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Home My WebLink About06-24-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Bernita M. Kunkleman File Number ~ !' _ ~ ~ 1 ' ~~~~ also known as ,Deceased Social Security Number 2022U2562 Stephanie A. Goldsmith Petitioner(s), who is/aze 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitio~ier(s) is / aze the eXeCUtor named in the last Will of the Decedent dated 7 0/7/2000 and codicil(s) dated none (State relevant circumstances, e.g.. renunciation, death of executor, etc.) '''' Except as follows, Decedent did not marry, was not divorced, and did noi. 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: n0 eXCe~tIOnS B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d. b. n. c.t.a.; pendente lice; durante absentia; durante minorita`teJ~ ~^j r~ ~ CJ .... ,~S Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sgstu~j(if atiy) ~ 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.) -i --~ r7 Name Relationship Reside~Icr~S '-'~~CJ ~ ~; -~ ~ "' l-; (COMPLETE INALL CASES:) Attach additional sheets if ra cessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 722 Brenton Street Shigpensburg PA 17257 Borough of Shiooensburg (List street address, town/city, township, county, state, zip code) Decedent, then 82 years of age, died on 6/9/:2010 at Menno Haven 2075 Scotland Avenue Chambersburg_ PA 17201 Decedent at death owned property with estimated values as &>llows: (If domiciled in PA) All personal property $ 5.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 125.000.00 722 Brenton Street, Borough of Shippensburg, Cumberland County, Pennsylvania situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last \~ill and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence I Stephanie A. Goldsmith 2420 McCleary Drive. Chambersburg PA 17201 Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 of Petitioner(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 affumed and subscribed C` '-~• ' Signature of Per onal Re esen ative tephanie A. Goldsmith before me the ~ day of June 2010 n^ ~r v F the Register e--.v !") `~, Signature of Personal Representative ~ n ° - -k ~ c_ ~ ~? Signature of Personal Representative ' _~-j ~ _- -; '~ `. J C J x'T'" ~- ~? -~• .~'~ ~ t1 File Number: "~ ~- . • d Estate of Bernita M. Kunkleman ,Deceased Social Security'~Number: 202202562 Date of Death: 6/9/2010 AND NOW, June ~(~ ~- , 2010 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Stephanie A. Goldsmith in the above estate and that the instrument(s) dated 10/07/2000 described in the Petition be admitted to probate and filed of rec rd as the last Will (and Codicil(s)) of Decedent. ~ n~ "" ~, ,, FEE5 ~ C.i~ 7J ~CLC~L1~1,1.~ _ Letters ................ ............. $ 260.00 Short Certificate(s) ~••••••••••• $ 24.00 Renunciation(s) ~•• ~•••••••••••• $ JCS fee ..,. $ 23.50 Automation fee .... $ 5.00 Will .,.. $ 15.00 TOTAL ..................... .... $ .... $ .... $ .... $ .... $ .... $ .... $ 327.50 Register of i s ~t~.a,~ 9~~' Attorney Signature: Attorney Name: el R. Zullin e Supreme Court I.D. No.: 17516 Address: 14 North Main Street. Suite 200 Chambersburg PA 17201 Telephone: (717)264-6029 Form RW-02 rev. 10.13.06 Page 2 of 2 ie. ~/~Al~ 4 E~WI~@.d'~i.P"RS 97M~8 cI ~~~d' 6'M ~ ~"4~F 1 ~~~1~l~~Ji~~~:a; !t ~s ille(~~ia >~>7 ~aa~s~~c;~~*.e ~~a~~ ,:.O~y ~iy phr°~~O~tat Or pt~Ot~r~rx°ip~, P 1646 -426 H105-143 REV 11/2006 TYPE I PRINT IN PERMANENT BLACK INK a °w 0 _ ~ ilil'•. 1F a :ti.ri'" 1s,.ii I~a. i7l~t1i11:Hi'-)~? I1L'.(l; S_iAftl tS ~ ..- ~~/,~;~';- J :r ,fi:'!:Ib .. ~] ... I .. fiit i ~ :'ii"iai (.'~_t-tiliC.:1c' 1:T1 I~fi1T~l ~~'° ~~ ~ "~° , t, { ' LiLI, !ii;i .~ a) _, ~! ,.ai tZ~ .~ira€~. ~{h< rn_~~inal _ ~- . '+ `~ t .`ic~~_. u , . ~. ,I11~J t ~~ 'h<• tiT~(te Vit~11 " - ~;tti i:-. I /I ti..~ Ik'I?, .1r P..Iti it^t _ + s (`may S~4 ~ / T, `'' ~. r ~ ~11 ~_ 1~d ,t , , , ,.