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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name: Richard C. LuckenbauPh File No: ~~ ~ ~ ~ ~ ' ~ ~ J `1
~~a' (Assigned by Register)
a/k/a:
a/k/a:
Date of Death: November 28, 2011
Social Security No: 200-22-6117
Age at death: 81
Decedent was domiciled at death in Cumberland County, pennsylvania (State) with his/her last
principal residence at 2009 Highland Circle Cama Hill, PA 17011 Cumberland County
Street address, Post Office and Ztp Code City, Township or Borough Count
Y
Decedent died at Holv Spirit Hospital Camp Hill PA 17011 Cumberland Countv
Street address, Post Office and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ............................All personal property
If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania
If not domiciled in Pennsylvania ........................ Personal property in County
Value of real estate in Pennsylvania ....................................................... .
TOTAL ESTIMATED VALUE.. .
Real estate in Pennsylvania situated at:
(Attach additional sheets, ifnecessary.J
$ 5,000.00
$ 5.000 00
~ireec aaaress, cost Vtttce and 'Gip Code City, Township or Borough Count
Y
® A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated September 30, 2005 and Codicil(s)
thereto dated
State relevant circumstances (e.g. renunciation, death of executor, etc.)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child bom or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS 0 EXCEPTIONS
® B. Petition for Grant of Letters of Administration (If applicable)
c. t. a., d.b.n., d.b.n.c.t.a., pendente life, durante absentia, durante minoritate
If Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS 0 EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach
additional sheets, if necessary):
Name Relationshi Addre .__.. __i7
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Form Rw-oz rev. roirrizorr 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) 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, the Petitioner(s) wi 1 well d truly administer e estate according to law.
Sworn to or affirmed and subscribed before ~ Date /~ -/lo -~?C~ //
me t r~~ day of ~ti~ 1~
Date
_ Date
For the Register Date
1_t
~~ '- T7 -
BOND Required: A YES
Q NO Ev'~ _. '~
To the Register of Wills: ~ , i 7 4_
FEES: Please enter m a earance b m si na ='r ~ t ~, _
Y PP Y Y g turn l~e'low:
Letters ..................
(_ )Short Certificate(s).. •~~
.... $ ~1. ~~
.... ~~ ~ Attorney Signature: ~`^; ~'1
:.-
( )Renunciation(s).....
-
.... - _. _
~~ .... _ ; . r
---t - .
( )Codicil(s) ......... .... r- -r
( )Affidavit(s)........ ... .
Bond .................... .... Printed Name: Duane P. Stone
Commission .............. .... Supreme Court
Other ~rt„1 ~ ~ .... .... ~5.~ ID Number: 85715
• • • • • • • • Firm Name: Stone, Duncan & Linsenbach, PC
• • • •
• • ~ • • • •
' ' ' ' Address: 8 N. Baltimore StrPPt P 0 Box 696
Dilhh~g PA 17019
•••• •••• Phone: 717-432-2089
Automation Fee ........... .... Fax: 717-432-0158
JCS Fee . ................
TOTAL ....
~ ~ Email:
duanPC~stnnPdunran rnm
................. .... $ ~~•
DECREE OF THE REGISTER
Estate of Richard C. Luckenbau~h File No: ,~ ~ ` ~' - ~~ ~I
a/k/a:
AND NOW, (~ ~1 ~ ~C'~~Yll~i ~ ~,~;~~ , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters T_ estamentary
are hereby granted to Philip C. Luckenbau~h
in the above estate and (if applicable) that
the instrument(s) dated September 30, 2005
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Register of Wills ~ •
Form RW-02 rev. 10/11/2011
Page 2 of 2
h ltll. ell.` Ntl 1111 !I!'
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 1792~11~
Certification ,dumber
This is to certiiti~ that the information here given
correctly copied frnn) an original Certificate of Deal
duly filed with )ne as Local Registrar. The origin;
certificate will be forwarded to the State ViL
Records Oli'ice '~>r permanent filing.
