share as a separate trust fund for the benefit of such beneficiary and shall pay to him or her all of the net income therefrom not less frequently than quarterly, for the lifetime of such child or until such trust is terminated as herein provided. (2) At the time such child completes his/her course of study and receives a post-high school degree (which for the purpose of this will and any other documents I may have executed, shall mean a four year bachelor's or equivalent degree), he or she shall receive one-third(1/3)of the then principal of the separate trust fund set apart and held for his or her benefit. For purposes of the distribution calculations herein, any Retirement Assets shall be excluded. When such child attains the age of thirty (30) years, or two years after the establishment of the trust, whichever is later, said Beneficiary shall receive half of the trust or remaining balance of the trust and then two years after the prior distribution, he or she shall receive the balance of the principal then set apart and held for his or her benefit. Any Retirement Assets shall be "distributed" as provided above, except as may be required by law to be distributed earlier and may thereafter continue to be held in accordance with applicable law or withdrawn at the Beneficiaries' discretion in accordance with applicable law, said Beneficiaries being responsible for any taxes required by law. May 24, 2012 Vol -4- G.D.M.. (3) In the event of the death of any Beneficiary for whom a separate trust fund has been set apart prior to the final distribution, the then principal of such separate trust and any accrued income thereof shall be paid to the issue of such Beneficiary living at his or her death, per stirpes. If any Beneficiary dies without issue,the principal or remaining principal of his or her separate trust, shall be distributed equally among the other Grandchildren Trusts established under ITEM VI (a). (b) If my son, GORDON D. MYERS, 11, survives me, the share set apart for him shall be distributed to him outright and in fee simple. Should such son not survive me, but be survived by his wife, LINDA MYERS, and have been married to her at the time of his death, the Trustee shall pay one-half (1/2)of my son, GORDON D. MYERS, 11's share to said LINDA MYERS, and the balance of such share shall be distributed equally among the other Trusts established under ITEM VI. If neither GORDON D. MYERS, II or LINDA MYERS survive me then their share shall be distributed equally among the other Trusts established under ITEM VI. (c) The following provisions shall apply to the shares set aside for my son, STEPHEN C. MYERS, and my daughter, SUZANNE ENDERS: (i) The Trustee shall pay to or for the benefit of such child all of the income and so much of the principal of said Trust as, in the discretion of the Trustee, may be necessary for such child's support, maintenance and medical care. For purposes of this subsection(c)only the required minimum distributions from any Retirement Assets shall be distributed until four(4)years following my death unless required for the beneficiary's proper support, maintenance and May 24, 2012 �' N -5- D.M. medical care or at the discretion of my Trustee. After four years any Retirement Assets may thereafter be held in accordance with applicable law or withdrawn at the beneficiary's discretion in accordance with applicable law. (ii) The principal of the Trust (except as provided above) shall otherwise be distributed to such child upon the following schedule: One-fourth (1/4) of the then principal upon establishment of the Trust; One-third (1/3)of the then principal one (1) year from such date; One-half(1/2)of the then principal two (2) years from such date: and the balance of the then principal three (3) years from such date. (iii) Should such child die before final distribution of the assets of said Trust, but be survived by their spouse, and have been married to said spouse at the time of his/her death,the Trustee shall pay one-half(1/2)of said child's share to said spouse,and the balance of such share shall be distributed equally among said deceased child's then living issue who are designated as Beneficiaries or who are.issue of designated Beneficiaries under the Grandchildren's Trust,the Trustee shall pay the balance of said Trust to such issue per stirpes; provided, however,that if there are then established for such issue Trusts hereunder, the share which would have been paid to such issue shall be added to the principal of the Trust established for the benefit of that issue. If such child should die and leave no issue their share shall be distributed equally among the other Trusts established under ITEM V! (a). May 24, 2012 -6- G.D.M. ITEM VII. After my death, no beneficial interest under a trust created herein,whether income or principal, shall be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have the power to anticipate, encumber, or charge such interest, nor shall such interest,while in the possession of the Trustee, be liable for or subject to the debts,contract obligations,liabilities or torts of any beneficiary,including those claims of any beneficiary's spouse or former spouse against such beneficiary. In the event of the