HomeMy WebLinkAbout11-08-07
PETITION FOR PROBATE AND GRANT OF LETTERS
Register of Wills of Cumberland County, Pennsylvania
Estate of
ANTHONY S. KERTULlS. SR.
a/kla ANTHONY S. KERTULlS
Deceased
FileNo.
Social Security No.
~ \ b"\ lD)c;
164-30-4403
BARBARA E. KERTULlS
Petitioner, who is 18 years of age or older, applies for:
(COMPLETE "A" OR "B" BELOW:)
0' A. Probate and Grant of Letters Testamentary and aver that Petitioner is the
named in the Last Will of the Decedent, dated MARCH 4th, 2003 and codicil dated
Executrix
August 12. 2005
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 instrument(s) offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person:
D
B.
Grant of Letters of Administration
(if applicable. enter: c.I.a.; d.b.n.c.t.a.; pendent elite; durante absenti~;:durante minoritate
Relationship
Residence,:
I Name I
(COMPLETE IN ALL CASES): Attach additional sheets if necessary.
1
C_
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his last family or principal residence.;m
G~.
111 Center Street. Enola. East Pennsboro Township. Cumberland County. Pennsylvania
(List street. address. town/city, county. state. zip code)
Decedent, then
68
years of age, died on
AUGUST 7. 2007
at 111 Center Street. Enola. Cumberland Co.. PA
(location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property.....................................................................$
(If not domiciled in PA) Personal property in Pennsylvania.....................................$
(If not domiciled in PA) Personal property in County....................................................$
Value of real estate in Pennsylvania ......................................................................................................................$
T otal......................................................................................................... $
650.000.00
650.000.00
Real Estate situated as follows:
Wherefore. Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of
Letters in the appropriate form to the undersigned:
Signature Tvoed or orinted name and residence
'l3CVLt cttK- (' ~~ BARBARA E. KERTULlS
111 Center Street
Enola, PA 17025
i.")
Oath of Personal Representative
I
,.,- "
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
c
The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the
Decedent, Petitioner will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
Before me this 8 day of
~~'02-r ,2007.
~~J---
9!6:vd(2{,,- C~
BARBARA E. KERTULlS .
FileNo.
~ \ D'l \D\S""
Estate of
ANTHONY S. KERTULlS. SR. a/k/a ANTHONY S. KERTULlS
, Deceased.
Social Security No: 164-30-4403
Date of Death:
AUQust 7. 2007
AND NOW, Nt)\'i~f<\~r ~ ,2007, in consideration of the foregoing Petition, satisfactory
proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to
BARBARA E. KERTULlS in the above estate and that the instruments dated March 4. 2003
and Auaust 12, 2005 described in the Petition be admitted to probate and filed of record as the Last Will and
Testament and Codicil of the Decedent.
FEES
S'8>tJ cO
Letters...~~.(~ $
D $ Uf'...oC
Short Certificate(s) \ ,\..I
Renunciation.............. $
Midavit ()..~.\~L. $ \ ~
Extra Pages ()....... $
CodiciL.......................... $
JCP Fee..~..fu~. $ \ S
Inventory...................... $
Other.............................. $
TOT AL......... $ 5 '8:~
~~~~d,P
Register of Wills
Attorney Signature: ~!:J~
Attorney: EDMUND G. MYERS
1.0. No: 20558
Address: Johnson, Duffie. Stewart & Weidner,
301 Market Street, P.O. Box 109. Lemovne. PA 17043-
Telephone: 717-761-4540
>
;\'
HI05.905MS REV. 6/06
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records In accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
/!.~ ~ d
Cd(5 ""'-7 (Y~~ ffWlfOL
No.
Frank Yeropoli
State Registrar
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
1147379
AUG 1 6 2007
Date
H105-143 REV 1112006
lYPE J PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
Decedent's
ActuaIAesldence 17a.SIaIe
13. Decedent's Education (Specify only highest grade completed)
Elementary I Secondary (D-12) College (1-4 Of 5+-)
12
Pennsylvania
Cumberland
\ 0'\ \D
~.
