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HomeMy WebLinkAbout02-07-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF~WILLS OF CUINBERLAND Estate of James R. Kunkle also known as COUNTY,'P~NNSYLVANIA File Number ~1~-l/~QIS~f Deceased Social Security Dumber .722-01-7670 Petitioner(s), who is/are 18 years of age or older, apply(ies) for. (COMPLETE A' or'8' BELOW) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the last Will of the Decedent, dated 08120/2A[i9 and codicil(s) dated Executor named in the dQa.u, u~/ur~:K 4A'sM..rldf ~< ~r~er~- ~!~ i~ ¢yF..fir~i.~~ otS ~~~ ew ~' ~ 'Pa G•S A s 33 a ~ C State rebvant dn:umatexes, e.p., nmunBeHon, death a-exeautor, eta Except as follow, Decedent did not marry, was not divorced, and did not have a chile! bom or adopted after execu~ion lot the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: no exceptions ' ^ B. Grant of Letters of Administration Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following s~ause (if any) and heirs: (If Administration, c. t.a. or d.b.n.c.f.a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi Residence na 'tw I~ ' ~ ~ ~ `z ~ ~ ..~* d--~ (COMPLETE /N ALL CASES:) Attadr additional sheets if necessary. Decedent was domialed at death in Cumiberland County, Pennsylvania with his /her last {List sheet code) 3C _ N Decedent, then 85 years of age, died on 01/24J2011 at HoN Sairit Hospital Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ ~ 370,000.00 (If not domialed in PA) Personal property in Pennsylvania $ ~ (If not domialed in PA Personal ro in Coun ' P PertY tY $ value of real estate in Pennsylvania $ __ II I'~ 136.000.00 situated as follows: 4 Chester Road, Enola, PA 17025 ~ ~reTone~,g~etitioner(s) respedfuUy request(s) the probate. of the last WIII and Codidl(s) presented wMh this Petitlon and the grant of, ed~ in the appropriate form to S' nature T or printed name an r i ence (~~~ ~ 6~{~. c~~ ~'`v" PNC Bank National Association P.O. x Camp HI 8 I, PA 17001-0308 Farm RtN-02 Rev. f0.13-2008 CopyripM (c) 2006 form soRwaro ony The Ledv~sr GraiP. Inc. Pape t of 2 I _ i -~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA , } SS couNTY of Cumberland } - The Petitioner(sj above-named swear(s) or affirm(s) that the statements in the foregoing Petition ere true and cprr~Ct to the best of the knowledge and belief of Petitioner(s) and that, as personal represAntative(s) of the Decedent, Petitioner(s) will wel` and truly administer the estate acxording to law. Rw~ `~~ . ~~~00~~ ~SOL\~-TO~ Swom to or affirmed and subscribed ~e+~~nature of Personal R ~f `mi'l/ ep-esentatlVa t i.. J.. 1 ~JL~I.... i before me this / ~ day of For the Register of { File Number. 21 ' f ~-D / 6~1 - ' " Estate of James R. Kunkle '~'t r*t C7D I ~..J ~ ~~ CA? ' ~ r'n .. r, c~ ``~ ~~. Social Security Number: 722-01-7670 Date of Death: 01/24/2011 i AND NOW, ~ ~/ I , in consideration of the foregoing IlPetition, satisfactory proof having been presented before me, IT IS DECREED t at Letters TestamentaN i i are hereby granted to PNC Bank National Association and that the instrument(s) dated 08/20/2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................................... $ Q, w Short Certficate(s) ....................... $ / ` Z`/ • o~ R e n unciation(s) ............................ $ /A ' ' (~(,Jl~ / $ ~,srv a `TCS s Z3 sb ~~ $ S.."' 3 TOTAL .........................:......... $ ~Z7 5~ Slpnature of Personal Repe~ntafive it I r-, c~ ,~-~ ~~.. Attorney Signature: Attorney Name: Supreme Court I.D. No.: Address: Telephone: `-T7 Aaron C. Jacksa~n~ .~p. sooa9o Tucker Arensbe~g, 111 No h Front P.C. P.O. Box 889 Harrisburg, PA i'~ + 717-234-4121 i i Form RW-02 Rev. ~o-r~-zoos ccayr~enr (ci2oos Corm. sonwars ony Tns ~sdv,sr cro~,p, ins Paoe z a 2 ~nt cn5 Icy rm/n~~ LOCAL REGISTRAR'S CERTIFICATION OF DE~4TH WARNING: It is illegal to duplicate this copy by photostat or photogralph. Fee for this certificate, $6.00 P 17114.89 Certification Number This is to certify tat the information here given is correcl:ly copied''frd~rn an original Certificate of Death duly filed with pnei~ as Local Registrar. The original certificate will ' bq forwarded to the State Vital Records Office for permanent filing. Local ;Registrar ! I Date Issued I I 1 ~ip pEy „~ COMMONWEALTH OF PENMBYLVANIA • DEPAg7YENT OF HEAL7M+ VErAL NECORD6 " ceanFlCArE of oFa-TM (s.. xt.auauon. r9a'.a.atv~N on r~.a.) eTATE W ti.l ~~ ~ rv .