Loading...
HomeMy WebLinkAbout08-10-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of W. Minster Kunkel No. ~\- CJlo- 01\0 also known as Petitioner, who is 'I B years of age or older, applies for (COMPLETE "A" OR "B" BELOW:) , Deceased Social Security No. Carolyn L. Kunkel 473-36-7003 ~ A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated December 20,2001 and no codicil(s) State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: No exceptions o B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante rninoritate) 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: I Name Relationship Residence I . . (COMPLETE IN ALL CASES:) Attach additional sheets If necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 637 Bridqeview Drive, Borouqh of Lemoyne, Cumberland County, Pennsylvania (list street. number and municipality) , 2006, at 537 Bridqeview Drive, Borouqh of Lemoyne, Cumberland County, Decedent, then Pennsylvania 82 years of age, died July 21 (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property ........................................................................................... $ 550,000.00 {If not domiciled in PAl Personal property in Pennsylvania......................................................................$ 0.00 {If not domiciled in PAl Personal property in County................................................................................ $ 0.00 Value of real estate in Pennsylvania ............................................................................................................................ $1.450.000.00 Total.................................................................................................................... $2,000,000.00 Real Estate situated as follows: 537 Bridqeview Drive, Borouqh of Lemovne. PA: Lake Meade, PA: Fishinq Creek, PA Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: c 'i C:C~-' Signature Typed or printed name and residence ~. Carolyn L. Kunkel 537 Bridgeview Drive Form RW-l Page 1 of 2 (Dauphin County)..fR. ev: 9192 ~ tJ ~_J ; ,; Lemoyne, PA 17025 J '_ .' '." 616542.1 Oath of Personal Representative Commonwealth of penngYlvania County of ~ \.>\''\\~\~i\" The Petitioner(s) above-named swear(s) and 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 and affirmed and subscribed 1 {I... ~ + d:~L before me this ~ day of C\..:'--' l~r uJ 20cl -. . ':\ .h. Ql..}Y'-.v~;'-i- (:4'r\..Lk-Jl~~b~ Cj 1 I -~ - No. Estate of J.\ Ol9 Q\\-a t~ {'{\ \\~~{ 'Y1W\ \t\e( Deceased Social Security No: ~\ ~ ~lc It(>S Date of Death: , '1 a \ d-.otlo AND NOW, \lJ (~~'::,\ ,20 DltJ ,in consideration of the Petition on the reverse side hereon, satisfactory proo aving been presented before me, IT IS DECREED that Letters Ij4 Testamentary 0 of Administration Qa ~ ~ L \-\U_I\k.~ are hereby granted to d.b.n.c.\.; pendente lite; durante absentia; durante minoritate in the above estate and that the instrument(s) dated fWCf?A,'I'bQ( d-U ~o.) I described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters."........................ . .-- Short Certificate( s).. ..~.... Renunciation................. . Affidavit ( )................. Extra Pages ( )............ ~,......W.,\\......... JCP Fee........................ Inventory...................... . Other..... J:\:\\'w............ TOTAL................ Form RW.1 PCll;le 2 of 2 (Dauphin County) - Rev. 9/92 $\\loO ,oC . ~)J\.Qj~ ~ ~f)~XV_.J.c " Register of Wills f1l-^-C?i:- $ J..O .OD $ $ $ $ 1'-) 00 $ \v vb $ $ ,;.6l> Attorney: Lawrence B. Abrams, Esquire 1.0. No: 18028 Address: Rhoads & Sinon LLP, PO Box 1146:, 1 South Market Square, Harrisburq, PA 171tm-1146 Telephone: 717-233-5731 $ 1;\ \0 O~ s\\()\c~ ~,j ], ....;'11" " , I' \. ! 1 ~ '. W AF1NiNCi !t is illegal to duplicate trns copy photostat or 12626069 'r; . !l'l"/;ll~l t~.~.k' :'-(:~"" ~ "<":tl~J1 E >~ 1 "'-,,',' ,~"-"" ~ t2n."P___. ;~ /; .,'..- "(\ p JUL .2 52U05 0.\ -D10-l:Jl\U ~,--\ y 0212006 ~INTIN NENT INK 1. Name of Decedent (First, middle, last, suffix) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH r-:) c::: 82 5/19/1924 Harrisburg, PA Kl Residence 0 Other - Specify: 10. Race: Amencan Indian, Black, VVhite ete (Specify) William Minster Kunkel, M.D. Y~ 6. Date of Birth Month, da, ear 7, Birth ace Ci 5. Age (Last Birthday) 8b County of Death 8<1. Foolity Name (If not institution, give streeland number) Cumberland Lemoyne 11 Oecedenl's Usual Occupatiorl f(jrd of wor\( done during most of working life. Do not stale retired.) Kind of Wori< Kind of Business I Industry Surgeon Medicine 16, Decedenfs Mailing Address (Street. city I town, state, zjp code) 537 Bridgeview Dr. Lemoyne, PA 17043 537 Bridgeview Dr. 12, Was Decedent ever