5. Age (Lul B1rlhc1ay)
6. DaIf of Birth (Month,
7._(
68v~
8b. County of O&ath
April 7, 1939 Plymouth, PA
Sd.FaclltyNllme(llnatinstilutlon,glvestrelltandnumbet)
111 Center street
11. Decedllflfs Usual Occu lion Kind of work done W mos1 of lie. Do not sIaIe
Ki1dofWork KntalBusiness/lndustry
Owner Sign Canpany
. 16. Decedenfs Mailflg AckIress (SIreel:, city I town, date, zip code)
12. Was o.:.dent ever In the
U.s. Armed Forces?
~.. ONo
1-4. MarttaI &atus: Married, Never Married,
Widowed, Divorced {~
Married
111 Center street
Enola PA 17025
17b. County
~Il~ 17c. ritV9S, Decedent Lived in East
Town~? 17d. 0 No, Decedent lived within
Actual LinRs of
Top.
Clty/Bom
18. Father's Name (Fnt, middle, Iaet, SIJIlx)
Sim:>n J. Kertulis
2Oa. Infonnant's Name (Type I Print)
Barbara Kertulis
. 21aMe~ofOlSpOSillon DCrernetIon DOonldIon 21b. Date afDisposition (I.klnth,day, year)
~ Burial 0 Removal from Slate Was CnlInlItIon 01' Dondon Authorized
00"."._'. by__IC'_ Dv..DNo Au
or person acing as such) 22b. Ucense Number
19, MoIher's NlllTIlt (ArsI, middle, maiden surname)
Katherine Rish
2Ob. Informant's Malling Address (Street, city I town, state, zip code)
111 Center Street Enola,
21c. Place of DisposIliDn (Name 0( cemetery, crematory or oIher piece)
PA
'-
1t8ms24-26lT11JStbecompletedbypelBOO
whopronoLllC88dea1h.
24Tkneor~
Mechanics
22c. Name and Addl1lSS of Faciity
zzi Funeral Heme
o
w
~
~
~
j
-+-
\.
\l
~
2. ,.. .~
.lc:.
28. Dld~~ContributeIoOeath?
O~"JI'"."-
o No 0 U"known
29. II Female:
o Not pregnant within past year
o PregnMt at time 01 death
o Notpregnant,butpregnantwllhin42days
"'..""
o Not pregnant. but pregnant 43 mys 10 1 year
"""'<lea'"
o UnknlMn II ~anl within the pest year
32c'~~~:r~jStreet,Factory,
CAUSE OF DEATH (See inetructlon. .nd . mptes)
Item Zl.iPal1 1: Enter the ~-c:i8eases. injuries, or oomplicdons-1hII tiredly caused the de8lh. DO NOT anlertenninal events such as cardiac anest,
resplralory arresl, or YIl'ltrIcuIar flbltlation wilhout sIlowi1g the etiology. Us! only one cause on each line.
="~~*,=i'j,,~ H e1fJ..J-brt/C f>(;..V1()l'~frL CQ-MC-M""
Due to (or as a consequence of):
Approximate interval'
Onsel to Dealh
Part II: Enter other similicant oorKiIionsmntritMino 10 death,
but not resulting in the undertying cause given in Part L
~~I='~~a.
Ent8rhl UNOEfILVINQ CAUSE
=.:r:w.=mr"."
b.
Due'l:l (or as a consequence of):
Due to (or as a consequence of):
3Oa,W8lianAutopsy
Pert"""""
DYes ~
d.
3(l),wereAulopsyFIf1lIngs
Available Prior 10 Completion
01 Cause of Death?
Ov" ON'
31.~rofDeath
\iII'_oaI 0-
DAccident DP9ncinglnvestigatlon
Osuw. OCo"'Nolbe~"'"
32d. TIme 01 Injury
M.
321. If Transportation Injury (Specify)
o Driver / Operalor 0 Passenger 0 Pedestrian
Other - Spdy:
33b. Signature and Tille of Certili8r
/I,D.
