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Home My WebLink About04-0472 f~ ~ ~ gd 4. l' .; lJ) o ..,.<1 -.) a( 0 c7-, rI. -< '() . d ' ,-.3 t:: ~ RE: ESTATE OF JOHN E. BEX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-04-472 ORPHANS' COURT ORDER OF COURT AND NOW, this -2-0 day of June, 2005, following a review of the appeal and the response filed to the Rule to show cause, a hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Tuesday, July 19,2005, at 8:45 a.m. Daniel L. Sullivan, Esquire Charles E. Shields, III, Esquire For Linda Rae Johnson-Bex, Executrix of the Estate of John E. Bex Stanley A. Smith, Esquire David K. Kruft, Esquire For Brian Bex :sal ( ~ ".-'" (,,,<.") co, Estate of . .....Jf)NN E; 8e >< also known as PETITION FOR PROBATE and GRANT OF LETTERS ZI-{)Lj-4/L No. To: Register of Wills for the , Deceased. County of CUhl~~AJl> in the Social Security No. 3tJ'I- (~- ,~ Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the executrix in the last will of the above decedent, dated 1>11l;Y.J. It.. and codicil(s) dated named ,)d~ Decendent was domiciled at death in (!(~.b,-'"/1MI1i County, Pennsylvania, with last family or principal residence at K' /I1~hYd L)",;vt! I /hP-MIIAL.~blA':J (state relevant circumstances, e.g. renunciation, death of executor, etc.) (list street, number and muncipality) years of age, died at H~hlE. 1f ",.-AI/SIt 7WD. Except as follows, deceaent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: ~ 17..,~:u;oC/: Decendent 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 situated as follows: AI //1-. 'f $ S; tJDf). oD $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codici1(s) presented herewith and the grant of letters ~7A'",~y theron. (testamentary; administration c.I.a.; adru4Iis!ration d.b.n.c.La.) 'i E~;,~ -g.g . -.. ,.~ OJ';:: /1!Ef!NAlVICSI9ItI(fi1. JI7,A /70&$" 3~ , 0),- :=;0 OJ c:: 00 [ii c. ..{:>. -~ ~- ()~. oJ '. I '- OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 1.- ss COUNTY OF c.tllIJ~~/> J 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 represen- tative(s) of the ab,ove decedent petitioner(s) wiH well a d truly adm' ister the estate according to law. and subscribed V) day of ciQ' ::s W~ I::l .... l:: 4 ~ Regi ~ No. 21-04-412- Estate of ""3"D'nn f=:"" ~..Q 'X. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ('{)Q,\..j, l <l .;loot.{. ~_, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated ~ - t 2 - Z()O&..j.. described therein be admitte probate and filed of record as the last will of dr'\ .2 and Letters ~~ are hereby granted to y\D 0 n..b ~ '" ~^ (~O :~~~~'hf\. ^ ~. Register of Wi' r. ~ FEES Probate, Letters, Etc. ......... $25 .00 Short Certificates(5) . . . . . . . . ., $ \ f). 00 ~~.~5. $ 3. ("D ~ $ \D .uCl TOTAL _ $$3.00 Filed q.-. ~~L-~.c;x;,~t.................... ~~f!~;U ATIORNEY (Sup. Ct. 1.0. No.) ~I.J ellA-ift.S E. SNlsJS JIL , r.l1J{,(5~ ~ /J!E(!JI/IAI.lasl!!Julf6. 1lA- 17/)SS ADDRESS 7/7-"7'~~-t:)Z4Jf PHONE H 1O~.X05 RF\/ t)!~6 This is to certify that the information here given is correctly copied from an original certificate of death duly filed vith me as Local Regis~rar. The original certificate will be forwarded to the State Vital Records Office for permanen~ filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 o ! 10371718 No. ~ JltlJtj.J.A.",afL1~~~, Local Registrar f ~t1j /;l ,;L~f . I Date ....-. .- _ J' - . d J:::,. t. ::5 = -< OJ V ,.....; c 'I IV, ~ 43 He.. 2.'87 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STAlE FilE NUMBER SOCiAl SECURITY NUMBeR 304- 12 OAlE~ayf;t~'C1l\ "'~J .. 'tPt:..f't'INf l'fHM,,""'t.~jl StACK iNK NAME Of DECEDENT (f"St. M,(]dje, Last) Male BIRTHPLACE lC.ty-.md Pl.ACE OF DEATH ICt>eck 0flIy fJI'e -- .;ee,nSlIUCloOlIlJOl'l Qft>el 'lIOe1 3tl1e.:ll fCllilOljnCOUnllYI HOSPtlAL Bloomington, Indiana ''''''''' 0 RACE . AlMnCafIlncNn, BaKk, WtMI., -= ,,,,*,,,' SEX John E. Sex 2. AGE It ;;Sl Blfmaa...1 UNDER 1 YEAR Month. Daya UNDER 1 DAY Houq i M1nu'" 85 VI. 5. COUNTY OF QE..VH Cumberland lb. ... MS DECEDENT eVER IN U_S. AAWEOFQACES? ,...~...O DECEDENT'S USUAL OCCUPATIOtf i~t~..,:'.::to~~~:-r no. US Ai rforce ...!.IS Government DECEOEHT"S MAILING AOORESS (Scf_. CilyllOwn, SIaIa. Zip Code) DECEDENT'S ACTUAL RESIDENCE ............. onOlFlerSldeI 12. "..Slate 8 Mayfield Road Mechanicsburg, Pa. 17055 ,. :"YIO White '0. SUAvMHG SPOUSE 11f..... \)MI maden nwnel Linda ..... ''". Cumberland 170.0 :::..."":"..'::'.. YOTHER'S NAME iFul. Micde. Malden s.--flWl'leI ...- 10. FATHER'S NAME (First MIOllIe. LaSlI ... INFORMANT'S NAME (TypeilPrn) Grace Bergdoll '0. INfORMANrS~ADOAESStSlr"',~~, S&Me. Zipeoct.>> ,.... 8 Mayfield Road Mechanicsburg, Pa. 17055 PlACE OF OtSPOSr11ON. Heme ofC....-.y. c.emMoty lQC.Q1OH - CiIy{fown, SIal.. Zip coo. '" ""* ...... Clenna Bex z w :il ::.:l o ('; ~ z IA-. /, ~ /I~ .... METHOD OF 06SPOSlTK)N O BuriM 0 C.....KIn~lforn~.O Oooebon 0Ihef (Sp.;afy\ . 21.. SlGNAlURE OF F :Uc. FD-012662-L DATE PRONOUNCED OEADIMonlt1, Day. Veal) 2.. .4... 25. S-- -r L. 2 <-'" 27. PART.: EntM the dise.H.. injuI_ otcomplicalioM, wftidI cauHdthe dealh 00 nol enc"lhe mode of dying. such as c.udiac at lespilalo'Y afllJsl. siIoctIOI healtla...... Lisa only one cause on.-ch... L <>~J,.> "",J( ll."",,-!- 0UE1O ASACQNSEOUENCEOf): I-,\./.,c l : DUE 10 (OR AS A CONSEQUENCE OF); DUE 10 toR AS A CONSEOuENCE Of)" WERE AUTOPSY FlHOlHGS MANNER OF DEATH A\MJlA8lE PRIOA 10 COMPlETK>H OF CAUSE: -~.. ~x [J OF OERH1 Hom.cicM -..... 0 P.ndlnQ lIweallgalion fJ ...f23- ,...~ ... Ox -... 0 Coukt noli be del.rm,ned 0 DATE OF INJURY (MonlllOay. Veall Conolite Crematory Schaefferstown, Pa 17088 2111. NAME AND AOORESS Of FACa.ITY Myers Funeral Home, Inc 37 East Main Street Mechanicsburg, Pa. 17055 LICENSE NUMBER DATE S6GNEO ('MOr*\,Oay. 'Mall 22c. ...0 X 20. I AppfoJlilnal. , in1etvIII between : onMI and dHIh I i Olhef signiftcanl condl&iona COI'lIf'<<IUCInQ 10 elM"'. bUI nDI .....ing in !he under1ylng ca... g;..n in PARt t ftME OF INJURY INJURY AT WORK? DESCRI6E HC1N INJURY OCCURRED ,... 0 ...0 20. PlACe OF INJURY. AI horne.latm. ......lactory. offiCe buolding, .-c. ISpecIlv) _. ... ze._ HIlI. CERT.IER ICtleck only onet 'CERTaFYtHG PHYSICIAN tPl1)'SIC.-n certi)eog cauM d deilU'l wI18l" .anoU'ler pI'lvs.c.atl has plQnOl..II1CtKI dedlh ano completed l1el1l 23l To.... bnI: 01 "',. knowledge,._ OCC""'" due...... cauM('I.nd fftanner.. .tal.... . .~:=..~y~=~~1I::~:c~~:~...::=:a~'::7=~:~:=~~:~).~o~':::r...I.I..... 0 ...EDlCAl EXAMINER/CORONER ~~~~::::i:I::=~~t"~~ ,..n.~~ ~~~~~I~~~t,~: ~n, ":.Y. ~~i.n.j~~: ~~~~~ ~~;~~~~ ~~ ~~ ~I~...~.I:: ~~~.~I~~~: ~~~.~~~ ~~ ~~~ ~~;~~~).~~ 0 ". v:.,....... ,.. REGISTER OF WILLS OF ~tt/J1IBBEZMJ.J> COUNTY OATH 01IS~8~~lf~I[G WITNESS (!/lA-Jt.L.6 t: SH/GZ.PS 2lL ('nrli~i+. (uek). a subscribing witness to the will presented herewith, (~being duly qualified according to law, depose(s) and say(s) that NE Iuf5 present and saw ~A' e ~ the testatnr'" . sign the same and that "e signed as a witness at the request of testat~ in h ,~ presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). ~fP.~ t!KINtU!!5 is ~Il , CUJttsSf~. ~~~/(J~IJq~~RI. I 7DS'r (Address) Sworn to or affirmed and subscribed before --18t'n me this day of '<Y'o..~\ d.O~ r- J-\Q"~ ~~~---:3'- (Name) (Address):;') ,- ci -.+"':::-... testat_ subscribing witnesses COUNty WITNESS "-, REGISTER OF WILLS OF OATH OF NON-SUBSCRIBI (each) a subscriber hereto, (each) being duly qu . ied according to law, depose(s) familiar with the si ture of codicil will presented herewith codicil" believes the signature on th will is in the handwriting of that Sworn to or affirmed me this Register (Name) (Address) the testat the same and that request of testat_ i presence and (in the presence other subscribing witness(es)). COUNTY NESS REGISTER OF WILLS OF OATH OF SUBSCRIBING codicil (e a subscribing witness to the will present law, dep s) and say(s) that signed as a witn s at the each other) (in the presence f the Sworn to or affirmed and subscribe me this (Address) Register (Namj) :- -,,; d 1'... (Address) -~.