HomeMy WebLinkAbout09-14-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of David W. Petko
also known as
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
Deceased
COUNTY, PENNSYLVANIA
File Number ~ I ~~' D~7
Social Security Number 145-30-8372
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / aze the
last Will of the Decedent dated August 6, 2009 and codicil(s) dated N/A
Executor
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) C1~ %~ -` ' '._,7
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution o~strumertt~ offer~,t ,~'-._E
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~ ~ Gf ~ ~ -r r
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B. Grant of Letters of Administration ,C-
(Ifapplicable, enter: c. t. a.; d. b. n. c. t. a.; pendente late; durante absentia; durante minorltate)
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: (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.)
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~_
458 Woodcrest Drive Mechanicsbur Ham den Townshi Cumberland Count PA 17050
(List street address, town city, township, county, state, =ip code)
Decedent, then 70 yeazs of age, died on January 3, 2010 at Community General Hospital, Lower Paxton Township,
Dau hin Count PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 343,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 125,000.00
situated as follows: Undivided 1/2 interest in 458 Woodcrest Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania
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:
Catharine B. Petko, 458 Woodcrest Drive, Mechanicsburg, PA 17050
Form RW-02 rev. 10.13.06
Page I of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
SS
The Petitioner(s) above-named swear(s) or 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 or affirmed and subscribed ~~-~L.~_~.- ~f/
Signature of Personal Representative
before me the -~ ~ day of
Signature of Personal Representative
Signature of Personal Representative
File Number: {~ ~ ~ ~ ~ " ~~~ r~,
Estate of David W. Petko
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Deceased
Social Seecurity Number: 145-30y-8~3~72 Date of Death: January 3, 2010
AND NOW, I ~'~"~ ~~ ,~~1 I1,~ ~ ~ in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Catharine B. Petko
in the above estate
and that the instrument(s) dated August 6, 2009
described in the Petition be admitted to probate and filed of re~cof has the last Will (amend. Codicil(s)) of Dec dent. ~ ~
FEES
Letters .............~.. $ ~•
Short Certificate(s) .. '1.... $~-, (}(~
Renunciation(s) .......... $
... $
... $ ~
... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $~~ ` . -
Register
Attorney Signature:
Attorney Name: Elyse E.
Supreme Court I.D. No.: 41274
Address: Keefer Wood Allen & Rahal, LLP
635 North 12th Street, Suite 400
Lemoyne, PA 17043
Telephone: 717-612-5801
Form RW-O2 reV. lo. r3.o6 Page 2 of 2
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
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David William Petko 2. Sex
male 3. Socal Secwiry Number
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fib. Cowrry of Deam &. Ciry Boro, Twp of Deam Bd. Facniry Name Qf cwt irxstilNion, give street erW number) 9. Was Decedan a Nispanic Orypn? [~ pb ^Yes 10. Rxe: Ama[an Indian, Bmtlt Wnne ,
gl yes, specify Cuban,
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16 Detiedenfs Mailing Atldress (Sneer. coy I town, stale. zip code) Decedent's Did Decedent -
Anual Residence 17a. Sale PA Lave in a t7c. ~p'es, Deceaenl Brea In uamt~den Tw
458 Woodcrest Drive m
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IB Falsefs Name lFUSl middle last suPox
19. Moduis NamelFrzst mMdl6, maiden wrname) - _
William Matthew Petko Ruth Maurer
20e Inlonnani s Nsme (Type I Pnnq 206. IMOrmenl's M ling Address (Strwt, nary /town, slate, zip code) - - -
Catharine Petko 45R Woodcrest Drive Mechanicsbur PA 17050
21 a Memos ul Duposlbon ^ Clemauon ^ Donation
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~ 21 b. Date a Dispo$ison (Molnh, day, year) 21 c. Poore of Disposi! (Name of rernemry, crematory a timer place) 21 d. Location (Ciry I town sum. zp coda)
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b 22b. Lken9e Number 22c. Name arW Address a FacAiry
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Complete items 23a c only who cenifying
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cemry ~a e d deals
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woo pl~;nwlees ueam 23. Time of Dbam
~'(~ 25. Dale Pratoww60 Dead (MOnm, day, year)
~ 'l 26. Was Case Referred to Medical Examiner f Coroner for a Reaswr Omer Inn CrmnaJon a Dauuon7
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CAUSE OF DEATN (See Instrucllons end exampbe) i Approx mate 'mervaf.