33d OoI.S_ lMoo;'/7'/ ) IT1) 7
338. Certifier (dIeck only one)
CertIfying physk:lan (Physician certifying Cluse of dealh when anolh8r phy5iclan 1m pronoln:fld death and completed Ilem 23)
Tothebestofmyllnowledge,deI1hClCCUrredduttothe'**C1)and l'I\lIlIftII'uata1ed.-.. __ ___.. __.. __ - _.. __ ___ ___ - ----- ---
==~~ ~~:C:=~~ti::W~~=ot~:'~~~~ rnlnneras stltecL __.. _ __ _____ __ _ __.. 0
~=~~":* ~c:~ anell or Investlgetlon, In my opinion, deaIh 0CCUI1'eCI at the time, dlIte, and place, and due 10 the Clluu(I} and INInner u Itated_ D
1 ~ I I k:01l I 101...1
D;'po'tiooP.~,No 0 ClS-OC70
34. Name and Address of Pef$On Who Completed Calj58 of Dealh (lIem 27) Type / Pool
L..;tM r'''1; Lr.....,
JO r j..fJ., J-f' ype-l ~ L-ev-... .. ~
r) It- t7 D l./ .J
C.I:')
c~
0.,
mast )ltfIill aub Wtstamtu{)Q
"1
F __')
OF
ANTHONY S. KERTULIS
t.;
, I
,-, ,
I, ANTHONY S. KERTULIS, residing in the Township of East Pennsboro, Cumberland County,
Pennsylvania, declare this to be my last Will and revoke any Will previously made by me.
ITEM I: DEBTS: I direct the payment of all my debts and funeral expenses, including a grave marker
and all expenses of my last illness that my estate is legally obligated to pay, shall be paid from my residuary
estate as a part of the expense of the administration of my estate.
ITEM II: TANGIBLE PERSONAL PROPERTY: I give all my tangible personal property, including,
but not limited to, any and all automobiles, furniture, furnishings, china, silverware, jewelry, ornaments, works of
art, books, pictures and wearing apparel, together with all policies of insurance thereon, to my wife, BARBARA
E. KERTULIS, if she survives me by thirty (30) days. If she does not survive me by thirty (30) days, then I give
all of said tangible personal property, but excluding that tangible personal property which is a part of Penn Sign
Company business, to those of my children who survive me by thirty (30) days, to be divided equally among
them, as they may agree, or, in the absence of agreement, as my Executrix or Executor (hereinafter Personal
Representative) in said personal representative's sole discretion may determine. Should my Personal
Representative determine to sell said articles, the proceeds thereof shall be added to my residuary estate. My
Personal Representative may, without further responsibility, distribute property passing to a minor under this
paragraph to the minor or to a person to hold for the minor. If neither my said wife nor any of my children
survive me by thirty (30) days, this bequest shall lapse.
While this bequest is absolute, it is my wish that any memorandum I may leave addressed to my personal
representative indicating my desire with respect to the disposal of these items, or any of them, shall be regarded.
Notwithstanding the exclusion ofthat tangible personal property which is a part of Penn Sign Company business,
1
if said memorandum involves an item or items of that business, I want said memorandum to control the
disposition of said item or items.
ITEM III: DISPOSITION OF ESTATE IF WIFE SURVIVES ME: I devise and bequeath all the rest,
residue and remainder of my estate of every nature and wherever situate as follows:
A. If my wife, BARBARA E. KERTULIS, survives me (and I direct that for purposes of this Item
of my Will she shall be deemed to have survived me unless it appears unmistakably that she
predeceased me), and if the federal estate tax due because of my death will be reduced by making
this gift for her benefit, I give, devise and bequeath to my wife, BARBARA E. KERTULIS,
absolutely, the least amount (based upon values as finally determined for federal estate tax
purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the
federal estate tax to the lowest possible figure after full use of all other deductions and credits
allowable in calculating the federal estate tax, except that such amount shall be calculated without
regard to the augmenting of my taxable estate by reason of generation skipping transfers and
without regard for any credit for state gift taxes that would not otherwise be payable.
Accordingly, I direct that:
1. If the marital deduction, or any other similar benefit, is allowable with respect to any
property, including property held by entireties, which my wife, BARBARA E.
KERTULIS, has received prior to my death or at my death will receive otherwise than
pursuant to this Item Ill, the value of such property shall be taken into consideration in
calculating the size of the gift under this Item III A.
2. No property ineligible for the marital deduction, or any similar benefit, shall be distributed
to this gift for my wife, BARBARA E. KERTULIS, pursuant to this Item III A.
