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HomeMy WebLinkAbout06-13-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA cd I - Qr; -5/1/ Estate of John B. Jung also known as File Number , Deceased Social Security Number 318-20-8337 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) p ,::::;;0 -=:~ :D -3~Q -,~ t - - ~,~?~ ~:j (07~- l ,.~_,~ :=3 ~ lZl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the John B. Jung, Jr. last Will of the Decedent dated May 31, 2006 and codicil(s) dated (.-.) named in the :' C~~) ~. ::0. ,-1 -, \L' (State relevant circumstances, e.g., renunciation, death of executor, etc.) Ul Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) 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: (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.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 431 Blacklatch Lane. Carno Hill. Lower Allen Townshio. Cumberland. P A 17011 (List street address, town/city, township, county, state, zip code) Decedent, then 81 Cumberland County. P A years of age, died on June 8, 2007 at Holy Spirit Hospital, East Pennsboro Township, Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania 625,000.00 $ $ $ $ 0.00 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence John B. Jung, Jr., 531 Sleepy Hollow Road, Richmond, VA 23229 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed /3#L ~ Signature of Personal Representative Signature of Personal Representative File Number: elL -;jr1Yl- 5rf/ C:';;J C:::C --- Estate of John B. lung c....... w , Dece~(,~ D f D h J 8 2007 - :D \_0 ate 0 eat: une , J ::'-1 '-, c.." , 4(){)tf, in consideration of the foregoing Petition, satisfac~~ry proof re me, IT IS DECREED that Letters Testamentary B. Jung, Jr. AND NOW, having been presented b are hereby granted to Jo in the above estate and that the instrument( s) dated May 31, 2006 described in the Petition be admitted to probate and filed of ree FEES Letters. . . . . . . . . . ..") $ f)/O. cO Short Certificate(s) . (1. . . . $ dg ,co Renuneiation(s) .......... $ ~JI ... $ t5~ .. . $_1 C\ 00 ftqk ... $ O,DO .. . $ . .. $ '" $ .. . $ .. . $ .., $ TOTAL. ............. $$ 5&-;;; Form RW-02 rev. 10.13.06 Attorney Signature: Attorney Name: Supreme Court J.D. No.: 41274 Address: Keefer Wood Allen & Rahal, LLP 635 North 12th Street, Suite 400 Lemoyne, P A 17043 Telephone: 717-612-5801 Page 2 of2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13550297 Certification Number This is to certify that the information here given correctly copied from an original Certificate of De. duly filed with me as Local Registrar. The origil certificate will be forwarded to the State Vi Records Office for permanent filing. /} m t1I': JUN 111007 ~/</~/ / Local Registrar Date Issued s::? ::;:0 >;;g L (,.(l ~ '::0 J ---I \..0 U1 REV 1112006 . PRINT IN AANENT CK INK COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverae) 2. s:ale STATE FILE NUMBER 3/28/26 Twp. 8d'~I(llrdSP\~T\~~;\)\tQ \ 13. Decedent's Educalion (Specify onti hpst glllde complelld) 14. Marital SIllhJs' Married, Never Married, 15. Survi'lillg Spouse (If wifa, give maiden name) Elamenlaly / Secondary (G-I2) College (1-4 or 5+) Widowed, Dlvoll:8d (SpeciIyj 12 4 widowed Did DecadenI Live in a 17e. ayes, Decedofl\ UvedI11 Lower Allen Township? 17d. D No, Decedenl Lived within Actualllmltll of 7. Birthplace (Cily and stale Ot' Waterloos IL Bb. County 01 Death Cumberland . 11. Oecedenrs Usual I0OI\ of life. 00 nol slate K'1ld of Wor1l Ki1d of Busir1es& IlIIduslry ConsultingEngineer Engineering . 16. Oecedent's L4aing AddI8ss (SI...1. clty I lawn, sial., zip code) Decedenrs Actual Rasidance 178. SIllIe 17b. County Cumbe r land 431 Blacklatch Lane Cam Hill PA 17011 18. FaIhor's Name (First, midlIe, last, SIlflbc) Twp City / 80m Bernard Michael Jung 19. Mofho(s Name (FiIs1, midlta, maidlln tumamel Lucille Mohme 2Ob. Intonnanfs Mailing Addresa (Slreet. cily / town. s111e, zip code) 531 Sleepy Hollow Rd. Richmonds VA 23229 21c. PIac:e of IlispoIillon (Namo 01 comot8IY, crematory Ot' other place) 21d. location (City / lown, ol8te, zip code) Con-O-Lite Crematory ScheafferstownsPA 17088 22c. Name andAdliass 01 FaclIily Parthemore FH&CSsInc. New Cumberland, PA 17070 2011. Inlormanl's Name (Type I Print) 21a. Method 01 Disposition ~ 221. . To "" bos1 01 my knowledge, death oc:amd at !he lime, dele and place 8lal8d. (Siglalure and 1MIe) 1IIms24-26 nul be ~by perIOIl 2.. TIme 01 Death Q' "^ *' 25. 0aII ~ Dead (Monlhbdly, year) n ~ who ~ death. ' '^-' M. 0 U (')e ~ ;;x:::o - , CAUSE OF DEATH (SIllIIMlrUCtIOnS 8Ild ...