HomeMy WebLinkAbout07-29-13 . ,
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
1VV. �l-12-1�J�
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ESTATE OF DONALD E. LUNDAY,DECEASED
Late of Cumberland County, PA
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FAMILY SETTLEMENT AGREEMEN7'AND RELEASE OF
PATRICIA A. LUNDAY,EXECUTRIX
Date of Death: Octoberl l, 2012
Letters Granted: December 5, 2012
First Complete Advertisement of Grant of Letters: February l, 2013
Account stated to June 13, 2013
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AGREEMENT TO INDEMNIFY,RECEIPT, AND RELEASE
THIS AGREEMENT,by and among Patricia A. Lunday, Executrix of the Estate of
Donald E. Lunday, Deceased and Patricia A. Lunday, Mark T. Lunday,Kevin E. Lunday and
Brian J. Lunday.
� WHEREAS,Donald E. Lunday died October 11, 2012,testate, a resident of Cumberland
County,Pennsylvania; and
WHEREAS,the Last Will and Testament of Donald E. Lunday dated February 11, 1981
and Codicil dated June 29, 2004,was duly probated in the Office of the Register of Wills of
Cumberland County, Pennsylvania as appears of record at Number 21-12-125 5 (a copy of the
Will is attached hereto and marked E�iibit A); and
WHEREAS, Letters Testamentary were issued to Patricia A. Lunday on December 5,
2012; and
WHEREAS, said Executrix has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS,in ITEM III D.: He directed his Executor to divide his Residuary Esta.te into
. equal shares and to distribute one share to each of his Children then living.
WHEREAS,Patricia A. Lunday,Mark T. Lunday,Kevin E. Lunday and Brian J. Lunday,
have been furnished with a complete listing of the estate assets,receipts and disbursements; and
WHEREAS, it is the desire of the parties to this Agreement that final distribution of this
estate b�ac�cmp!ishe����t��c�at�.far�.a1�:caur:ting to*..he �J:�h��' Co�rt�i�i�iu�of t��+CQUrt
of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense,
delay and publicity of a formal accounting.
NOW, THEREFORE,in consideration of the mutual promises, covenants and agreements
recited herein,the parties do agree as follows:
1. Patricia A. Lunday, Mark T. Lunday,Kevin E. Lunday, and Brian J. Lunday.,do hereby
release and forever discharge Patricia A. Lunday,Executrix, from any and all liability which
she had or may have or which may from time to time arise in connection with her service as
Executrix of the Esta.te of Donald E. Lunday,Deceased, and hereby authorize and request the
Orphans' Court Division to charge the same against their shares of sa.id estate,and in
consideration for said distribution,hereby agree to refund any amounts so distributed which
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may be required to fully discharge any t�liability of the estate, debts of the decedent,or
administration expenses.
2. Each party to this Agreement acknowledges that this Agreement shall be indexed and
recorded in the esta.te proceedings and that the terms hereof shall be binding upon their
respective heirs, successors, executrixes, administrators and assigns.
� This Agreement shall be governed by the laws of tlie Commonwealth of Pennsylvania.
DATED this � r� day of J , 2013.
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Witness c' A. Lunday,Exec trix
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' e s Patricia A. Lunday,Beneficiary
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W�tness �,�-� Mark T. Lunday, Beneficia.ry
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u� i e "� � Kevin E. Lund , ficiary
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Witness Brian J. Lunday,Beneficiary
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OF
DC)NALD EUC�ENE LUNDAY .
I, DUN�AL,D EE.X"�lE LLI�AY, a legal resident af the �tate of Tenne�see
p�es�ntly on arctiv�e c�ty �itn t�e thiteci St�t�s A€�- ar�c �-,t.��o�r.�ec �-_
Pennsylvania, being of sound and disposi.ng mind and m�ry, da hereby
make, publish and declare thi� instrwnent to be my LAST WILL A1�ID �
TESTAN.�N�I'. I hereby revoke any and all wills and codicils by me
heretofore made.