3. Either cash or investments or both may be allocated to any gift under this Item III A.
2
4. Any property allocated under this Item ill A in kind shall be valued at the value which it is
finally included in my gross estate for federal estate tax purposes provided that the
aggregate market value thereof on the date of allocation (plus the value as finally
determined for federal estate tax purposes of all other property qualifying for the marital
deduction) is at least equal to the dollar value of the marital deduction as finally
determined for federal estate tax purposes.
5. If any provision of my Will shall result in depriving my estate of the marital deduction for
federal estate tax purposes, such provision is hereby revoked and my Will shall be read as
if any portion thereof inconsistent with allowance of the marital deduction for federal
estate tax purposes is null and void.
B. The balance of said rest, residue and remainder of my estate I give, devise and bequest, IN
TRUST, to the Trustee designated in Item IX of this my last Will. Said trust shall be known as
the Barbara E. Kertulis Trust and shall be for the following uses and purposes:
1. To pay the net income therefrom at least as often as quarter-annually to my wife,
BARBARA E. KERTULIS, for and during her life time. Any undistributed income at
the time of my wife's death shall be distributed to my wife's estate.
2. As much of the principal of this Trust as Trustee in its sole discretion may from time to
time think advisable for my wife's, BARBARA E. KERTULIS, support in her
accustomed manner of living or during illness or emergency shall be either paid to her or
else applied directly for her benefit by my Trustee after taking into account other readily
available assets and sources of income.
3. Trustee may apply the net income of this Trust for the support of my wife, BARBARA E.
KERTULIS, should she by reason of age, illness or any other cause in the opinion of my
Trustee be incapable of dispersing it.
3
4. Upon the death of my wife, BARBARA E. KERTULIS, the remaining principal shall be
distributed pursuant to the provisions of ITEM IV hereof as though my wife failed to
survIve me.
ITEM IV:
DISPOSITION OF ESTATE IF WIFE FAILS TO SURVIVE ME.
A. ONE-QUARTER INTEREST IN PROPERTY LOCATED IN ABBOT TOWNSHIP, POTTER
COUNTY.
Should my wife, BARBARA E. KERTULIS, fail to survive me, I give, devise and bequeath my
one-quarter interest in property located in Abbot Township, Potter County, which was jointly
owned by me and my wife, to my son, ANTHONY S. KERTULIS, JR., providing he survives
me.
B. PENN SIGN COMPANY/REST, RESIDUE AND REMAINDER.
1. UNINCORPORATED/JOINTLY OWNED. My wife and I are joint owners of an
unincorporated business trading under the fictitious name of Penn Sign Company. For the
purpose of assisting in the identification of Penn Sign Company assets, my wife and I
have prepared a document entitled "Penn Sign Company - Inventory" which lists the
present assets of Penn Sign Company. Assets and accounts thereon subsequently replaced
by other assets or accounts are assets of Penn Sign Company. Any doubt as to whether an
asset is a Penn Sign Company asset shall be determined to be a Penn Sign Company asset.
This "Inventory" or a photograph thereof shall be kept with this Will.
2. VALUE OF PENN SIGN COMPANY LESS THAN ONE-FOURTH OF TOTAL
V ALUE OF REST, RESIDUE AND REMAINDER. If my wife, BARBARA E.
KERTULIS, fails to survive me and the value of Penn Sign Company, as determined for
Federal Estate Tax purposes, is equal to less than one-fourth of the value of the rest,
residue and remainder of my estate (including the Penn Sign Company assets), and if prior
4
to the one hundredth twentieth day following my death, my son has given written notice to
my estate that he wants the Penn Sign Company assets, I give all the rest, residue and
remainder to my children, KAREN J. STEVENS, ANTHONY S. KERTULIS, JR.,
KIMBERLY J. POTTS, and GINA KERTULIS, provided, however, ANTHONY S.
KERTULIS, JR., share shall include a distribution in kind of the assets of Penn Sign
Company.
3. VALUE OF PENN SIGN COMPANY GREATER THAN ONE-FOURTH OF TOTAL
VALUE OF REST, RESIDUE AND REMAINDER. If my wife, BARBARA E.
