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Home My WebLink About08-25-11 (3)PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Kenneth Bankert also known as ,Deceased Social Security Number 174-20-9821 Kathleen C. Huffer Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or `B' BELOW:) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtrlX named in the last Will of the Decedent dated 03/25/2011 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) After the execution of the documents offered for probate: Decedent did not mar • was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. §73323 (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: B. Grant of Letters of Administration appica e, en er c.t.a.; ..n.c..a.; pe en e i e; uran e a sen ia; uran a mmo ate 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 on Section A above and complete list of heirs); was not the victim of a kllling; was never adjudicated an Incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been establlshed as provided In 23 Pa. C.S.A. § 3323 (g), except as follows: Name Relationshi Residence .f"i ~ _ 1 ~~ ,:°i ~ i __ ~J _- -.: .~ f.~., ..-..~ ... (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. _ _.. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resider atf • • _- r * ' 4905 E. Trindle Road, Apt. 1050, Mechanicsburg, PA 17050 ~ T1 (List street address, town/city, township, county, state, ~p code) Decedent, then $4 years of age, died on 08/15/2011 at Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: All personal property Personal property in Pennsylvania Personal property in County ~1~. T= k~-~ a~c Wherefore, Petitioner(s) respectfully request(s) the probate of the last the undersigned: 3,400,000.00 presented with this Pet'Itidn and the grant of Letters in the appropriate form to 314 Shuey Road New Cumberland, PA 17070 COUNTY, PENNSYLVANIA File Number 21 - ,I ~ - ~ ~ (; '~ Form f~{ilr-02 Rev. 12-2E20f 0 (interim torn, pending action by the Coun) Copyright (c) 2010 form software only The Lackner Group, Inc. Page 1 of 2 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 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 affirmed~~a~~nd~~s~~u~~bscribed before me this ~y~-day of t For the Register Signature o/Personal Representative Signature of Personal Representative File Number: 21 -- L ~ .- Q ~ Q,J Estate of Kenneth Bankert ,Deceased Social Security Number: 174-20-9821 Date of Death: 08/15/2011 AND NOW, ~~ ~- LP ++ ~ (j ~~ { , in consi deration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Kathleen C. Huffer in the above estate and that the instrument(s) dated 03/25/2011 described in the Petition be admitted to probate and filed of record as the last Will (and Codici l(s)) of Decedent. ~.7 O - - ;~ ~) _ =1) , _.. _ ~ ~\ .~ s.: _. FEES Letters ............................................ $ ~ ~ .7 ~ (`1. ~ G d~ '~. s~J' -~~ I ~C.~C.I ~ ;a ..- ~~j ~ ~l r Short Certificate(s) ........................ $ ~ ~ >1 V V Registe iNS ~,~ -~{ ~ _ ~x `;r~ ~ t~t..C.// Renunciation(s) ............................. $ Attorney Signature: c. 't'~ ~i L (~ $ i ,_Tj - (~C~ Attorney Name: Samuel L Andes C~ $ ~~ ~ ~) _ A-u ~~-~ nta fi i:~ $ ~ - G~a Supreme Court LD. No.: 17225 $ Address: 525 North 12th Street $ $ Lemoyne, PA 17043 $ Telephone: 717!761-5361 $ $ TOTAL .................................... $ ~~ Form RW-O2 Rev. 10-13-2006 Copyr ight (c) 2806 form sokware only The Lackner Group, Inc. Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION OF DEA~'H WARNING: It is illegal to duplicate this copy by photostat or photograpl~l. :~ee hn~ this certificate. 56.111) P 1?7~R5~.t~ --- - - _ - Certificati/m Numher t,~~~,~~H OF ~'Fyy`. ~ ~ ~~ !G o, '~ ~ a * ,. OFD ~ ~~/ ~99;rMEl~T ~~.,mP . 1 1is i~ to t~.•~til', (!:;I; :h~' ininrmatif~ni hers <~i~~n i> .:I>ntctl~ L~r~yirL' il~ty Ir ;II . rr~=ll~~rl Certiiicall-rii 1~eaih ~llllc file)) ~+i(h ~ I ~~ I.t r,.tl 4~c~isU~ar. the /nirtinal rLltil~i<'at1 kliil _ art/~~~ In.1eL1 Ili the Sate Vital ll~ct~r;l~ /)1fi::e ~ ,, ~ rnanenl ?ilin`~. AU 1 6 011 L.~,c,rl R~i~lslrar E),Ite C>>u:cl !