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Home My WebLink About02-17-09 � T . � 7 IN RE:ESTATE OF ANTHONY S. . IN THE COURT OF COMMON PLEAS OF KERTULIS, SR., Late of East Pennsboro • CUMBERLAND COLJNTY, PENNSYLVANIA Township • ORPHANS' COURT DIVISION � o'� ' N0. 21-�-1015 PETITION TO APPROVE TERMINATION OF A TRUST To the Honorable Judges of the Orphans' Court Division: Petitioner, Barbara E. Kertulis, through her counsel, Johnson, Duffie, Stewart& Weidner, respectfully states the following in support of this Petition to Approve Termination of a Trust: 1. Petitioner is Barbara E. Kertulis, an adult individual who resides at 111 Center Street, Enola, Pennsylvania 17025. 2. Anthony S. Kertulis, Sr. ("Decedent") died on August 8, 2007, survived by his wife, Petitioner Barbara E. Kertulis, and their adult children, Karen J. Stevens, Anthony S. Kertulis, Jr., Kimberly J. Potts and Gina Kertulis-Tartar. I 3. On November 7, 2007, the Register of Wills appointed Petitioner Executrix of � I Decedent's Will dated March 4, 2003, a copy of which is attached as Exhibit A. � c.7 � :=-� � ._. _.., � __. ., . � , -' `'� ' ` — =,-;' � > , _� � _c7 � _, �>�_;_i , r :� "`� - _.:� 1 4�� t �� ._� -� . ;`� � . , ;; _� � . ' � ` � <,-, ;- , N �� , � 4. Under ITEM III of Decedent's Will, the residue of the Estate is divided into two (2) shares; one share to be distributed outright to Decedent's surviving spouse in the least amount required to reduce the federal estate tax to zero, and the other share to a Trust requiring payment of income to Decedent's spouse for the rest of her life, and at her death, the balance distributed in equal shares to the Decedent's four children. 5. The Trust is a "credit by-pass" Trust which was created in order to minimize federal estate taxes. 6. Since the date of the execution of Decedent's Will in 2003, the federal estate,tax law has been amended, and the tax savings purpose for which the credit by-pass trust was created no longer exists. 7. The residue of Decedent's estate available to fund the "credit by-pass" trust is approximately $301,000, subject to payment of the applicable debts, liabilities, expenses and costs of administration. 8. Petitioner, Barbara E. Kertulis, is the Current Beneficiary of the Trust, and the Decedent's children are the Qualified Beneficiaries under Section 7723 of the Uniform Trust Code, 20 Pa. C.S.A. §7701 et seq. ("Code"). 9. Pursuant to §7740.1(b) of the Code, the Trust is not necessary to reduce federal estate tax, a material purpose of the Trust. 2 10. Each of the Qualified Beneficiaries, the Decedent's children, has executed a consent to the termination of the Trust, which Consents are attached as Exhibits B, C, D and E. 11. Pursuant to §7740.1(c), the beneficiaries have agreed that upon Court approval of this Petition, the Trust shall be disregarded and the assets otherwise distributable to the Trust shall be distributed directly to Petitioner, Decedent's surviving spouse and Cu�-rent Beneficiary. 12. PNC Bank, N.A., the Trustee named in Decedent's Will, has renounced its right to serve as Trustee and consents to termination of the Trust which Renunciation and Consent is attached as Exhibit F. WHEREFORE, your Petitioner respectfully requests this Honorable Court to enter a decree permitting the Executrix of Decedent's Will to disregard the Trust under ITEM III of Decedent's Will and to distribute the residuary assets otherwise available to fund such Trust directly to Petitioner, Decedent's surviving spouse and Current Beneficiary. Respectfully submitted JOHNSON, DUFFIE, STEWART & WEIDNER B : ��4�,��J y Edmund G. 1V1 ers I.D. No. 20558 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Petitioner :354468v2 3 VERIFICATION The undersigned verifies that the fact set forth in the foregoing Petition are true and correct. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. a f t.... r,�`� ,� , Date: �� -.