- -< ::c -'J REGISTER OF WILLS OF Cu.m8eeL/l.Aii> COU~TY ~ OATH OF NON-SUBSCRIBING WITNESS '-' 2 \ - 04 - L-rl L III~UJ /I; SAI~L7ZET<. ~ a subscriber hereto, ~ being duly qualified according to law, depose(s) and say(s) that S"ftr /S familiar with the signature of ~HN C. AlE){ codicil testat~ of ~lh.. Gf tke ~t1.15~\.o.;b;lI~ wiLli""""" L61 the will presented herewith and -€eaie:il believes the signature on the will is in the handwriting of that ~ ck;NN Eo 8'X to the best of ~e:1( knowledge and belief. "a f2 ~ V /Dt.A It SAl/R.T2et( ~. (Name) 1/7 S. 'IN, S 7:. NGIUr'~Al7; 1'74 17D7l./ (A ddress) (Name) (Address) LAST WILL AND TESTAMENT OF JOHN E. BEX I, JOHN E. BEX, currently of 8 Mayfield Road, Mechanisburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and making void anx <y1d all prior Wills Py me at any time heretofore made. ,- g 1. 3~ I direct the payment of all my just debts and funeral expenses as soon after my d6€ease as the same can conveniently be done. -~ c 2. I am currently the joint owner of real estate with my spouse which is located at 205 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, In the event that I am predeceased by my spouse, then I give and devise this real estate to my grandson, JAY D. BEX and his wife, KATHY BEX, by the entireties, absolutely and as a specific devise. The fees, commissions, death taxes and the like which would typically be assessed against its value are to be borne by the residue of my estate. This devise is, however, subject to the following conditions: (1.) my said grandson or his wife must survive me. Otherwise, if they both fail to survive me this devise shall lapse and shall be considered part of the residue of my estate. (2.) my said grandson and/or his wife must have maintained diligent rental payments on this premises during my lifetime. In the event they failed or refused to do so then likewise this devise shall lapse and shall be considered part of the residue of my estate. (3.) It is a further condition ofthis devise that my said grandson and his said wife be married at the time of my grandson's death in the event he predeceases me. In the event the said KATHY BEX was not then married to him, then she shall not take any share in whole or in part of this devise. 3. I give, devise, and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, to my wife LINDA RAE JOHNSON BEX, to her own use and benefit absolutely. 4. In the event, however, that my said wife, LINDA RAE JOHNSON BEX, should predecease me, or should die at about the same time as I die, such as in a disaster or accident common to both of us, I give, devise and bequeath my said Estate to my wife's mother, HELEN JOHNSON. 5. I nominate, constitute and appoint my wife, LINDA RAE JOHNSON BEX, to be the Executrix of this my Last Will and Testament. In the event that she is unable or unwilling to act as Executrix, I appoint FULTON BANK, to be the Executor in her place and stead. I further direct that they shall not be required to file bond or other security in the Office of the Register of Wills for t!hwfu~~ ~_g,- ~'~&;c.l~ .~ ~ the purpose of administering my Estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal th~~ day of I1t ~ , A.D. 2004. ::,. - JOHN E.BEX (SEAL) Signed, sealed, published and declared by the above-named JOHN E. BE X, 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 subscribed our names as witnesses. ~ E..~~ 1'Aul. ,-~.b.:J~ CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent John E. Hex Date of Death: May 12, 2004 Will No. Admin. No. 21-04-472 TO THE REGISTER: I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on August 3,2001: Name Address Linda Rae Johnson-Bex 8 Mayfield Road, Mechanicsburg, PA 17055 205 East Winding Hill Road, Mechanicsburg, PA 17055 100 N. Woodpecker Road, Hagerstown, IN 47346 Jay Bex Brian Bex Notice has now been given to all persons entitled thereto under Rule 5.6(a) except Date: June 3,2004 ~."... ~C~.&J CHARLES E. SHIELDS, III 6 Clouser Road Mechanicsburg, PA 17055 Telephone: (717) 766-0209 Counsel for Personal Representative r-- i'--- I ~) "") v-- INRE: ESTATE OF JOHN E. BEX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. 21-04-472 NOTICE OF CLAIM To the Clerk of the Orphans' Court Division: Index and make proper entry in your official records of the claim of BRIAN BEX in the amount of$543,300.90 against the estate of the above-named decedent. This claim is filed under 20 Pa.C.S.g3532. This Notice is without prejudice of all other rights and claims of Brian Bex. The said decedent, whose last known residence was at 8 Mayfield Road, Mechanicsburg, Cumberland County, Pennsylvania, died on May 12, 2004. Written notice ofthis claim was given to Charles E. Shields, III, Esquire, counsel for the Estate on February 4, 2005. Respectfully submitted, By: ml One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Counsel to Brian Bex Date: February 4, 2005 .) : ) j""o",) ~...J 549849.1 ; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO Box 280601 HARRISBURG, PA 17128-0601 February 15, 2005 Telephone (717) 787-3930 FAX (717) 772-0412 Charles E. Shields, III Attorney at Law 6 Clouser Road Corner of Trindle and Clouser Roads Mechanicsburg, PA 17055 t",.:; , ~ I: ,:~"; ("'-', c:.) Re: Estate of John E. Bex File Number 2104-0472 Dear Sir/Madam: This is in response to your request for an extension of time to file the Inheritance Tax Return for the above estate. In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for filing the return is extended for an additional period of six months. This extension will avoid the imposition of a penalty for failure to make a timely return. However, it does not prevent interest from accruing on any tax remaining unpaid after the delinquent date. The return must be filed with the Register of Wills on or before 08/12/05. Because Section 2136 (d) of the 1995 Act allows for only one extra period of six (6) months, no additional extension(s) will be granted that would exceed the maximum time permitted. / since~ (]~~J~ '/kfl;f/~ Claudia Maffei, stJp~sor Document Processing Unit Inheritance Tax Division ~~ MRY-17-2005 02:24 PM HRMPTON_INN 605 362 1800 P.01 . oIl1l7"~S TIlE 15: 18 FAX 717 231 8876 RHOADS . SINON LLP llJoo2 lNRE: ESTATE OF JOHN E. BEX, Deceased IN '!HE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DMSION No. 21-04-472 APPEAL FROM RltGISTER OF WlLl.S TO THE REGlSTI!:~ OF WILLS OF CUMBERLAND COUNTY: The undcrsq;ned, 11 party in intercat, appeals to the ORPHANS' COURT of IBid CQ1.mty frQm the decision of the REGISTER OF Wn..LS in the Estate admitting to Probate a cmain writing, dllted Mareh 12,2004 lIS the IlI.!t will of said decedent, tin letters testamentary thereon. OON. ad Print Appellant's Nmne & Address Hallerstown. IN 47346 Altorney; Srank:v A. Smith. Esauire David:K. Kruft. ~Quire 1.0. No. 33782 1.0. No. . 91010 Address; Rhoa~ & Sinon lJ p P.O. 'Box 1146 .l.:lliIriSblU"\:. PA 17108-1146 Dale Filed: S4~475.J 563437.1 , Stanley A. Smith, Esquire Attorney ID No. 33782 David K. Kruft, Esquire Attorney ID No. 91010 Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Petitioner . ) ,n CJ (.;"1 INRE: ESTATE OF JOHN E. BEX, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-04-472 PETITION FOR CITATION SUR APPEAL FROM REGISTER IN PROBATING A CERTAIN WRITING NOW COMES, PETITIONER, Brian W. L. Bex (the "Petitioner"), by and through his attorneys, Rhoads & Sinon LLP, requesting the issuance of a Citation to Show Cause why the Appeal from Probate filed by him, pursuant to 20 Pa. C.S.A. 9908 from the May 18, 2004 Decree of the Register of Wills of Cumberland County admitting to probate as the Will of John E. Bex, a certain writing dated March 12,2004, and granting letters testamentary thereon, should not be sustained, the Decree of the Register revoked, the Letters Testamentary granted to Linda Rae Johnson-Bex revoked, and the Register of Wills directed to open the probate record to receive the Irrevocable Joint Will dated November 27, 1968 (as hereinafter defined), to probate as the Last Will and Testament of John E. Bex. In support thereof, Petitioner avers the following: Backl!round 1. John E. Bex (the "Decedent") died on May 12, 2004, a resident of Cumberland County, Pennsylvania. A certain writing dated March 12, 2004, was admitted to ,~ probate on May 18, 2004 by the Register of Wills of Cumberland County, Pennsylvania, and letters testamentary thereon were granted to Linda Rae Johnson-Bex. A copy of the writing is attached hereto as Exhibit "A". 