~ Rte' 1tn~fi COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS /PRINT IN ucK"116uIMC CERTIFICATE OF DEATH (See Instructions end examples on reverse) ____ _ _ C7 .:-Y ~~ --- ~. ~ -Z~ ... - _ r i-!1 _, "x~ ~~ - __ t _ ._ - J(~ __ _- . ~T't ~• ..I •.. L~`~ ~.) '"T' ~. 1. Nerve d Decedent (First, middle, lest, suffix) 2. Sex 3, Sodal Searlly Number 4. Date of Deam (Momh, day, year) Kenneth E. Bankert Male 174 - 20~-9821 Au ust 15 2011 5. Ags (Last BktlMey) Untler 1 er Under 1 de fi. Date d Birth Monet, de , r 7. Bill lace end derv «fo ' n can Ba. Place of Deem Check on one g4 "'"~° °'" "°'"° M'"'"°° May 8, 1927 New Cumberland,P "°°pi'°' Omer: Yrs. ^ Inpefrenl ^ ER !Outpatient ^ DOA Nursing Home ^ Resitlance ^ Omer - SpedAy. Bb. Caunry d Deem Bc. Ciry, Boro, Twp. of Deem Bd. Fecil' Name If not IrwmuBon, cry ( SAvs sheet entl number) 9. Wae DeaMent d Hbpenk: Orlghl ®No ^ yes 10. Race. American Inden, Bbck. White etc Cumberland Hampden Twp. , . Country Meadows of Yes,speDMCuoan. Ispand,7 Mezican, Pueno Rican, etc.) Whit e 11. Decadence Usual lion Knd of work dome du most d wodd IMe. Do not state retired 12. Was Decedent ever m me 13. DeaMenys Education (Speciry onry highest Breda cpmpbted) 14. Markel Status: Monied, Never Martiad, t 5. Surviving Spouse (II wife, gNe maitlen name) I(ind of r d i 11 dustry Masonry '~°nstruct r 1~.`~ ~`~°a£e U.S. Amled Fprces7 Flamer ~ ~econde o-12) Coll Wxlowed, DNOraM (SPedy ~ry "( ~°(t4or5+j ever Married L ® vas ^ No - 78. Decadence McNing Adders (8traet, cdY l town, state, zip code) Decedents P A Did Decedent H ampd e n A t l R id 31 4 Shuey Road c ua es ence 17a. State sh 17c ®Yes, Deceeenf Lrved in _Twp. New Cumberland PA 17070 ip? 17b.Counry Cumberland ,7d.^NO,DecaaemLHeewimin ~ Actual Umhs of Ctty / goro 18. FatlreYa Name (First, midde, 1851, sulfiz) 19. Mothets Nerve (Fill, middle, maiden sumeme) Ralph Bankert Sylvia Erney 20e. IMOrmancs Name (Type / Pdnq 286. Imortrents Melling Address (Shee4 dry /town, stele, dp code) Kathleen C. Huffer 314 Shuey Road, New Cumberland, PA 17070 21 e. Memod of Disposttion r ^ Crematlon ^ Donator l ^ R ® B d . 216. Date of Disposltlon (Monet, day, year) 21c. Place of Dlsposkbn (Name of cemetery, crematory a Deter place) 2f d. Location (Coy I town, sate, zip code) 1 '~ (1 '~ O u e ema+alfromState w..cremntion«tbn.,lonAWltorlxed ^ Omer- 'by Msdbel EraminerlCoransYt ^Vea^No Aug. 18, 2011 Mt. Olivet Cemetery New Cumberland,P ~ 228. lure d Funs Lx:emee pe ecang as such) 22b. Licerree Numher 22c. Name end Address of Fedltty - - ~ FO 012342-L Stone & MurrayF-H.,408 3rd.St-,New Cumberland, PA 17070 fe Beets 23ec only when certXylrg Ides b not eraea6b at nets d deem ro 23e. Tome m m oxurted a1 Bra tlme ero entl a ateled. (Sgnalure end ' ) 23b. License Number 23c. Date Signetl (Monet, axtMy cause d aeam. ~ ,S,S 7?' ~~ / (//f/vj Ibnu 24-26 must be ccepbtetl m/ parson - who pronourzxa death 24. Tkne d Daem , p,, ~ /TY .Date Prpnanced D ,day, year) -1 ~s ~ 26. Wae Case Raferted to Examiner /Coroner for a Rea Omer man Cremation or Donation? ' M. ` // // ' ^ Yes ~ No CAUSE OF OEAIH (Sea InetrtxUons end examples) r Appm xgnero rval: Item 27. Pert L Eller me chain d events - diseesea, injuries, or compkcetlons -met directly ceased the deem. W NOT enmr terminal evenu such es oardlac artesL Onset to Deam Pen I I'. Enter Omar gpnilFam_ cnndilims cantrBgrsrr, to deem Mn not resumng in me urtledyig cause gWen in Pan I. 28. Did Tobacco Use Comri6ute to Deam7 ^Ves ^ P b b reeplrelory ertast « venmadar xbrNbtlon wtlhoul showing me etlorogy. Ud arty one cause pn each hrs. ~ ro a ty ^ N U IMMEDUTE CAUSE (Flnal disease or n ~ o nknown .x cantlNOn resuPong in deem) , ~ A'"N I ' ~ r ~ I _ Fad / ~ v~ F 29. If Female -~ a YV 1~ / ^ Due roAor as a comeque nq: ' j~ ^ Npt pregnant wAnm peal year .s ~,/ I I, ~ Sequena°Iry IM corrd8ats. N arty, /'T~P/~ ~. 1 ~ ~ ' V !T I, f ~ !i VI ~2 1' badr~g to the cause tisbd on line a. h. , ~ L ~ ^ Pregnant at time of deem ^ Enter me UNDEBLYINO CAUSE Due to for as a consequence op: ~ Not p ant, but Dra gn grant within 42 days re Idseese or m(ury met inlBated me c of dea lh evens resulting m deem) LAST. ~ ^ Due to (or ae a wnsequence or,'. I Nol pregnenl, bW pregnant 43 tlays tc 1 year d. ; oemre Beam ^ unknown n pregnant wtthln the pest year 30e. Wes en Auropsy Pedortned7 386. Ware Autopsy Flndngs Available Poor to Complenm 31. Manmr d Death 32a. Date d Injury (Monet, day, year) 32b. Describe How Injury Occurtetl 32c. Place of Injury: Home, Farm, Street, Fadcry, of Cause m Deem? Natural ^ Homidde O81ce BuiMin ro 9.e .