_ ~ _~~E~ 2 2 11
Local Red*isn~i)r Date Issueu
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1a3 REV 11I2pp8 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
PE I PRINT IN
&ACI( INK
ERMANENT CERTIFICATE OF DEATH
(See instructions and examples on reverse)
1. Name of Decedent (First, middle, lest, sufax) STATE FILE NUMBER
Richard C . Luckenbau h. 2' s°" 3. so,del sxumy Number a. Date of Deam (Monet, day, year)
g Male 200 - 2 - 6117 November 28, 2011
5. Ags (Last Bil11~Y) Under 1 r UMar 1 de 8. Dam of BIM r 7. BIM and elate a forei cou 8e. Place of Deem Check one
81 ~~ Hasa MME Hos ital: other:
Vrs. November 30, 192 Harrisburg, PA ,/p
Bb. Co q Deem LJ Inpatient ^ ER / oulpatlam ^ poa ^ Nursing Home ^ Raaieanoa ^ Dinar - spaciy:
untY 8c. City, Baro, Twp. of Deem etl. Facility Nacre (n not Insmutlon, yve street end number) S. Wes Decedent of H'
apenic Origin? ®No ^ yes 1g. Race: American Indian, Bled, Whtte. etc.
Cumberland E. Pennsboro Twp. Holy Spirit Hospital (Irraa.wxnyc°n°" (spa~;M
Mezican, Preno Rican, em.) White
11. DecetletYs Usuel lion Kmtl of wak done Won most q workin Ina. Do not state re8 12. Wes Dxedem ever At tlta 13. Decedent's EtluCetlon (Speclty ony highest grade congleted) 14. Marital Status Marred, Never Married 15. Surviving Spouse (H wre, give maiden name)
IOM q Wark Itintl of Businessllydustry U.S. Amrod Forces? Elementary I Secondary (P12) College (1d or 5+) Wido'"'ed, DN«c°d /Spea/y1
Store Manager State Government ®yea ^NO 12 Married
• 16.DxedenraMailingAdtlress(Street,cny/town, state, zip code) Decedents Jacqueline C. Harvey
2009 Highland Circle Aqual Residence na. smta _ Pennsylvania Dla fnm
Towrehi? 17t'QV°s,Dxed°nt Lived m Lower Allen T
Camp Hill, PA 17011 ,7b. Counry Cumberland P 17d.^NO, Decedenuived whnin ~
18. Famets Name (Rrst middle, lest, sulfiz) Aqua) Umns q Ciry /Born
Emanuel Luckenbaugh 19. Momefs Name (Flrst, midde, maiden sumerre)
Sarah Catherine Hoffman
20a. IrtlamanYs Name (type / Pnml 28h. InfamenYs Meili Address
Jacqueline C. Luckenbau h ~ (~'~'/~"'~°m'~P`°d°)
g 2009 Highland Circle, Camp Hill, PA 17011
21 a. Method of Disposition t ^ Cremetlon ^ Donation 21b. Dam of Disposi8on (Mmm, day, rear) 21c. Flxa of D'
t isposiNon (Name of cemetery, cremamry or other pixel 21 d. Locatlon (Ciry /town, state, np cede)
E{1 Banal ^ Removal nomstete twocrometlonorDOredonAUtlgrlaetl December 2, 2011 Rolling Green Cemeter
^ odror- ' byMedlcYExaminerlCOr«n/1 ^ ves^ No y Lower Allen 1t,Yp. , PA 17011
~ 22e. Signature q ~ Lice (« person acthg as each) 22b. Nanber 22c. Name and Address M Fectliry
~ 6/Z~'cjQ- L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070
Complain Hems n certlhylrg 23a. To me hest a my krewiedge, deem ocw tone, dab antl piece SigreMre end title) 23h. Lkxnse Number
physklan a trot avel t tkne q deem to 23c. Data Signx (Monet, day, year)
cMify cause of tleeth. a ~ I
w Hama 2426 must be can mo 24. Tina of Deem C- ~ S! ~'' X70
pie by parson 25. Dem Pr«rounced peed (MaM, day, year) 2fi. Was Case Rel m Medical Examine /Coroner for a Reason Other man Cremetlon or Donation?
- who proreuxas deem. ,1 •. ~ ~ ~ M. w 1 Ov 2...~~}~ ,.tl ^ ^ Yea yo
1 CAUSE OF DEATH (Sae InatruM1lovna and saempba) W ~ Approximate imerv
item 27. Pan k Enter me chain of events -diseases, injures, «mrtplka8ons -mat dregty caused me deem. DO NOT enmr mrmmal events such as cardx arrest, t Onsq m Daam
respiratory arrest, or venMCUlar nhnllanon wltlroM showing me etldogy. Ust Doty ore cause on exh line.