execution of any special assignments,or the issuance or levy of any attachment,garnishments, executions, orders of receivership,or other sequestration or process,or attempt at sequestration or process, then all rights of the beneficiary of such beneficial interest created herein attempted to be reached shall immediately cease and be suspended;subject, however,to being reinstated upon the withdrawal of such attempt. However, during the such suspension, the Trustee shall have the right to expend from the assets of such parts of the net income or corpus, or both as in her discretion may be necessary or advisable to provide the support, health, maintenance, education, and proper needs of the beneficiary whose rights hereunder have been so suspended, but during the suspension, such funds shall not be paid directly to said beneficiary. ITEM Vlll. Each trust created hereunder shall in any event terminate twenty-one(21) years after the last survivor of such of the beneficiaries thereunder as shall be living at the time of my death,and thereupon,the property held in the trust shall be distributed and discharged of trust to the persons then entitled to the income and in proportion to which they are entitled to the income.Trustee also shall have the right to terminate any or all trusts if in Trustee's discretion it is no longer reasonably feasible or economic to continue said trust. ITEM IX. In.the settlement of my estate and during the continuance of the foregoing Trusts, the Executor and the Trustee shall possess, among others, the following powers: May 24, 2012 ._ -7- G.D.M. (a) To retain any investments I may have at my death,so long as the Executor or Trustee may deem it advisable to my estate so to do. (b) To vary investments,when deemed desirable by the Executor or Trustee, and to invest in such bonds, stocks,notes,real estate mortgages or other securities or in such other property, real or personal, as they shall deem wise,without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to effect a division of the principal of a Trust or for any other purpose, including any final distribution of a Trust,the Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts created hereunder so long as the total market value of any share is not affected by such division, distribution or allocation in kind. Should it appear desirable to partition any real estate, the Executor or Trustee is authorized to make, join in and consummate partitions or lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances or other obligations,with as wide powers as an individual owner in fee simple.' (d) To sell either at public or private sale and upon such terms and conditions as the Executor or Trustee may deem advantageous to the estate or Trust,any or all real or personal estate or interest therein owned by the estate or Trust severally or in conjunction with other persons or acquired after my death by the Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to May 24, 2012 -8- G.D.M. make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Executor or Trustee in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any party, including the Executor or Trustee,to pay indebtedness of mine or of my estate,expenses of administration or inheritance,legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. Provided, however,that this paragraph shall not authorize borrowing which would violate the code relative to Retirement Assets. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or a Trust. (h) To make distributions of income and of principal to the proper beneficiaries thereof,during the administration of my estate,with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote any shares of stock which form a part of the estate or Trust, and otherwise to exercise all the powers incident to the ownership of such stock. {j) To make distribution in cash or in kind,or partly in each at valuations fixed by my Executor and Trustee at the time of distribution. (k) To execute and deliver any written instruments that they may deem advisable to cant'out any power, duty, or discretion granted to them, and all persons shall be fully protected in relying upon their power to execute every such instrument and no one shall be obligated to see to the application by them of any money or property received by them pursuant to the execution and delivery of any such instrument. May 24, 2012A.0 r (l) To associate with them an accountant,attorney,custodian and investment advisor or other professionals, and their agents and to compensate such accountant, attorney, custodian and investment advisor, professional and agents out of principal or income or both as my Executor or Trustee shall determine. (m) In the discretion of the 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 the estate. (n) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (o) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management,investment and distribution of the estate or Trust. ITEM X. Whenever and as often as any beneficiary hereunder,to whom payments of income or principal are herein directed to be made, shall be under legal disability, or, in the sole judgment of the Trustee, shall otherwise be unable to apply such payments to his