I m .' Pan t E u vnul yd ey }, d - pl' t -mat drecny caused Ne deem DO NOT enter lermnal evenu swn
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• Pror Dancing and cenitymg physician (Pny-roan lwih prorqunc r g death aW cem
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Dispositan P6rmn No ~ y-1 s~ 6 9
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OF ~~~
DAVID W. PETKO.~~.~r", Ix~ ~'
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I, DAVID W. PETKO, of Hampden Township, Cumberland.~ount c~
Pennsylvania, do make, publish and declare this to be my Last Will and Testament,
hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Family Information. I am married to
CATHARINE B. PETKO, and all references to my wife in this Will are to her. I
have three children: STEPHEN J. PETKO, GLENN T. PETKO and CRAIG E.
PETKO. These are described in this Will as "my children," or as "a child of mine."
Any person born to or adopted by issue of mine is to be included as issue of mine.
Provided, however, no adopted person shall benefit under this Will unless the order
or decree of adoption is entered before the adopted person attains the age of twenty-
one (21) years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
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ITEM IV: Tangible Personal Property.
(a) If Wife Survives. If I die before my wife, CATHARINE B.
PETKO, I give to her all my tangible personal property, including but
not limited to, all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and all
other articles of household or personal use or adornment and all
policies of insurance thereon.
(b) Written List. If I survive my wife, CATHARINE B.
PETKO, I may leave a written list in my safe deposit box or elsewhere
disposing of certain items of my tangible personal property. The
Executor shall dispose of items of my personal property as specified in
the written list. If no written list is found in my safe deposit box or
elsewhere and properly identified by the Executor within thirty (30)
days after the probate of my Will, it shall be presumed that there is no
other statement or list. Any subsequently discovered list shall be
ignored.
(c) If Wife Predeceases. If I survive my wife, CATHARINE
B. PETKO, I give any property of the type described in paragraph (a)
and not set forth in a written list to my children, to be divided among
them as they shall agree. Should there be no agreement, this property
shall be divided between my children by the Executor in as nearly
equal portions as is deemed practical in the discretion of the Executor,
having due regard to their personal preferences.
ITEM V: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my wife, CATHARINE B.
PETKO, if she survives me. If my wife disclaims any property or interest in
property to which she would be entitled under the provisions of this Item, the
disclaimed property shall be held by my wife, CATHARINE B. PETKO, as Trustee,
IN TRUST, and shall be administered and distributed as provided in ITEM VI. If
Page 2 ,~
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my wife does not survive me, the residue shall be distributed as provided in ITEM
VI.
ITEM VI: Disclaimer Trust. The following provisions
shall apply to any property payable to the Trustee named in ITEM V as a result of
the disclaimer of that property by my wife:
j (a) Income to Spouse. The Trustee shall pay to or for the
benefit of my wife, CATHARINE B. PETKO, all of the net income of
this Trust in convenient installments, but not less frequently than
annually.
(b) Principal to Spouse. The Trustee shall pay to my wife so
much of the principal of this Trust as may be necessary in the
discretion of the Trustee for the reasonable support, maintenance and
health care of my wife.