` ~~ W ~ ~ ",~ ~ ~.~; ~' C,.t '~ i C.' ,.swraorwE.rp~ntww.rarrq tew seerEe«n4,9«er JAM1:S R. RITNRLE Male 722 _ O1 7670 • poreMo,w+a.w) January 24, 2011 a~PF+r~il urri urE., a r T: rr~rr« Fbera 85~ b.. b" ~ r.. Dec. Zl, 1925 Parkersburg WV ^~/ ~~ © ^eww«a ^~, a sari r owe a oM. era ne. d dr, ad Frets xrr A rd YMMp,,br rnbt«dmbbA 9. wr Dwknr d rrpre OdaO ~ N, rw t0. rrea MwbeE be9,, 8bd~ rerti ra ite ~W Cumberland East Pennsboro en,.c) Holy Spirit Hospital rw~aw tl ~ . r d rol rdr u. Y/r Droidra rwr b h +a Dad9r't ebd9aii l99rdf Er1 a~ v~ ~* M~ arc ~b,Ek, N9bw4 ~~ ~a 8uvh9p Ix.9., dw mrew ^^^q ~ IOtl d Ml,d 16dr8rErtt/earr 'Mechanical Engiaeer Manufacturing U.B. Anrd FanewT , / g~ea,y8,11o-o-1?) CaMP f1i a &) -~ lClrr ^ae '*-Y°-"-12' '°'----'~--' Widowed i ~aorreetirr+9a~R9.r.d4/°"""'k'~ooA~ o'0'E"'" Penaeylvania I~Nrb~ ~~~ ,T. err + ,TC,~r9,,ororErrli Mrdb Eaet Pennsboro T.A. 4 Chester Road trams, Cumberland To«.tgT +M^ ~ aM/e«e Enola PA 17025 ' 10. f/,«y#bl,D~rMM.YKrdYI Samuel Runkle N. 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KUNKLE ,.. e v c_:n~~`. rr, ~~ ~. ~`- f- rn ~:h I, JAMES R. KUNKLE, of East Pennsboro Township, Cumberland County, ~r§yNania; declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at ahy time ~' heretofore made by me. ~, FIRST: Tangible Personal Property; Real Estate. A. Distributions. I make the following distributions of~ta~~ible personal property from my estate: ', 1. I give my aquariums, tropical fish, and all rel ed equipment or supplies (excepting books) to my friend, DAVID CHERIS o Harrisburg, Pennsylvania, outright, if he survives me. If he does not so s ive me, then this bequest shall lapse. i 2. I direct that specified items of my tangible final property shall be distributed in accordance with the provisio s ~ the latest signed fetter of instruction or memorandum, which shall bed end signed by me at the end thereof, from time to time. Such a list may t k }he form of a "Letter of Instruction". In the discretion of my Executor, suc li or {etter may be filed of record or, in the alternative, may be retained rfely by my Executor to preserve my privacy. ', I, 3. In the event that such a dated and signed left r Mnstruction or memorandum is not found and identified by my Executor ' h N thirty (30) days after my Executor's qualification, it shall be presumed th ~ such writing exists, and any subsequently discovered writing shall snored. 4. I direct that aN remaining items of tangible pe n I property shall be liquidated at an auction to be held at a location other h n my residence, or in such other manner off-site as my Executors all determine is best to receive fair market value. The sale proceeds shall be ~ a part of the residue of my estate. I B. Expenses of Storage and Shipment. The expens packing, shipping, insuring, and delivering any such property to the entitled thereto shall be paid by my Executor as an administrative estate. In addition, to the extent practicable in my Executor's sol give any policies of insurance on such property to the beneficiary property. C. Specific Bequest of House. I devise and begN my residence located at 4 Chester Road, Enola (East Penns storing, sofmy ;tion, I to such in kind, Township, Cumberland County), Pennsylvania (my "House"~, fee of any mortgages or liens (which, if any shall exist, shall be paid b~ t e residue of my estate) to LAURIE JO WELLER if she survives me byl, t irty (30) days' but, if she should not so survive me, then I make such) d wise and bequest to her husband, STEPHEN WELLER, if he so survi~re t~ne. If neither so survives me, then said devise and bequest of my H use shall pass as a part of the residue of my estate. SECOND: Pecuniary Bequests. I give to the persons and insti u ipns named below the amounts set forth after the name of such person or institution, subje t tie following priorities for satisfaction in full of such pecuniary bequests: A. First Priority Beneficiaries (who shall be satisfied fist in full, before any payment to my Second Priority Beneficiaries): ' I, 1. To LAURIE JO WELLER, the sum of Thi F ve Thousand dollars ($35,000.00), if she survives me. If she~h uld not survive me, then such bequest shall lapse. 