2. Prior to the execution of the writing dated March 12,2004, Decedent had executed an irrevocable Joint Last Will and Testament on November 27, 1968 (the "Irrevocable Joint Will"). The Irrevocable Joint Will was executed by the Decedent and his spouse, Jeanne S. Bex. A copy of the Irrevocable Joint Will is attached hereto as Exhibit "B". 3. Petitioner is the son of Decedent and Jeanne S. Bex, the pnmary beneficiary under the Irrevocable Joint Will and the named Executor under the Irrevocable Joint Will and, therefore, is a party in interest. 4. On May 18, 2005, Petitioner filed his Appeal from the Decree of the Register of Wills. The record of proceedings has been certified to the Court. The Irrevocable Joint Will 5. The Decedent and Jeanne S. Bex executed the Irrevocable Joint Will "in consideration of the others making his or her Will, and of the provisions made herein in each other's behalf. . .". 6. In the Irrevocable Joint Will, the Decedent and Jeanne S. Bex agreed that the provisions of the Will "[could not] be changed or varied by either without the consent in writing of the other." 7. Under the terms of the Irrevocable Joint Will, upon the death of the first to die of Decedent and Jeanne S. Bex, their entire estate passed to "the survivor for life, with power -2- to consume...without giving bond or the intervening ofa trustee." Upon the death of the second to die, the estate passed to their "heirs hereinafter named." 8. The heirs in the Joint Irrevocable Will were Petitioner and John David Bex. John David Bex predeceased the Decedent. 9. The Irrevocable Joint Will was signed at the end by both John E. Bex and Jeanne S. Bex. 10. Jeanne S. Bex died on September 3,2001. A copy of the Death Certificate of Jeanne S. Bex is attached hereto as Exhibit "C". 11. The Irrevocable Joint Will was admitted to probate on September 7, 2001, and Letters Testamentary thereon were granted to Decedent. A copy of the Decree of Probate of the Irrevocable Joint Will is attached hereto as Exhibit "D". 12. On March 12, 2004, Decedent executed a certain writing. This writing was in violation of his contractual obligations under the Joint Last Will and Testament executed by him and Jeanne S. Bex. 13. The writing dated March 12, 2004 was admitted to probate on May 18, 2004. A copy of the Decree of Probate of the writing is attached hereto as Exibit "E". 14. Because John E. Bex has freely surrendered his right to revoke the Irrevocable Joint Will, the writing dated March 12,2004 and probated on May 18, 2004 was null and void and of no legal effect. - 3 - 15. The probated Irrevocable Joint Will reflects the irrevocable testamentary intent of Decedent. WHEREFORE, Petitioner requests that the Court issue a Citation directed to all parties in interest of the Estate of John E. Bex, deceased, under the writing dated March 12, 2004, to show cause why the appeal of the Petitioner from the Decree of the Register of Wills admitting to probate as the Will of John E. Bex, that certain writing dated March 12, 2004, and granting letters testamentary thereon, should not be sustained, the Decree of the Register of Wills revoked, the Letters Testamentary granted to Linda Rae Johnson-Bex, and the Register of Wills directed to open the probate record to receive the Irrevocable Joint Will dated November 27, 1968 executed by John E. Bex and Jeanne E. Bex, to probate as the Last Will and Testament of John E. Bex. RHOADS & SINON LLP BY:~~~ ( tanley A. Smith, squire Attorney J.D. #33782 David K. Kroft, Esquire Attorney J.D. #91010 1 South Market Square P. O. Box 1146 Harrisburg, P A 17108 (717) 233-5731 Date: !-tAr ri3. ~5 - 4- MRY-17-2005 02:24 PM HAMPTON_INN 605 362 1800 P.02 'OSi17Y05 TUB 15:20 FAX 717 231 8878 RBOAD9 . SINON LLP ijl] 009 VERIFICATION BRIAN W. L. BEX, deposes and ,",)'II, subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unswom falsification to 8Illhori tics, that he has authority to make Ibis verification and that the fac:ts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. ~-') <~~~ ~ ~~WL"'~ ~ Date: s-: I '7 -~~ Stanley A. Smith, Esquire Attorney ID No. 33782 David K. Kroft, Esquire Attorney ID No. 91010 Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Petitioner INRE: ESTATE OF JOHN E. BEX, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-04-472 CERTIFICATE OF SERVICE I hereby certify that on the ~ day of May 2005, a true and correct copy of the Petition for Citation sur Appeal from Register in Probating A Certain Writing was served by means of United States mail, first class, certified, return receipt requested, upon the following: Daniel L Sullivan, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, P A 17055 ~~ I/- WAuTr I . . . LAST WILL AND TESTAMENT OF JOHN E. BEX I, JOHN E. BEX, currently of 8 Mayfield Road, Mechanisburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and making void any and all prior Wills by me at any time heretofore made. 1. I direct the payment of all my just debts and funeral expenses as Soon after my decease as the same can conveniently be done. 2. I am currently the joint owner of real estate with my spouse which is located at 205 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, In the event that I am . predeceased by my sponse, then I give and devise this real estate to my grandson, JAY D. BEX and his wife, KATHY BEX, by the entireties, absolutely and as a specific devise. The fees, commissions, death taxes and the like which would typically be assessed against its value are to be borne by the residue of my estate. This devise is, however, subject to the following conditions: (I.) my said grandson or his wife must survive me. Otherwise, if they both fail to survive me this devise shall lapse and shall be considered part of the residue of my estate. (2.) my said grandson and/or his wife must have maintained diligent rental payments on this premises during my lifetime. In the event they failed or refused to do so then likewise this devise shall lapse and shall be considered part of the residue of my estate. (3.) It is a further condition ofthis devise that my said grandson and his said wife be married at the time of my grandson's death in the event he predeceases me. In the event the said KATHY BEX was not then married to him, then she shall not take any share in whole or fn part Of this devise. 3. I give, devise, and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, to my wife LINDA RAE JOHNSON BEX, to her own use and benefit absolutely. 4. In the event, however, that my said wife, LINDA RAE JOHNSON BEX, should predecease me, or should die at about the same time as I die, such as in a disaster or accident common to both of us, I give, devise and bequeath my said Estate to my wife's mother, HELEN JOHNSON. 5. I nominate, constitute and appoint my wife, LINDA RAE JOHNSON BEX, to be the Executrix of this my Last Will and Testament. In the event that she is unable or unwilling to act as Executrix, I appoint FULTON BANK, to be the Executor in her place and stead. I further direct that they shall not be required to file bond or other security in the Office ofthe Register of Wills for ~~~ ~.( fh....__. ~ &.,'cJu.-., ~: ~u"Y(f" ~ - ~ .