(SpecyyJ ^Ves /GHo ^ vas ^ Ne ^ Aceident ^ Pending Invesngatlon 32d. Time of Injury 32e. IrMUry a1 Work? 32f If Trensporlatbn Injury (Spacvy) 32g. Location of injury (Street, cry I town, state) ^ Suicide ^ Could Not he Determined ^Ves ^ No ^ Drhrerl Operate ^ Passenger ^ Pedesinan M ^ Other ~ Sprcyly: 33e. CertlBer Ichedc arty one) 33h. Sgnamre and e r • GrtNying physkbn (Physraan cernlyirig cause of tleam when anomer physician nos pronourked deem ell axnpbtetl hem 23) M„ ~ To tlro bestW my knoMedge,dath occurred due to the uuae(s)arM mercer ss eGted____________________________ ____ /rI • Pronouneing and artdyfng phyeklen (PhYSidan eom pronoundng ceam all cediying to cause of deem) 33c. her 33d. Date Si red (Monet, ey, Veer) To Ure beet d my ImotMedge, death occurred d the time, date, and Place, end due m the oase(s) and mmner es shtetl_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ (S-/_ .+~ 8' ' L ~ ~f I • Medkel Examiner/Coroner ~ 3 IQ J v !iV On the Mde of ezamkr8on ell 1 or InvgBlleBon, In my opinion, death oeeurted et the time, dale, and pleas, ell due to the eeuse(e) entl manner d ebted_ ^ 34, ss person Who ~ l d Caused Deam (Item 27; Type r not y *v e'le ~~ 85. Registrar's S tore all D¢hi / ~ ~ 36. Date Fl (Monet, day, year) ( ~ ' '( ~ - O " - O~~ ~ /~ u(o~y7'~~ ~ , Disposition Pertntt No. C`~ i-~ _. _~ -,i - - - -(~<'? - - {._ - WILL l_, , _. , OF ~~~ -~ KENNETH BANKERT =~'= - -_ ,~; ;~-, - _,-, , I, KENNETH BANKERT, of Mechanicsburg, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM I. I direct that all my just debts and funeral expenses, including my gravemarker and all expenses of my last illness, and any and all taxes and assessments imposed by any governmental body as a result of my death, whether on property passing under this will or otherwise, shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM II. I give, devise, and bequeath the sum of Five Hundred Thousand ($500,000) Dollars to ~. I' ~i i i ~~ ;' my hereinafter named trustee, IN TRUST, to hold, manage, invest, and re-invest, the funds and shares so received, and the accumulation of income thereon, and to use and apply, from time to time, such portion of income and principal thereof as my trustee deems proper, in its sole discretion, for the comfortable support, maintenance, health and welfare of my sister, ROMAYNE RAGUSA, such expenditures to specifically include the cost of her continued living at Country Meadows of Mechanicsburg and any and ill expenses reasonably related to her living there and to maintain her at a level of comfort and security. or ~ make payment for such purposes, without further responsibility, directly to my said sister or to Country /Ieadows of Mechanicsburg or any other person or entity taking care of her, for the balance of her life. lpon the death of my said sister, the said trust shall terminate absolutely and all accumulated and undistributed income and principal shall be distributed to the charitable foundation named in the residuary lause of this my last will. ITEM III. I give, devise, and bequeath the sum of Five Thousand ($5,000) Dollars to each of the ollowing persons, provided they survive my death by sixty (601 days and, if they do not so survive my eath, then 1 direct that the gift to them shall lapse and the funds intended for them shall pass under the esiduary clause of this my last will: A. My friend, EDWARD F,RNEY; B. My friend, JOAN ERNEY, daughter of Edward Erney; C RUSSELL MYERS WHISLER, JR.; Page 1 of 9 D. My friend, JUDY YANONCAK; E. My friend, JOHN YANONCAK, Judy's brother; F. My former neighbor, AMBER LEIBIC; G. My friend, HILDA STEIN; H. MITCHEL K. WOLFS; I. JAMES SAMOIS. '. R~ ~I ~I -~. ~~ I! '; ITEM IV. I give, devise, and bequeath the sum of Ten Thousand ($10,000) Dollars to each of the following persons, provided they survive my death by sixty (60) days and, if they do not so survive my death, then I direct that the gift to them shall lapse and the funds intended for them shall pass under the residuary clause of this my last will: A. CAROLYN ANN KESSLER; B. JAMES J. HUFFER. ITEM V. I give, devise, and bequeath the sum of Two Thousand (52,000) Dollars to each of the following persons, provided they survive my death by sixty (60) days and, if they do not so survive my death, then I direct that the gift to them shall lapse and the funds intended for them shall pass under the residuary clause of this my last will: A. SERENE NOBLE; B. ROBERT NOBLE. ITEM VI. I give, devise, and bequeath all the rest, residue, and remainder of my possessions and Mate of every nature and wherever situate, including any property described in but not effectively isposed of by preceding sections of this will, to my trustees, to he held in a charitable trust to be known z the Kenneth Bankert Family Foundation (hereinafter "trust"). The trust shall be administered as >Ilows: A. The trust shall be organized and at all times operated for educational and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. In furtherance of these purposes, my trustees shall distribute the net income of the trust to such organization or organizations to which transfers are deductible for federal income, gift, and estate tax purposes and which are exempt from federal income tax as organizations described in Section 501(cj(3) of the Internal Revenue (:ode as my trustees, Page ~ of 9 in the sole discretion of my trustees, may select after considering my charitable goals and objectives, in such shares or proportions, whether equal or unequal, as my trustees, in the sole discretion of Iny trustees, may determine. B. At such time, if ever, as the trust shall cease to exist as an exempt organization under Section 501(c)(3) of the Internal Revenue Code, my trustees shall distribute all property then belonging to the income and principal of the trust to such organization or organizations to which transfers are deductible for federal income, gift, and estate tax purposes and which are exempt from federal income tax as organizations described in Section 501(c)(3) of the Internal Revenue Code as my trustees, in the sole discretion of my trustees, may select, in such shares or proportions, whether equal or unequal, as my trustees, in the sole discretion of my trustees, may determine. C. The trust shall be organized and operated exclusively for religious, charitable, or educational purposes within the meaning of Section SOi(c)(3) of the Internal Revenue Code. No part of the net earnings of the trust shall inure to the benefit of any private individual, and the trust shall not carry on propaganda or otherwise attempt to influence legislation and shall not publish or distribute statements or otherwise participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office. D. Notwithstanding any provisions to the contrary contained in this will, my trustees (i) shall make distributions from the income of the trust, and, if the income of the trust is insufficient, from the principal of the trust, at such times and in such manner so as not to subject the trust to tax under Section 4942 of the Internal Revenue Code; (ii) shall not engage in any act of self-dealing as defined in Section 4941 (d) of the Internal Revenue Code; (iiij shall not retain any excess business holdings so as to subject the trust to tax under Section 4943(c) of the Internal Revenue Code; (iv) shall not make any investments so as to subject the trust to tax under Section 4944 of the [nternal Revenue Code; and (v) shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code. Page 3 of_ 9 E. It is my desire that the organizations and causes to which distributions are made -„ N pursuant to this Item shall be organizations and causes which provide beneficial or charitable services similar to the following: student athletes at West Shore, Camp Hill, and East Pennsboro School Districts; children with cancer; military veterans; the United Methodist Church; the Neighborhood Center of the United Methodist Church, New Cumberland Youth Athletic organizations; the Central Pennsylvania Food Bank; local fire departments or volunteer fire companies serving the greater West Shore area; Parents Work, Inc. (for the prevention of child abuse); Vicki's Angel Walk, Inc.; Big Brothers and Big Sisters; the Boys