~ _ -- -_ -- _ _ 0 `~ _ _- ~ ~-- - - -r.~ r- ~ rv - > ~ .~- - ~..~~i7 '~ ~ / .__ _ _ z ~ ~ _ ..i i` 1 ..~`~ •. r`-~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS 1:> ~' ° ' CERTIFICATE OF DEATH ~ ($88 IOS~pUCfIOfIS end eXemp188 OD Y8V8f881 STATE FILE NUMBER i. Name d DBCadenl (Flrsl, middle, bd, ounrz) 2. Sex 3. S«iel Securhy Nunhet 4. Data d Desm (Abnth, tley, year) Bernita M. Kunkleman Female 202 _ 20 _ 2562 June 9, 2010 5. Age (Led BiMdey) Under 1 er Urxkr 1 de 6. Date d BiM M, de , ar 7. & C' aM sole a br ei n wad W. Plow of Death Check one klorgM Days Moors Mimaee HosDilal: Omer, 82 Yrs. 7-15-27 Shippensburg , PA ^ vganem ^ ER / oulpelbm ^ DOA ~ Nursing Horne ^ RedmnCe ^ other ~ seedy: Bb. Gamy d Death &. City, Born, Twp. d Deelh 9d. FaaFy Name (lf nd ineMulbn, give sired aM nuMar) 9. Wes Decetlem d Hiapenc OrRpn? No ^ Yes 10. Race: American Inden, Black, While, dc. Franklin Chambersburg Menno Haven (K Yes. apeary Cuban, Mexican, Puerto Rican, ebJ (SpecaN White 11. Decetlenl's Usud lion Khtl d work tlorro d ud east d ~ Ne. Do rot state ~ 12. Wes Decadem ever n the 13. Decedem's Ed«alion (spedty only Nghed grass cemp btetl) 14. Model Status: Monied, Never Married 15. Survmng Spo use (If wife, gyre makbn name) Kintl d Work Co- Owner Kind d Badness / IMudry Dry Cleaning U.S. Armed Forces? ^ rea ~I No E to I Secondary (0-12) ~~ Years CoNege (t d « 5v) Widowed, DNorcetl /Spealy) widowed 16. Decetlem's Maileq Address (SVee4 city/ awn, data, zq code) Decedent's PA Did Decedent LNe in a 17 Act l R idence 17 St l ^ Y d t Liv D d i 722 Brenton Street ua es a. e e c. en es, eca e n Twp. Township? I~l Cumberland 17d.pLIW Decetlem VetlwiMin Shi b Shippensburg, PA 17257 D ~~L 17b.Cwny ppens urg C /~ M 18. Fdhei s Name (First, mitlde, last, sulfiz) 19. Mdhais Nana (Fpsi midtlb, maitlen sumeme) Dorsey Ordway Gail Reath 20e. Ird«mem's Name (Type /Pmt) 20b. Inlomam's Meikng Address (Street city /lows, stale, iq cads) Ste hanie A. Goldsmith 2920 McClear Drive, Chambersburg, PA 17201 21e. Medved d DispwiDm ^ Cremation ^ Daadon 21b. Dab d Disp«itbn (Mwm, tlaV, year) 21c. Plow d D'sPosnbn (Name d wmetery, umrabry or oMer platy) 21d Localise (Chy/town, state, zip cads) ® &Idal ^ RemovaltromSbte ~ wrcrarration«DOneBonAWWdud 6-14-10 Parklawns Memorial Gardens Chambersburg PA 17202 ^ qWr. Dy Metlkal EaaminerlCoroner? ^ Ves^ No , ??a. Sipneture d ymeral Se ' (a rson acfmg es such) 22b. Licence Number 22c. Name eM Address d Fedq'ty ~ /11//-yam FD-012984-L Fogelsanger-Bricker Funeral Home Inc., Shippensburg, PA 17257 Complde Tams 23at ady when cenmrp 23e. To th bed my knowlMlga, tledh o«unetl d the time. date and place dated. (Signebre ant tills) 23b. Liwiae Number Tic. Deb Sipred (MOnM, day, year) MYSCan is rid evaiaDle d time d deem b ~ ~, 3 ! 9 3 1 ~ I ~ 4' ~~~ J wrMywusedeeam. ~' v .. ~ ~ N un~ Items 24-28 mud be cceplebd by person 24. Tune of DeaM ar) 26. le Pmmouw;ed Dead (Mo n tl~, d ay, ye 26. Was Case Relertetl to McOkal Examiner I Coroner for a Reason Other then Cremetbn a Donetbn? cant pmrounces tlerith. ?[ /Oc.~ ~ M. - ~ / 1 T V n ~ ~ t~ ~ V ^ Yes ~No CAUSE OF DEATH (See Inslruclions and examples) , Approximate interval: Pan II: Emer dher filonilicam coMiDOns cemrAZffno to death 28. Did ToWdro Use Cagnbute to Dwm? Kem 27. Pan I: Emer the chdn d evens - tliseasas, iryuries, «wmplicaums ~ dal drecdy causetl the deem. DO NOT emer lemkwl evens such es cardiac arrest, ~ Onael b DeaM hul not resWDng m be urdedying rouse gWen in Pen f. ^ Y es ^ ProbaDy respirebry anesl, «venlrcdar Nxikadon wnhod showug the etiology. Lid only one cause w Bch Ina. ~ r ~L yq No ^ UnNrrown IMMEDIATE CAUSE Fnal deease a ~ 7 candnion resulting m h) _~ a. "h~i.C t' CC.[1 CiJ ~n L }~.. ~ Zj`C$' ~ 4 S 4.