KERTULIS, fails to survive me and the value of Penn Sign Company, as determined for
Federal Estate Tax purposes, is greater than one-fourth ofthe value of the rest, residue and
remainder of my estate (including Penn Sign Company assets), and if prior to the one
hundred twentieth day following my death, my son, ANTHONY S. KERTULIS, JR.,
has given written notice to my estate that he wants the Penn Sign Company assets, I give
and devise said assets to my son, ANTHONY S. KERTULIS, JR., provided he gives my
estate a note and mortgage assignable, prepayable and interest free. The mortgage to be
secured by 650 Enola Road, Eno1a, Pennsylvania. Note shall be payable monthly over
thirty (30) years. The amount of said note shall be the difference between the value of the
Penn Sign Company assets and the value of one-quarter CI4) of the rest, residue and
remainder, including Penn Sign Company assets. Example: Assume that the value of the
Penn Sign Company assets if $1,146,000. Assume that the value of the rest, residue and
remainder of my estate, including the Penn Sign Company assets, is $2,000,000. One
fourth of said $2,000,000 is $500,000. Difference between $500,000 and $1,146,000 is
$646,000. The amount of the note is $646,000. Hereinafter said amount is referred to as
the difference.
My estate shall give a special warranty deed for 650 Eno1a Drive and title to all
assets of Penn Sign Company. Any doubt as to whether an asset is an asset of Penn Sign
Company shall be determined to be an asset thereof In lieu of the said mortgage and
note, my son, ANTHONY S. KERTULIS, JR., may pay said difference to my estate.
5
Said mortgage and note shall be assigned to my daughters, KAREN J. STEVENS,
KIMBERLY J. POTTS, and GINA KERTULIS. I give and devise the rest, residue
and remainder of my estate (not including Penn Sign Company) to my daughters,
KAREN J. STEVENS, KIMBERLY J. POTTS, and GINA KERTULIS.
4. SON ELECTS NOT TO RECEIVE THE ASSETS OF PENN SIGN COMPANY. If my
wife, BARBARA E. KERTULIS, fails to survive me and my son, ANTHONY S.
KERTULIS, JR, does not elect to receive the assets of Penn Sign Company or fails to
comply with the requirements of Paragraph B-3 of ITEM IV hereof, said assets shall be
liquidated, I give and devise all the rest, residue and remainder to my children, KAREN
J. STEVENS, ANTHONY S. KERTULIS, JR., KIMBERLY J. POTTS, and GINA
KERTULIS.
ITEM V: DEATH TAX PROVISION IF WIFE SURVIVES: If my wife, BARBARA E. KERTULIS,
survives me, all federal, state and other taxes payable because of my death, with respect to property forming my
gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in
connection with such tax shall be considered a part of the expense of the administration of my estate and shall be
paid from that apart of my residuary estate passing under Item III B. hereof without apportionment or right of
reimbursement. All such taxes on present or future interests shall be paid at such time or times as my Personal
Representative may think proper, regardless of whether such taxes are then due.
ITEM VI: DEATH TAX PROVISION IF WIFE FAILS TO SURVIVE ME: Should my wife,
BARBARA E. KERTULIS, fail to survive me, all federal, state and other taxes payable because of my death,
with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will,
including any interest or penalty imposed in connection with such tax shall be considered a part of the expense of
the administration of my estate and should be paid from my residuary estate passing under Paragraph B of ITEM
IV hereof without apportionment or right of reimbursement. All such taxes on present or future interest shall be
paid at such time or times as my personal representative may think proper regardless of whether such taxes are
then due.
6
ITEM VII: SPENDTHRIFT PROVISIONS: The interest of the beneficiaries hereunder or the
beneficiaries of any Trust created herein shall not be subject to anticipation or to voluntary or involuntary
alienation.
ITEM VIII: POWERS OF FIDUCIARIES:
A. APPLICABILITY. The provisions of this ITEM shall be applicable (unless the context clearly
requires otherwise) to the administration and management of my estate and each fiduciary
account created under this Will, and the terms "Fiduciary" or "Fiduciaries" shall mean whichever
of my Executors, Trustee or other fiduciaries, and the term "trust estate" shall mean whichever of
my estate or such other fiduciary accounts, the provisions of this Item are being applied to at the
particular time.