IMMEDIATE CAUSE (Fhral dseeae or i
caMlion resuPong in deem) _~ a t
Due m a as a uence off: I
uentlalry list candAims, H any, ~ N,CC~ w ~l~ N r
m the cause Baled on lire e. 0. //V ~/ ~ ~
Enter UNDERLYING CAUSE Due m (a as a azxaeq o0: t
(dlaease «~ry mat Iniideted me c. C ~ CFB eA 1/19J'(,'~ 1 J~ /L A GC: (/~ A/~ '
everda resu ' n death LASE.
Due m (a u a mriseguerxx oQ:
d. ` r
30a. Was an Aumpsy 30b. Were Auopay Fmdrgs 31. Menrrer o DeaM 32e. Dam q Inury (Month, da 1
Psdurmed? Available Prmr to Completbn Iq~ Y, Yak 32b. Dexrme How Injury Oxunetl
at Cause of Deem? p(Namral ^ Hanitida
^ Yes ~ No ^ Vas I~No ^ Accident ^ Pestling Imealigatlpn 32d.
^ Sulcitla ^ Coukl Not be Detemared
but ref resulting m the untlarying cause given in Pan I.
^ Ves ^ ProbsWy
^ No ^ Unknown
29. n Female:
^ Not pregnant wimin past year
^ Pregnant at time q deem
^ N« pregnant, Dui pregnant wimin 42 tleys
of deem
^ Nat preryunl, but Pregnant 43 days 1" 1 year
before tleem
^ Unkrgwn if pregnant wimin me past year
32c. Plats of Injury: Home, Fann, Street, Fagory,
Office i3aMing, em. (SpecilyJ
32e. Irry'ury at Work? 32f. tt Transponetlon Iryury (Specl/yl 32g. Location of injury (Street, city I town, state)
^ Yes ^ No ^ Driver/Opereror ^ Passenger ^ PedesMan
M' ^ Omer- Specly:
33e. CerHHer (check only ore)
• Certllying phyemkn (Phyekren cenifyktg cause q deem when aroma physician Tres pronaaroed deem antl ~~ ~e1 and Title M CertlBer
To the heat al ~) oomplatad item 23)
my Imowkdge, deMh occwnd due to tlr a and manner m •leted _ _ _ _ _ _ _ _
Prorwuneing and tednying phyaklen (Physldan both Wonoundng deem eM certllying m sauce q deem) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ Number 33d. Dem Si n.e (Manor, tlay, year)
To UM belt of my IvwwdMg°, death caused at the Ume, sate, and php, aM due to the uuee(e) antl manner u amrod_ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ~ O (3/ ~,
• Medcal EumirerlCororer _ _ _ _ aF~
On rite hMk of sxeminMmn and / «Mveatlgetlon, In my opimm~, rfeam ocoumd K the Ume, tlate, and piece, antl due to the cauega) antl manner e° smtad_ ^ 34, Nare and gdyq„ of Person Who
`~ A Comported Caus~e+ol Deam~(ItemL2~7)~Type~/ Pont
35. RegieearaS~//y and District N1~ /7- I h' / / ~ 38. Date Fl ( tlay, Yaa 1 ~~ 6 L ~ ~i/ Tj~j~.. 7 ~ ~~,~, C/
DleposMOn PermH No. ~lL:]SLLJ
~atsr emu.
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~1CHA[tD C. LUCK£N~a\U6f1
Prepared by the Law Offices Of
Duane P. Stone, P.C. ._~
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8 N. Baltimore Street '' r a
Dillsburg, PA 17019 - ~ `, ~--
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717-432-2089 ~ ~ ` ; -~ ~ry
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-
LAST WILL
OF
RICHARD C. LUCKENBAUGH
I, RICHARD C. LUCKENBAUGH, of the Township of Lower Allen,
Cumberland County, Pennsylvania, do hereby declare this to be my Last
Will, and do hereby revoke all prior Wills and Codicils heretofore made by
me.