€--v . . . the purpose of administering my Estate. . IN WITNESS WHEREOF, I have hereunto set my han.d and seal th~1:<. day of IJt ~ , AD. 2004. '" ~ .JOHN E. BEX (SEAL) Signed, sealed, published and declared by the above-named JOHN E. BEX, 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 subscribed our names as witnesses. ~ ~./Ld4? ~.,-~~:J~ f,~ J \> f -~c:; ~~~ ~: .i I:: ,',< JOINT 1JIelst JlIill elM Wtgt~nt BE IT REMEMBERED, That We, JOHN E. BEX and JEANNE S. BEX, hus- band and wife, of 8 Mayfield Road (Mechanicsburg 17055), Upper Allen Township, County of Cumberland and Commonwealth of Pennsylvania, both being of sound minds and disposing memories, and desiring to make this disposition of our earth ly affairs so that no contention may arise concerning the same when we, or either of us be dead, and also to provide for the distribution of each of our separate est ates in the event of our simultaneous deaths in a common disaster, so each mutua _ ly in consideration of the other's making his or her Will, and of the provisions made herein in each other's behalf, make this our JOINT LAST WILL AND TEST AMENT, thereby voiding all prior Wills heretobefore made by either of us, and agree that the same cannot be changed or varied by either without the consent in writing of the other. AND FIRST, We direct that our respective funerals be conducted in manners corresponding with our respective estates and situations in life, and that all of our respective and just debts and funeral expenses shall be fully paid and satisfie as soon as conveniently may be after our respective deaths. AND to such estate as it has pleased God to entrust to us separately and joint it is the will and desire of each of us, and our mutual desire, that on the death of either of us our entire estate, real, personal and mixed whatsoever and whereso- ever it may be situate, together with the rest, residue and remainder thereof, and the estate of the one so dying, shall pass to the survivor for life, with power to consume or pass on to our heirs hereinafter name:!, without giving Bond or the intervening of a Trustee. AND in the event of our simultaneous deaths in a common disaster, the pro- ceeds from the sale of our real estate, if necessary, at private or public sale, together with all of the sum total of all monies, including the liquidation of any stocks, bonds, negotiable securities, insurance. policies, and any other personalt as well as the rest, residue and remainder thereof, we bequeath and devise unto END OF PAGE ONE (1) OF TWO (2) PAGES . . ,..'... " ,. ;"" our two (2) Beloved Sons, by dividing it into two (2) equal shares, mare and share alike, namely: BRIAN WILLIAM LOUIS BEX, as of this date residing in Bloomington, Indiana; and JOHN DAVID BEX, as of this date residing at home with us. AND WE hereby nominate, constitute and appoint each other in the event of one pre-deceasing the other, as Executor or Executrix, but in the event of a common disaster, then our Son BRIAN WILLIAM LOUIS BEX shall be the Executor with commission. We trust that he shall consult Attorney Peter Kre hel, Sunbury, Pennsylvania 17801, for any assistance in the administration of our estates, and we further direct that our Executor shall not be required to post bond in this or any other jurisdiction. IN WITNESS WHEREOF, we , JOHN E. BEX and JEANNE S. BEX, the Testator and Testatrix, have hereunto set our hands and seals to this our Joint Will this J. 7 day of November, 1968. ~L~e~ v -1cJ?llVV-...IC>-5. g~ (SEAL) (SEAL) Signed, Sealed, Published and Declared by the above named JOHN E. BEX and JEANNE S. BEX, husband and wife, as and for their Joint Last Will and Testa ment in the presence of us, who have hereunto subscribed our names at their request as Witnesses thereto, in the presence of the said Testator and Testa- trix and of each other. 2.~ residing at~ \\AY-\\<2 ~ Q\";'l.\ \"I.,c~ .'-\.h~ \'"'>:> \"A.. ,-~::-:, "'iding.' "~ \- q . , PIa . y-~ TWO (2) OF TWO (2) PAG;;S~ . I, '. rfl? W;]~e. Ert6 OF PAGE . . "",,', , ." ~;:' , . \' : :,~;;":'~~" . ',.;,,"" This is to cettifY that the infotmation here given is correctly copied from an original certificate of death du)y filed with me as Local'Registrar. The original cettific.ill be forwarded to the State Vital Record.ce for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 p 7556007 No. (~~ U'JJ~n9 Local Registrar --?A1;;;u.t?p-; > r ddb/ Date 11105.144A"",1I91 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (Coroner) TYPE/PAINT '" PERMANENT BLACK INK ~ ~ o o - ~ z 1211 ~111.;l1 '" 2.Female R Bex lmOEA1DJtf Houri ~.I STATEFllENUMSEfl SOCIALSECURlTYNUaABER " 359 14 1715 DnEOFDEATHIMooIll,o..y,_1 4. September 3. 2001 sl/lTHPl-ACE(Cil~and PLACEOfDEATH(O>IId<ooIyono-M8'....''''''''''''''''__l StaIO"" Fcrl;gnCounlry) HOSPITAl: Chicago, Illinois I......,~nl 0 ER/OutpaliM'll 0 7. .... FACILlTYNAIllE<"not.,ohlUlion,giv.",_ondnurnt>GIl ""' -~. ~., Cumberland "'-"'P1 HelD :h~='=OI MOTHER'SNAMt:IRr..,MoMo,Ma"*,Sur~ Rowena Webster " "''''''''''tfJ':y^Wela'Il'ila:JrJfeci:';nft!illtlrg, Pa. 17055 Cumberland CITY, BOA DEATH Upper Allen 8 Mayfield Road k. DECEOENT'SllSUALOCCllMlON ~G....e kir<l ol......k done<lul;'.;1j mool otwork"r;o;;';n,a"aker) 11. 1 OECEDENT'Sl<<tUNG"'ODFlESS(Sl'eeI.C.yflown.SI.tI.,Zip~) Own Home w.o.soeCEOENTEVEFlIN 1l,S,AAlllEDFOflCES? Ve.D NoIXl u. DECEDENT'S =~ RESlo.ENCE ($ee.....u.::l<>ns __I 17..SI.I. ennsy vama 8 Mayfield Road Mechanicsburg, Pennsylvania 1705 17b.""""1 Harro Scharbau John E. Sex FIo"""'~lromSIII400 ". PLACEOI'OISPOSITtOH-NoIm.olConMoI''l'.C,*""la,v a,QlMrPlac>l Conolite Crematory 2111. PEFl IoCT1NGASSUCH UCENSENUMIlEfI FD-014318-L Tolhoobfl.lot ~ .clHlhac<:UffeClOllh.t.....OOle.....placeOlOI.d ~I u.. Tll.!EOFOEAfH prx. 2. 1:00 AM 27........,.1: Enl...,...._.lnJ....ar<:amplie<ltla.......""'c_lhoo_lII,OcIlOl.nt.rl...."""'"ot~"Il,.....",..CII'dio<arftlopi'.Io<y'"..1._a'.....n"'lIur. LiIIanl10n0........Ofl.ach~.... OATE PflONOONCEO DE...D(Mor'h.O.V.V."1 September 3. 2001 Presumed Natural Causes OIJE1O~OAAS"'CONSEallENCEOFI: DUE 10 (OR AS'" CONSEQUENCE OF)' DUE1O(ORASACONSEQUENCEOf) WEREAUTOPSVFINOINOS MANNER OF DEATH -.LAlllEPRIOR1O COMPlETK>N OF CAUSE Of DEATH? N.lu,.1 DAlEOFINJUFlV IMMlfl.D.",.......r) _0 A<ciOOnl ,I(l l-IomiciOO 0 0 P.ndln~ln...lig.uon 0 0 CaWlnlllbfl""'.,m..od 0 20.0. 2b. PLIoCE OF INJUI'lY...., U"""'. i."''1..I,..'.lOC1ary, 0""", buldin~,.IC.(Spoc'>1 ,~. M. ,,0 Sulc'" 8. 21.. 2.... CEATIFlERiCl'leckonlVono) .CERT1FYIHOPHYSIClAN(l'h~"nC"hlY;"Il<.y...ol""",n""...,.""'h""'y""",,nh"p'onouflC"jaealh~,ldcomplo""II""n23J T"lI>obfl"otmy..llO....dg.o._haccu.ftIddu....u.........o/.l_m'''.''......I.ted,. .PIIOHDUNClNG...NOCERTlFYINOPHYSICI...NII'I'V......"txl'IIlp'O""'-""''''IId....It1.MCSlhfyjngtoc......"'."".,,,) To1hobo.tolmwk""..Iedg.,_th,,"urnd.ttll.llm..d.t...ndpl&C.,.ndd"'IOII'Io~UH(').IId.........f...t.lod.. .MEDICAl EXAMINER/CORONER Ot1ll1oba.',ol...ml".Uon.ndlorlnv..lIl1.Uon,l"mwoplnlon,d..ll'loccurr.d.llh.llm.,d.t..andpl.c.,.ndd...lollNtuu....jand "'.nn....iJI.t.lI..............,................................................................................... .., =~'IO RACiE.........ric:.ntndian,81Odl.Whil.,.." (Spec'vl VV'hite "'"'" 4I'''or5+l MARIT...lSTATUS._no.t ,.....--.W_. [lr.,,~~mE!a pper ,~ SURVlVINOSPOU$E Ol_.go..maiclon"",",,,,) John E. Bex en wp. llc.Dv..,GecedentlklOd'" ~ilyltla'a lOCIG"ION.CilvfT<>wn. SIal"ZipCado Schaefferstown: Pa. 17088 NAMEAND...OORESSOfFACllITY Myers Funeral Home, Inc. 37 East Main Street Mechanicsburg, Pa 17055 UCENSENUMllER DATE SiGNED ~lo\o,otI,. a.v. 'fll.'l t2c. ~. ~ w.o.sCASEREFERREDlOIofEOICAl.Ex.u.t.NER/COfIONER? 8. ~.IQ ....0. ,,0 '''wo'_ .......,..: Olhor09llI"''''candillano'''''''riOIlllllgIOllO.m.'IlIll jlnl_bO......n .......-w,glnlhou.-tvl"ll<:a...gi\oeninPART. i.....'onddNIh TIME Of"INJURY INJURYATWORK? DESCRl8EHOW1NJURYOCCURRED Yo. D NoD Coroner o GNED(MOI.no.yv"atl D 31C. Ud. Sep't. 4. 2001 NAME AND ...DDRESS Of PEFlSON WHO COMPl€TED C"'USE Of DEATH (lIom21)TYPOlO.PrtnIMichael L. Norris. Coroner ~ 6375 Basehore Road. Suite iiI p(n. Mechanicsburg. Pa. 17050 DIJEFILED(Mor1II1,UaV,Y"'J "Se Tembe;e.. 'I ..l,," I . No. 21-01-832 . Estate of JEANNE S BEX , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW SEPTEMBER 7 PSK.2QQ1., in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me. IT IS DECREED that the instrument(s) dated NOV. 27.1 %R described therein be admitted to probate and filed of record as the last will of JEANNE S. BEl{ TESTAMENTARY JOHN E. BEl{ and Letters are hereby granted to ~ 0.. :e,,~ 0"-'- J>B.Ct".