��_ �a`/ LiS� ��1 G-lffstL � v�.,�'(i`L�'te4.f=-�n�� Barbara E. Kertulis . , � REGISTER C}F WILLS CERTIFtCATE QF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � No. 2007- 010�5 PA Na. 2y- 07- 10�5 Es ta�e Of: ANTNC7NY S KERTULIS Sfi IFirst,Middle,Lastl . a jkf a: ANTNUNY S KEr4TClLJS La te Of: EAST PENNSBORO TOWNSHIP CUMBERLAND CL?UNTY Deceased Soci aZ Securi ty No: 7&4-3t.�-4�03 � WH R�AS, can the 8th day of November 200'7 an in�trurnent dated �Ia.rch 4th 2�03 was admitted �o prol�a�e as the Iast w.i11 of ANTHONY S KERTULIS SR fFirsf,Middle,Last1 a/kf a ANTHONY,S KERTULIS Iate af EAST PENNSBORU TOWNSHiP, CUMBERL.4N17 County, who died an �he 7�h da� o.f Augus� 2007 and, WHEREAS, a true copy af �he will as probated is annexed hereto. THEREFORE, I, GLEN�A FARNER STRASBAUGH , Regis�er of WiIIs in a.r1d for CUMBERLANZ� County, in the Conunonwea�th of Penrisylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: BARBARA E KERTCILIS who has duZ� qual.zfied as EXE�UTQR(RJX1 and has agreed to administer the estate according tc� law, alI af which fu11y appears of recard in m� of.�ice at CUMBERLAND Gt?UNTY CC?URT HOUSE, CARLISLE, PEIVNSYLVANIA. IN TE,STIMONY WHEREOF, I have hereun�o set my hand a.nd affixed �he seal of my office on the $th day af Nt�vem,6et' 20C?7. , . L�,� 2�', !,��1 - � egis r of Wi/s r ''�' D **NOTE** ALL N�NlES �BOVE APFEAR {FIRST, MIDDLE, LAST) __} __4^� .-„J - .,. ��c�� til ��r� �.e��.��t� `-�,. �: �1 C}F _:. -. _ _ -; ,-., .. ANTKONY S. I�:ERTULIS ;�; I, ANTHONY S. KERTULIS, residing in the Tovvnship af East Pennsbaro, Cumber�as�d Gaunty, Pennsylvania, declare this to be my last Wi11 and revoke any Will previously made by me. ITEM I: I7EBTS: I direct the payznent af all my debts and funeral expenses, inclnding a grave marker a�d all expenses af my last illz�ess that my estate is Iegally obligated to pay, shall be paid from rny residuary estate as a part of the expense of the acimini.stratian of nriy estate. TTEM II: TANGIBLE PERS4NAL PROPERTY: I give all my tangible persanal properiy, including, but not limited to, any and all automobiles, fi�rniture, fizrnishings,china, silverware,jewelry,arnaments,works af art,books,pictures and wearing apparel, together with all policies of insurance therean, to my wife, $ARB.ARA. E. KERTULIS, if she survives me by thirty(30) days, If she does not survive me by thirty(30) days,then I give alI of said tangible personal praperty, but excluding that tangible persanal property which is a part of Penn Sign Company business, ta those of my children who survive rz�e by thirty {30} days, to be divided equally among th�m, as they may agree, or, in the abse�ce of agreement, as my Executrix or Executar {hereinafter Personal Representative) in said personal representative's sale discretian may determine. Should my Parsonal Representative determine to sell said articles, the proceeds thereaf shall be added to my residuary estate, My Personal Representative may, without fizrther responsibili�y, distribute property passing to a minar under this paragraph to the rninor or to a persan to hold for the minor. If neither my said wife nor any of my children survive me by tlurty(30)days,this bequest shall lapse. VVhile this bequest is absolute, it is my wish that any memarandum I may leave addressed to my personal representative indicating rny desire with respect ta the disposal of these items, or any af them, shall be regarded. Noi�vvithstanding the exclusion of that tangible personal property which is a part of Penn Sign Company business, 1 ` if said znemorandum invalves an item or items of that business, I want said memorandum ta cantral the disposition of said item or items. ITEM ITI: DISFOSITION OF ESTATE IF W1FE SURVIVES ME: I devise and bequeath aIl the rest, residue and rernainder of my estate of every nature and wherever situate as follows: A. If my wife, BARBARA E. KERTULIS, survives xne {and I direct that for putpases of thas 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 ta my wife, BAR�3AR� E. KERTULIS, absc�lutely, the least amount (based upon values as finally