(c) Upon Death of Spouse. Upon the death of my wife, the
Trustee shall divide the principal into as many equal parts as there
are then living children of mine and then deceased children of mine
represented by then living issue. The Trustee shall distribute one (1)
share to each living child and one (1) share to the then living issue of
each deceased child, per stirpes. However, if any issue of a deceased
child has not attained the age of twenty-five (25) years at the time of
distribution, the share of the beneficiary who has not attained that age
shall be held by the Trustee, IN TRUST, for his or her benefit in
accordance with paragraph (d) of this Item,
(d) Trust for Issue. In each Trust established for a
beneficiary under the age of twenty-five (25) years (each the
"Beneficiary" of his or her Trust):
(i) The Trustee shall pay to the Beneficiary in
convenient, at least annual, installments so much of the
Page 3 ~ ~
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net income as the Trustee, in the discretion of the
Trustee, considers necessary for the reasonable support.
maintenance, health care and education, including college
or other post-secondary education, of the Beneficiary.
Income not distributed shall be accumulated and added to
principal.
(ii) The Trustee shall also pay to the Beneficiary
so much of the principal as the Trustee, in the discretion
of the Trustee, considers necessary for the reasonable
support, maintenance, health care and education,
including college or other post-secondary education, of the
Beneficiary.
(iii) Upon the attainment of the age of twenty-
five (25) years by the Beneficiary, the Trust shall
terminate and the Trustee shall distribute to the
Beneficiary the remaining assets of the Trust.
(iv) Should the Beneficiary die before final
distribution of the assets of his or her Trust, the Trust
shall terminate and the Trustee shall pay the assets of
the Trust to the then living issue of the Beneficiary, per
stirpes. However, if any issue has not attained the age of
twenty-five (25) years at the time of distribution, the
Trustee shall continue to hold the share for that issue as
Custodian under the Pennsylvania Uniform Transfers to
Minors Act for the benefit of that issue.
(e) Trust Without Beneficiaries. If before final distribution of
the assets of any Trust established for my issue, there is no living
beneficiary of that Trust, it shall terminate. The assets of the Trust
shall be paid to the then living issue, on a per stirpital basis, of the
nearest deceased ancestor (with issue living at the time of distribution)
Page 4 ~ ~.~ -~
of the Beneficiary who is me or my issue. However, if there is then in
existence any trust created under this Will for the benefit of that issue,
the share which would have been distributed to that issue shall be
added to the principal of his or her trust, to be administered and
distributed as provided in this Will.
(~ Failure of Issue. In the event I am not survived by my
wife or any issue, or if there are no issue of mine surviving upon the
termination of any trust, the residue (or principal) shall be divided in
two (2) equal parts. One (1) part shall be paid to those persons who
would then be entitled to my estate under the intestate laws of
Pennsylvania then in effect as if I had then died intestate. One (1)
part shall be paid to those persons who would then be entitled to my
wife's estate under the intestate laws of Pennsylvania then in effect as
if my wife had died at that time intestate owning that part of my
estate.
ITEM VII: Spendthrift Clause. No part of the income or
principal of any Trust created by this Will shall be subject to attachment, levy or
seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any
beneficiary prior to his or her actual receipt of income or principal distributed. The
Trustee shall pay the net income and the principal to the beneficiaries specified by
me, as their interests may appear, without regard to any attempted anticipation,
pledging or assignment, and without regard to any claim or attempted levy,
attachment, seizure or other process against the beneficiary.
ITEM VIII: Administrative Powers. In addition to the
powers granted at law, the Executor and the Trustee shall each possess the
following powers, each of which shall be construed broadly and may be exercised
without court approval, but in a fiduciary capacity only:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor or Trustee.
Page 5
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(b) Vary Investments. To vary investments, to make loans,
and to invest in bonds, stocks, notes, real estate mortgages or other
securities or in other property, real or personal, without being
restricted to so-called "legal investments", and without being limited
by any statute or rule of law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of a
Trust or for any other purpose, including final distributions, the
Executor and Trustee are authorized to divide and distribute personal
property and real property, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts so long as the total
market value of each share is not affected by the division, distribution
or allocation in kind. The Executor and Trustee are each authorized to
make, join in and consummate partitions of lands, voluntarily or
involuntarily, including giving of mutual deeds, or other obligations,
with as wide powers as an individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale real
and personal property severally or in conjunction with other persons,
and to consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the
power conferred upon the Executor and Trustee.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(~ Borrow Money. To borrow money from any person,
including the Executor or Trustee, to pay indebtedness of mine or of
my estate, expenses of administration or inheritance, legacy, estate
Page 6 ~ ~ ;; 7
and other taxes, and to assign and pledge assets of my estate or any
Trust established by this Will.
