Loading...
HomeMy WebLinkAbout12-04-12Reset 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: Donald E Lundav a/]da: Don Lunda a/k/a: a/k/a: Date of Death: 10/11/12 ~ile No: Jr~~ (Assigned by Register) Social Security No: 408-52-6429 Age at death: 72 Corm r~~lide (Stare) with his/her last Decedent was domiciled at death in Cumberland tY~ principal residence at 624 Devonshire Drive Carlisle 17013 Borou of Carlisle CumberlanCoun Street address, Post Ottice and Zip Code City, Township or Borough ty Decedent died at 700 Walnut Bottom Road Carlisle 17013 Borou h of Cazlisle Cumberland PA Street address, Pos[ Otfice and 7.ip Code City, Township or Borough Caunty State Estimate of value of decedents property at death: g 35.000.00 !f domiciled in Pennsy(vans ............................ All personal property Ijnot domiciled in Pennsy/vania ........................ Personal property in Pennsylvania $ /f not domiciled in Pennsylvania .. ...................... Personal property in County $ Value of real estate in Pennsylvania ................... ~ ~ ' ' ' ~ ~ TOTAL ESTIMATED VALUE.... $ 35.000 00 Real estate in Pennsylvania situated at: (A[tach additional sheets, iJbecessaryJ Street address, Pos[ Office and Zip Code City, Township Or norougn ~~-^v A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named m the last Will of the Decedent, dated 2/11/1981 and Codicil(s) thereto dated 6/29/2004 State relevant circumstances (e.g. Except as follows: afterthe execution ofthe instrument(s)offeredfor probate Decedent did not marry, was not divorced, was notaparty to apending 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 Q EXCEPTIONS © B. Petition for Grant of Letters of Administration pf applicable) c. t. a., d.b.n., d. b. n.c.t. a., pendente lire, durance absentia, durance minoritate If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. 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 Q EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouser(f any) and heirs (attach additional sheers, ifnece sary): ~-• ~ C'f ,~ ~'1 Pn Name Relationshi gets O ~ q r*t y n ~' ~ ,;~ ~ r- rn ~ ~~ z ~ ~,,~ ~ o ~ rl n C/ -rt ': ~ r° tin • r'° ~ '-'I to ~ --.7 Page 1 of 2 Farm RW-02 rev. 10/II/2011 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s) Printed Name Petitioner(s) Printed Addres 2> rti-1 " Patricia A. Lunda 624 Devonshire Drive Cazlisle PA 17013 ~ ~ ~ C' ~ n ca ~ -t ~ C:J a"" rtil i_.._ 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 D d nt, the Petitioner(s) will w and trul dminister the estate according to law. Sworn to or affirmed and subscribed before „~ Date ~~ d ~`~-- me th~s day of ~ 2 Date By. (I Q ~,~ ~ ~ ~ Date For the REgi-s~te6r Date BOND Required: ~ YES Q'~TO FEES: Letters ..................... . ( i.,Q )Short Certificate(s)..... . ( )Renunciation(s)........ . ( ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond .. ...................... Comm ission ................. . Other t1)tL ........ ........ a ~ 00 ....... Automation Fee .............. . JCS Fee . .................... ~-J~lJ TOTAL ..................... $ 17 Z ~ B'00- To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Official Use Only r.a «--' ~ ~ ~ ~ G7 C7 n., _ .~-, c-f Printed Nam John C Oszustowicz Supreme Court ID Number: 37076 Firm Name: Law Office of John C. Oszustowicz Address: 1(14 C Hanover St f arl;cle, PA 1701 ~ Phone: 7172437437 Fax: 7172588379 Email: ~ohnn Sarliclenalaw com DECREE OF THE REGISTER Estate of Donald E. Lunday a/k/a: File No• ~~ ' ~ ~ ~ I ~J~ AND NOW, t~QC.QI r UC1~,+ C~ _, d~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters "j_Qr~LY1~.(1 +Q are hereby granted to ~%1 in the ove estate and (if applicable) that the instrument(s) dated d described in the Petition be Form RW-02 rev. 10/11/2011 to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Register of Wills `1ef ~~Q/ c-1' ~,Q. Page 2 of 2 n-..