2. To my Trustee, PNC Bank, N.A., IN TRUSS', NEVERTHELESS, subject to the terms of ITEM FIFTH of ~hi IJViII, for the benefit of LAURIE JO WELLER, the sum of Ninety-Two ho fiand Dollars ($92,000.00), if she survives me. If she should not s nrive me, then such bequest shall lapse. B. Second Priority Beneficiaries (who shall be satisfie rely after the bequests to my First Priority Beneficiaries have been satisfied in f ill 1. To JACK KEITER, the sum of Five Thousa~d Qollars ($5,000.00), if he survives me. If he should not survive m~, t en such bequest shall lapse. 2. To JODY S. SHOVER, the sum of Five Tho~u~ahd Dollars ($5,000.00), if he survives me. If he should not survive me`` t do such bequest shall lapse. !, 3. To CORY J. SHOVER, the sum of Five Thu ahd Dollars ($5,000.00), if he survives me. If he should not survive me t an such bequest shall lapse. 4. To CRAIG F. SHOVER, the sum of Five Thbu~~nd Dollars ($5,000.00), if he survives me. If he should not survive me` t ern such bequest shall lapse. 2 5. To DEBRA DILLMAN, the sum of One ($1,000.00), if she survives me. If she should not surv bequest shall lapse. 6. To DEBORAH A. RAILING, the sum of', Dollars ($1,000.00), if she survives me. If she should not such bequest shall lapse. 7. To BETTY SCHLUSSER, the sum of One ~ Dollars ($1,000.00), if she survives me. If she should not such bequest shall lapse. 8. To BRENDA K. SHIELDS, the sum of One Dollars ($1,000.00), if she survives me. If she should not such bequest shall lapse. ', 9. To PAUL TOWNER, the sum of One ($1,000.00), if he survives me. If he should not sure bequest shall lapse. and Dollars then such Thousand me, then me, then me, then nd Dollars then such 10. To THOMAS KERR, the sum of Five I~u~dred Dollars ($500.00), if he survives me. If he should not survive i m ,then such bequest shall lapse. THIRD: Residue. After satisfaction of the bequests set forth I,a owe, I direct that the residue of my estate shall be distributed to the following charitable org n z~tions, or to their successors in interest, in the following shares, to be utilized, as far as pos~i le, consistent with the intention and purposes set forth in ITEM FOURTH of this Will: ~, A. Twenty Percent (20%) to CHRISTIAN CHURCHE~ U~IMTED, of Harrisburg, Pennsylvania. o ~~ / ~ ~ ~, B. Twenty percent to DO NT WN a Y BR~Ab'` of Harrisburg, Pennsylvania. ~, C. Twenty Percent (20%) to FEED THE CHILDREN, f klahoma City, Oklahoma, half of which bequest shall be used for its purpos s r~ the United States, and the other half of which shall be used in locations outsi e ~ the United States, where need is present. f ~' R o °/v ~~ ~~ ~ K ~l ~d COI D. Fifteen Percen HOSPI E~F CENT L ' I~ PENNSYLVANIA, of Harrisburg, Pennsylvania. ' ', E. Ten Percent (10%) to BETHESDA MISSION, of Pennsylvania. F. Fifteen Percent (15%) to CAPITAL AREA CHRISTfIA~I CHURCH of Mechanicsburg, Pennsylvania. 3 FOURTH: Charitable Intention and Use. It is my intention that the bequests set forth in ITEM THIRD shall qualify f r Charitable deduction for purposes of federal and state death taxation; and the beq a t$ are so conditioned. To the extent that such a bequest shall not so qualify, my Executors ijven the discretion and duty to redirect such bequest to a charitable organization that mos c o~ely would apply the bequest for similar charitable purposes; and such shall be evidenced b a declaration filed before the due date of such death tax returns. It is my further intention that h fuunds distributed pursuant to ITEM THIRD should be utilized, as far as possible, for ca it I',or endowment purposes, not for operating expenses of the organization; and my Ex r, prior to distribution, shall receive assurances as to such anticipated use by each organi ti h. FIFTH: Beneficiary Trust. As to the bequest set forth in ITEM THIRD of this Will, for the benefit of U IE JO WELLER (the "Beneficiary"), whereby the sum of Ninety-Two Thousand Dollars (9 X000.00) shall be held in trust for her benefit if she survives me, I make the following