~) 118m V. Pan " EnlIf!he fiblliI..lIl.Jl- ttseaaeI, iI1urtas. or compIIcationa -1ha1 cIraclly CIIJ58d "" dea1h. 00 NOT lIltor lom1Inol MnfB such as cardIIc snesl, fISIIlnlIoIY 1II8Il. or wnlItaMr tlJrtlalion wIlhout Ihowlng!he eIIoIogy. Ust only one cause on each line. AflpmJdmate 1ntarv8l: Onllalto Death =~~=)~ a. CA~'f) PUl(Y)'j(uMt' ~~J2-e9r Due to (or as 8 ~uence 01): b. A<.; Pl.ef1Tt oN Due 10 (Ot' as a CIlIlHqIlIrICI.oI): c. CoF.:t: eB f,. t2.o () N !::> €Y'<">e s l.b Due 10 (Of as a consequence 01): =l1li concIIlonI. . any, to _illlledoninea- Enler UNllEIILYING CAUSE =-.:>>:"'~~ d. 3lla.Wasan~ PecIormad'1 ~. Wn AutoIleY FindIngf AwIallle PIlor \0 eornpetiorI 01 Cause 01 Death? D yes D No 3Ulamer of Daa1h ~ D Homicide D Al:cIdont 0 Pending IIWMIlgatIon D &icide 0 CoUd Not be DetermIned M. DYes ~No 32d. 11me oIlnjIJry 338. C8I1tllor (check only one) . CarIIlytng phy*laft (1'l'frsIciaII ~ cause of death when anolIlo< ~ has pronounced death and ~81ed Item 23) TotheboMoImy~.""'-.mddllelothe"i-Il)IIld_..IIIdIlCI,..._ _ ____ ___ _ __ ___ __ _ _ _ _ __ _ _ __ _ _ __ _ 0 . ~ IIlII c.rtlIylnQ phyIlclan (P!lysic:lIn bllIh IJlOI1OIlIldng death and cartifyIng to cause 01 death) To the boM 01 my u-ledge. dllIlh -.md 8t the lime, dat8, IIld ~ IIld due to 1111 Clllll(1) IIld """"'"' as IIIdIlCI,... _ _ _ _ _ _ _ _ _ - _ _ - - - - . ::: =:or ~ and f or IrMatigalkln, In my opinion, death occurred 8tthe lime, dille, IIld plMe,lI1d dUlto till cauM(1) and mamor as IIIdIlCI,... 0 :Repa(S8qla~ I ~II I ~I I I II Disposition Permil No. 2311. Lk:na Nuntler 23c. Dale Sig1ed (MonIl1. day. year) 26. Was Caae Flalerred 10 MedIcal Examiner I Coloner tor a Reason Olhef thin Cremalion Ot' 00na1l0n? !Xl yes D No Part II: Enter oIhor_ -- -I(l dea1h. 1M not IlIIUIting In \he undIrlytng taIJIlII gW8n In Part l 28. DId TCJbac:co Usa ConlrIbute 10 Daath? D YIII D ProbobIy DNo ~ 29. ~~ant wilhin pasl year D Pregnant alllmo of death D Not pleplIt, but prepnI wilhin 42 days 01 death o Not JIIl91lInl, buI pngnanI <43 days to 1 year before death o Unknown n pIlIlJlI!1I within Ihe past year 32c. = t=: :niS;::i SIr8et. Fadory. 32g. Locallon of Injury (S1reet. clty flown, s11la) 33c. lIcenee NlMl1ber 33<1. Dala SIgned (Month, day, yelIr) M"D ~:?"1?:> 0 g'} 07 34. Name and Address of PIllSOI1 WIE ~C4Use of Death (Item V) TYJl'! f f\JIh n ,.... tJ O~ lI? (' - {,., Al-tv-</ ~71--rIHOU" St'l\'- l T \ r S-V'2.7 N~ 2-l~t-;Ti2.fGT CA0If' I-{lll) (7{); {,o50 Last Win and T <estam.<ent o -~:O ! .-; 7 --..( (~~ ':~7 r--: I, JOHN B. JUNG, of Lower Allen Township, Cumberland Co~ty, c.,,:, Pennsylvania, do make, publish and declare this to be my Last Will and~_T~stam~t, hereby revoking all Wills and Codicils by me heretofore made. OF JOHN B. JUNG ~!1 ITEM I: Familv Information. I am a widower, having been married to Barbara B. Jung. I have two living children: JOHN B. JUNG, JR. and LINDA L. JUNG. These are described in this Will as "my children," or as "a child of mine." I also had one son, Andrew P. Jung, who predeceased me and who has no living issue. Any person born to or adopted by issue of mine is to be included as issue of mine. Provided, however, no adopted person shall benefit under this Will unless the order or decree of adoption is entered before the adopted person attains the age of twenty-one (21) years. ITEM II: Death Taxes. I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate, except that no taxes shall be charged against any gift qualifying for the charitable deduction in my estate. 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. ITEM III: Debts and Final Expenses. I direct the Executor to pay the expenses of my last illness, my legally enforceable debts, and my funeral expenses from the residue of my estate as an expense and cost of administration of my estate. Page 1 ~ ITEM IV: Tangible Personal Propertv. (a) Written ~ist. I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequently discovered list shall be ignored. (b) To Children. I give all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon which is not set forth in a written list to my children, to be divided between them as they shall agree. ITEM V: Residue. I give the residue of my estate, not disposed of in the preceding portions of this Will, to my children, in equal shares. If either of my children is not living at my death, the share of my deceased child shall be paid to his or her then living issue, per stirpes. If any issue of a deceased child has not attained the age of thirty (30) years at the time of distribution, the share of the beneficiary who has not attained that age (each the "Beneficiary" of the Trust established for his or her benefit) shall be held by JOHN B. JUNG, JR., as Trustee, IN TRUST NEVERTHELESS and shall be administered and distributed as follows: (a) Net Income. The Trustee shall pay to the Beneficiary in convenient, at least annual, installments so much of the net income as the Trustee, in the discretion of the Trustee, considers necessary for the