Club of Central Pennsylvania. and the Girls Club of Central Pennsylvania; the Hospice of Central Pennsylvania; Teen Line; and Holy Spirit Hospital and Pinnacle Health Hospital. I submit this list not as specific beneficiaries of the foundation funds, or in any effort to limit the distribution of the foundation funds, but only to provide illustrations of the kind or type of charitable and beneficial causes I would like to see the foundation support. However, it is my primary intention that this trust shall qualify as an organization to which transfers shall be deductible for federal income, gift, and estate tax purposes and which shall be exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code. Accordingly, if distributions to any of the above organizations would disqualify such exemption or would cause the trust to be liable for federal income tax for any reason, I direct that such distributions not be made to such organization. The provisions of this will relating to the trust shall be construed in such a manner as to accomplish this purpose. My trustees shall have the power to amend the provisions of this will governing the trust for the sole purpose of complying with Section 501(c}(3) or other applicable provisions of the Internal Revenue Code. F. All references to the Internal Revenue Code shall be deemed to refer to sections of the Internal Revenue Code of 1986, as amended, or to corresponding provisions of any later federal tax law. ITEM VII. I appoint KATHLEEN C. HUFFER, of 314 Shuey Road, New Cumberland, Pennsylvania, trustee of the trust or trusts created by Item II of this my last will for the benefit of my Page 4 of 9 sister, ROMAYNE RAGUSA. I appoint BRUCE J. BROWN, my accountant, of 210 Grandview Avenue, Camp Hill, Pennsylvania, and KATHLEEN C. HUFFER, of 314 Shuey Road, New Cumberland, ii I! Pennsylvania, co-trustees of the trust created by Item VI of this my last will, which creates a charitable ~, foundation. ii ITEM VIII. I appoint my friend, KATHLEEN C. HUFFER, of 314 Shuey Road, New I j ~ Cumberland, Pennsylvania, executrix of this my last will. ~i ~ ~ ITEM IX. In addition to the other powers and authorities granted to my trustee, executor, or other ~', personal representative by Pennsylvania Law and by the preceding paragraphs of this my last will, I .! hereby give my personal representatives, expressly including any trustee, the following special powers and ~ authorities: ~, i ~ A. To retain any or all of the assets of my estate, real or personal (including any ~ ~ stock or securities of any corporate fiduciaries), without any regard to any principle of ~ diversification, risk, ar productivity; i. ~ B. To invest and re-invest in all forms of property without restriction to f ', ' investments authorized for Pennsylvania Fiduciaries, as my trustee deems proper, without i regard to any principle of diversification, risk or productivity; C. To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property and to give options for sales, exchanges, or leases, for such i i prices and upon such terms or conditions as my trustee deems proper ;end in the best ~ interests of the beneficiary or beneficiaries of said trusts; D. To allocate receipts and expenses to principal or income or partly to each as my i trustee from time to time deems proper in its sole discretion; ~ E. 'To compromise any claim or controversy; F. "To exercise any option, right, or privilege granted in insurance policies or in other investments; ~ G. The co-trustees of the trust created by Item VI of this my last will, to create the " charitable foundation, shall have the authority to appoint a third co-trustee to serve along with them to implement the provisions of that item of my will and to administer the trust and the charitable foundation in accordance with the provisions of this will. Page 5 of 9 H. Each individual fiduciary shall have the power at any time to appoint a 1! successor individual fiduciary, except to the extent a successor individual fiduciary has already been appointed under this will. A majority of the individual fiduciaries shall have the power to appoint a financial institution with fiduciary powers to act as an additional or successor trustee. Any appointment