1. I hereby give and bequeath to my Wife, JACQUELINE C.
LUCKENBAUGH, (hereinafter referred to as "my Wife"), if she survives
me, my entire interest in and to any and all of my tangible personal
property, together with all policies of insurance thereon. If my Wife does
not survive me, all of my tangible personal property, except to the extent
that certain items thereof are otherwise set forth in a memorandum that
may be attached to this Will, I hereby give and bequeath to my Son,
PHILIP C. LUCKENBAUGH, ("my Son"), if he may survive me at the time
of my death.
In the event that I am not survived at my death by my Wife or by
my Son, then all of the property which they would have taken under this
paragraph 1 had they survived me shall pass as part of my residuary
estate hereunder.
~~
2. All of the rest, residue and remainder of my property and
estate, of whatsoever nature and wheresoever situate, including, but not
limited, to real property and personal property, together with all policies
of insurance thereon, I give, bequeath and devise to my Wife if she
survives me. In the event my Wife predeceases me, my residuary estate
shall be distributed to my Son, if living. Should my Son predecease me,
then his share shall be divided and distributed equally among or between
those of his Children (my "Grandchildren") who may survive me at my
death.
3. Each part allocated to the Child(ren) of my deceased Son shall
constitute the principal of an individual trust and shall be held and
administered as a single and separate trust fund for the benefit of such
Grandchild. From time to time, my Trustee shall distribute or apply
such portions or all of the net income and if that be insufficient then of
the principal of such Grandchild's separate trust as my Trustee in his or
her sole discretion may deem necessary to provide for their reasonable
support and maintenance, to meet the expenses of maintaining their
health such as medical, dental, hospital and nursing expenses arising
from illness, accident or disability, and to the extent that funds are still
available from the separate trust to provide them with an education
(including without limitation elementary, high school, vocational, college,
2 ~~.
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post-graduate and professional education). In determining whether and
to what extent such distributions shall be made, my Trustee shall treat
equally the Grandchildren for whom such separate trusts are held
hereunder. At the end of each trust year, all net income from such
separate trust which during such trust year was not distributed to or
applied hereunder for the benefit of such Grandchild shall be added to
the principal of such separate trust. When the Grandchild for whom
such separate trust is held attains the age of twenty-one (21) years, all
property then held in such separate trust shall be allocated and
distributed absolutely free of trust to such Grandchild. If a Grandchild
dies before he or she attains the age of twenty-one (21) years then his or
her share shall be equally divided among his or her living siblings, if no
one survives such trust property shall be allocated to my living heirs per
stirpes.
4. In the event that my Wife and I die simultaneously or under
such circumstances that it cannot be established which of us died first,
my Wife shall be deemed to have predeceased me for all purposes under
this Will.
5. Should any legatee or devisee under this Will die within
ninety (90) days after the date of my death, he or she shall be deemed to
have predeceased me for all purposes under this Will, with the exception
of my Wife. If my Wife survives me at my death but dies within ninety
(90) days thereafter, she shall have for and during that portion of such
ninety (90) day period as she in fact is alive after my death the right to
the use and enjoyment as a life tenant of all property in which her
interest hereunder will fail by reason of her death within said ninety (90)
day period. If my Wife survives me at my death but dies within ninety
(90) days thereafter, My Will shall control, as if we died simultaneously.
6. No interest of any beneficiary hereunder in either the
principal or income of my estate shall be subject to liable in any manner
while in the possession of my Executor or Executrix to anticipation,
pledge, assignment, sale, transfer, charge or encumbrance, whether
voluntary or involuntary, or for any liabilities or obligations of such
beneficiary whether arising from his or her death, debts, contracts, torts
or engagements of any type.
7. Except as otherwise restricted, directed or provided in this
Will or required by law, in the administration of my estate, and any trust
herein created, the fiduciaries (Executor, Executrix, Trustee, etc.) serving
under this Will shall have the following powers, which may be exercised
without leave of court, in addition to those powers as my said fiduciaries
may have by law:
t~~,~~" 4 E~S`,~
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(a) At any time, to retain all or any property held by
them, real or personal, tangible or intangible, or mixed, of
interests therein, wheresoever situate, in the form in which it
may be at the time of my death or thereafter, including
without limitation any business owned or controlled by me,
so long as in the exercise of their discretion it may be
advisable to do so, notwithstanding that said property may
not be of a character authorized by law, and to conduct or
participate in any such business as a sole proprietorship,
corporation, partnership or joint venture, even though it was
not so organized or conducted at the time of my death.