reasonable support, maintenance, health care and education, including college or other post-secondary education, of the Beneficiary. Income not distributed shall be accumulated and added to principal. Page 2 -N% (b) Princinal. The Trustee shall also pay to the Beneficiary so much of the principal as the Trustee, in the discretion of the Trustee, considers ne~essary for the reasonable support, maintenance, health care and education, including college or other post-secondary education, of the Beneficiary. (c) Termination. Upon the attainment of the age of twenty- five (25) years by the Beneficiary, the Trustee shall distribute one-half of the principal of the Trust to the Beneficiary. Upon the attainment of the age of thirty (30) years by the Beneficiary, the Trust shall terminate and the Trustee shall distribute to the Beneficiary the remaining assets of the Trust. (d) Death Before Termination. Should the Beneficiary die before final distribution of the assets of his or her Trust, the Trust shall terminate and the Trustee shall pay the assets of the Trust to the then living issue of the Beneficiary, per stirpes. However, if any issue has not attained the age of twenty-five (25) years at the time of distribution, the Trustee shall continue to hold the share for that issue as Custodian under the Pennsylvania Uniform Transfers to Minors Act for the benefit of that issue. (e) Trust Without Beneficiaries. If before final distribution of the assets of this Trust, there is no living beneficiary of the Trust, it shall terminate. The assets of the Trust shall be paid to the then living issue, on a per stirpital basis, of the nearest deceased ancestor (with issue living at the time of distribution) of the Beneficiary who is me or my issue. However, if there is then in existence any trust created under this Will for the benefit of that issue, the share which would have been distributed to ,that issue shall be added to the principal of his or her trust, to be administered and distributed as provided in this Will. (f) Rule Against Pernetuities. Notwithstanding any other provision of this Will, each Trust arising under this Will shall Page 3 # terminate no later than twenty (20) years after the death of the last to die of my issue living at the time of my death. Upon termination, the principal shall be dis~ributed to the then income beneficiary of the Trust. (g) Failure of Issue. In the event I am not survived by any issue, or if there are no issue of mine surviving upon the termination of any trust, the residue (or principal) shall be paid to those persons who would then be entitled to my estate under the intestate laws of Pennsylvania then in effect as if I had then died intestate. ITEM VI: Spendthrift Clause. No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM VII: Administrative Powers. In addition to the powers granted at law, the Executor and the Trustee shall each possess the following powers, each of which shall be construed broadly and may be exercised without court approval, but in a fiduciary capacity only: (a) Retain Investments. To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) Varv Investments. To vary investments, to make loans, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 4 -44) (c) Division of Assets. In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee, are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) Sell Assets. To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) Encumber Real Estate. To mortgage real estate, and to make leases of real estate. (f) Borrow Monev. To borrow money from any person, 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 or any Trust established by this Will. (g) Pay Costs. To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. Page 5 ~ (h) Distributions without Court Order. To make distributions of income and of principal to the proper beneficiaries, during the administl'~tion of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) Vote Stock. To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) Reorganize. To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company w hose securities form a part of my estate. (k) Disclaim. 