I
IDEI�TIFIC:ATIONS AND DEFINITItJNS
I am married to MARIAN VIRGINIA LUNDAY, hereinafter referred ta as
"my Spouse." We have three children, MARK '1'�N1AS LUNT)AYr KEVIN EUC'�lE
I�.��A�' arxi B�RI�1N .74SEFH LLIrIDAY. Ref erences in t�h i s Will to "m� G*�:i lc ren��
include these three children and any other lawful children born to or
adopt+ed by me. Reference� in this �Till ta "my Minc�r C�ild�en" include
all of my children who are, at the t�une stated in the reference to them,
under the age of twen�Gy-two year�.
The following def initions obtain in an� use of the term� in this Will:
1. "De:���aants" mear�s t�e uun�diate ar�d remate lawf ul,
i in�eai c�sc„��ciar.t� of t�e per�oc: r ef e r red to, � i t
z�s tr�e cse����aar�.� �� �e ir� a� �'�*e t zme t�-�et,
�s� �e asaert�i►� i.� orc3er ta giv�e effe�ct �o t.�±e
reference t+o �,:�, w�hetl�er t�:� are bom befo=e or after
m�y c�eath or 4f any ot�her pe=svn. �he per�ans wt�a take
ucnd�r �his Will as Descendants shall take by right of
representation, in accordance with the rule af 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
::�ot �e aifferer�ti.�ted frcxr. �,o�c�c cesce�a�+-.� fOr �-���`
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t� �sst ��vi�re �e b� thirtY �3a�ys. If t�e ---�.--
perso�n referred to dies within thirty days of my death, '
the reference to him shall be construed as if he had
failed to survive me. �
3. As used in this Will, the words "F�ecutor," "he," "him,"
"his," and the like shall be taken as generic and
applicable to a natural person of either sex or a
corp�ra te p�erson or other 1 egal en ti ty.
II
PA�1T OF DEBTS AND T�'.S -
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:
l. 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 urunatured
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
F�ecutor shall not require any benef iciary 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 Fstate" 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 Cl�ildren, I give my Residuary Fstate 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 nat 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.
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A. 'I'he pri�mary pUrpcase of the trust established in the event that
I am not �urvived by my Spouse but am survived by Minor Children is
the suppart, maintenanee, welfare and educati.on af Minor C'�ildren.
Zb that end, the Trustee may accumulate and add to principal the
i.r_c:�cme f ran gr ir�+c ipal to the extent permi tted by �aw. He shall pay
c�r a�1y sucY� incc�mme as he elects not to accumulate to or for the use �
of Minor �hildren until the terminata.an of the �rust.
B, If the income and other funds available to Minor Children are
in,sufficient for the support, maintenance, welfare and education af
any one or mare of �hem, my Trustee may pay or apply for the benefit
of one or more Minor t�ildren so much of the principal of the trust �
as he considers necessary for the purposes af the trust. The trustee �
' need not distribute either income or principal from the trust in
eq�aal s�a�ces, anc3 he may exhaust the e��.ire income and pr incipal of
the trust far the benef it of one or more benef iciar ie�, to the
exclusion of the others, subject only to the prim�ary purpose stated
in Paragraph A af this Article.
�. Any and all gaYment or paym�nts of any sum or �ums, whether
: in cash or in kind and whether far 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, as�ignment, attachment, and gledge, and
free frc�m control by the creditors of any such beneficiary, All
shares of principal anc� income herein given shall be free from
anticipation, assigr�ment, pledge, or obligatic�ns of any beneficiary,
and shall not be subject to any executian or attachment.
. D. W'hen the last of my then living Minar C:hildren reaches the age
of twenty-two, the Trustee shall distribute th� r�nainder of the
principal and accumulated inc�ne c�f the trus� as �allows and the
trust shall thereafter terminate:
l. ane share to each of my Children then living.
2, one share �o be divided equally among the then living �
descendants of each of my Children who are not then living.
V
APPt�IN�T OF TRUSTEE
I appoint L'IC DENNIS GRE�DO, presently stationed at Cameron
StatiQn, Alexandra.a, Virginia, as Trustee of any trust establi�hed
under this Will. I request that my Trustee not be required to
furnish bond or securities.