~: IJti ~. LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. RECORpEp tPr(CE OF REGi$7E r This is to certify that [he information here given is }^'ee for this certificate, ~f1(iO R OF ~',, -tl ~ ied from un original Certificate of Dea[h __ P 18882503 Certification Number ' pe/Pentln 5 L unrec y wp ~GIL ~~~ ~ ~~ duly filed with me as Local Registrar The original certificate will be forwarded to the State Vital Records Office for permanent filing. CLERK C(' t~^- ORPHANS' CCU( (~6n~.(~f^1~ac~iiet~D~xt~r.~' OC~t 1 2/2012 OuMBERLANO ~~ rq Local Kegistrar Date Issued COMMONWEALTH OF PENNSYLVANIA • D RTMENT OF NEALTH VITAL RECOROs IkTY lack ink Dec me IFirs<, Mlaale. Last, sufflnl s al 9ecutity Numbe. 9. Date of DaeM IMn/Oay/Ve) (Spell Mal ee 2012 52-6429 October 11 l 408 s , - a e Donald E. Lvnday s A L t Blnnaav tvnl weer 3 voe st. unaee v Dn s. Data pf BinM1 IMn/wv/von (spell Mpnml BL<nplaca Lt Nana sm<e nt Fneagn ep.In[rvl ge- .r T1Vashv111e. TN \ pnmr o.vr Hn°. Inu[ -72 Nov 27 t 1939 Tn. a . tcppnNl e R ochre Istaa p. Forelfln cpparvl n e Iso-eet .na Npmna- clpae Apt rvp.l flt Dm oeaaen<uee m . Townrmpz a :1 . Devonafiire Drive Over, aeaaent lmmm pA 624 P g e. R a°nce (Gnun<Y) II I< l i ssl u city/b° O. Cumberland Be. Reamena Inp cocci ®N°, eeaeen<u.,ee within m r °( mea E azz arlul s<a a m pf Death ~ M I e o wla°waa v1 survrolq q se' m 1 f wBe. groe n.me pr or m Rrst meraeRel <u TI P8tr1C1a C'COCKOtt ff 30 e V . O N lea O Vnknow Matt 0 Dlvatcad p N ~ Vnknown V 65 MoMer'e Neme nor 5<Ma.naee (FItz4 Mlaale, Lant) ner's Name I lest, ale, , su ) iz 3Mary Balls Duncan George Paschal Lunday 3Ca Inf°emant'r Name 19 b. RalatlonxFlp [o Deceeen[ 19c Inlarman<'s Mee1n6 Aatltess <s<teet antl Numbet, Clty, state, Zlp Caa=1 Carlisle, PA 17013 624 Devonahira Dr ., Patricia Lunday vi£e S Y~ `T .............................. .......... ...... ..............................I............a~....ace p.som~•w .. ~.c... °".Y.° 4 .....a t .... _. ry ... t pease here oma. Tn.n.H "'CY ~°roi«~~ ~-~~-~~~~ D Ci - foon ~~ ~ ~~~~~~~~-~~~~ .tin eaeemxHama """.. anent Occ ~ ~~ ~- """ I ~in im ap s E p . anpxp v vom o~[perm In oma. ISpepiro m/out apen< D Deae pn qen Nursing ~om~npng-Te.m tote FatiuN Va y ~ ise. my p. Town so<e. one ap coca vse. co°nty of D.a<n .Ie llf np<mrmm~pn, flme ataet one npmbe. isn. Fyalav Na PA 17013 Cumberland Carlisle y [ Forest Park Health Center of Dlsp°zi[Inn tla ~ Grematlnn 366_ Da f Oispnxl[I°n 16c. P °f Dlsp°sl<Inn (Name o. cemetery, crematory. nt aMet place) MetM1Oa Bu I [e ° lace i6a a . pRemp.,al o-em s[.<e oDnnannn Oat 16, 2012 st. Patrick Catfiolis Churcfi Cemetery Lo Nan<°I Olzpo Itlnln (GI< o .State, antl Zlpl a. slg tai Service n etge ni Interment 1Th_ Llce Numbet I6tl wn y$ . 138504 Carlisle, PA 17015 one c plate Aaaeers °. F°n al Fa=Inn 3HO~~man-Roth Funeral Home & Crematory. 219 North Hanover Streets Carlisle. PA 17013 ~ D cetlent'z Ea [I LM1eck the Env [M1e[ bez[ tlercnbes the 19 Decetlent of H spank Onflln -Check [M1e 2D. Decetlen['a Race -CM1eck ONE OR MOPE [aces t° Intllcate what l nbez wnetnet [M1e aeceaenl me a=cetlent conzltleretl M1lmselt oe netaeif [° be. a nest tleRtee °r level of school cnmpletea et [M1e time °f tleatM1_ bm that nest tleic n Q 6 n grade °t less Is SpanlrM1/Hlspamc/La[In°. GM1eck [ne "N °" WM1lte ~ K ~ Vletnameae Irlcan American ° bov It cetlen<IZ na[spanlaM1/Hirpanic/Latino- ~ Bloc ' '^ ~ Nn alpl°ma, 9<n-12[F g.atle atlve 0 qme Inalan oe Alaska N ~ OtM1et Aalvn 0 HIeM1 .c onl gteauate or GED comple[etl ®v o<SpanlaM1/Hispanic/La I l I lnalen ~ N a° Q 5 °Ilae. <real[, but n° aeeree C~ an Amet can, CM1lcan° 0 gslan .a nM1emorm o G G p A a aegeee le. A61 o r tan o G e o ~ ~ M p e r ae eme t al p oma. patlnc laaneat p i pe .a rn/nlswmt/Larnn e9 Msa. M BA1 o v l Pan M e ~r + p ame IspedM n DI ° rrmna aegt ~ lsveaN D D e te. ° nra g e MO s DvM a t o t tlpn - enetk oNly DNE m Inme.