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. (1) Tax Returns. To prepare, execute and file tax returns of any type required by applicable law, including but not limited to filing a joint tax return with my surviving spouse, and to make all tax elections authorized by law. (m) Emplov Advisors. To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) Divide Trusts. To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or one, in Page 6 ~ order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (0) Allocate Expenses. To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) Adjust Basis. To make any adjustment to basis authorized by law, including, but not limited to increasing the basis of any property included in my estate, whether or not passing under this Will, by allocating any amount by which the bases of assets may be increased. The Executor shall be under no duty and shall not be required to allocate basis increase exclusively, primarily, or at all to assets which pass as part of my probate estate as opposed to other property for which a basis adjustment is allowable. The Executor shall allocate basis increase equitably among those beneficiaries receiving property as a result of my death, but shall not be liable to any person, nor subject to removal or surcharge, for any reasonable allocation of basis increase. (q) Compromise Claims. To compromise claims. (1') Terminate Trust. To terminate any trust, if in the opinion of the Trustee, the expense of administration of the trust is not justified. Upon termination, the Trustee shall distribute the trust property to the person(s) then entitled to receive or have the benefit of the income therefrom. If there is more than one current income beneficiary, the Trustee shall distribute trust assets to the income beneficiaries in the proportion in which they receive income, or if no proportion is designated, in equal shares to the income beneficiaries. This power may only be exercised by a Trustee who is an independent Trustee, and this power shall be ineffective to the extent that the effect Page 7 ~ of the power is to vest in any Trustee or beneficiary a general power of appointment. (s) Other Acts. To do all other acts in his or her judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate. and Trusts established under this Will. ITEM VIII: Accounting. The Trustee, on an annual basis, shall provide each income beneficiary who has attained the age of eighteen (18) years, and the Guardian of the person of any income beneficiary who has not attained the age of eighteen (18) years, statements showing transactions of each Trust established for the benefit of that beneficiary. The beneficiary, or the Guardian of the person of such beneficiary, may waive this right to receive an annual accounting. The Trustee may, at any time, settle any account, or questions concerning the administration of any Trust established under this Will, by agreement with the then current income and remainder beneficiaries of the Trust, if legally competent, or if not legally competent, with the Guardian of the person of the beneficiary, the legally competent spouse of the beneficiary, or the oldest legally competent relative of the beneficiary who would take a portion of the estate of the beneficiary were the beneficiary to die at that time intestate under the laws of the Conlmonwealth of Pennsylvania. Any settlement made in accordance with this Item shall bind all persons who have an interest in the Trust, and shall constitute a release and discharge of the Trustee with respect to transactions specified in the settlement. ITEM IX: Distributions to or for Beneficiaries. The Trustee is authorized to distribute principal and/or income in anyone or more of the following ways if the Trustee, in the discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) To Beneficiary. Directly to the beneficiary; (b) To Guardian. To the legal guardian or conservator of the beneficiary; Page 8 ~ (c) To Trustee or Custodian. To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to ;Minors Act as to a beneficiary under the age of twenty-five (25) years; (d) To a Relative. To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (e) Bv Direct Expenditure. By directly applying distributions for the benefit of the beneficiary. ITEM X: Survival. Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM XI: Trust Situs. The initial situs of each Trust created under this Will shall be the county of my domicile at my death. The Trustee may determine, from time to time, to change the situs of any Trust established under this Will. However, no change in situs shall be effective until written notice is provided to the living beneficiaries of the Trust. ITEM XII: Executors and Trustees. I make the following provisions with respect to Executors and Trustees: (a) Initial Executor. I appoint my son, JOHN B. JUNG, JR., to be the Executor. (b) Successor Executor. In the event that JOHN B. JUNG, JR. is unable or refuses to serve as Executor, my daughter, LINDA L. JUNG shall serve as Executor. Page 9 ~ (c) Initial Trustee: Power to A-ppoint Additional Trustees. I appoint JOHN B. JUNG, JR. to serve as Trustee of the Trusts created hereunder. Each per~on serving as a sole Trustee shall have the power to appoint a Co-Trustee. Each Trustee shall have the power to appoint his or her successor in office. In the event of a complete vacancy in the