determined for federal estate tax purpases} as shall be needed for the federal estate taa� unlimited marital deduction ta reduce the federal estate tax to the lowest passible figure after full use of alI other deductions and credits allowable in calculating the federal estate tax, except that such amount shall be calculated withaut regard ta the augmenting of my taxable estate by reasan of generation skipping transfers and without regard far any credit for state gift taa�es that would not otherwise be payable. Accordingly,I direct that: 1. If the marital deductian, or any other similar benefit, is allowable with respect to any , praperty, including praperty held by entireties, which my wife, BARBARA E. KERTULIS, has received priar to my death or at my death will receive otherwise than pursuant to this Item III, the vaiue of such property sha11 be taken into consideration in calculating the size of the gift uzxder this Item III A, 2. Na property ineligible for the marital deduction, ar any similar benefit, shall be distributed to this gift for rny wife,BARBA1tA E. KERTULIS,pursuant ta this Item III A. 3. Eit�ier cash or investments or both may be allocated to any gift under this Ite�n IlI A. 2 4. Any properiy allocated under f,his Item III A in kind shall be valued at the value which it is finally included in my grass estate far federal estate ta�c purposes provided that the aggregate market value thereaf on the date of allocation {plus the value as finally determined for £ederal estate tax purposes af all other properly qualifying for the marital deduction} is at least equal to the dollas� value of the marital deductian as finally deteimined for federal estate tax purposes. 5. If any provisian of my Will shall result in depriving my estate of the rnarital deduction for federal estate tax purposes, such provision is hereby revaked and rny WiII shall be read as if any portion thereof inconsistent with allowance of the marital deduction far federal estate t�purposes is null and vaid. $. The balance of said rest, residue and remainder of my estate I give, devise and bequest, IN TRUST, ta the Trustee designated in Item L� af this my last 'VVi11. Said trust sha11 be known as the Barbara E. Kertulis Trust and shall be for the following uses artd purposes: 1. Ta pay the net incorne therefrom at least as aften as quarter-annually to my wife, BARBA.RA E. KERTULIS, for and during her life tzme. Any undistributed incorne at the time of my wife's death shall be distributed to my wife's estate. 2. As much of the principal af this Trust as Trustee in its sole discretion rnay from time to time think advisable far my wife's, BARBARA E. KERTULIS, support in her accustomed manner af lzving or durzng illness or emergency shall be either paid to her or else applied directly for her benefit by my Trustee after taking inta accaunt ather readily a�ailable assets and sources of income. 3. Trustee may apply the net income of this Tnast far the support of my wife,BARBA.I2A E. KERTULIS, shauld she by reason of age, illness or any other cause in the opinian of my Trustee be incapable of dispersing it. 3 4. Upan the death af my wzfe,BARSARA E. KERT`ULIS,the remaining principal shall be distnbuted pursuant ta the provisians of ITEM IV hereof as though my wife failed to survive rne. ITEM IV: DISPOSTTION OF ESTATE IF WIFE FAILS TO SURVTVE ME. A. ONE-4UARTER INTEREST lN PR{)PERTY L{)CATEI7 IN ABBOT TOWNSHIl", POTTER COUNTY. Should my wife,BAR.BARA E. KERTULIS, fail to survive me,I give, devise and bequeath my one-quarter interest in property lacated in Abbot Township, Patter Caunty, which was jointly owned by me and my wife, to my son, ANTHONY S. KERTULIS, JR, providing he survives rne. B. PE1�SN SIGN COMPANY/I�EST,RESIDUE A,ND REMA�ER. 1. LJNINCC►RPORATED/JOINTLY OWNEI7. My wife and I are jaint owners of an unincorporated business trading under the fictitiaus name ofPenn Sign Company. For the purpose of assisting in the identification of Penn Sign Campany 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 accaunts thereon subsequently re�►laced by other assets or accounts are assets ofPenn Sign Campany. Any doubt as to whether an asset is a Penn Sign Company asset shall be determined to be a Penn Sign Company asset. 