<e was me aeaaen<consmeree M1lmreiror nerseir m be. ua. Deteaent r uspa awe - e wpp of wnex <'s 51ng1e Rac¢ el(-Oerign e 1 De ^ e ~ Wnl DO NOT VSE ETIREO. Oiapane OSamoan nne curing moat °I wotMng lMe sa a Q OtM1et Pan(IC Isl<Stler Colonel ~ Black nr Ahlcan gmarlcan ~ Korean 0 q an Intlian ar Alaska Na[IVa ~ Viatnameze 0 D°n't Kn w/N° ure ~Refuzetlo 22 n. RIna oTBUSinesa/Inaur<ry M1 l en etgs ~A Inalan DO[ p cnmeze O rvxiye Nawan.n D o<net tspeaM U. s. Army o Flllpinn o Guamanian °. Enamn.ep ms sa- a mosr a6 eomaLETEO aa. Data perm°°ntae D=. tMn Dav or Pat nn P n° n on v w an app menial sac. u[.nse Npmba RBON wltD PROraouvc6s oR z6 a - 11r 30S 4 77 L r A' t Rat R 7TJ 2 ' - 10-1\-sL nFlES OegTH cen 2sa. Date lan=e tmn/Dav/vn me pr Dom TI o ~! _ E ~ -r: as z P^" 23. w Menial E teas o CAUSE OF DEATH gppmam+<e y causes me aaaM. 00 NOT cote[ trrminal events rucn as <attllec at.ezt. rval: En[et [ne na °f eve - alreases, inlurlez, °r c mpllca[Inns-<M1a[ altec[I 3 rt I 6 Pa O . . sal ~ O n rerpna[°ry a rez[, oe ven[rlcula. Nbrlllatlnn wltnou<zM1nwinfl [ne eNOlagy. DON T ABBREVIATE- Entet only one cause nn a Ilne. gatl a [I°nal Ilnes 11 necessary nse<<o Oea[ [' 61+CoM Orb.TTi2Lnr-TI~~ Iv kitONA9~~ D S7~H-1'~ Y~~Aa~r IMMEDIATE CqusE "------ --> a. IEI moo Dua [n lot ar a ennzawenta nrl: n a~n mtl I ~ .e ~ ,. e~~ ee b. 1 ontlltionz, Oue [01°r ax a consequence nD: as pn nne a Ente. me =. ` se uence °fl: I l I q ot as a con YNOERLYING CRV9E Due to 5 lal<e[re o. mfury mat - ea tnNe a r.eswnne e. I~ a~aM1l sc Dpe <n cot a: a epnregpence pn: s 26. p n[er °t e a to a am but nn[ rcaul<Ing in [M1e unaerlylne cause given In Pan I - nye[°psV Pat1°rmetli a `Tw' C'DSJ GES'E+VE !4E /a+PT FAa Lra~M-4- .a autoPxy.nalnvz wananla l tapae pf aea<na ~~'rrcl`~Yt W`J <n lace me rr/ft's~"/ ~" Pf L P `°o _ u. tuo [ `r rvp Y ~ gD ole mbaaa ure beam DO[m uegr o[n y 33 I :Female: pm i~ ~ n O P O Ne< ^?agnai ~ ~a ol~eeam o• p rvo O awn n..aev.e°n t ene g 0 ~me ~ g I, nan<wimm az ear: pr edam bu[ ee an< p n O smcme o cpwe not ne aetvmmaa p g ot ptegn , m b f n < ° va a of Inluty IMn/Davnd (span M nmt az = °ta o p N .n<, nu<praan.nt a3 caw [n v v r o unknnw.,np.egnant wmnm ma Partvo.aa . rL..e °r Inwry Place pf Inlurv le.a-Home, conztructlon site, farm, scno°ll . Loca<i°n nI Inlury (Street one Number. CI<y, State. Zip Coeel Inlurv at wotk .anz a<° Inlurv. speclN: Dezoln=vew Inlurv oauvaa: p Y o D-=.i sP. ant o p a=xttLn . p Nn ner l6PetlN1 o Pa a o o 3 g~N,^gCM1peck on V nnaL a best of my kn°wleage, aaatn occuttee sue zelrl a tl ? .na pmts, and ape <o ens [aural:) and moon.. zcaee ro[e mr. Bata p prm.puncmg s Eemrymg Pnnml.n -TO ma hart of my xnpwmage, ae.m o <<ne one plea, and ma t° me cauzaml and nnat eaa aeaM1 nttuttee at ma oma I m a . , m ~, O Ma.ucal E.ammet/cnrnn~t(. byt~p;=aalnln•<IOn, one/nt mvexngatlnn. In my n WD Ori'4651P -L- I~~L~~L-~- nine.: ~k7 =N mna.: r f to r s enatl ee v u f < aaarr a.Ia ziP rhea °f Parnn c°mpmang ca a ro=am U< zfil PA [Td t7 2E 6 a °9 ' 3 3st D a s n a IMp/o.v/vq e[~s ~[rz SCa .r CAa PRrAIG pmriFO 5 w lulrw..t. 5. K~<FFW AVL/ xaw0 14zt Refllr..aex DHta °mb=. .Begirt[ e ~, t .~~ Il Da~d6k'~- ~ s Amanamen. Dlrpn Innn peemlt Nn. C1 Il ``-~~J `~ REV ®izou REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA No. 21- Estate of ~~ ~^ ~ d ~ ~ ~ "'^ d " ,Deceased UNAVAILABLE WITNESS AFFIDAVIT I, ~m ~+ a C~ OsZ Hf9n.w t c i being duly sworn according to law, depose and say that I, the ~N Attorney ^ Personal Representative in the above referenced Estate, declare that and whose signature(s) appears as subscribing witness(es) to the ^ Will or U7 COd1C11 of the above Testator is/are not readily available to prove the signature to the Testator by reason of bs~.., L« Sworn to or affirmed nd subscribed Bef e me this th da o _,20~ Sign re of Cou ellPers~@al Represe~gtiveA m ~°~ o curio ~ -a n oo %~ x ~ ~ n ~ ~ v \ /11 ~ ~ ^~"~ ...C ,,d t~ ~ n , ~ ~ f Wills ~ n n =r~ e ty for Regrster o (Must sign in Register's Office) c;, n~?