~ Register of Will! I FEES Probate, Letters, Etc. ......... Short Certificates( 8) . . . . . . . . . . Renunciation ................ x-pages JCP $ 340.00 $ 24.00 $ $ 3.00 ::;.06 TOTAL _ $ 'l7?oo . . . . .?F?!'.. 7...200l. . . . . . . . . . . . . . . . SCOTT M. DINNER, ESQ. ATTORNEY (Sup. Ct. to. No.) 3117 Chestnut St. CAMP HTT ,r. pn 1 71111 ADDRESS Filed 717-761-5800 PHONE \~~ic~ 9"-7-0\ PETITION tR PROBATE and GRANT OtLETTERS Estate of "\;."'A"''''.s. ~)C. No.:J/ - Of - 2r3:l a/so known as To: Register of Wills for the County of in the Commonwealth of Pennsylvania Deceased. Socia/SecurityNo. ~-J'f.-n6 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the ~u~ in the last will of the above decedent. dated Co oo.r- and codicil(s) dated named ~,l~ Decendent was domiciled at death in he r last family or principal residence at (state relevant circumstances, e.g. renunciation, death of executor, etc.) Ci. ounty I Pennsylvania, with ?t:> u.. /r..:- ( .... r (list street, number and muncipality) years f ag died ,:190 I at,(t ~ .. ' Except as ollows, decedent did not marry, was not dlv rced and did not have a child born or adopted after execution of e will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent 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 situated as follows: $~"DO $ $ $ WHEREFORE, petitioner(s) respectfully request(s) th~probate of the last will and codicil(s) presented herewith and the grant of letters ~~+.:.~ A ~ (testamentary; dmlnlstratlon c.La.; admmlstraUon d.b.D.c.t.a.) theron. 11 u = u :2-;;- ~~ U" "'u = ",,0 :a"" _u .:;"- U~ ~o ;; = '" Vi Co 'CoS ?Ie> S3: OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF COORmMID } 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 represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed \\~ t: ~ ~J '" before me this 6th ~ { =n - ~. ,~. '/Y'yl!UJ ~~~ ~ /7 -:;-' ~?1 ').'f"~ Register ~ . . REGISTER OF WILLS OF G.......J.<<t'""(~.J COUNTY OATH OF SUBSCRIBING WITNESS codicil (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that present and saw the testa! , sign the same and that signed as a witness at the request of testa! in h presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this day of 19_ Register (Name) (Address) (Name) (Address) REGISTER OF WILLS OF CUMBERIAND COUNTY OATH OF NON-SUBSCRIBING WITNESS ~,~<< (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that WE ARE familiar with the signature of JEANNE S. BEX <lOOiOO{ will ~~~r-I testa! RIX (}(~~ r S-((:.-. that THEY of (one of the subscribing witnesses to) the presented herewith and ~ will is in the handwriting of believes the signature on the to the best of THEIR JEANNE S. BEX knowledge and belief. Sworn to or affirmed and subscribed before me this 6Th day of SEPT'. lqJ9 2001 Register 21-04-LfIL .No. Estate of :ro'nn r ~o 'l<. . , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ('{\~ I <t .;latA 19"_, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated :'5 - 12 - 2601 described therein be admitt probate and filed of record as the last will of and Letters are hereby granted to c.Y\O ~cln ~ h r- M ~ $"'~~-k~' 11. -l... Register of Wi r"'. l~ FEES Probate, Letters, Etc. ......... $ 15 .00 Shon Certificates(.5) . . . . . . . . .. $ LC). ('() ~~.~~ $O.l'D ~ $ ID.oC TOTAL _ $53.00 Filed q.-.la:-,,;2.CN.'t.......... .......... ~/!~;u ATIORNEY (Sup. Ct. J.D. No.) 38f;JJ' C/(AIUSS E. <SYIBJ5 .1lL " ('{"Me( /lA /J/EM,I/AI/asJ!!3tl1f?6 f1A- /7os;> ADDRESS 7/7-7~-OZ:iPf PHONE * . . PETITION4tOR PROBATE and GRANT t LETTERS 8ex No. 21- 04 - 4/ Z To: Estate of . ....J()/{# I!:. also known as Register of Wills for the Deceased. County of c.v..mi!JIEII!L.AAI.b in the Social Security No. 3t>'I- (':l. - '17'fb Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are t8 years of age or older an the executrix in the last will of the above decedent, dated /'i11UY".J. 1:1.. and codicil(s) dated named ,~~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in (',,_Iv"'/....! ; last family or principal residence at l? h1~;;"Jd County, Pennsylvania, with ,zJ,.;ye . /J!P.U,IU."=... II<" ':J (list street, number and muncipality) Defendentl then 8S years of age, died IJZA.y I ~, y:t?LX> if , at (f/nrtEI. ? /1/"y/;;/'/ I?M<<, 1"-fJ/",".r/l-IJ/JIt ~. . Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent 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 situated as follows: 11/.... 'of $ .s; "DO. "D $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters 71/267J1I11S1177NrY theron. (testamentary; administration c.t.a.; adru.ilIi~!ration d.b.D.c.t.a.) "'-'" It E~~~ ~ii /1/EeNI1IVICS${'(A(;.,I7~ /7or$" .eo.. .. v. 50 ~ o ., in c:i .t::.." ;::-:;;:'- ,:>: . J c: OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA l ss COUNTY OF Cot! At~~l> f 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 represen- tative(s) of the above decedent petitioner(s) will wen a d truly adm' ister the estate according to law. aff~ed and subscribed / '" day of (U'N- ;;;. I 1:.'<'\, " W '" - " 4 ~ Reg ~ . ,." . . codicil a subscribing witness to the will present law, dep s) and say(s) that COUNTY NESS REGISTER OF WILLS OF OATH OF SUBSCRIBING thetestat the same and that presence and (in the presence signed as a witn s at the each other) (in the presence f the request of testat other subscribing witness(es)). Sworn to or affirmed and subscribe me this (Address) Register (Namy;- ......; , - d '. (Address) s:;; -< ~ --" -0 REGISTER OF WILLS OF Cuml3eetAol/ii>. COUNTY c' OATH OF NON-SUBSCRIBING WITNESS 1 \ - ()I-\ - LnL tiNeA A; SQ": L 7Z E7'( -f=ht a subscriber hereto, ~ being duly qualified according to law, depose(s) and say(s) that SM!r IS familiar with the signature of ~HN E. 8a c6d:..:l testat~ of {{h~.. ....f tHe :rtll5"..~;b;ue. WiLlI!"'~.:'lI,..:'l t~ the will presented herewith and esaidl believes the signature on the will is in the handwriting of that 6NE ~N Eo .8h to the best of hie<<. knowledge and belief. )t a tl ~ Sworn to or affirmed and subscribed before V/DLA if." SAl<<.T2etl' h. ct.'" BllZ, (." me t IS . Hame) //7 S. 'II(, s 7.. /VtFw~i?A!7; ;U-4 1707'1 (Address) (Name) (Address) ,. I . "'\ . . REGISTER OF WILLS OF (JJ-/ /H~"p COUNTY OATH OQ}~8~~lfitG WITNESS CV!A-IlU;S E?: SIY/GZ./O 2lT rnA;dl-- (.a.e) a subscribing witness to the will presented herewith, feaeItr being duly qualified according to law, depose(s) and say(s) that HE ttH5 present and saw ~" S ~ the testat",- , sign the same and that he signed as a witness at the request of testator'" in 11 ~~ presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). ~ /7d'_ . ~- (f) ')f!/ ~C. 1 t!Kmt~6 I!!J Sf"1I , C!UJlIS6( /u>. ;i2~tr!~1l6;.Rf; '705r Sworn to or affirmed and subscribed before --.J 81::...... me this day of >"'~~~~ (Address) (Name) (Address).':..') ;- ~..;;. .. ci -i:>. ;;; -: -....:: REGISTER OF WILLS OF OATH OF NON-SUBSCRIBI COUNTY WITNESS .~ J Sworn to or affirme me this testat subscribing witnesses presented herewith codicil '" believes the signature on th will is in the handwriting of 'C.,,,,r c: that Register (Name) (Address) . Stanley A. Smith, Esquire Attorney ID No. 33782 David K. Kruft, Esquire Attorney ID No. 91010 Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Petitioner INRE: ESTATE OF JOHN E. BEX, Deceased - <;:2 c::~- (:) '-:::::n ~J~h, ,.. "'-::0 ,-:: (}-) ?=- c:>() (~? ';2-n i--i~ 'C) :v ...., ~ ZA -"1/'" .~ r"',:'; ,;;;.... "?: -~ CoR ,-" - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DMSION No. 21-04-472 PRELIMINARY DECREE AND NOW, this'2?- day of ~ ,2005, upon consideration of the .... annexed Petition of Brian L. Bex, a citation is awarded, directed to Linda Rae Johnson-Bex to show cause why the appeal of Brian L. Bex from the May 18, 2004 Decree of the Register of Wills of Cumberland County admitting to probate a certain writing dated March 12, 2004 as the Will of John E. Bex, deceased, should not be sustained, the Decree of the Register revoked, and the Register of Wills directed to open the probate record to receive the Irrevocable Joint Will dated November 27,1968 to probate. BY Returnable "3 '() ~ ~~OLUOL ..5/1.