'I"his"Inventary"or a phatograph thereof shall be lcept with this Will. 2. VALUE OF PENI�T SIGN COMPANY LESS TkJ[AN t�NE-FC}URTH t3F TC)TA�, VALUE QF REST, RESIDLTE A,ND REI��IAINDER. If my wife, BA.RBA.RA E. KER�ULIS, fails to survive me and the value crf Penn Sign Company, as determined for Federal Estate Tax purpases, is equal to less than one-fourth af the value of the rest, residue and rernainder of rny estate(including the Penn Sign Company assets), and if przor 4 ,. .n,� .��„�.�-�<.�� _�„�.,�,..�., �.+...�,,�.:�..�,s ,,�..,�,.�..�.�,,�..��.m�....�_.. - , to the one hundredth t�vventieth day follawing rny death, zny son has given written natice to my estate that he wants the Penn Sign Comparky assets, I give alI the rest, residue and remainder ta my children, KAI2EN J. STEVENS, ANTHUNY S. KERTULIS, JR., HIMBERLY J. POTTS, and GINA KERTULIS, provided, hawever, ANTHONY S. KERTULIS, JR., share shall include a distribution in kind of the assets of Penn Sign: Company. 3. VALUE C7F PENN SIGN COMPANY GREATER THAN ONE-FOURTH OF TC7TAL VALLTE OF REST RESIDUE AND REMAINDER. If my wife, BAI2BARA E. KERTULIS, fails ta survive me and the value of Penn Sign Campany, as determined for Federai Estate Taa�purposes, is greater than one-faurth of the value of the rest,resiclue a�d remainder of my estate (including Penn Sign Campany assets), and if priar 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, T give atld devise said assets to zny son, ANTHUNY S.KERT'ULIS,JR.,provided he gives my estate a note and mortgage assignable, prepayable and interest free. The martgage to be secured by 65Q Ena1a Raad, Enola, Pennsylvania. Note shall be payable manthly 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 af ane-quarter {'/4} af the rest, residue and remainder, including Penn Sign Company assets. Exarnple: Assurne t�iat the value of the Perin Sign Cornpany assets if$1,146,000. Assume that the value of the rest, residue and remainder of my estate, including the Penn Sign Company assats, is $2,000,000, One fourth af said $2,000,000 is $500,000. Difference between $500,000 and $1,1�6,000 is $64b,000. The arnaunt of the note is $646,000. Hereit�a$er said atnount is referred to as the difference. My estate shall give a special warranty deed for 650 Enala Drive and title ta a11 assets af Penn Sign Campany. Any doubt as to whether an asset zs an asset of Penn Sign Campany shall be detennined to be an asset thereof, In lieu of`the said mortgage and nate, my son, ANTHONY S. KERTULIS, JR, may pay said difference ta my estate. 5 . , Said martgage and note shall be assigned to my daughters, KA.REN J. �TEVENS, x�MBERLY J. PUTTS, 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. 5TEVENS,KTMBERLY J. POTTS, and GINA KERTULIS. 4. SON ELECTS NOT TO RECEPJE Z�ASSETS OF PEI�TI�T SIGN C{�MPAI`�IT. If my wife, BA.RB�RA E. KERTULIS, fails ta survive me and my son, ANTHONY S. KERTULIS, JR., does nat elect to receive the assets of Penn Sign Cornpany or fails to comply with the requirements af Paragraph B-3 of TTEM N hereof, said assets shall be Iiquidated, I give and devise ali the rest, residue and remainder ta rny chzldren, KAI�E� J. STEVENS, ANTHOIr1� S. I�ERTULIS, JR., KIMSERLY J. POTTS, and GINA KERTULIS. ITEM V: DEATH TAX PRtJVISIC7N IF WIFE SURVIVES: Ifrnywife, BARBARA E. KERTULIS, survives me, all federal, state and other taxes payable because of my death, with respect ta property forming my � gross estate far tax purpases,whether or not passing under this Will,including any interest or penalty ixnposed in connectian with such tax shall be considered a�art of the expense af the administration ofrny estate and shall be paid from that apart of rny residuary estate passing under Item III B. hereof without apportianxnent