(g) Pav Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate or any Trust ~!
established under this Will.
i
(h) Distributions without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of m estate with or '
Y without court order, in
such manner and in such amounts as the Executor deems prudent and
appropriate. j
(i) Vote Stock. To vote shares of stock which form a part of
my estate or any Trust established under this Will, and to exercise all
the powers incident to the ownership of stock.
(j) Reor anize. To unite with other owners of property
similar to property in my estate to carry out plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
not limited to the following means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
entitled
to take by intestacy, as a donee of an inter vivos transfe
r, and
as a donee under athird-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, including but not limited to filing
a joint tax return with my surviving spouse, and to make all tax
elections authorized by law.
Page 7 ~~J~
(m) Emplov Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
' Executor or Trustee deems appropriate, and to compensate these
persons from assets of my estate or trust, without affecting the
compensation to which the Executor and Trustee are entitled.
(n) Divide Trusts. To divide any Trust created in this Will
into two or more separate Trusts so that inclusion ratio for purposes of
the generation-skipping transfer tax shall be either zero or one, in ~,
order that an election under Section 2652(a)(3) of the Internal Revenue
Code may be made with respect to one of the separate Trusts, or for I'
any other reason.
(o) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor or Trustee deems
appropriate. However, no allocation to income shall be made if the
effect of the allocation is to cause a reduction in the amount of any
estate tax marital deduction or estate tax charitable deduction.
(p) Adiust Basis. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
' increased. The Executor shall be under no duty and shall not be
', required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
I
property for which a basis adjustment is allowable. The Executor shall I
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person, '
nor subject to removal or surcharge, for any reasonable allocation of ~
basis increase.
(q) Compromise Claims. To compromise claims.
Page 8
I (r) Terminate Trust. To terminate any trust, if in the
opinion of the Trustee, the expense of administration of the trust is not
justified. Upon termination, the Trustee shall distribute the trust
property to the person(s) then entitled to receive or have the benefit of
the income therefrom. If there is more than one current income
beneficiary, the Trustee shall distribute trust assets to the income
beneficiaries in the proportion in which they receive income, or if no
proportion is designated, in equal shares to the income beneficiaries.
This power may only be exercised by a Trustee who is an independent
Trustee, and this power shall be ineffective to the extent that the effect
of the power is to vest in any Trustee or beneficiary a general power of
appointment.
(s) Other Acts. To do all other acts in his or her judgment
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate and Trusts established under
', this Will.
ITEM IX: Accounting. The Trustee, on an annual
basis, shall provide each income beneficiar who has a
ttai
Y ned the a e of ei
g ghteen
(18) years, and the Guardian of the person of any income beneficiary who has not
attained the age of eighteen (18) years, statements showing transactions of each
Trust established for the benefit of that beneficiary. The beneficiary, or the
Guardian of the person of such beneficiary, may waive this right to receive an
annual accounting. The Trustee may, at any time, settle any account.. or questions
concerning the administration of any Trust established under this Will, by
agreement with the then qualified beneficiaries (as defined in the Pennsylvania
Uniform Trust Act) of the Trust, if legally competent, or if not legally competent,
with the Guardian of the person of the beneficiary, the legally competent spouse of
the beneficiary, or the oldest legally competent relative of the beneficiary who
v~-ould take a portion of the estate of the beneficiary were the beneficiary to die at
that time intestate under the laws of the Commonwealth of Pennsylvania. Any
settlement made in accordance with this Item shall bind all persons who have an
interest in the Trust, and shall constitute a release and discharge of the Trustee
with respect to transactions specified in the settlement.