In the 13, Decedenfs Education (Specify only highesl grade completed) U,S. Armed Forces? Elementary / Seoondary (0-12) College (1-4 or 5+) l:5I.ves ONo 12 + 12 Decedent's Actual Resklence 17a. Sl~te P A 17bCoun~ Cumberland white 14, Marital S1atus: Married, Never Married, Widowed, Divorced (Specify) 17c.D Yes,DecedenlUvedin 17d.fi ~~~~~ved within Two. Lemoyne City/Bom 18 Fatller's Name (First middle, lasl,suffIx) 19. Mo{he(s Name (First, middle, maiden surname) 20a. Informanl's Name (Type I Print) Dr. W. Minster Kunkel, Sr. Carolyn L. Kunkel Katharine Smoot 20b. Informant's Mailing Address (Street, city f town, stale, zip code) 17043 22c. Name and Address of Facfllty Parthemore Funeral Home & C':emation Svcs.NewCumberland,PA 17070 Approximate interval: Onsel to Death 28. Did Tobacco Use Contribute to Death? DYes OProbably o No 0 Unknown 29. If Female' o Not pregnant within past year o Pregnantattimeofcteath o Not pregnant, but pregnant within 42 days of death o Not pregnant, but pregnant 43 days 10 ' year of death o Unknown IT pregnant within \he past year 32c. Place of InjUry: Home, Farm, Street, Factory Office Building, etc. (Specify) & Part II: Enter othef silnificanl conditions conlribl.ltino to df'J'lth but not resulting in the underlying cause given in Part I. :~Ttf:~~;ffi~~~; J::\ dise~:;.. Sequentially lisl conditions. if any, ~~:~~ ~~~~L~~n~~USE (disease or injury tI1atiniliated \he events resulting In death) LAST. j\L j<L/L--L o Yes 0 No 31. Manner of Death J( Naturai 0 Homicide o Acddenl 0 Pending Inves~gatlon o Suicide 0 Could Not be Determined 32b, Describe How Injury Occurred: 308, Was an Autopsy Performed? 30b, Were Autopsy Findings A~aIIable Poor to Completion of Cause of Death? Dyes )if'"' 32d. Taneoftnjury Kunkel, M.D. Church Rd., #210 Cam Hill, PA 17011 M 321'. If Transportation Injury (Specify) o Driver I Operalor o Passenger Oo~"-s~ 33b, Signatureil,~d TiUe 01 32g. Location of Injury (Street, city f town, state) 33a. Certifier (check only one) ;:~~'t::~~~8knn~~~~~:~ d~;~C~~~~ ~~~e=~~::~~)e~~~~~~~e~~s~~~ ~e_~ ~n~ ~:~_e~_lt~~ 2~)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _..D It- ~~Ot~~U~;~~~,a: ~~:~~~~:,hJ:~~~a~~~~~~~~ ~:t~~~~~~~;n~e:i:c~~da~rti~:gt~t:u~:u~e~~~~d manner as stat~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JJ 33c ~~~c:~';~sm~~::~;f~~t~~~ and I or investigation, in my opinion, death occurred at the time, dAte, and place, and due to the cause(s) and manner as stat!C!. _ JJ I'':; 1/1"-"'11/1/ I LAST WILL AND TESTAMENT OF W. MINSTER KUNKEL I, W. MINSTER KUNKEL, of the Borough of Lemoyne, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to Carolyn L. Kunkel (hereinafter referred to as "My Spouse") and the children born of our marriage are W. Minster Kunkel, II, Elizabeth K. Davis, John C. Kunkel, Deborah K. Facini and Paul A. Kunkel. 1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to My Spouse, if My Spouse surVlves me. If My Spouse does not survive me, I give such articles to my children living at my death in as nearly equal shares as they shall select under the supervision of my Executor. Any cost of packing and Page 1 of 14 Pages 410793.1 shipping said personalty to the beneficiaries, including lnsurance, shall be paid by my Executor as a general administration cost. If any such articles cannot be fairly divided or distributed in kind ln the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. BEQUEST. I give and bequeath the sum of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) to TRI NGUYEN, now of Mechanicsburg, Pennsylvania, if he surVlves me, for whom I have long had great affection. 3. RESIDUE. (a) I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to My Spouse, if My Spouse survives me. (b) If My Spouse disclaims all or any portion of the bequest to My Spouse under paragraph (a) of this ITEM 3, I give and bequeath said disclaimed property to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with ITEM 4 for the benefit of My Spouse and my issue (herein referred to as the "Unified Credit Trust") . (c) If My Spouse does not survive me, I give, devise and bequeath all the said rest and residue of my property to my issue living at my death, per stirpes; provided, however, that if any such issue shall not then have attained the age of twenty-five years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 Page 2 of 14 Pages for the benefit of each such issue (the "Grandchild's Trust"). 