VI
GUARDIAN
: If my Spouse �c�es nc��. survive me and it is necessary to appaint a
guardian for any one ar mare of my Children, I nominate LTC DIIII�INNIS
GR�D4 as guardian af the persan af each of my C�izldren wha requires
a guardian. I request that no sureties be required on the bond of a
guardian appc�inted unc�er this article.
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I ap�point �m�r Spouse, MARIAN V1L"R�INIA L�IDA'�', as Executor of thi�-��--
Will. If MARIAN tJIRGINIA L�JNDAY is unable or unwilling to serve in �
this capacity, I appoint my son, MARK TI�'.��f1�,S L�;�T17AY, to serve
instead. If MAI�i Z4�it�MAS LLJNDAY is unable or unwi.11ing to serve in �
this capacity, I appoint my Wife's brother, FRANK T. STRZ�, to
s��,�e i:�stead. I request that my E�ecutor not be required ta furnish
bond c�r securities.
VIII
POt+�iE��i.S OF FIDUCIARIF.S
My Executor and Trustee shall have the following powers, which
are to be construed in the broadest ma�nner cansistent with the
val�da.ty of this Will and with their duties as f iduciaries. �he
pow�ers stated herein are nQt intended to be exclusive, but shall be
i.n addi�ian to those granted by law and shall also pertain ta any
administrators or trustees wha succeed the fiduciaries I have
appointed in Articles V and VII abave. 'These powers are:
l. ta take possessic�n of property, to keep it safely,
and to aggregate it from other propert� owr�ed or
held by the f iduciary;
2. ta retain and to i,nvest in property, or an undivided
interest in property, including residential real estate,
fc�r any period, whether or not the property be of the
character permi�sible far investment by fiduciaries;
3. to sell, transfer, exchange, lease, ren�, mortgage,
: pledge, give c�ptions upon, partition and otherwise
dispose caf real ar personal property, at private
or public sale, for eash ar upon whatever terms the
fiduciary deems advisable, without notice ar order of
court;
4, to render liquid my estate, in whale or in part,
and to hold cash or readily marketable securities
flf little or no yield for such pera.od as my f iduciary
deems advisable;
5. to barrow in the name of my estate or of th� trust,
upan whatever terms and conditions and for whatever
periads my fiduciary deems advisable for the purpose
of preserving, protecting or improving property
held by him;
6. to pay, c�romise, c�djust� settler compc�und, renew
or abandon claims held by m� �iduciary and claims
asserted against my f iduciary, on whatever terms
he deems advisable, without prior court authority;
?. to distribute in cash or in kind, or partly in cash
and partly in ki.nd, in divided or undivided interest�,
notwithstanding the fact that distributive shares may
as a result be composed differently;
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t�t C"�ib�,� � ii■r '!�r �s �. '�t � �'!�'t�, ,.�<... '
�, �i,ent, ar�d t�o at�rtain ar�3 p�a�► fvr 1ife.
health, liability ar�d other forms of i.n..suraric� fa� ,
the beneficiaries of the trust, in his dis�:retion; .
9, to emplay attorney�, accountants, investment advi�ors
and other professic�nal assistants ?ncluding depositaries,
proxies, agents, and appraisers;
1�, t�o enter 1T'lt4 "t.r�T1�dC�'.3{}Tl� Wlth t�'thE'r f 1C�UC13rl�S
including executors or trustees of estates and trust�
in which my benefi.ciaries have an interest, and
including himself as f iduciary for ather esta�es and trusts;
ll. to engage -in the pc�wers necessary to the effective
ac�ministration of corporate securities, i�cluding,
: without limiting the generality af this p�►wer:
a, power to vote i.n person or by pro� upc�n all
securities held by the f iduciary;
b, povaer to engage in a voting trust or vating
a+greement with respect to se�urities;
c. pow�er to consent ar beco�me a party �o, or
participate in, mergers, consolidat�ion,
sales of asset�, recapitalization,
reorganizations, dissalutions or ather
alterations of corporate strueturer including
adju�tments in capital structure affecting
�ecurities held by the fiduciary, whether t�r
not these adjustments involve payments by or
: to the f iduciary; and
d, pawer to hold securities in unregistered form or
: in the ttame of a nominee.