Page 9 ~ /h,~,J
ITEM X: Distributions to or for Beneficiaries. The
Trustee is authorized to distribute principal and/or income in any one or more of the
following ways if the Trustee, in the discretion of the Trustee, considers the
beneficiary unable to apply distributions to the beneficiary's own best interests, or if
the beneficiary is under a legal disability:
(a) To Beneficiary. Directly to the beneficiary;
(b) To Guardian or Conservator. To the legal guardian or
conservator of such beneficiary;
(c) To Custodian. To the Trustee, or to another person
selected by the Trustee, as custodian under the Pennsylvania Uniform
Transfers to Minors Act as to a beneficiary under the age of twenty-
five (25) years;
~, (d To Relativ
e. To a relative of the benefi
ciary, to be
expended by that relative for the benefit of the beneficiary; or
(e) Direct Application. By directly applying distributions for
the benefit of the beneficiary.
ITEM XI: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have predeceased me.
Any person (other than myself) who has died at the same time as any beneficiary
under this Will, or in a common disaster with that beneficiary, or under such
circumstances that the order of deaths cannot be established by proof, shall be
deemed to have predeceased that beneficiary.
ITEM XII: Merger of Trusts. Should my wife, by Will or
Agreement of Trust, establish Trusts similar to the Trusts I have established for the
benefit of my issue, the Trustee of each Trust created in this Will shall have the
right to merge it with the similar Trust created by my wife for the same
Page 10 ~ y~,~;
beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single
Trust.
ITEM XIII: Trust Situs. The initial situs of each Trust
created under this Will shall be the county of my domicile at my death. The
Trustee may determine, from time to time, to change the situs of anS~ Trust
established under this Will. However, no change in situs shall be effective until
written notice is provided to the living beneficiaries of the Trust.
ITEM XIV: Executors and Trustees. I make the
following provisions with respect to Executors and Trustees:
(a) Initial Executor and Trustee. I appoint my wife,
CATHARINE B. PETKO, to be the Executor and Trustee.
(b) Successor Executor and Trustee. In the event that my
wife is unable or refuses to serve as Executor, I appoint my sons,
GLENN T. PETKO and CRAIG E. PETKO, to serve as Co-Executors,
hereinafter the "Executor."
(c) Power to Appoint Additional Trustees. Each person
serving as a sole Trustee shall have th
e power to appoint a Co-Trustee.
Each Trustee shall have the power to ap oint his or her
p successor in
office. In the event of a complete vacancy in the office of Trustee, I
j appoint m sons GLENN
Y T. PETKO and CRAIG E. PETKO, to serve
as Co-Trustees, hereinafter the "Trustee."
(d) Power to Remove Trustee. Any Co-Trustee appointed by
a Trustee may be removed by that Trustee.
(e) Method of A ointment and Removal. Each appointment ''
or removal of a Trustee shall be in writing and shall be filed with the
court in the jurisdiction which is the situs of the Trust. The written
instrument shall be signed by the person having the power to make the i
appointment or removal.
Page 11 ~'~~~
(f) Temporary Trustee. Each Trustee shall have thf~ power
to designate a temporary Trustee by an instrument in writing
delivered to such temporary Trustee. The temporary Trustee shall
serve as such only during the legal incapacity of the appointing
Trustee, or, during such period of time as the appointing Trustee in
writing designates, and upon the expiration of that time, or at such
time as the legal incapacity of the appointing Trustee ceases, the
appointing Trustee shall once again become the Trustee.
(g) Delegation. Any Trustee may delegate investment and
related management functions to another Trustee, provided the other
Trustee accepts the delegation in writing. To the extent accepted, the
delegating Trustee shall be relieved of responsibility for the
investment decisions of the Trustee to whom investment and related
management functions were delegated.