trust pr visions: A. Such funds shall be distributed to PNC BANl4 N.A~, ~s my trustee (my'Trustee"), INTRUST, which shall retain and administer such fu ~s. B. My Trustee shall pay to or for the benefit of the Ber~efi~i~ary all net income of the Trust at least quarterly. C. My Trustee also may make distributions of the prin ip I of the Trust in such amounts and at such times as my Trustee, in the sole and a Mute discretion of my Trustee, may deem advisable for the health, main a a'nce, support, and education of the Beneficiary, after taking into conside do other resources available to the Beneficiary. ! !, D. Upon the death of the Beneficiary, the funds remair~in~ in the Trust shall be distributed pursuant to ITEM THIRD set forth above, outnggh . SIXTH: Establishment or Termination of Small Trust. If the prin i ail of the trust created hereunder is or becomes too small in the discretion of my trustee to kle the establishment or the continuance of the trust advisable, then my executor or my t ~e may distribute the remaining principal and any accrued or undistributed income outrig t a the then- current income beneficiary of the trust or to the person who would be the current i c rme beneficiary of the trust if it were established, as the case may be. The receipt an r Lase of such income beneficiary or beneficiaries will terminate absolutely the rights of all rg a~izations which might othervvise have a future interest in the trust, whether vested or contin a f~, without notice to them and without the necessity of filing an account to the court. 4 '~ i SEVENTH: Administrative Provisions. The following provisions shall bye applicable to my estate and the trusts created hereunder. A. Spendthrift Protection. 1. Assignment Prohibited. While in the hand or trustee and until actually paid over or delivered to the thereto, all legacies, shares, or interests in my estate or an hereunder, whether income or principal, shall not be subje assignment, pledge, execution, attachment, or the claims 2. Exception for Certain Actions. The provis subparagraph A.1 above shall not preclude: (i) a personal release by a beneficiary of a right of withdrawal or power o granted hereunder, if any; (ii) a disclaimer by a beneficiary part, of any interest in income or principal hereunder; or (iii against such interest of any indebtedness of the beneficiar estate, or any trust created herein. dny executor s rhs entitled t st created t f neditors. ~ s~ of K rlcise or a ointment n whole or in a s~etofF t me, my B. Accrued or Undistributed Income. Upon the dea h f any income beneficiary, any accrued or undistributed income shall be p id to the person or persons for whom the principal is continued in trust or t w bm it is distributed under the terms hereof. ' ~ C. Beneficially Interested Fiduciary. Regardless of n P.ontrary provision contained herein or any discretion granted by law, no tru t or other fiduciary (hereafter "fiduciary" or "fiduciaries") acting hereunder sh II have or enjoy any power or authority in that capacity which may be deeme cyder the provisions of Sections 2041 or 2514 of the Internal Revenue Code o 11986, as amended (the "Code"), to be a general power of appointment held,. b the fiduciary (the "Power" or "Powers"). ~, In any such case, such Power or Powers shall be v~e ted exclusively in the other fiduciary or fiduciaries, if any, then a tpng hereunder and not also thus similarly disqualified. If all of the curr n duciari are similarly disqualified, then such Power or Powers shall be ves e exclusively in the next succeeding fiduciary or fiduciaries a einafter designated or provided for who are not also disqualified. In the b ante thereof, such Power or Powers shall be vested exclusively in any peicial Trustee appointed by the court for that specific limited purpc~s . D. Written Notices. Until written notice of any event p n which a right to receive income or principal may depend is received by my~ru tee, my trustee shall incur no liability to persons whose interests have beech a ected by such event for distributions made by my trustee in good faith. !, E. Incapacitated Persons. If, in the opinion pf I my fiduciaries, any beneficiary of my residuary estate, or