-1 ~ ~ ``s~bC~y<f'l u ly <'1'<c r ~/„~ -(- 29.11 Femab: INd m ilhm d Due b (« as a consegwnce on: ~ Seowmielty N61 certtlilbra, n any, D, ~ AC,~ ~,,v. /} ~^y ~ '~ r rV yt ~ ~ progra w pa year Pregnant el tkne d tlealh ^ kedrq b Aie cause ided on Ana a. Ener the UNDERLYING CAUSE Due to (« es a oxwequence of): ~ Nd pegnam, but pregnant wi1Nn 42 days d death (diwase a njury that mi9detl the c. i LAST W m d tl ^ evens ree l ®m w ~) . Due b (or es a consequence oQ: ~ Nd Dm9ram, but pregnant 43 tleys to 1 year Ware tlealh d i ^ Unkrawn n nad wAhin Ne e ad p g p year 30e. Wes an Autopsy 30b. Were Aubpsy Fbdctgs 31. Menwr d Death 32e. Date d Injury (Monti, day, year) 32b. Describe Hex Injury Occurretl 32c. Place d hqury: Home, Ferm, Street, Factory, Pedormetl7 AveAabb Prior b Compldion of Cause d Death? I~.Naturel ^ Homidtle OAice &ildng, dc. (Spea'tyJ ^ Yes No ^ Yes o ^ Accitlerd ^ Pending Investigation 32d. Tkne d Iryury 32e. Iryury a1 Work? 321. A Trampmalion hQury (Speary) ^ ^ ^ 32g. L«dbn d injury (Street city / awn, deb) ^ Suidtle ^ Could Nd W Determined ^ Yes ^ No Driver/Operebr Passenger Pedestrian M. Doer-syedry 33e. annier (check oNy one) 33b. Signs rdl/e oL~Canner • CanHying phydclan (PhysiCien cengying rouse d death when enoUer physidan has pranaxxwd death and cerrpletetl Item 23) To1W Wetdmy knowNdgs,dwth occurrW dm to the uues(s)erM nrenneruaWed_________________________________sp , ~ (/ M "~? • Pr«wuncing and ceHIMn9 physidan (Phyddan Dom proraurxatg tleath em cenftying to rouse d death) ^ 33c. Lice umWr 33tl. Dale Sped (Mena, day, year) TolW bestdmY krrowlsdpq deNh acrrmdmtW rime,dale, end plxe, and due total Cetna(s)end manrreruslelM__________________ • YedcalEnmberlCOmner M~ s ~ ~~20 O On 1M Dnle d exunlmtbn eW ! or Inveatigetidn, Id my apmlon, de.m attuned et the tkrre, tlete, and P~~ eM due to tW wux(s) end manner n slated. ^ 34 me ant Address d PersoneWho Compfebd Cause d Death (Item 27) Type /Pmt C IV.A J ) 7 35. is Signal eM N r / .y 36. Date FI (MOmh, tley, Year) n'l4~ n ,~-+< ~~ ~-"z ~ M l S _ I ~ ' I I / ~I ~ /C.- G ~ u f I ~~ ~., 2 '~ (~ ~ ' I ' A /i / ,. H 1 lu( 0 7S 7 ,~L.1 CF~ ; c ~ ~ - Disposition Permit No. 4 ~ ~ U ~{ '1 ,_~ ~~ t-~ :o ~; ~ ~ ~. r , ~ _ ,~~ ~~ -p .t=' LAST WLLL AND TESTAMENT -``~'~' ~-, ~~ . ~~ . BERNITA M. KUNKLEMAN I, BERNITA M. KUNKLEMAN, now of 722 Brenton Street, Shippenshurg, Cumberland County. Pennsylvania, 17257, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Family and Background Information. I am a widow. my husband, BRUCE KUNKLEMAN, having died. My children are STEPHANIE A. GOLDSMITH, RICHARD B. KUNKLEMAN, JEFFREY B. KUNKLEMAN, PAMELA LEE NEGLEY, and KATHY LYNN KELLER. 'T'hroughout this Will, STEPHANIE A. GOLDSMITH, RICHARD B. KUNKLFMAN, JEFFREY B. KUNKLEMAN, PAMELA LEE NEGLEY, and KATHY LYNN KELLER will be referred to as "my children". The word "issue" will include my children as well as my other descendants. (B) Appointment of Executor. 1 appoint as my Executrix and successor F",xecutors (all hereinafter referred to as Executrix or Cxecutoi•(s)) under this Will, the following named persons or corporations to serve without bond and without being required to account to any Court: Executrix: My daughter, STEPHANIE A. GOLDSMITH. Successor Executors: My children, RICHARD B. KUNKLEMAN, JEFFREY B. KUNKLEMAN, PAMELA LEE NEGLEY, and KATHY LYNN KELLER, or the survivor(s) of them, to act jointly or individually. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled "THE BERNITA M. KUNKLEMAN FAMILY TRUST", by and between myself as Settlor and myself as Trustee, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness Expenses; Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. ~~ LAST WILL AND TESTAMENT OF BERNITA M. KUNKLEMAN PAGE 2 (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy. transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required by law and without being prorated or apportioned among or charged against the respective devises. legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes Irom any such person. The foregoing provisions of this A--ticle SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or are ach-ally paid or reimbursed, by the Trustee of the Trust described in Paragraph F[RST (C), above. THIRD: Tangible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, fun~iture, household furnishings. personal etfects, motor vehicles, and al I other similar articles, which I own, and the insurance thereon, to my children, living at the time of my death, to be divided among them as they may select in as nearly equal shares as is practical. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. [f my children do not survive me, I leave such tangible personal property to the issue of children per sti-pes. If there is any disagreement as to distribution, I direct my Executor to make such distribution. rl'he decision of my Executor shall be final and. binding. Any items not selected or any items which my Executor considers unsuitable for my children may be distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. Notwithstanding any other provisions in this Article THIRD, 1 may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions to the ___r~_ LAST WILL AND TESTAMENT OF I3ERNITA M. KUNKLEMAN PAGE 3 ultimate disposition of certain of the property bequeathed under this Article THIRD. and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuary F,state. I devise and bequeath all of the rest, residue and remainder of my estate, real. personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST (C) ofthis Will. to he held, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. Qy this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which [possess under the Trust described in Paragraph F[RST (C) of this Will. F[FTH: Mowers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shat l have and exercise exclusive management and control of the Estate and shall be vested with the following specifiic powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execate such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1) 'To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any teen notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate; except that, in lieu of any binding shareholder agreement orbuy/sell agreement to the contrary, the Executor shall not be permitted to sell the stock or any other ownership interest in any business owned by me. or held in trust, at my death, without first offering the same for sale to my children, or without next offering the sane to the corporation or business represented by such ownership interest for redemption. (2) 'To invest all monies in such stocks, bonds, securities, mortgages, notes, chores inaction, real estate or improvements thereon, and any other property as the Executor nf-y LAST WILL AND TESTAMF,NT OF BERNITA M. KUNKLEMAN PAGE 4 deem best. without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock. bond, note or other security. (S) 'Co use attorneys, real estate brokers, accountants and other agents.. if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) "1'o compromise. settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the 1=.state. (7) "f'o renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) 'l'o retain and carry on any business in which the Estate may acquire an interest. to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment. and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) 'l'o register any stock, bond or other security in the name of a nominee. without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shat l ~~ 1 ~ ,~z~/C LAST WILL AND TESTAMENT OF BERNITA M. KUNKLEMAN PACE 5 be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (2 ]) years of age, the Executor steal l be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the