(b) To purchase, subscribe for, invest and reinvest,
with any funds held by them, in any property, real or
personal, tangible or intangible, or mixed, or interests
therein, wheresoever situate, as and in such proportions as
they may deem best, even though such property would not
be considered appropriate or legal for a fiduciary in the
absence of this provision. It being my intention to give the
fiduciaries the same power of investment and reinvestment
which the Settlor himself would possess if present and
acting.
s ~:<..,
,~
(c) To sell, convey, exchange, partition, redeem,
convert, surrender, give options upon, or otherwise dispose
of any property, real or personal, tangible or intangible, or
mixed, or interests therein, wheresoever situate, at any time
held by them, at public or private sale or otherwise, for cash
or any other consideration, or on credit, in such manner, to
such persons, for such price, and upon such terms and
conditions as they may deem best, and no person dealing
with my fiduciaries shall be bound to see to the application
of any funds paid to them.
(d) To lend and borrow money, to and from such
person or entities (including other fiduciaries hereunder), in
such amount or amounts, payable at such time or times and
at such rates or other terms as they may deem advisable,
and for any monies borrowed by them, to execute and deliver
promissory notes or other evidence of obligation and
mortgage, pledge or encumber any property, real or personal,
tangible or intangible, of my estate or any trust hereunder.
(e) To renew or extend the time for payment of any
obligation, secured or unsecured, payable to or by my estate
or the trust hereunder, for as long a period or periods of time
and on such terms as they may determine, and to adjust,
settle, compromise and arbitrate claims or demands in favor
of or against my estate or any trust hereunder.
(fl In dividing or distributing hereunder any
property, real or personal, tangible or intangible, or mixed,
or interests therein, wheresoever situate, pursuant to this
Will, to divide or distribute in cash, in kind, or partly in cash
and partly in kind, and in shares different in kind from other
shares, as my fiduciaries may determine, and to that end to
allot specific securities or other property, or an undivided
interest therein, to any share, part, or distributable portion
or separate trust hereunder.
(g) To hold, manage, operate, improve, partition or
subdivide any real estate which may be held by them at any
time, wheresoever situate, to mortgage any such property in
such amounts and on such terms as they may consider
proper, to lease any such property for such term or terms
and upon such conditions and rentals as they may deem
advisable, irrespective of whether the term of any such lease
shall exceed the period permitted by law or their actual or
probable period of retention, and to make repairs,
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replacements and improvements, structural or otherwise, in
connection with any such property.
(h) To abandon any property held by my fiduciaries
which is of no value or which my fiduciaries may deem to be
of insufficient value to warrant keeping, maintaining or
protecting and to permit any such property to be lost at tax
sale or other proceeding.
(i) To purchase and maintain insurance on the life
of any income beneficiary hereunder and to pay the
premiums therefore out of the income to which such
beneficiary is otherwise entitled, whenever and to such
extent as my fiduciaries may deem advisable.
(j) To retain, employ and pay agents, employees,
accountants and counsel, including but not limited to legal
and investment counsel or advisors, brokers, banks,
custodians, and other agents, for advice and other
professional services, and to delegate to them such duties,
rights and powers as my fiduciaries may determine, for such
periods as they may deem necessary.
(k) To register any securities held in trust
hereunder at any time in their own name, in their name as
,~. ,~_ ~
~ , , 8 -;~-
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fiduciary, or in the name of a nominee, with or without
indicating the fiduciary character of the securities so
registered.
(1) With respect to any securities held by my
fiduciaries hereunder: to vote upon any proposition or
election at any meeting of the corporation issuing such
securities, to grant proxies, discretionary or otherwise, to
join and participate in any merger, reorganization,
readjustment, voting trust plan, consolidation, exchange or
other concerted action of holders of securities for the deposit
of securities under agreements and payment of assessments,
to deposit any such securities with any committee,
depository, Trustee or otherwise, to subscribe for stocks and
bonds, to grant, obtain or exercise options, and generally
exercise all rights of holders of securities and take all actions
with respect to any such securities as could be taken by the
absolute owner thereof, and to delegate discretionary duties
with respect thereto.
(m) To receive and collect the interest, rents, profits,
proceeds, gains and other earnings and income of and from
the property held by them hereunder.