-1 ( 0 5 JYLJh L~1O : OHARLlE S/-hl2U)S) LSD.. J ~(E:L&1.-Lt\lA-N) E.SQ..) ]) A1/ I b K.. KF?LLFT ESQ. _ CKI+DA1)5.t-.S.IJ-JOj-.j lLP) 563491.1 , L ;91 , - C'J ~--:' '~',] -.-, \ ,:--,"-\ .,.;.-' ~-~ c::~-'~ . ..,.., 7) (\1 '~. _"'4""..~ " ,~,"l'l'~!".' '.",.,,,,,"~'''~"'. ""'-,",-, ,,,,,,,,,,,,,".,,.~:"""'+"iW~ METTE. EVANS & WOODSID A PROFESSIONAL OORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG. PA 17110-0950 DANIEL L. SULLIVAN IRS NO. 23-1985005 TELEPHONE (717) 232-5000 FAX (717) 236-1816 http://www.mette.com June 15,2005 Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 RE: EST ATE OF JOHN E. BEX No. 21-0~ L\l2. E-MAIL ADDRESS dlsullivan@mette.com (Cumber nd County, PA) Enclosed for filing with your office, please find the original two (2) copies of the Response of Linda Rae Johnson-Hex, Executrix ofthe Estate of John . Hex, to Petition for Citation Sur Appeal from Register in Probating a Certain Writing. PI ase file the original and return time-stamped copies to the undersigned. I have enclosed a self addressed, postage prepaid envelope for this purpose. Dear Ms. Strasbaugh: If you have any questions about this filing, please do not hesi Very truly yours, METTE, EVANS & W ~1- Daniel L. Sullivan DLS:dlh Enclosure cc: Stanley A. Smith, Esquire (w/enclosure) David Kruft, Esquire (w/enclosure) 426353vl ("Respondent"), by and through her attorneys, METTE, EV ANS & ODSIDE and RE: ESTATE OF JOHN E. BEX IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, P A ORPHANS' COURT NO. 21-04-~ lf12.. RESPONSE OF LINDA RAE JOHNSON-BEX EXE THE ESTATE OF JOHN E. BEX. TO PETITION FOR CITATION SUR APPEAL FROM GISTER IN PROBATING A CERTAIN WRITIN AND NOW, comes Linda Rae Johnson-Bex, Executrix ofthe state of John E. Bex CHARLES E. SHIELDS, III, ESQUIRE, and hereby files the followi g Response to Petition to Citation Sur Appeal from Register in Probating a Certain Writing: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that ohn E. Bex and Jeanne S. Bex executed a document titled Joint Last Will and Testament, and th t a copy ofthe document is attached as Exhibit "B." Exhibit "B" is a writing which speaks for tself and Respondent denies the accuracy and completeness of Petitioner's attempt to descr be, interpret or otherwise characterize the document. The description of the document as "irrev cable" is a conclusion of law to which no response is required. Respondent denies the accurac of Petitioner's shorthand 2 description of the document as the "Irrevocable Joint Will," and will i tead refer to it herein as the "November 27, 1968 Will." 3. Admitted in part and denied in part. It is admitted that etitioner is one of two sons of John E. Bex and Jeanne S. Bex. The November 27, 1968 Will n its face treats Petitioner equally with his brother, John David Bex, now deceased. T e remaining averments of this paragraph attempt to describe and interpret the November 27, 196 Will and are denied because Exhibit "B" is a written document that speaks for itself and be ause the averments are conclusions of law to which no response is required. 4. Admitted. 5. It is admitted only that John E. Bex and Jeanne S. Bex xecuted the November 27, 1968 Will. The remaining averments are denied as stated. The Nove ber 27, 1968 Will is a written document which speaks for itself and Respondent denies the a curacy and completeness of Petitioner's attempt to describe, paraphrase, selectively quote or ot rwise characterize the contents thereof. 6. Denied as stated. The November 27, 1968 Will is a wr tten document which speaks for itself and Respondent denies the accuracy and completenes of Petitioner's attempt to describe, paraphrase, selectively quote or otherwise characterize the c ntents thereof. 3 7. Denied as stated. The November 27, 1968 Will is a wri en document which speaks for itself and Respondent denies the accuracy and completeness of Petitioner's attempt to describe, paraphrase, selectively quote or otherwise characterize the co tents thereof. In further response thereto, Petitioner's attempt to interpret the November 27, 19 8 Will is a conclusion of law to which no response is required. 8. Denied as stated. The November 27, 1968 Will is a wri en document which speaks for itself and Respondent denies the accuracy and completenes of Petitioner's attempt to describe, paraphrase, selectively quote or otherwise characterize the co tents thereof. In further response thereto, Petitioner's attempt to interpret the November 27, 19 8 Will is a conclusion of law to which no response is required. 9. It is admitted that the November 27, 1968 Will was sig ed at the end by both John E. Bex and Jeanne S. Bex. 10. Admitted. 11. It is admitted that the November 27, 1968 Will was ad itted to probate on September 7, 2001, that Letters Testamentary thereon were granted to ohn E. Bex and that a copy of the Decree of Probate and Grant of Letters is attached as Exhi it "D." 12. Denied as stated and denied. On March 12,2004, John Bex properly executed a testamentary document entitled "LAST WILL AND TEST AMENT 0 JOHN E. BEX" prepared 4 for him by his attorney, Charles E. Shields, Esquire. A copy is attache hereto for convenient reference as Exhibit "A." The remaining averments of paragraph 12 a conclusions oflaw to which no response is required. 13. Admitted. 14. The averments of paragraph 14 are conclusions of law t which no response is required. In further response thereto, however, even assuming, for pu oses of argument only, the accuracy of Petitioner's averments, John Bex's Last Will and Test ent dated March 12, 2004 is a valid testamentary document properly admitted to probate. J hn E. Bex's March 12, 2004 Will validly and properly sets forth his testamentary intent and hi wishes for disposition of his estate, and should be observed, honored and implemented in all res ects. 15. The averments of paragraph 15 are conclusions oflaw t which no response is required. In further response thereto, however, even assuming, for poses of argument only, the accuracy of Petitioner's averments, John Bex's Last Will and Tes ent dated March 12, 2004 is a valid testamentary document properly admitted to probate. WHEREFORE, Petitioners having failed to set forth any facts r reasons why John E. Bex's March 12,2004 Last Will and Testament should not have been itted to probate and should not be administered, the Petition and Appeal of Petitioner shou1 be denied and dismissed. By: Dated: Cs, ( Ie; {o S Respectfully submitted, METTE, EVANS & WO Daniel L. Sullivan, Esqui Sup. Ct. LD. No. 34548 Vicky Ann Trimmer, Esq ire Sup. Ct. LD. No. 49679 3401 North Front Street P. O. Box 5950 Harrisburg, P A 1711 0-09 0 (717) 232-5000 - Phone (717) 236-1816 - Fax Charles E. Shields, III, Es uire 6 Clouser Road Mechanicsburg, P A 1705 (717) 766-0209 - Phone Attorneys for Linda Rae J OOson-Bex, Executrix of the Estate of 000 E. Bex following document and verify that the facts set forth herein are true a d correct to the best of VERIFICATION I, LINDA RAE JOHNSON-HEX, Executrix ofthe Estate of Jo E. Hex, have read the my knowledge, information and belief. To the extent that the foregoin document and/or its language is that of counsel, I have relied upon counsel in making this erification. I understand that any false statements made herein are subject t the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: (PIt if /~ooc;' . (, A I, JOHN E. BEX, currently of 8 Mayfield Road, Mechanisburg, Cum dand County, Pennsylvania, being of sound and disposing mind, memory and understandin do make, publish and declare this my Last Will and Testament, hereby revoking and making void ny and all prior Wills by me at any time heretofore made. t. I direct the payment of all my just debts and funeral expenses as soo after my decease as the same can conveniently be done. 2. 