E?xecutor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian. but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind. or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) 'The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which [may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Fxecutor shall deem fair and equitable. (F) The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged or ~~ i ~ i~y/~- LAST WILL AND TESTAMENT OF BERNITA M. KUNKLEMAN PAGE 6 credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or al I of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or ohsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) [f at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then. in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the perso~ls who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee. then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (I) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Tnistees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or 'trustees may exercise any authority or power granted under this WiII or granted by law, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Rights and Liabilities of Executor and Trustee. ~ ~~^. LAST WILL AND TESTAMENT OF BERNITA M. KLJNKLEMAN PAGE 7 (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall pe--formance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the F,xecutor normally and customarily charges t~~r performing similar services during the time which he/she performs the services. SEVENTH: Tax Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate. the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually tiled, my Executor shall allocate so much ofthe Federal Generation Skipping Transfer (GST) exemption amount as will frilly exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason o(~my death. (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall he taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax retun~) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of LAST WILL AND TESTAMENT OF BERNITA M. KUNKLEMAN PAGE 8 a beneticiary. NINTH: Definitions and General Provisions. (A) Survival. Any heneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or ro affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant ofmine to be the child of said descendant. The word "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. (D) Code. Unless otherwise stated. all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use otany gender includes the other genders. and the use of either the singular or the plural includes the other. (F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which l possess under the Trust described in Paragraph FIRST (C). above. i~ LAST WILL AND TESTAMENT OF BERNITA M. KUNKLEMAN PAGE 9 IN WITNESS WHEREOF, I. BERNITA M. KUNKLEMAN, the Testatrix, have to this my I_.ast Will and Testament. typewritten on ten (10) pages, including the Acknowledgment and Affidavit. set my hand and seal this day of October, ?000. (print name) BERNITA M. KUNKLEMAN Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto. in the presence of the said "Testatrix. and in the presence of each other. Each of us furCher declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists ofthis and nine (9) other consecutively numbered typewritten pages includin~,~ the acknowledgment and Affidavit. ~ ~ U' ~ residing at J l D ,~j /~~~ u~ ~'~ L ~.~ c-~~ ~~~f ,_~~ (print name, residing at l~G~^'~P ~~~ ~~i_ ~ ~ _ ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUW1 ~RLRNI~ SS: The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. 'f ; Testatrix 1 ~` / `1 Witness` itn s Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this ~ day of October, 2000. ~~~~~~~~ Notary Public My Commission Expires: Notarial Seal Teri L. Walker, Notary Public Lemoyne t3oro, Cumberland County My Commission Expires Jan. 20, 2003 Member, Pennsylvania Association of Notaries