of any trust $ st created hereunder, is physically or mentally incapable of handling his or h r ir~ancial affairs (which shall be referred to in this paragraph as "incapacity" , t ~n such beneficiary's share of my residuary estate or trust estate, as the s Imay be, shall be retained by my personal representative as trustee (or by tlrustee in continuing trust, as the case may be), in trust for such beneficiary u t~l such incapacity is terminated. Until the termination of incapacity, my tr st $ shall accumulate the net income or apply so much of the income and p in i'Ipal as my trustee, in the absolute discretion of such trustee, may deem advi a I for the health, comfort, care, maintenance, support and education of suc neficiary and his or her children, in any one or combination of the following w s: (i) by paying the same to the beneficiary; (ii) by paying the same to a rs ~ or organization caring for such beneficiary; (iii) by paying bills incurr d y such beneficiary; (iv) by paying the same to the beneficiary's guardian; or (w) by expending the same directly for the benefit of the beneficiary. Ex p under clause (v), my trustee shall be under no obligation to see to the p o er application of the funds so paid. Upon the termination of incapaci determined by my fiduciaries or by such beneficiary in the manne ~s tl forth below, my trustee shall distribute such share to the beneficiary fre e f!trust. If the beneficiary dies prior to the distribution of his or herl s afire, then my trustee shall distribute such beneficiary's share to the personal r ip e'sentative of such beneficiary. Any beneficiary may at any time refute my fiduci r eis' determination as to his or her incapacity by presenting to my fiduci~ri ~ a certificate executed by two licensed physicians, which cert~cate s at ~ that such beneficiary is physically and mentally capable of handling such bee i~iary's financial affairs. Upon presentation of such a certificate, my personal repre t~tive or trustee, as the case may be, shall immediately distribute to such b n ciary, outright and free of trust, all amounts held and accumulated by su h i~uciary under this paragraph. EIGHTH: Powers of Fiduciaries. In addition to the powers conferre y~ law, my executor with respect to my estate, and my trustee, with respect to any trust treat d hereunder, shall have the following powers, to be exercised in their absolute discretion, in th c pacify to which such powers may be applicable: A. General Powers. 1. To retain for distribution in kind, without duty o~ diversification, all property owned by me at my death or r i ed in trust (including but not limited to stock in the parent or any affilia e~i# any corporate fiduciary or its successors); ~, 6 2. To invest in all forms of property, without re called "authorized" or "legal" investments and without raga divers cation including, but not limited to: (i) common true maintained by any corporate fiduciary or its bank affiliates; underwritten by any corporate fiduciary or any of its s whether individually or as a member of a divided or undiv (iii) participation in registered investment companies (inclu market funds) for which any corporate fiduciary, any affiliat subsidiary of an affiliate provides services for compensatio custodian, transfer agent, investment advisor or otherwise; interest-bearing deposits in a bank or other financial i state or federal supervision, including any corporate fiduci~ department; Provided, however, I express my desire that, possible and practicable, my fiduciary should not engage it investment in mutual funds. 