B. ADMINISTRATNE POWERS OF FIDUCIARY. In the administration and management of
my estate and any fiduciary account created under this Will and in the management, investment
and reinvestment of the Trust estate thereof, my Fiduciaries shall have and may exercise (subject
to the provisions of B of this ITEM vrn and to any other provision of this Will limiting or
qualifying in any way any power, authority or discretion of my Fiduciaries) full power, authority
and discretion without the necessity of obtaining the order of any court to do all acts, to execute,
acknowledge and deliver all writings and to exercise for the benefit of all persons who may be or
become beneficiaries under the provisions of this Will any and all powers, authorities and
discretions given to or vested in such Fiduciaries by the provisions of this Will or by law. By
way of illustration but not limitation, my Fiduciaries shall have and may exercise the following
powers:
1. To retain property in the form and character in which the same shall be received;
2. To sell, convey, mortgage, lease for any term whatever, transfer, exchange and dispose
of, either publicly or privately, the whole or any part of the Trust estate;
7
3. To grant options for such period as my Fiduciaries shall deem advisable for the sale,
conveyance, lease, transfer, exchange or other disposition of the whole or any part of the
Trust estate and to exercise any option at any time held as part ofthe Trust estate;
4. To invest and reinvest the whole or any part of the Trust estate in any kind of property,
real, personal or mixed, or undivided or part interests therein, including stocks, bonds,
notes, securities, minerals and other natural resources, limited partnerships, common trust
funds, interest bearing accounts and other property of whatsoever character, located in the
United States or abroad, all statutory and other limitations as to the investment of funds,
now or hereafter enacted or in force, being hereby waived and without obligation to
diversify the same and without liability for any decline in the value thereof;
5. To purchase assets from my estate and to make loans to my Executors, all upon such
terms and conditions and with or without security as the Trustees shall determine;
6. To hold, manage, develop and operate all residential and other real property held as part
of the Trust estate, to release, partition, vacate or abandon any such property, to make
improvements, thereto or thereon, to construct, demolish, alter, repair, rebuild, maintain
and insure buildings and other improvements on any such property and to use other assets
of the Trust estate for any of such purposes;
7. To compromise and settle claims;
8. To carry any property in the name of a nominee, including a clearing corporation or
depository or in book entry form or unregistered or in such other form as will pass by
delivery;
9. To vote shares of stock, in person or by proxy, in favor of or against management and
shareholder proposals and to join in or dissent from and oppose the reorganization,
recapitalization, consolidation, merger, liquidation, or sale of corporations or properties;
8
10. To employ accountants, agents, attorneys, brokers, employees, investment counselors and
other representatives (any of whom may but need not be a person, association or
corporation acting as, or affiliated with a Fiduciary at the particular time) to perform any
act of administration (whether or not discretionary), to act without independent
investigation upon their recommendations and to determine and pay their compensation
and expenses out ofthe Trust estate;
11. To distribute, without the necessity of filing a judicial accounting or obtaining judicial
approval, the whole or any part of the Trust estate upon the receipt and release of the
beneficiary entitled to receive such distribution, in which event my Fiduciaries shall be
relieved of all further liability with respect to the property so distributed with like effect
as if such distribution had been made pursuant to an order of court;
12. To borrow money from any person in such amounts and upon such terms as my
Fiduciaries shall determine and to pledge all or any part of the assets of the Trust estate to
secure such borrowing;
13. To permit any beneficiary to occupy any real property forming part of the Trust estate
without rent or upon such other terms and conditions as the Trustee or my Executors shall
determine;
14. To organize or cause to be organized alone or in conjunction with others, one or more
associations, corporations, partnerships or other organizations;
15. To continue any business, incorporated or unincorporated, in which I may have had an
interest at the time of my death for such period or, if required herein, to liquidate the
same at such time and upon such terms, as my Fiduciaries may determine, to invest
additional sums in any such business even to the extent that the Trust estate may be
invested largely or entirely in such business, to act as, or select other persons, including
9
any Fiduciary or any beneficiary hereunder to act as, directors, officers, employees of any
such business, to pay compensation for so acting without regard to whether the person so
acting is a Fiduciary or a beneficiary hereunder, and to make such other arrangements in
respect thereof as my Fiduciaries shall determine; and
16. To make any distribution or division of the Trust estate either in cash or in kind, or partly
in cash and partly in kind and to allot different kinds of, or interests in, property to
different shares, all as my Executors or Trustees, as the case may be, shall determine to be
equitable to effect such distribution or division.