or right af reimbursement. AIl such taYes on paresent or future interests shall be paid at such tzme ar times as zny Persanal Representative may t�iink proper,regardless of whether such t�es are then due. ITEM VI: DEATH TAX PROVISION IF WIFE FATGS TO SURVIVE ME: Should rny 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 far tax puzposes, whether or not passing under this Will, including any interest or penalty impased in connection with such t� shall be considered a part of the expense of the aclm.inistration of rny estate and should be paid frozn my residuary estate passing under Paragraph B of TTEM N hereof withaut apportionmerzt or right of reimburseznent. A11 such taxes on present or future interest shall be paid at such time or times as my personal representative may t�unk praper regardless of�c]vhether such ta.xes are then due. 6 . �_._ ,... ,� < .�,—,y.a.�:� � ��. .�,...�:..��. _ �.��..� , ,��v .�,...�.�,� . ITEM VII: SPENDTHR�T 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 FIDUCIAR�S: A. APPLICABILITY. The provisions of this TTEM 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 VIII 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, acicnowledge 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 f 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 of the 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 Tnzstees 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 deternune and pay their compensation and expenses out of the 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 tlie 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 fonning 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 . ., .,_ . . ,.�,�A�, ., .��, �� , �,�. . . ...��..�,��,.�.- 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. GENER.AL LIlVII'TATIONS. 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 EXECLTTORS. 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 WTTH RESPECT TO EXPENSES. In the event any expense of adnunistration 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 puiposes, 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 taa�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 tlus 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 HIMBERLY 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 of this my last Will. 11 ITEM XI: No bond shall be required of any fiduciary hereunder in any jurisdiction. IN WITNESS WHE OF, I hereunto set my hand and sea.l this C�-day of , 2003. ..j f (SEAL) THONY . IS 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 of each other have hereunto subscribed our names as witnesses. 12 i AFFIDAVIT COMMONWEALTH OF PENNSYLVAl�]IA: : ss. COUNTY OF CUMBERLAND : We, ANTHONY S. KERTULIS, �_ -,'� . ��y�-•.=,,•-� and ��a� R�,�,�; , the Testator and the witnesses whose names are signed to the foregoing �. `. instrument, being duly qualified 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. . . ANTHONY KER LI Sworn to or affirmed to and subscribed to before me by '�"��..� ��, ��- and ��_ '°� ��,.1„�.,�„_ , witnesses,this `� �day of �c`��...�� , 2003. ��- ��• �...�� ?�r�r.�� Notary Public My Commission Expires: :167112 � NC)TA�fifAL S�kL�� IANN�LENIG, t��rk Pubfic � �erroy�e�ar�ugt� Gu�aer4an4 Cc. e �6�r Commission Ez��ires Dec.2�,2J05 13 . I i . , IN RE:ESTATE OF ANTHONY S. . IN THE COURT OF COMMON PLEAS OF KERTULIS, SR., Late of East Pennsboro • CUMBERLAND COLJNTY, PENNSYLVANIA Township • ORPHANS' COURT DIVISION ' NO. 21-08-1015 CONSENT AND JOINDER The undersigned, a Qualified Beneficiary under the Trust described in the foregoing Petition, consents to the termination of the Trust and joins Petitioner in her request for a Decree approving termination of the Trust. IN WITNESS WHEREOF, the undersigr�ed has executed this Consent and Joinder on this ��t� day of �-�!�v�it +� , 2009. Signed, Sealed and Delivered In thePr�esQnce�f � ..�-..._. , ,. / � �� . .- . ,� n . �.r f f � . r., ....... i " . r��, ,��'!"� �i i 6,C, '2.y"` �,''',�.'y,2y Ir��e � : (`��-�� ` , ,,«'/" � v'„ ._..,.r , �.. � �` --.