3. To exercise all rights of security holders; 4. To delegate discretionary powers; to emplo i counsel, custodians of trust property, brokers, agents, a u attorneys and to act without independent investigation upo recommendations; to so- rtes, it syndicate; ~I money- ~r any rhether as d (iv) elution under (banking ale extent and I~ 5. To deposit securities in a clearing corporation pr carry the same in the name of a nominee or rn book entry form; 6. To maintain, repair, alter, improve, partition,',,, s~bdivide, dedicate, and otherwise manage ordeal with real estate; 7. To sell, exchange, lease for any period of ti a or mortgage any real or personal property, and to grant options for the ~al ,'exchange, or lease of the same; 8. To borrow money from any source, includin naffiliate of any corporate fiduciary, and to pledge or encumber any pr of the estate or any trusts created herein as security therefor, wit o (liability on the part of the lender to see to the application of such fund ; 9. To compromise claims in favor of or againstth~ estate or trusts without court approval; 10. To exercise options to subscribe to or purchoso securities; 11. To join in, consent to, or oppose any voting ru t and any plan of lease, mortgage, merger, consolidation, reorganiza io , recapitalization, liquidation, foreclosure, or other readjustm n ~f the financial structure of any firm or corporation in which the a to a or trusts may have an interest; 'I 7 12. To purchase from my estate and that of my'~sp'puse any assets thereof and to make loans thereto to provide liquidi~+; I, 13. To retain items of tangible personal propert i definitely without necessity of conversion, permit use of the same by a y~ income beneficiary, and distribute or apply the same pursuant to e h r~the discretionary or mandatory principal distribution provisions of the trust in which the same are retained; j 14. To apply all or any part of the income of an t ~t created herein for the payment in whole or in part of the cost of m in e~ance, repair, or improvement of any real estate held therein and h taxes, insurance premiums, or other costs and charges due with a plea to the same; ', 15. To decline to accept, disclaim, release, ren u cle, or abandon any interest in property and any power without co approval; 16. To make distributions in cash or in kind at c~Urr rht values, in undivided interests or non-pro rata shares; ~, 17. Ta nominate themselves or another as Cus d'aln under a Uniform Gifts or Transfers to Minors' Act and make transfe f' a beneficiary's interest in all or part of the estate or trust to s custodian to be held for the benefit of such beneficiary; 18. To purchase and sell securities through any br ker or brokerage firm they may select, including any brokerage o r tion affiliated with or conducted by the parent or any affiliate of n ~;orporate fiduciary or its successors or any of their subsidiaries (and h payment of the usual commissions charged by such an affiliated broke ei operation shall in no way reduce or otherwise affect any corporate fi u i~ry's compensation as hereinafter provided far). ~, B. Elections. To make elections under the tax laws a d d select property, without regard to income tax basis, to be sold to satisfy o li tions of my estate or trust estate or to be allocated in kind to any beneficiary, i cl ing any trust, and to elect to receive the proceeds of any qual~ed employ 'nefit trust or individual retirement account payable to my trustee as a lump s m distribution, an annuity, or any other available form of payment, without reimb rseiment or equitable adjustment in the relative interests of the benefi is 'es affected thereby and without liability therefor. Such actions shall be binding nd conclusive on all persons. C. Collection of Proceeds of Life Insurance Policiels. p collect the proceeds of any Iffe insurance policies payable to my trustee h r under from s __ __ _ _ _ 1 ~ _ _-- the issuing companies, who shall have no responsibility to see to thel application thereof; to bring actions to enforce payment of any policy if the funs held hereunder by my trustee are sufficient to indemnify my trustee again ,all costs, attorney fees, and other expenses of suit to the satisfaction of myll, t stee. D. Allocation of Capital Gains. Funds distributed in iScretionary application of principal or in response to an exercise of a right of ith ~awal hereunder, if any, shall neither be deemed to nor actually include itlal gains realized during the current tax year, except to the extent that, in th xercise of their absolute discretion, my executor or trustee may deem it advi a I~ to elect to allocate all or a part of such gains thereto, NINTH: Each Recipient to Bear Proportionate Share of Tax. E ce t as otherwise provided in this Article, I direct that all estate, inheritance, and other