1 am currently the joint owner of real estate with my spouse which' located at 205 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, In he event that I am predeceased by my spouse, then I give and devise this real estate to my g dson, JAY D. BEX and his wife, KATHY BEX, by the entireties, absolutely and as a specific devis The fees, commissions, death tues and the like which would typically be assessed against its value re to be borne by the residue: of my estate. This devise is, however, subject to the following con itions: (1.) my said grandson or his wife must survive me. Otherwise, ifthey bot fail to survive me this devise shall lapse and shall be considered part oftbe residue of my estate. (2.) my said grandson and/or his wife must have maintained diligent rental payments on this premises during my lifetime. In the event they failed or refused to do so t en likewise this devise shall lapse and shall be considered part of the residue of my estate. (3.) It is a further condition of this devise tbat my said grandson and his s 'd wife be married at the time of my grandson's death in the event he predeceases me. In the even the said KATHY BEX was not then married to him, then she shall not take any share in whole 0 in part bfthis de\'ise. 3. I give, devise, and bequeath all the rest,.residue and remainder of y Estate, real, personal and mixed, whatsoever and wheresoe\'er situate, to my wife LINDA RAE JO NSON BEX, to her own use and benefit absolutely. 4. In the event, however, that my said wife, LINDA R~ JOHNS me, or should die at about the same time as I die, such as in a disaster or us, I give, devise and bequeath my said Estate to my wife's mother, HEL N REX, should predecease cident common to both of N JOHNSON. 5. I nominate, constitute and appoint my wife, LINDA RAE JOB SON REX, to be the Executrix of this my Last Will and Testament. In the event that sbe is ble or unwilling to act as Executrix, I appoint FULTON BANK, to be the Executor in her place a d stead. I further direct that they shall not be: required to file bond or other security in the Offic of the Register of Wills for ~~.~ . ~.~~cJ~ L-9~: ~-~ the pUfllose of administering my Estate. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal t . 'J1t~ . A.D. !OO.. ~ JOHN E. nx day of (SEAL) Signed, sealed, published and declared by the above-named JOHN E. SEX, as and for bis Last Will and Testament, in the presence of us, who at his request and in his pre nee, and in the presence of each other, have hereunto subscribed our names as witnesses. ~ ~..~//? ~''-~~G~:J~ RE: ESTATE OF JOHN E. BEX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-04-472 ORPHANS' COURT ORDER OF COURT AND NOW, this -2-0 day of June, 2005, following a review of the appeal and the response filed to the Rule to show cause, a hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Tuesday, July 19, 2005, at 8:45 a.m. f~ ~ ~ ~d ";J 4. l' .; b1 o ..,.<1 -.) "<! 0 4~ . d ' ,-.3 t:: Daniel L. Sullivan, Esquire Charles E. Shields, III, Esquire For Linda Rae Johnson-Bex, Executrix of the Estate of John E. Bex ( Stanley A. Smith, Esquire David K. Kruft, Esquire For Brian Bex '--.-., (..",") C' ~ CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing do ument upon the person(s) and in the manner indicated below, which service satisfies the requir ments of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Stanley A. Smith, Esquire David Kroft, Esquire RHOADS & SINON Twelfth Floor One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 By: ,..-;--- ~ 15'17.. Oi)) 426218vl Respectfully submitted ~1- METTE, EVANS & W Daniel L. Sullivan, Esq ire Sup. Ct. J.D. No. 3454 Vicky Ann Trimmer, E quire Sup. Ct. J.D. No. 4967 3401 North Front Stree P. O. Box 5950 Harrisburg, PA 171100950 (717) 232-5000 - Phon (717) 236-1816 - Fax RE: EST A TE OF JOHN E. BEX IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHANS ' COURT DIVISION 472 NO. 21-04-~ JUDGE BAYLEY CONCURRED-IN MOTION FOR CONTINUANCE OF HEARING SET FOR JULY 19. 2005 AND NOW, comes Linda Rae Johnson-Bex, Executrix of the Estate of John E. Bex ("Respondent"), by and through her attorneys, METTE, EV ANS & WOODSIDE, and Charles E. Shields, III, Esquire, and hereby files the following Concurred-In Motion for Continuance of Hearing set for July 19,2005: 1. By Order dated June 20, 2005, the Honorable Edgar B. Bayley scheduled a hearing to be held on July 19,2005 at 8:45 a.m. with respect to a Petition for Citation Sur Appeal from Register in Probating a Certain Writing filed on behalf of Petitioner, Brian L. Bex, and the Respondent's Response thereto. 2. Both Petitioner and Respondent are involved in on-going investigation ofthe claims relating to the Petition, are contemplating the need for formal discovery, and through counsel are discussing the matters raised in the Petition between themselves. .. 3. Both Petitioner and Respondent believe that it is premature to schedule a hearing given the on-going investigation, case development and discussions of the parties and believe that the hearing scheduled for July 19,2005 should be continued. 4. In addition, Charles E. Shields, III, Esquire, co-counsel for Respondent, and potentially a witness at a hearing, is scheduled to be out-of-state between July 16-26, 2005 to attend a school/seminar for which non-refundable payments and associated travel expenses approaching Two Thousand Dollars ($2,000) have been paid. 5. In light of the foregoing, Linda Rae Johnson-Bex, Executrix of the Estate of John E. Bex, respectfully requests that the Court continue the hearing scheduled for July 19, 2005, and that the hearing be rescheduled upon praecipe of either party requesting that the matter proceed. 6. The undersigned has discussed the contents ofthis Motion with Stanley A. Smith, Esquire, counsel for Brian Bex, and Mr. Smith concurs in this request. WHEREFORE, Respondent respectfully requests that the Court issue the attached Order continuing the hearing from July 19, 2005 to a date to be scheduled upon praecipe of either party. .. Dated~ ~812.::o S By: Respectfully submitted, METTE, EVANS & WOODSIDE . ~1-~ Daniel L. Sullivan, Esquire Sup. Ct. J.D. No. 34548 Vicky Ann Trimmer, Esquire Sup. Ct. J.D. No. 49679 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, P A 17055 (717) 766-0209 - Phone Attorneys for Linda Rae Johnson-Bex, Executrix of the Estate of John E. Bex . , CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Stanley A. Smith, Esquire David Kruft, Esquire RHOADS & SINON Twelfth Floor One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, P A 17055 ~ '2.. 8, ""2..15'0 S By: Respectfully submitted, METTE, EVANS & WOODSIDE ~1-~ Daniel L. Sullivan, Esquire Sup. Ct. I.D. No. 34548 Vicky Ann Trimmer, Esquire Sup. Ct. I.D. No. 49679 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax .7'..... ., .:-r '" :'y ;~\ \~~/ "- RECEIVED JUN 28 2005.:{ RE: ESTATE OF JOHN E. BEX IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A ORPHANS' COURT DIVISION 4,2- NO. 21-04-J>M JUDGE BAYLEY ,.~ AND NOW, this ) day of~05, upon consideration ofthe Concurred-In Motion for Continuance of Hearing, and noting specifically the concurrence of counsel, the hearing scheduled for July 19,2005 at 8:45 a.m. is hereby continued. The matter will be re1isted upon praecipe by either party. / BY THE CoURT / / -- V)~ 3,::: l..f\::::S Daniel L. Sullivan, Esquire a sr: Charles E. Shields, II, Esquire ---- - L.!);:'" For Linda Rae Johnson-Bex, Executrix of -:;:::--;;;. the Estate ofJohn F. Bex -- Stanley E. Smith, Esquire ~ f~ B,i" B" -, ,"' 427161vl COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone September 20, 2005 717-787-6670 Charles E. Shields, III 6 Clouser Rd. Mechanicsburg, Pa. 17055 Re: Estate of John E. Sex File Number 2104-0472 Dear Mr. Shields: The Department has been advised that the above-referenced estate is presently involved in litigation. The Department will suspend further activity on this estate until September 20, 2006. You are required to notify the Department when the status changes or the extension date expires. If you have any questions, please contact me at (717-787-6670). Steven Ja e Inheritance ax Division E-Mailsjames@state.pa.us FAX 717-772-0412 ( I' Rt CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner ofTrindle and Clouser Roads MECHANICSBURG, PA 17055 GEORGE M. HOUCK (1912-1991 ) TELEPHONE (717) 766-0209 FAX (717) 795-7473 December 13,2005 Register of Wills Cumberland County Court House 1 Court Square Carlisle, P A 17013 Re: Estate of John E. Bex No. 21-04-00472 Dear Register of Wills: '" Please find enclosed for filing 2 copies of the Inheritance Tax Return for the John E. Bex Estate along with Check No. 1537 in the amount of$15.00 for the filing fee. The additional probate check and the Inheritance Tax due check will be mailed under separate cover in the immediate near future. Thank you for your kind attention to this matter. Very truly yours, ~t/bP~ Charles E. Shields, III Attorney-At-Law CES/mjj Enclosures ('r .