-.i o ~e ;v c: OATH OFNON-SUBSCRIBING WITNESS c., 0 n ~5 t,r wr-- cn ~r ~t+-- _,~Te L_~ p/ ~i.- and (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and saJy(s) that he is/she is/they are familiar with the signature of the above Testator of the ^ Will or LAS Codicil presented herewith and that he/she/they believe(s) the signature on the ^ Will or [~odicil is in the handwriting of the above Testator to the best of his/her/their lrnowledge and belief. Sw o or affirmed~}~d subscribed Be re me this ~tb day of _, 20 ~~-- ty for Register of Wills ust sign in Register's Office) "'~~~ Signature of Non-Subscribing Witness Signature ofNon-Subscribing Witness a !11 r c> N m ~ o ~ ~~ mzc~ _ ~' °7-ro A S m rn ~ LAST WILL AND TESTAMENT z N ~ ~ v -n '`: ei DONALD E[JGENE LUNDAY -,~ -~ r, d' .°,~ , i, -~ ~ I, DONALp EUGENE LUNDAY, a legal resident of the State of Tennessee presently on active duty with the United States Army and stationed in Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this instrument to be my LAST WILL AND TESTAMENT. I hereby revoke any and all wills and codicils by me heretofore made. I IDENTIFICATIONS AND DEFINITIONS I am married to MARIAN VIRGINIA LUNDAY, hereinafter referred to as "my Spouse." We have three children, MARK THOMAS LUNDAY, KEVIN EUGENE LUNDAY and BRIAN JOSEPH LUNDAY. References in this Will to "my Children" include these three children and any other lawful children born to or adopted by me. References in this Will to 'fiy Minor Children" include all of my children who are, at the time stated in the reference to them, under the age of twenty-two years. The following definitions obtain in any use of the terms in this Will: 1. "Descendants" means the immediate and remote lawful, lineal descendants of the person referred to, and it means those descendants in being at the time they must be ascertained in order to give effect to the reference to them, whether they are born before or after my death or of any other person. The persons who take under this Will as Descendants shall take by right of representation, in accordance with the rule of per stirpes distribution and not in accordance with the rule of per capita distribution. Persons legally adopted when under the age of fourteen years shall not be differentiated from blood descendants for any purpose. 2. "Survive me" is to be construed to mean that the person referred to must survive me by thirty days. If the theSeference~tothimishalltben nstruedaas if he hadth~ failed to survive me. 3. As used in this Will, the words "EScecutor," "he," "him," "his," and the like shall be taken as generic and applicable to a natural person of either sex or a corporate person or other legal entity. II PA~]T OF DEBTS AAID TAB I direct my Executor to pay the following before any division or distribution under the following as soon after my death as may be practible: 1. All of my just debts and the expenses of my last illness, funeral and of the administration of my estate; but my Executor need not accelerate and pay those unmatured obligations which, in his opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. 