to es iin the nature thereof ("death taxes"), together with any interest and penalties thereon, which c nhe payable because of my death, whether as a result of transfers made under this Wi I r' otherwise, shall be paid by the person or persons who receive a beneficial interest in the as t that generate such death taxes, and that such liability shall be apportioned amon $uch persons in proportion to their respective interests in the assets that generate suc d nth taxes, without any equitable adjustment for income taxes that may be at any time d e ~ owing on such assets, and my personal representative shall seek reimbursement for such ~e th taxes to the fullest extent permitted by applicable law. I TENTH: Executor. I appoint PNC BAND N.A., to serve as executor f this Will (my "Executor") and also as trustee (my'Trustee") of any trust created under this ill. ELEVENTH: Resignation and Successor Trustee. A. Resignation of Corporate Tnustee. Any corporat t tee, whether or not appointed herein, may resign as trustee of any trus c elated under this Will by petitioning a court of competent jurisdiction for the app in vent of a successor trustee, such resignation to be effective upon the appoi t $nt of a successor trustee by the court and the transfer of the assets to such successor trustee. B. Power to Appoint Successor. If at any time there is o person or corporate fiduciary named or appointed who or which is able, Willi g, alnd qualified to serve as a successor to the last remaining individual trustee the Irving hereunder, whether or not named herein, the individual trustee m y ppoint in writing his or her successor. Any such appointment may be revok d dr changed prior to its becoming effective. TWELFTH: Fiduciary Compensation and Bond. A. Compensation Permitted. Any corporate executort o tirustee serving hereunder shall be entitled to compensation for its servicels oreunder in accordance with its schedule of charges in effect from time to time d~ri the period in which its services are performed. ~ 9 '~ _l_ B. Bond not Required. Under no dreumstanoes shall trustee appointed hereunder be required to post bond in any juri; THIRTEENTH: Miscellaneous. A. Headings. The bold headings used throughout this V' convenience only. I do not intend such headings to be used in the construdaon and i this Will. B. Number and Gender. Except where the context otherwise, all references to the singular shall include the plural and viva-versa limited to the term "trustee") and masculine pronouns shall include the feminine and WITNESS my hand this ~---=day of August, 2009. executor or ion. ne for >~retation of ~riy indicates ~idin~ but not JAMES R. KU LE i Signed, sealed, published, and declared by the above named testator, JAME . KUNKLE, as the testator's last Will in the presence of us who at the testator's request, in the t of s presence and in the presence of each other have hereunto subscribed our names as witnesse . ,, ~ ./1/ Vv. ~i2vnrs- wT, Name Name ~H ~i l Address ~/}n Address to r AFFIDAVIT OF WITNESSES r COMMONWEALTH OF PENNSYLVANIA ) ',, SS: ', COUNTY OF DAUPHIN ) We JAMS R. KUNKLE, JJG~(1C1i5 ~. ~haa~~ and ~ ~~, ' ,testator and witnesses, respectively, whose nam s afire signed to the atta ed or foregoing instrument, being first duly sworn, do hereby declar t tihe undersigned authority that the testator signed and executed the instrument ash stator's last Will and that the testator signed willingly, and that the testator executed it s e testator's free and voluntary act for the purposes therein expressed, and that each of the it sses, in the presence and hearing of the testator, signed the Will as witnesses and that tot a blest of his or her knowledge the testator was at that time eighteen years of age or older, of o ~hd mind, and under no constraint or undue influence. TESTATOR: JA E R. KUNKLE WITNESSES: Subscribed, sworn and acknowledged before me by JAMES R. KUNKLE, the testato and subscribed and rn to before me by n~ '~ and ,witnesses, this ~ day of August, 2009. o Public MY COMMISSION EXPIRES: COAMdONINEALTM OF PENNSYLVANIA ' ', NobyW Seel 108566.1 ~ ~~ ~Y NA- OonnlNMon E~~ires Me>ch 24, 2011 Member. Pennsylvsnia Assodetlon of Noterks 11 ', __ _ __ _ _ _