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IN WITN�SS W��DOFr I have at --;
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this..�.�_day 4f ` �'�° , 1981, set my hand and
seal ta this my L�T WILL AND TE�TAM�EN`.�' consisting of f ive (5)
: typewritten pages.
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Signed, sealed, published and declared by the �e�tator, Dt)NAI�3
EUG� I;CTNDAY, as and for hi� La.st Will and Z�estamen�, in the presence
of us, who, at his request, in his presence and in the presence o�
each other, have hereunto subscribed c�ur names as witne�ses.
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(�}UNTY C}F �w.b��' �c�v� �
We, c�'`���L�'�°� �-/�.�t�-t� .,s , l����.���C �� � '!r ��r� �� , and
"G�5" �= � G`� f� � , on vath state:
We are the subscribing witnesses ta the attached written instrument dated
the �'�"�'`day of c?-�r r��� , 1981, which purports to be the La�t Will
of DONAT.� EUGEI�TE Z,U[�IDAY t""I�s ator") .
On this date 2�estator, in our presence, declared fi.he instrument to be his
Will, signed the instrwment in our presence, and requested that we attest his
execution thereof; whereupon, in the presence of �+estatar and of each ather,
each of us sigried our respective names as attesting witnesses. At �he time
of the executifln of the instrurnent Testator was over the age of 18 years and
appeared to be af saund mind.
This A�fidavit is made and signed at the request vf DQNfAL�} EU� LUNDAY,
Testator.
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: Subscribed and sworn to before me this �_.�day of Y���1Y``�� v' ,
.`1 1981. �
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MY CU1+�MISS��N ExP'�RES 1AN.34, 1984 :
Member,Pennsyluar:Ra Assnc�ation of tVotar�es �
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CODICIL TO THE WILL OF DONALD E. LUNDAY
I, Donald E. Lunday, residing at 624 Devonshire Drive, Carlisle, Pa., 17013, Cumberland
County, Pennsylvania, being of sound mind, memory, and understanding, do hereby make,
publish, and declare 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, Mark 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 Marian 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 .� `j Y da of
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i - , in the year of our Lord two-thousand and four.
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SIG'_vED: � '. ��%, � CL�_t �'- � �-
DO�i aLD E. LL�D_�1'. Testator
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
BOROUGH OF CARLISLE :
I, DONALD E. LtTNDAY, 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�Will and Testa ent; that I signed it
willingly; and that I signed it as my free and voluntary ac�lfor the os therein expressed.
SIGNED: ��� � � -
Donald E. Lunday; Testatb�
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On this,the �J day of �J v�'--'��"-- , 2004, before me, a Notary Public, the
undersigned officer, personally appeared DONALD E. LLJNDAY, 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 hereunt set my hand and offi ' al.
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1�'tY Cammi:s�an�'cpi�e'� Ss�t.6• �
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�FFID��"IT
CO�i,iO�«�E:�LTH C�F PE�+�'tiSYLV:�'�IA :
COL�TY OF C �.� :..•� �<�.� t��:�c�I :
BOROUGH OF CARLISLE :
The fore oin �;coi sistin of � ewritten page(s), was,
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on the ��� day of ��.,�,�-� , 200�, signed, sealed,published and declared by the
said testator as a codicil to his Last Will and Testament, and it is hereby acknowledged that said
testa.tor 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: .
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Witness Address
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On this, the ���f day of � ��'�-- , 200�, before me, a Notary Public, the
undersigned officer, personally appeared �-�.-�'t�.',� ��-. �..,�v�c���.�,�._. , 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 se .
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N 1�1����ry PUbi�
,` Gi+�bs�d OauMy
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Exphe� S�t.8,2�04
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�__�r this, the day of , 200_, before me, a Notary Public, the
undersigned officer, personally appeared , 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)
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