2. All inheritance, transfer, estate and similar taxes (including interest and penalties) assessed or payable by reason of my death, on any property or interest in my estate for the purpose of computing taxes. My Executor shall not require any beneficiary under this will to reimburse my estate for taxes paid on property passing under the terms of this Will. III RESIDUARY ESTATE A. I define "my Residuary Estate" as all of my property after the payment of debts and taxes under Article II above, including real and personal property, whenever acquired by me, property as to which effective disposition is not otherwise made in this Will, and property as to which I have an option to purchase or a reversionary interest, but excluding property as to which I have no interest other than a power of appointment. B. I give my Residuary Estate to my Spouse if she survives me. C. If my Spouse does not survive me and I am survived by one or more Minor Children, I give my Residuary Estate to my Trustee, in trust for the benefit of Minor Children, according to the directions stated in Article IV below. D. If my Spouse does not survive me and I am not survived by any Minor Children, I direct my Executor to divide my Residuary Estate into equal shares and to distribute those shares as follows: 1. one share to each of my Children then living. 2. one share to be divided equally among the then living descendants of each of my Children who are not then living. zv ADMINISTRATION OF TRUST A. 4he primary purpose of the trust established in the event that I am not survived by my Spouse but am survived by Minor Children is the support, maintenance, welfare and education of Minor Children. To that end, the Trustee may accumulate and add to principal the income from principal to the extent permitted by law. He shall pay or apply such income as he elects not to accumulate to or for the use of Minor CY~ildren until the termination of the trust. B. If the incase and other funds available to Minor Children are insufficient for the support, maintenance, welfare and education of any one or more of them, my Trustee may pay or apply for the benefit of one or more Minor Children so much of the principal of the trust as he considers necessary for the purposes of the trust. The trustee need not distribute either income or principal from the trust in equal shares, and he may exhaust the entire income and principal of the trust for the benefit of one or more beneficiaries, to the exclusion of the others, subject only to the primary purpose stated in Paragraph A of this Article. C. Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to the beneficiary, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from crontrol by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligations of any beneficiary, and shall not be subject to any execution or attachment. D. When the last of my then living Minor Children reaches the age of twenty-two, the Trustee shall distribute the remainder of the principal and accumulated incase of the trust as follows and the trust shall thereafter terminate: 1. one share to each of my Children then living. 2. one share to be divided equally among the then living descendants of each of my Children who are not then living. V APPOINTMENT OF TRUSTEE I appoint LTC DENNIS GRFSDp, presently stationed at Cameron Station, Alexandria, Virginia, as Trustee of any trust established under this Will. I request that my Trustee not be required to furnish bond or securities. VI GCIARDIAN If my Spouse does not survive me and it is necessary to appoint a guardian for any one or more of my Children, I nominate LTC DENNIS QtFSDO as guardian of the person of each of my Children who requires a guardian. I request that no sureties be required on the bond of a guardian appointed under this article. VII APPOIN~gSTP OF EXE7C'[T10R I appoint my Spouse, MARIAN VIRGINIA LUPIDAY, as Executor of this Will. If MARIAN VIRGINIA Id.R~IDAY is unable or unwilling to serve in this capacity, I appoint my son, MARK THaMA.S I,UbIDAY, to serve instead. If MARK 7f~MAS 7,UNDAY is unable or unwilling to serve in this capacity, I appoint my Wife's brother, FRANK T. STRZELEC, to serve instead. I request that my Executor not be required to furnish bond or securities. VIII POWERS OF FIDUCIARIES My Executor and Trustee shall have the following powers, which are to be construed in the broadest manner consistent with the validity of this Will and with their duties as fiduciaries. 