9 iL ~'
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(n) In dealing with the stock of any closed or other
corporation, partnership interest, or other business forming
part of any trust hereunder: to disregard any principle of
investment diversification and retain any part or all of it for
so long as they may deem advisable; to do anything that they
may consider appropriate with regard to its operation,
expansion, reduction, liquidation or termination or any
change in its purpose, nature or structure; to delegate
authority or duties to any director, stockholder, manager,
partner, employee or agent, and to approve its payment of
reasonable compensation to any such person; and to make
additional investments in it if such action appears to be in
the best interests of the beneficiaries hereunder.
(o) With respect to any policies of insurance held by
them hereunder: to continue such policies in force and to
pay the premiums for such policies from income or principal;
to obtain the cash surrender value, if any, of any such
policies which insure the lives of others, and add the same to
principal; to convert any of such policies insuring the lives of
others to permanent paid-up insurance; and to deal with
such policies in any way that my fiduciaries in its discretion
-L-~
may determine to be in the best interests of the beneficiaries
hereunder, including without limitation borrowing against
such insurance policies in order to pay the premiums
thereon.
(p) To the extent permitted by law, to exercise any
election, right or privilege given by federal tax laws, or the
tax laws of Pennsylvania or of any other jurisdiction,
including but not limited to the joinder with my Wife in filing
income tax returns, the joinder with my Wife in filing gift tax
returns with respect to gifts made by her or by me or by both
of us prior to my death, the consent on gift tax returns to
have any gift made by her considered as made in part by me
for gift tax purposes, the determination of proper taxes,
interest and penalties and the payment thereof even though
not attributable in whole or in part to income or gifts from
my property or estate and without requiring my Wife, her
estate or her legal representative to indemnify or reimburse
my fiduciaries for taxes (or penalties or interest thereon)
attributable to my Wife, the election of alternate valuation for
federal estate tax purposes, the election to have assets or
property of my estate or any trust herein created, or
11 i ~~ ~~
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otherwise includable in my gross estate for federal estate tax
purposes, treated as qualified terminable interest property
for the purpose of qualifying the same for the federal estate
tax marital deduction for my estate, and the election to claim
deductions for death tax purposes or for income tax
purposes, and for their exercise or non-exercise of any such
election, right or privilege to make or not make in their
discretion equitable or compensatory adjustments as
between income and principal of my estate or any trust
herein created or any part thereof hereunder, or as between
any beneficiaries thereof or their shares therein, all without
the consent of any beneficiary hereunder and without any
liability on the part of my fiduciaries for so doing.
(q) To participate actively in the management of any
corporation the capital stock of which is held by my
fiduciaries hereunder, and to receive compensation for such
services in addition to any fees or compensation to which my
fiduciaries are otherwise entitled as such.
(r) To determine as to all sums of money and other
things of value realized or received by them, whether and to
what extent the same shall be deemed to be principal or
~ , ,.
income, and as to all charges and expenses incurred or paid
by them, whether and to what extent the same shall be
charged against principal or income.
(s) To make from time to time partial distributions
in varying amounts to the beneficiaries hereunder prior to
final settlement and distribution of my estate, and in
connection therewith to determine in their discretion the
time or times when such partial distributions may require
recomputation of said beneficiaries' proportionate interests
hereunder for the equitable allocation of income or on
account of changing asset values pending final distribution.
(t) To combine for purposes of administration and
investment any or all of the separate trusts created
hereunder; provided however, that neither this power nor its
exercise shall alter their status as separate trusts.
(u) In general, to exercise all powers in the
management of the assets and property held by them
hereunder which any individual could exercise in the
management of similar property owned in his own right,
upon such terms and conditions as to it may seem best, and
to execute and deliver all instruments and to do all acts
K 6
13 '
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which my fiduciaries may deem necessary or proper to carry
out such management and their duties under this Will;
provided however, that the aforegoing powers, or any other
authority or direction herein or otherwise conferred upon or
given to my fiduciaries, shall not apply or extend to any
assets or property of my estate or trust created herein or
otherwise includable in my gross estate for federal estate tax
purposes and qualifying for the federal estate tax marital
deduction for my estate under the Internal Revenue Code of
1986, as amended, to the extent that such power, authority
or direction, or the exercise or performance thereof, will or
may result in the loss, in whole or in part, of said federal
estate tax marital deduction for my estate.