office of Trustee, LINDA L. JUNG shall serve as Trustee. (d) Power to Remove Trustee. Any Co.Trustee appointed by a Trustee may be removed by that Trustee. (e) Method of Appointment and Removal. Each appointment 01' removal of a Trustee shall be in writing and shall be filed with the court in the jurisdiction which is the situs of the Trust. The written instrument shall be signed by the person having the power to make the appointment or removal. (f) Acceptance of Office. A Trustee shall be deemed to have accepted the office of Trustee as to Trust property only to the extent it accepts that property by written instrument delivered to the Executor. Should a Trustee refuse to accept property, the Executor shall have the power to select another person to serve as Trustee, or to divide any Trust created by this Will so as to permit one person (or persons) to serve as Trustee with respect to some Trust property and another person (or persons) to serve as Trustee with respect to other Trust property. (g) Temporarv Trustee. Each Trustee shall have the power to designate a temporary Trustee by an instrument in writing delivered to such temporary Trustee. The temporary Trustee shall serve as such only during the legal incapacity of the appointing Trustee, or, during such period of time as the appointing Trustee in writing designates, and upon the expiration of that time, or at such time as the legal incapacity of the appointing Trustee ceases, the appointing Trustee shall once again become the Trustee. Page 10 ~ (h) Deleg-ation. Any Trustee may delegate investment and related management functions to another Trustee, provided the other Trustee accepts the d~legation in writing. To the extent accepted, the delegating Trustee shall be relieved of responsibility for the investment decisions of the Trustee to whom investment and related management functions were delegated. (i) Resi2'nation. Any Trustee may resign upon ninety (90) days written notice to the then income beneficiary and each adult sui jurls remainder beneficiary of the Trust; provided, however, that the resignation shall not become effective until and unless at least one person is then serving as Trustee of the affected Trust. (j) Responsibilitv. No Trustee shall be responsible for the acts or omissions of any other Trustee. (k) Dutv to Investigate. In the absence of actual knowledge of a breach of trust, or information concerning a possible breach of trust that would cause a reasonable person to inquire, a successor Trustee is under no duty to examine the accounts and records of any predecessor Trustee, or to inquire into the acts or omissions of such predecessor, is not liable for any failure to seek redress for any act or omission of such predecessor, shall have responsibility only for property which is actually delivered to the Trustee by such predecessor and shall have all of the powers conferred upon a Trustee hereunder. (1) Compensation. The Executor and Trustee shall have the right to receive reasonable compensation for services rendered and reimbursement for reasonable expenses. (m) Standard of Care. The Trustee shall not be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. This shall specifically include decisions of the Trustee with respect to discretionary distributions of income and/or principal to any beneficiary. Page 11 ~ (n) Security. The Executor and Trustee are specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eleven (11) pages, at the end of each page of which I.};ave also set my initials for greater security and better identification this .J ,V- day of 11 A' ~ ,20 . Z D ~ /,.. ~ 13 B-- ~(SEAL) JOHN JUNG 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 nlind and memory. lIjJikJ a. d~ !d;1fl{ ~) (SEAL) Residing at g// 4~ ~ f~ ~~ /7tPr,/5- (SEAL) Residing at ~".; .s . ~ /tl.. df~c<,~ f7A 1)cS'J . ACKNOWLEDGMENT COMMONWEALTH OF PE'NNSYLVANIA ) ) SS: COUNTY OF ) I, JOHN B. JUNG, 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. A~ ~~AL) JOH . JUNG . Sworn to and subscribed before me this 31,4:f day of f'JJJ.-:t- , 200~. q ~9:~ My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CYNTHIA J. RULE, Notary Public Camp Hill Bora., Cumberland County My Commission Expires February 3, 2008 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ) We, J;;lt, '{ ,1 tJh'1t.TlI and 2. ;Q() e( S the Witnesses whose names are signed to the attached or fore oing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, JOHN B. JUNG, 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. Witness 0~w(* ,,I,,, ,,/ ~ /I. aJ4J~ Sworn to and subscribed before me this .31A:t day of ~ , 20 "4. (j *-~LL My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CYNTHIA J. RULE, Notary Public C~ Hill Boro., Cumberland County. M Commission Expires Febru 3. 2008