4he powers stated herein are not intended to be exclusive, but shall be in addition to those granted by law and shall also pertain to any administrators or trustees who suweed the fiduciaries I have appointed in Articles V and VII above. Zhese powers are: 1. to take possession of property, to keep it safely, and to aggregate it from other property owned or held by the fiduciary; 2. to retain and to invest in property, or an undivided interest in property, including residential real estate, for any period, whether or not the property be of the character permissible for investment by fiduciaries; 3. to sell, transfer, exchange, lease, rent, mortgage, pledge, give options upon, partition and otherwise dispose of real or personal property, at private or public sale, for cash or upon whatever terms the fiduciary deems advisable, without notice or order of court; 4. to render liquid my estate, in whole or in part, and to hold cash or readily marketable securities of little or no yield for such period as my fiduciary deems advisable; 5. to borrow in the name of my estate or of the trust, upon whatever terms and conditions and for whatever periods my fiduciary deems advisable for the purpose of preserving, protecting or improving property held by him; 6. to pay, compromise, adjust, settle, compound, renew or abandon claims held by my fiduciary and claims asserted against my fiduciary, on whatever terms he deems advisable, without prior court authority; 7. to distribute in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, notwithstanding the fact that distributive shares may as a result be composed differently; 8. to insure the property he holds as fiduciary against the risks, and in the amounts he, in his discretion, deems expedient, and to obtain and pay for life, health, liability and other forms of insurance for the beneficiaries of the trust, in his discretion; 9. to employ attorneys, accountants, investment advisors and other professional assistants including depositaries, proxies, agents, and appraisers; 10. to enter into transactions with other fiduciaries including executors or trustees of estates and trusts in which my beneficiaries have an interest, and including himself as fiduciary for other estates and trusts; 11. to engage in the powers necessary to the effective administration of corporate securities, including, without limiting the generality of this pourer: a. power to vote in person or by proxy upon all securities held by the fiduciary; b. power to engage in a voting trust or voting agreement with respect to securities; c. power to consent or become a party to, or participate in, mergers, consolidation, sales of assets, recapitalization, reorganizations, dissolutions or other alterations of corporate structure, including adjustments in capital structure affecting securities held by the fiduciary, whether or not these adjustments involve payments by or to the fiduciary; and d. power to hold securities in unregistered form or in the name of a nominee. IN WITNESS WHERFUF, I have at ,~iir-cf~r ~~+'>'`~~~ ~~ this ~~ day of , 1981, set my hand and seal to this my LAST WILL AND TFSTAh~TI'consisting of five (5) typewritten pages. (SEAL) Signed, sealed, published and declared by the Testator, DONALD E[TGII~ LUAIDAY, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. ADDRESS p Q ~ ~9 • ~ /' PY~ Y ~t' (I~wu'~c.a~ct ~~ i ~ a /3 AFFIDAVIT STATE OF PQ i~ ~5 5 (v~` ~ ` `` ODUNTY OF taw. b2~f I~ v~/~~ ~/ y1,, i / We,CA~s-!NN ~ /L~¢evOS , ~rc~i~P~ iC• E'Ir 1 ~a/c( , and OS/~ ~ 7/ Z on oath state: We are the subscribing witnesses to the attached written instrument dated the ~r ~` day of Fc?