� �'f�_ (SEAL j Anth�yr`iy S. Kertulis, Jr. `?r � � :354480v2 v IN RE:ESTATE OF ANTHONY S. . IN THE COURT OF COMMON PLEAS OF KERTULIS, SR., Late of East Pennsbaro • CUMBERLAND COUNTY, PENNSYLVANIA Township • ORPHANS' COURT DIVISION ' N0. 21-08-1015 CONSENT AND .T�J�NDF,R The undersigned, a Qualified Beneficiary under the Trust described in the foregoing Petition, consents to the termination of the Trust and joins Petitioner in her request for a Decree approving termination of the Trust. IN WITNESS WHEREOF, the undersigned has executed this Consent and Joinder on this f�ncl.day of �,�7ru C,�Y�-�..-. , 2009. Signed, Sealed and Delivered In the Presence of.• L ^ �, --� t ��--�P ��,f?��" - ��''�6�-� (SEAL) , L,�= imberly J. P tts ✓ :354480v2 r ` r t IN RE:ESTATE OF ANTHONY S. . IN THE COURT OF COMMON PLEAS OF KERTULIS, SR., Late of East Pennsboro • CUMBERLAND COUNTY, PENNSYLVANIA Township • ORPHANS' COURT DNISION ' N0. 21-08-1015 CONSENT AND JOIND�I� The undersigned, a Qualified Beneficiary under the Trust described in the faregoing Petition, consents to the termination of the Trust and joins Petitioner in her request for a Decree approving termination of the Trust. IN WITNESS WHEREOF, the undersigned has executed this Consent and Joinder on this �day of e , 2009. Signed, Sealed and Delivered ; ,r In the Presenc�of.• �-�� .. (SEAL) , K_aren T. teve»s :354480v2 I � � • A IN RE:ESTATE OF ANTHONY S. . 1N 'CHE COURT OF COMMON PLEAS OF KERTULIS, SR., Late of East Pennsboro • CUMBERLAND COUNTY, PENNSYLVANIA Township • ORPHANS' COURT DIVISION ' N0. 21-08-1015 � � CONSENT AND JOINDER I The undersigned, a Qualified Beneficiary under the Trust described in the foregoing Petition, consents to the termination of the Trust and joins Petitioner in her request for a Decree approving termination of the Trust. � IN WITNESS WHEREOF, the undersigned has executed this Consent and Joinder on this � �day of � � , 2009. ! � i Signed, Sealed and Delivered �' In the Presence of � �j ��. r� � / /� - -� � ._�nt.��.��----- '�, � Y Z:��'�a -, Gc'( ( C��Z.. _—(SEAL) � Gir�a Kertulis-Tartar i �,f- i � :354480v2 I . ...> .. ... ... .... .... ,,.,. , � ,:: _ .....> . . . .�.. . . ... .._. ._.. .. ... ... ... .. ._... _,.. . ,. .... .,.... � � � � IN RE: ESTATE OF ANTHC)NY S. KERTUI.IS, IN THE COURT OF COMMON PLEAS OF SR., Late of East Pennsboro Township . CUMBERLAND COLTNTY, PENNSYLVANIA, ORPHANS' COURT DNISION . NO. 21-08-1015 2.�.��r r..'t-.�T � T'n��. � 1r l��,wrtYr. rn Rri-+ wT � _..�4�,:::�.A�a�v.v �ivI3 i,viv�r.�1� €i� P!v�., ��ivK, �r.r�. PNC Bank, N.A, Trustee of the Trust created in Item III, Paragraph B of the Will of :�rithony S. K�rtulis, �r., renounces its right to serve as Trustee and consents to the relief reyuested ir� the Petition to Approve Termination of Trust. IN WITIVESS WHEREOF, the undersigned has caused these presents to be duly executed on this__ �� day of ��u�-� , 2009. PNC Bank, N.A.: By. Name: L.�ad�1 � L-W�q -- Title: �� Q�� —� :354483v2 ;;': 'E', : ORPHANS' COURT DIVISION . COURT OF COMMON PLEAS OF In Re: ANTHONY S KERTULIS . CUMBERLAND COUNTY . PENNSYLVANIA . N0.21-07-1015 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 02/19/09 JUDGE'S INITIALS: JWO TIME STAMP DATE: 02/20/09 IN RE: DECREE ............................................................................................................................ SERVICE TO: JOHNSON DUFFIE ATTN DLW,LINDA LUNDBERG,BARBARA KERTULIS, GINA KERTULIS-TARTAR KAREN STEVENS KIMBERLY POTTS ANTHONY KERTULIS JR METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS �PETITIONER ❑RRR ❑ JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑OTHER MAILED: 02/20/09 ............................................................................................................................ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑ PETITIONER ❑RRR ❑JUDGE ❑HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑OTHER MAILED: Deputy Clerk of Orphans' Court