(h) Resignation. Any Trustee may resign upon ninety (90)
days written notice to the then income beneficiary and each adult sui
juris remainder beneficiary of the Trust; provided, however, that the
resignation shall not become effective until and unless at least one
person is then serving as Trustee of the affected Trust.
(i) Res onsibilit No Tr ~~~~
p y ustee shall be responsible for the
acts or omissions of any other Trustee.
(j) Duty to Investigate. In the absence of actual knowledge
of a breach of trust, or information concerning a possible breach of
trust that would cause a reasonable person to inquire, a successor
I Trustee is under no duty to examine the accounts and records of an
y
predecessor Trustee, or to inquire into the acts or omissions of such
predecessor, is not liable for any failure to seek redress for any ~ ct or
omission of such predecessor, shall have responsibility only for
property which is actually delivered to the Trustee by such predecessor
and shall have all of the powers conferred upon a Trustee hereunder.
Page 12 ~~~~~?
(k) Compensation. The Executor and Trustee shall. have the
right to receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(m) Standard of Care. The Trustee shall not be liable or I
accountable for any loss that may result from the good faith exercise of ~!
the authority granted in this Will. This shall specifically include
decisions of the Trustee with respect to discretionary distributions of '
income and/or principal to any beneficiary.
(n) Security. The Executor and Trustee are specifically
relieved from the duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my ',
Last Will and Testament, consisting of this and the preceding twelve (12) pages, at
t;he end of each page of which I have also set my initials for greater security and '
better identification this ~ day of ~~*-,~~"~, 20 cq
,-~
a~~~.~, U~,l /~~/~ '" 12--Z=~r-~ -(SEAL)
DAVID W. PETKO
We, the undersigned, hereby certify that the foregoing Will 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 first above written, and we certify that at the time of the execution
thereof, the said Testator was of sound and disposing mind and memory.
(SEAL) Residing at,~o/ ~~(/`~it'.~(.~.,~ ~~a ~"
~- r
--~ ~' ~'% ~ - ~ ~~ ~ (SEAL) Residing at ~ ~ `~ ~ , ~ ~ ,~
.- ~ s .! t. ~ ;f ~
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
~ / ) SS:
COUNTY O F ~.~-~-~ ~ ~--°~ -~_: a....-k:.t',--_ )
I, DAVID W. PETKO, 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 my Last `Fill and
Testament; that I signed it willingly; and that I signed it as my free and voluntary ~~
act for the purposes therein expressed.
Sworn to and subscrib d before
me this~~,~.,~_ day of ~~,._ .,.~.w~w-t
20 ~'`~
_~
1
V~
Notary Public
My Commission Expires:
`r~`"~„~-~( ~y~/lr'~~~-~-~-~_''- (SEAL)
DAVID W. PETKO
', (SEAL)
I
COMMONWggLTH OF PENNSYLVANIq
NOtARIgL SEAL
CYNTHIA J. RULE, Notary Pubtic
Lemoyne Boro., Cu^~berlanc Co~,,;;r,~ f
My Commission Exoires Febn.-„4, 3~~t'+i
i
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
/`~~ ) SS:
COUNTY O F ~ ~ _:.~~ .-a~-~ ~~.~. )
Ji
f 7-"~ and
the Witnesses whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, do depose and say that we were present and
saw Testator, DAVID W. PETKO, sign and execute the instrument as his Last 4~'ill
and Testament; that Testator signed willingly and that he executed said Will 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 at that time eighteen (18) or more years of age,
of sound mind and under no constraint or undue influence.
Witness Witness.
Sworn to and subscribed before
~~ me this ~~ .f.,_ day of /--~ ~~~~...~.,....~--~
~~ f
i i l '~ ,~~
jr
1 ~. ---f t_-.___.~ ~ z ~~~"
~..
` Notary Public ',
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL S~q'~ -"-
CYNTHIA J. RULE, Notary Public
Lemoyne Boro., Cumberland County
My Commission Expires February 3, 2012
--____,