4 . UNIFIED CREDIT TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and (a) Beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Spouse during My Spouse's lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay to My Spouse such amounts of the principal of such trust as, in the sole discretion of my Trustee, shall be necessary for the malntenance, support and medical and nursing care of My Spouse, taking into consideration any other means readily available for such purposes. My Spouse shall have the exclusive and unrestricted right during My Spouse's lifetime to occupy or otherwise use any residence held wholly or partially in this Trust and the Trustee shall, at the request of My Spouse, sell any interest in any residence held in this Trust and may use the proceeds for the purchase of another residence for My Spouse's use or for investment in income producing property, as My Spouse may direct. (b) Upon the death of My Spouse, my Trustee shall distribute the principal and any undistributed income of the Unified Credit Trust to my issue then living, per stirpes; provided, however, that if any such issue has not then attained the age of twenty-five years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such issue (the "Grandchild's Trust") . 5 . GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and Page 3 of 14 Pages (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Grandchild the net income derived from the Grandchild's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Grandchild's Trust the Grandchild shall have then attained the age of thirty years or if the Grandchild shall thereafter attain that age, my Trustee shall distribute outright to the Grandchild the then remaining principal of the Grandchild's Trust. (d) If a Grandchild shall die before final distribution of the assets of the Grandchild's Trust is made, the then remaining principal and any undistributed income of the Grandchild's Trust shall be distributed to the Grandchild's issue then living, per stirpes; or if the Grandchild shall have no issue then living, to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, to my issue then living, per stirpes; provided, however, in any event, if any such beneficiary is then a beneficiary of a Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Grandchild's Trust, as the case may be, as if an Page 4 of 14 Pages integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. 6. PERPETUITIES PROVISIONS. Nothing herein lS intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me, I~y Spouse and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute In and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion or otherwise. 7. SPENDTHRIFT PROVISION. No interest In income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and Page 5 of 14 Pages without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 8. SURVIVAL PRESUMPTIONS. Any person, other than My Spouse, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. If ]~y Spouse and I shall have died at the same time or under such circumstances that it is difficult or impossible to determine who shall have died first, My Spouse shall be deemed to have survived me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 9. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. Page 6 of 14 Pages (b) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem Wlse. (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of Page 7 of 14 Pages my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nomlnee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To divide any trust hereunder into two or more separate, but identical, trusts. To divide any trust hereunder which would have a generation skipping transfer tax inclusion ratio other than one (1) or zero (0), into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust is that fractional share of the total trust fund that has a generation skipping transfer tax inclusion ratio of zero (0), and the nonexempt trust is the remaining fractional share of the Page 8 of 14 Pages trust, with a generation skipping transfer tax inclusion ratio of one (1). The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to a trust created under this Will, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustee shall maintain adequate accounting and records for both such trusts. My Executor shall indicate on the federal estate tax return filed for my estate that separate trus~s will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (0) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (p) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 10. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any Page 9 of 14 Pages beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 11. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate; provided, however, that if any property held in any testamentary or inter vivos trust created by My Spouse lS includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property; and, if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. Page 10 of 14 Pages 12. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to recelve any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint My Trustee hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 13. TRUST TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust. (b) If, in the opinion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, in my Trustee's sole discretion and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. 14. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I hereby authorize my Executor in my Executor's sole and absolute discretion to allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate. I recognize that this power gives my Executor broad latitude which I wish my Executor to exercise while taking into Page 11 of 14 Pages account such factors as my Executor deems beneficial to all of the beneficiaries of my estate. My Executor shall not be liable for any loss to my estate or to any beneficiary of my estate resulting from such allocation made in good faith. 15. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, CAROLYN L. KUNKEL, as Executrix of this Will. If for any reason I~y Spouse should fail or cease to act, I appoint my son, PAUL A. KUNKEL, and my daughter, DEBORAH K. FACINI, as Co-Executors. If either of my said children should fail or cease to act, I name JOHN C. KUNKEL, as Co-Executor in his or her place. All references in this Will to my "Executor" shall refer to my originally named Executrix, or to my successor Co-Executors, as the case may be. 16. TRUSTEE APPOINTMENT. I hereby appoint My Spouse, CAROLYN L. KUNKEL, and PAUL A. KUNKEL, as Co-Trustees of any trust created hereunder. If either My Spouse or my son should fail or cease to act, I appoint my daughter, DEBORAH K. FACINI, as Co- Trustee in his or her place, and if either of them should fail or cease to act, I appoint my son, JOHN C. KUNKEL. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder, such Trustee shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary Page 12 of 14 Pages or to his or her lssue; or (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS". An individual Trustee shall be deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating physician of said individual Trustee shall certify in writing that such Trustee possesses permanent mental or physical incapacities which preclude such Trustee from discharging his or her duties as Trustee hereunder. If there is ever only one Trustee serving hereunder and no successor lS herein named, such sole Trustee may, by written notice directed to the life tenant and the Trust, designate his or her successor(s) or Co-Trustee(s) to serve with him or her, any such designation to be effective without court approval. Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references in this Will to my "Trustee" shall refer to my originally named Co-Trustees or to my sole successor Trustee, as the case may be. 17. WAIVER OF BOND; FIDUCIARY FEES. My Custodian, Executor and Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate Page 13 of 14 Pages fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding t:hirteen (13) pages, this "> ( :\ da y 0 f _ I) I ~L~~~~~____ 2001. ~_~~,_C\ '~y~~~~li~~L-\L ~_ (SEAL) W. Minster Kunkel We, the undersigned, hereby certify that the foregoing vJill was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. i l ,'t.f "V (SEAL \ _____~-------~~~~~---- I i i ._~Ii. ,/ I (,-./:'("(.'4 (I iL:~-=.._( SEAL) Residing at :..:....4...~~-'-'..:....'.:::....'::.:.~~_~_! ,r~~.:f~~~~-!~_~______~~ Residing at:ill~_~~~~_~~\ ~{ ;.} \! I iCCU (t <" t "ft --------T--------------------- Page 14 of 14 Pages COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF We, W. MINSTER KUNKEL, ..'t\ 'r ,;.' and \ ( ( , '" I . 1 /"_.' i the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and Testament, that he signed voluntarily, that each of the witnesses, ln the presence of the Testator and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. tI '- \..\...' c" L\... \ ~'\ ~'-- c,,_ C ~_ ~:\...L \,~ W. Minster Kunkel t., .,t t Wi tness < ! fflt~~~~~ . j 1~',lC(: ('\, (.. --- Subscribed and acknowledged before me by W. MINSTER KUNKEL, the Testator, and subscribed and sworn to before me by "'/\,i !'... <_1 -: ,..-.; and <<"'-if',{ 'it'l" I."" 'i,.A.;, the witnesses, on this ----1_ day of \, C {, '- i', I, 2001. l (r' r ( ,',L . ' \, \. Notary ~Ublic My Commission Expires: (SEAL) 1---~indY L ~~~~,I ~~~-~-;~:I:-' ----I I Harrisburg. Dauphin County i My Commission Expires Dee, 2. 2002 Member PennsvlVanla ASSOCiation "t [\ln~8f1,"