~i r ua r h 1981, which purports to be the Last Will of DONALD EUGIIVE LCIPIDAY ("Testator"). On this date Testator, in our presence, declared the instrwnent to be his Will, signed the instrwnent in our presence, and requested that we attest his execution thereof; whereupon, in the presence of Testator and of each other, each of us signed our respective names as attesting witnesses. At the time of the execution of the instrument Testator was over the age of 18 years and appeared to be of sound mind. lhis Affidavit is made and signed at the request of DONALD EUGII~IE LUAIDAY, Testator. This _.~~_day of ~efp ~ ka ry 198E WITI~SS Subscribed and sworn to before me this ~ ~~day of_ Fe Grua r c, , 1981. ~ ~ ~ . Notary Public My Commission Expires ~' DIXIE LEE STONER, NOIARV PUBLIC CARLISLE BORO, CUMBERLAND COUNTY ~~ MY COMMISSION FXPIRES JAN. 30, 1994 Member, Pennsylvania Assnc~ation of Notanes CODICIL TO THE WILL OF DONALD E. LUNDAY I, Donald E. Lunday, residing at 624 Devonshire Drive, Cazlisle, Pa., 17013, Cumberland County, Pennsylvania, being of sound mind, memory, and understanding, do hereby make, publish, and declaze the following as and for a Codicil to my Last Will and Testament, dated February 11, 1981: ITEM ONE: I hereby appoint Patricia A. Lunday as executor of my Last Will and Testament. Should Patricia A. Lunday be unable or unwilling to serve in this capacity, I appoint my son, Mazk Thomas Lunday as alternate executor. I request that my Executor not be required to furnish bond for the faithful performance of his or her duties. ITEM TWO: I direct that my personal papers, books, official files, mementos, and other personal property belonging to me or to Mazian Virginia Lunday be divided as provided in my instructions to the family upon my death. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, a Codicil to my last Will and Testament, consisting of one (1) typewritten page, this 2 ~ day of in the yeaz of our Lord two-thousand and four. SIGNED: ~ ~: ~_ ~ ~rn -o m=~ ~ N ~ mar r ry~o .~~ r -c z~ -~ o <.~ c, ca -~ ~ r :`~ c~ c -v ~ '~ y N N ~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ 'v nn 6 ems. L-0.ra~ BOROUGH OF CARLISLE The fore oin ~ ~I g g ,consisting of ~ typewritten page(s), was, on the a9~ day of '~ ~y U~ , 200, signed, sealed, published and declazed by the said testator as a codicil to his Last Will and Testament, and it is hereby acknowledged that said testator appeared to be of lawful age and sound mind and memory and there was no evidence of undue influence. We, at her request and in her presence, have hereunto subscribed our names as attesting witnesses: of ~ Z y ~.~-/cC~1 LL~r " ~ X703 Witness Address On this, the ap~ day of J UtJ e, , 2004, before me, a Notary Public, the undersigned offi1cer, personally appeazed {{Z2~tcaF? ~ lw.da ,known or proven to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official ~ ~-- of `~(~ ~ _ - -- 5'e ~.4 ~ ~ 013 Sou,>~ /~ c~t, Wn~ Address phis, the day of , 200_, before me, a Notary Public, the undersigned officer, personally appeazed ,known or proven to me to be the person whose name is subscribed to the within document, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC (SEAL) ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOROUGH OF CARLISLE I, DONALD E. LUNDAY, the Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Las ill and Tes t; that I signed it willingly; and that I signed it as my free and voluntary ac fo t~ ~jt'pos~ terein expressed. SIGNED: '"~- On this, the ~~ day of 0/ l~~ ~ , 2004, before me, a Notary Public, the undersigned officer, personally appeazed DONALD E. LUNDAY, Testator, known or proven to me to be the person whose name is subscribed to the within document, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereun~et my hand and ARY ~~ E. ~J~B, Nulty Pup1c Cantu ~ E~Na Sept 6, 2GD4