own or her own best interests and advantages, the Trustee may make all or any portion of such payments in any one or more of the following ways: (a) Directly to such beneficiary; (b) To the Legal Guardian or Conservator of such beneficiary; (c) To a relative of such beneficiary, to be expended by such relative for the benefit of such beneficiary; or May 24, 2012 c. 0,At -10- G.D.M. (d) By itself expending same for the benefit of said beneficiary. ITEM XI. To the extent that there were established in the Last Will and Testament of my wife, LOU ISE B.MYERS,Trusts similar to the Trusts herein established for the benefit of my children and their issue, the Trustee of each of said Trusts created in this Will shall have the right of merging it with the similar Trust for the same beneficiaries created in the Will of my said wife, and operating each of said merged Trusts as a single Trust. Likewise, to the extent permitted, any other trusts which I may have created during my life may be merged with similar trusts created hereunder and operated as a single trust. ITEM XII. Any person who shall have died at the same time as I shall have, or in a common disaster with me,or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have survived me. ITEM X111. If at any time any child under the age of twenty-one (21) years shall be entitled to receive any assets hereunder,the person designated by my then acting Trustee shall receive such assets as Custodian under the Pennsylvania Uniform Transfer to Minors Act for that beneficiary. Such Custodian may receive and administer all assets authorized by law,and shall have full authority as provided in the Pennsylvania Uniform Transfer to Minors Act to use such funds in the manner it deems advisable for the best interests of such beneficiary. In addition, said Custodian shall have all the rights and privileges as to the Custodianship and its assets as are herein granted to the Executor as to my estate and the assets therein. I also designate said Custodian as successor Custodian of any property for which I am custodian under any Uniform Transfer to Minors Act. ITEM XIV. I hereby nominate, constitute and appoint Patricia Armstrong Morgan and Gordon Dale Myers it to be the Trustees of the Trusts established hereunder. May 24, 20121G. D.M. ITEM XV. I hereby nominate,constitute and appoint Patricia Armstrong Morgan to be the Executor (herein referred to as the Executor). In the event of the death of Patricia Armstrong Morgan, or her inability or refusal to serve as Executor and/or Trustee or upon her resignation as Executor and/or Trustee, I appoint Thomas T. Niesen to serve as successor Executor and/or Trustee hereunder. My Executor and Trustee are specifically relieved from the duty or obligation of filing any bond or other security. ITEM XVI. If any beneficiary hereunder or the personal representative of any beneficiary disclaims in whole or in part any property or interest therein otherwise distributable to said beneficiary such property or interest so disclaimed shall be distributed as if my beneficiary predeceased me with respect to such disclaimed interest. ITEM XVII. The Trustee and Executor may receive reasonable compensation for services as a Trustee/Executor hereunder. Testator is fully aware that he may nominate any person or corporate entity to serve as Executor and/or Trustee, but has on his own initiative specifically requested Patricia Armstrong Morgan to serve in said capacity to assure implementation of his goals and objectives or if she is unable to serve then he has requested Thomas T. Niesen to serve in said capacity. The services rendered as Trustee and Executor are separate from any services she (or he) may render as attorney for myself or my estate. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding sixteen (16)pages, at the end of each page of which I have also set my initials for greater security and better identification this dl*"' day of May, 2012. CORDON D. MYERS May 24, 2012 -12- G.D.M. 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 first above written,and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. (SEAL) Residing at Id313 06sr0, �i4 I`7i(3 ti (SEAL) Residing at AA 411 May 24, 2012 -13- G.D.M. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF DAUPHIN } I, GORDON D. MYERS, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament;that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. GORDON D. MYERS Sworn to and subscribed before me this 2- day of May, 2092. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVA!a A Notarial W _. victoria R.Moore,Notary Pubs.. City of Harrisburg,Dauphin Coin Me;VMy CommissWn EX�rlres Sept.3,�. * nand 9fl a A gan of :: AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) We �tivee t- �a� z l;n� , and 1 C-"�C ���.�5 , 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 Testator, GORDON D. MYERS, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed;that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this _ day of May, 2012. Notary Public My Commission Expires: .COMMONWEALTH O PPMNSY,,N�UA Notarial Seat Victoria R.Moore,Notary P:<'. Qty of Harrisburg,Dauphin My ComMisslon Expires Sept,� . Mass�ber.pennsvivenla gssoctatlon . +r:,He:'°. e