8. My Trustee shall accept, receive and add to the principal of
any trust herein created any money or property which at any time may
be payable, tendered, given or transferred to my Trustee by any person,
natural or legal, by deed, gift, Will, or in any other manner. All property
received by my Trustee, whether under this Will or otherwise, shall be
added to the principal of any trust herein created as provided in this Will,
and shall be administered by my Trustee in accordance with the terms
and provisions herein set forth.
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9. Upon my death, my Trustee may exercise all rights, options,
privileges and powers granted by, under or with respect to any insurance
policy on my life, any annuity policy, or any pension, retirement, welfare
or other benefit plan or program, the proceeds or benefits of, from or
under which are payable to my Trustee. My Trustee may collect and
receive payment of such proceeds or benefits with no payor thereof to be
responsible for my Trustee's application of the payment so made, and
may compromise or settle any questions relating thereto as my Trustee
may deem best. My Trustee need not institute litigation to collect such
proceeds or benefits payable to it unless my Trustee is reasonably
indemnified for costs, counsel fees and other expenses of such litigation.
10. Subject to the restrictions and other provisions contained in
this Will, if in his or her sole discretion my Trustee deems it necessary
or advisable to protect my estate or any trust herein created or facilitate
the settlement thereof, or for such other purposes as my Trustee may
find reasonable and proper, my Trustee may, but shall have no duty or
obligation to:
(a) purchase with funds of any trust herein created any
securities or other property, or portions thereof or interests
therein, tendered by my Executor or Executrix at any time or times
within the period of nine (9) months after the date of my death, at
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the market value thereof at the time of purchase, with any
difference of opinion as to such market value to be fixed by my
Executor or Executrix whose determination thereof shall be
conclusively binding upon my Trustee and all persons claiming
hereunder or interested therein;
(b) pay or prepay from any trust herein created any taxes,
including but not limited to generation-skipping transfer taxes
under the Internal Revenue Code of 1986, as amended, and taxes
on any future or remainder interests, or any interest or penalties
thereon, at any time payable or assessed, whether or not in
- - ~ consequence of my death, upon or with respect to any trust herein
created or any part thereof; should my Trustee do so, neither any
trust herein created nor my Trustee shall be entitled to
contribution, recovery or collection from any beneficiaries
hereunder for the taxes, interest or penalties so paid.
11. In no case shall any annuity or other payments, or the
proceeds under any life insurance policy on my life, receivable by my
Trustee or any other person, which with respect to my estate are not
subject either in whole or in part to federal estate taxes under the
Internal Revenue Code of 1986, as amended, or to state inheritance,
estate or other death taxes under the laws of the Commonwealth of
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Pennsylvania or any other applicable jurisdiction, be receivable or
received by, paid or loaned to, or used by, or applied for the benefit of my
estate or Executor or Executrix, or any other person or purpose, to the
extent such non-taxable annuity or other payments or life insurance
proceeds would be thereby subject to federal estate taxes or said state
death taxes.
12. I hereby appoint PHILIP C. LUCKENBAUGH, my Son, to
serve as Executor of my estate hereunder. Should he be unable or
unwilling, fail to qualify, or cease to act as such Executor, I hereby
appoint MELISSA S. LUCKENBAUGH, my Daughter-in-law, to serve as
my Executrix hereunder. Should she be unable or unwilling, fail to
qualify, or cease to act as Executrix, I hereby appoint, JOHN M. ROMAN,
my Friend, to serve as Executor hereunder.
13. I hereby name and appoint MELISSA S. LUCKENBAUGH, my
Daughter-in-law, to serve as my Trustee of each separate trust created
under this Will. Should said person be unable or unwilling, fail to
qualify, or cease to act as my Trustee, then I name and appoint JOHN M.
ROMAN, my Friend, to serve as my Trustee of each separate trust
created under this Will.
14. My Trustees above named shall be entitled to receive fair,
equitable and reasonable compensation for his or her services rendered
;~
hereunder. The trust fiduciary fees and expenses hereunder shall be
deducted from and charged to the income, and if that be insufficient then
the principal, of each specific trust hereunder on account of which such
fees and expenses were incurred or to which they are otherwise
attributable or allocable, as and when my Trustee shall determine but
not less frequently than once each trust year.