C. LIMITATIONS WITH RESPECT TO MARITAL TRUST. Any other provision of this Will to
the contrary notwithstanding, my Fiduciaries shall not have, nor shall they have the right to
exercise any power, authority or discretion given to or vested in them by the provisions of this
Will or by law if the effect of their having, or having the right to exercise, such power, authority
or discretion would be to prevent the property from qualifying or continuing to qualifY for the
marital deduction allowable in determining the federal estate tax payable by reason of my death.
D. GENERAL LIMITATIONS. All powers, authorities and discretions given to or vested in my
Fiduciaries by the provisions of this Will or by law shall be exercisable by my Fiduciaries only in
a fiduciary capacity.
E. EXERCISE OF DISCRETIONARY POWERS. Each and every power, authority and discretion
given to or vested in my Fiduciaries or a class of Fiduciaries by the provisions of this Will or by
law, whatever may be the nature or extent thereof, shall be freely exercisable by my Fiduciaries at
any time and from time to time in their sole and absolute discretion, as they alone shall
determine. Each exercise thereof shall not be open to question in any manner whatsoever by, and
shall be binding upon, each person having an interest in the Trust estate.
10
F. DISCLAIMER BY EXECUTORS. I authorize my Executors to disclaim in whole or in part
any property or interest therein passing to me or to my estate by reason of a testamentary or inter
vivos transfer or an intestate disposition or by any other means.
G. OPTION WITH RESPECT TO EXPENSES. In the event any expense of administration of my
estate shall, at the option of my Executors, be deductible either in computing any federal income
tax payable during the administration of my estate or in computing the federal estate tax payable
with respect to my estate, my Executors shall exercise such option as my Executors shall deem to
be in the best interests of my estate and the beneficiaries thereof. In the event any such expense
is deducted for federal income tax purposes, my Executors may, but shall not be required to,
transfer from income to principal an amount equal to the additional federal estate tax which my
estate may be required to pay by reason of the failure to claim any such expense as a deduction
for federal estate tax purposes.
ITEM IX: TRUSTEE: I appoint PNC Bank, Trustee of any trust created by me in this my last Will.
Should PNC BANK not accept this appointment, I appoint my Personal Representative, Trustee of such trust.
ITEM X: I appoint my wife, BARBARA E. KERTULIS, Executrix of this my last Will. Should my
wife, BARBARA E. KERTULIS, fail to qualify or cease to act as Executrix, I appoint ANTHONY S.
KERTULIS, JR., Executor of this my last Will. If he fails to qualify or ceases to act as Executor, I appoint
KAREN J. STEVENS as Executrix of this my last Will. If she fails to qualify or ceases to act as Executrix, I
appoint KIMBERLY J. KERTULIS, Executrix of this my last Will. If she fails to qualify or ceases to act as
Executor, I appoint GINA KERTULIS, Executrix of this my last Will. If all of the above fails to qualify or
ceases to act as Executor, I appoint PNC BANK, Executor ofthis my last Will.
11
ITEM XI: No bond shall be required of any fiduciary hereunder in any jurisdiction.
IN ~~I~S~OF' I
;/~ ,2003.
hereunto set my hand and seal this
7
-day of
/'-....
~(SEAL)
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, in his presence and in the prese
hereunto subscribed our names as witnesses.
12
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF CUMBERLAND
We, ANTHONY S. KERTULIS, ~"\~. ~~""' and
~"'L ~ ~ ~ ' the Testator and the witnesses whose names are signed to the foregoing
instrument, being duly qualifiea accordingly to law, do depose and say that the witnesses were present and saw
the Testator sign and execute the foregoing instrument as his Last Will and Testament; that he signed willingly
and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge, the Testator
was that at least 18 years of age, of sound mind and under no constraint or undue influence. Testator
acknowledges the foregoing.
Sworn to or affirmed to and subscribed to before me by .~ ~ ~
~a C:s ~ ,witnesses,this '\'~dayof ~~ ,2003.
and
.~.~
Notary Public . ~
My Commission Expires:
:167112
NOTARIAL SEAL
DIANNE lENIG, Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21, 2005
13