shall be accomplished by a signed instrument which shall contain an acknowledgment of the corporate fiduciary's willingness to act. I. When there is an individual fiduciary, a corporate fiduciary may resign by ;~ j giving notice of its resignation to the individual fiduciary. Notice of resignation of the ~' corporate fiduciary shall be in writing and set a reasonable effective date. When there is another fiduciary or a successor fiduciary, any individual fiduciary may resign at any time s by giving reasonable notice in writing to the other then acting fiduciary or, if there is none, v ~ i ~ to the successor fiduciary. J. Upon receipt of the notice of resignation of a corporate fiduciary, the individual ~ i, ~i fiduciaries may appoint another financial institution with fiduciary powers to act as ~ successor corporate fiduciary. Any appointment shall be accomplished by a signed instrument which shall contain an acknowledgment of the corporate fiduciary's willingness ~, to act. K. The individual fiduciaries shall have the power at any time to remove any financial institution then acting as a corporate fiduciary. Any removal shall be accomplished by a signed instrument which shall set a reasonable effective date for the removal. L. Any corporate fiduciary shall be entitled to receive compensation for its ~f services in any fiduciary capacity under this will in accordance with its published schedule of rates from time to time in effect when the services are performed or at such lower rates or amounts as maybe specified in a written fee agreement signed by the corporate a fiduciary, but the corporate fiduciary shall not receive more than would be approved by a court of competent jurisdiction. M. If the attending physician of a fiduciary certifies to the other then acting fiduciary or, if none, to a successor fiduciary, that the physician's patient lacks sufficient i Page 6 of 9 T capacity to make or communicate responsible decisions, the patient shall cease to be a fiduciary. ITEM X. All of the interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation nor shall they be subject to any execution or attachment. ITEM XI. I understand and direct that my life insurance policies, armuities, individual retirement accounts, bank accounts held in trust for another person, or any other assets on which I may designate a beneficiary will pass to the beneficiaries that I have named and will not be controlled by the provisions of this my last will. I also understand and direct that any assets that I own jointly with another person, with rights of survivorship, or with a presumed right of survivorship (whether the joint ownership was created before or after this will), will pass to the surviving joint owner and distribution of such assets will not be controlled by the provisions of this will. ITEM XII. I direct that my personal representatives and fiduciaries shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2011. ~_ NETH BANKERT Page 7 of 9 The preceding instrument, consisting of this and seven other typewritten pages, each identified by the signature of the testator was on the date thereof signed, published, and declared by KENNETH BANKERT, the testator therein named, as and for his last will, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. Samuel L. Andes Amy Har s Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) The undersigned, being the testator whose name is signed to the attached or foregoing instrument, having bean duly qualified according to law, does hereby acknowledge that I signed and executed the foregoing instrument as my last will, that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by the testator named above this ~~~ day of Ma~~~ , X011. COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) NOTARIAL WE, SAMUEL L. ANDES and AMY HARKINS, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his last will; that he signed it willingly and that he executed it 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 18 or more years of age, of sound mind, and under no constraint or undue influence. Sworn or affirmed to and acknowledged before me this ZS~`` d.ay of M~-•~. , 2011. Notary Publi:; i NNETH BANKERT Samue L. Andes Amy Harki Page 9 of 9