15. The fiduciaries named or appointed in this Will, shall not be
required in any jurisdiction to file, enter or post any bond or other
security for the faithful performance of their duties hereunder, and shall
not be liable for the acts, omissions or defaults of any agent appointed by
them with due care.
16. I direct that all estate, inheritance, legacy, transfer,
succession and death taxes, of whatsoever nature or kind and by
whatsoever jurisdiction imposed, and all interest and penalties thereon,
which may be payable or assessed in consequence of my death, whether
or not with respect to property passing under this Will, shall be paid out
of and charged against the principal of my residuary estate in the same
manner as are general administration expenses of my estate so that all
property subject to said taxes shall be and pass free and clear thereof,
without apportionment of or reimbursement for such taxes, interest or
penalties among any beneficiaries, transferees or other persons
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interested in such property and without any right of my estate or
Executrix or Executor to contribution, recovery or collection for the
same. Taxes on any future or remainder interests hereunder may be
prepaid at and in the election and discretion of my Executrix or Executor
to the extent permitted by law.
IN WITNESS WHEREOF, I, the said RICHARD C. LUCKENBAUGH,
hereby set my hand to this my Last Will, typewritten on and consisting of
these nineteen (19) sheets of paper, at the bottom of each of the
preceding pages of which I also have placed my initials, on this ~ ~' ~ ~
day of ~ ~~ .m ,~ ~ ~ , 2005.
~~~.
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RICHARD C. L KENBAUGH
19
MEMORANDUM
Pursuant to paragraph 1 of my Last Will dated , 20_, I hereby
give the specific items of personal property as follows:
1.
2.
3.
4.
5.
6.
7.
Date: ~~?~ ~e.-~ c_ ~'
RICHARD C. L CKENBAUGH
On this 3 t' ` ~' day of S y~ f -°~n~'t ~' , 2005, RICHARD C.
LUCKENBAUGH declared to us, the undersigned, that the aforegoing
instrument was his Last Will, and he requested us to act as witnesses to
the same and to his signature thereon. He thereupon signed said Will in
our presence, we being present at the same time. We now, at his
request, in his presence, and in the presence of each of us, hereby
subscribe our names as witnesses thereto and have placed our initials at
the bottom of each of the preceding pages. By so doing, each of us
declares that he or she believes this testator to be of sound mind and
memory.
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residing at ~ ~ ~" P ~'~ ~~`„'
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
the witnesses whose names are signed to the attached foregoing
instrument, being duly qualified according to law, do depose and say that
we were present and saw RICHARD C. LUCKENBAUGH, the testator,
sign and execute such instrument as his Last Will; that such testator
signed such instrument willingly and executed it as his free and
voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of such testator signed such Last Will as a subscribing
witness thereto; and that to the best of our knowledge, such testator was
at that time 18 or more years of age, of sound mind and under no
constraints or undue influence.
Sworn or affirmed to and subscribed before me by ~. -,.~ ~ ~ ~ ~~~ t,,
r ,~~~,~,.;; ~ u,r, ,witnesses this .~ ~ ~
day of S~-P tr »~ ~ ~ ~ , 2005.
~~
Notary Public
My Commission Expires: ~'`~~~` ~' ~~
COMMpNWEALTN OF PENNSYLVANIA
NOTARIAL SEAL
Susan E Oiler, Notary Public
Lower Mifflin Twp., Cumberland County
M mission E 'r M
M rr~~ nmr~sv~vc~rua Association cN WopOii®s
WITNESSES:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I, RICHARD C. LUCKENBAUGH, testator, whose name is
subscribed to the attached foregoing instrument, having been duly
qualified according to law, do hereby acknowledge that I signed and
executed such instrument as my Last Will, and that I signed and
executed it willingly and as my free and voluntary act for the purposes
therein expressed.
Sworn or affirmed to and acknowledged before me, by RICHARD C.
LUCKENBAUGH, the testator, this ~'~ day of 5~~~~,., ~~-~ 2005.
COMMC?NWEAITN OF PENNSYLVANIA
NOTARIAL SEAL
Susan E Oiler. Notary PubNc
lower Mifflin Twp., Cumberland County
M ~ Commission Ex fires Mar. 29 8
NWmrx>r. n,~'~'avw'mia AssoClOlion cif Norades
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RICHARD C. L EN$AUGH
r
Notary Public
My Commission Expires: ~~-~j~~'~ ~~ `~ `~