-1\ \\d t,::J '0 .' ","""It S \ J~U REV-1500 EX (6-00) OFFICIAL USE ONLY , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV -1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER c::? I o If 00'17:<. COUNlY CODE YEAR NUMBER I- Z W o W U w o DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) Bex John DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) 5/12/2004 4/25/1919 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Linda Rae Bex [i] 1. Original Retum D 4. Limited Estate [i] 6. Decedent Died Testate (Attach copy of Will) D 9. Litigation Proceeds Received E SOCIAL SECURITY NUMBER 304-12-9796 THIS RETlJRN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 174-40-8015 W l- ll:: :$11) uD::ll:: wlLU J:OO uD::..J lLa! lL c( D 2. Supplemental Retum D 3. Remainder Retum (date of death prior to 12-13-82) D 4a. Future Interest Compromise (date of death after 12-12-82) D 5. Federal Estate Tax Retum Required D 7. Decedent Maintained a Living Trust (Attach copy of Trust) _ 8. Total Number of Safe Deposit Boxes D 10. Spousal Poverty Credit (date of death between 12-31-91 aod 1-1-95) D 11. Election to tax under Sec. 9113(A) (Attach Sch 0) .... Z W Q Z o D.. VI W a: a: o () THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS Charles E. Shields, III, Es . 6 Clouser Road FIRM NAME (If Applicable) TELEPHONE NUMBER Mechanicsburg, PA 17055 717-766-0209 1. Real Estate (Schedule A) (1) $0.00 $462,851.52 $0.00 $0.00 $28,478.60 $0.00 (-ofFICIAL USE ONL i'C; r~--=- C.l") ,.,-0 -:::1:};J, ~ -~T:P n -"0:;.-11 . :-::0 ,.-., ~~ o. ...~...... (Jl 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) z o i= :5 :J I- 0: < u w 0::: 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) 6. Jointly Owned Property (Schedule F) (6) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) ~ :....,J en $0.00 8. Total Gross Assets (total Lines 1-7) (8) $29,549.07 $2,135.00 $491,330.12 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) (11) $31,684.07 $459,646.05 $0.00 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) (12) (13) 14. Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES (14) $459,646.05 15. Amount of Line 14 taxable at the spousal tax $561.00 x .0 L(15) z rate, or transfers under Sec. 9116 (a)(1.2) 0 i= 16. Amount of Line 14 taxable at lineal rate $459,085.05 x .0 45 (16) c( I- :J $0.00 lL 17. Amount of Line 14 taxable at sibling rate x .12 (17) ::E 0 $0.00 U 18. Amount of Line 14 taxable at collateral rate x .15 (18) >< c( 19. Tax Due I- (19) 20.0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT $0.00 $20,658.83 $0.00 $0.00 $20,658.83 > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < 3W4645 1.000 Yes D D D D without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . .. D 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? D 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D ~ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I h ",examined this return, Including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the pars oal representative is based on all information of which preparer has any knowledge. Decedent's Complete Address: SiREET ADDRESS 8 'Mea fJ.eld Road Cumberland CITY Mechanicsbur STATE PA Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) $0.00 $0.00 $0.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) $738.70 $0.00 Total Interest/Penalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. Make Check Pa able to: REGISTER OF WILLS, AGENT (5B) PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: a. retain the use or income of the property transferred;. . . . . . . . . . . . . . . b. retain the right to designate who shall use the property transferred or its income; . c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . . d. receive the promise for life of either payments, benefits or care? . . . . . . . . . 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death SIGNATURE OF PERSON RES PO Linda Rae Bex ADDRESS 8 Mayfield Roa SIGNATURE OF PREPARER 0 Charles E. Shields, III, Esq. ADDRESS 6 Clouser Road Mechanicsburg, PA 17055 DATE 2!I- ~/! Mechanicsburg, PA 17055 ZIP 17055- $20,658.83 $0.00 $738.70 $0.00 $21, 397.53 $0.00 $21,397.53 No [Jg [Jg ug ug ~ og II /Z.JD~ r f For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. !j9916 (a) (1.1) (i)J. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. !j9116 (a) (1.1) (iI)] The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. !j9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. !j9116(1.2) [72 P.S. !j9116(a)(1)1. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P.S. !j9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. 3W4646 1.000 REV-1503 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE B STOCKS & BONDS FILE NUMBER John E Bex All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION 1. 5 Shares Arnold Industries, Inc. Titled: John E. Bex & Jeanne Bex TIC VALUE AT DATE OF DEATH $108.75 2 23,472.5 Shares Fulton Financial Corp. Titled: John E. Bex & Linda Bex TIC 46,945 shares titled as TIC so 1/2 is reported herein $462,290.89 3 10 Shares Harrisburg Professional Football Club, Inc. Deemed to be worthless. Correspondance sent to entities last registered address was returned by US Postal Service "addressee unknown". $0.00 4 5.0991 Shares Hershey Foods Corp. Titled: John E. Bex & Jeanne Bex TIC $451.88 5 15,000 Shares T.S. May & Associates, Inc. Preferred Stock Titled - John E. Bex Deemed to be worthless. Maryland revoked the Corporate Charter on 10/3/1994. $0.00 6 15,000 Shares T.S. May & Associates, Inc. Preferred Stock Titled: Johne E. Bex and Jeanne S. Bex TIC w/ROS Jeanne S. Bex died in 2001 Deemed to be worthless. Maryland revoked the Corporate Charter on 10/3/1994. $0.00 3W4696 1.000 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) $462,851.52 361301 00044800008970 @ Mellon Investor Services A Mefloll Financial CompulIY'ilJ P.O. Box 3338 South Hackensack, NJ 07606-1938 Shareholder Of: HERSHEY FOODS CORPORATION INVESTOR SERVICES PROGRAM STATEMENT PRINT DATE: CUSIP: SYMBOL: ACCOUNT KEY: INVESTOR ID: Page 1 of 2 06/21/2004 001-750-42786610 HSY BEX-JOHNE0200 125055912760 0004480 01 AX 0.292 ..AU~o T7 0 3613 17055-562708 C01 BHAIL -1 1111111...111111 .1.1111.1..1.1111111111.11111111111 11111111111 JOHN E SEX & JEANNE S SEX TEN COM 8 MAYFIELD ROAD MECHANICSSURG PA 17055-5627 PLEASE NOTE: THE JUNE 15,2004 DIVIDEND IS PAYABLE ON A PRE-SPLIT BASIS AT THE RATE OF $0.395 PER SHARE TO HOLDERS OF RECORD AS OF MAY 25, 2004. ACCOUNT QUESTIONS? CALL 1-800-851-4216. Year-To-Date Account Summary AS OF: 0611812004 CASH TOTAL MARKET VALUE ($) CLOSING PRICE ($) INVESTMENTS ($1 462.82 45.1900 TRAIoING FEES PAID BY ($1 SALE OF PLAN SHARES l$) COMPANY HAREHOLDE GROSS PROCEEDS TAX WITHHELD TOTAL ($) 4.01 Save this Statement for Tax Purposes DIVIDENDS TAX WITHHELD ($) AMOUNT TO INVEST ($) 4.01 NET AMOUNT INVESTED (S) 4.01 CERTIFICATED SHARES HELD SHARES HELD BY SHARES HELD BY YOU BY PLAN OTHER PLAN(S) TOTAL SHARES 5 5.2416 10.2416 1,)'0 ;1\,\1101 Current Activitv Information RECORD DATE TRANSACTION DIVlDEND SHARES ACQUIRED CASH TOTAL PAYABLE DATE DESCRIPTION RATE OR WITHDRAWN INVESTMENT ($) GROSS ($) OS/25/2004 COMMON DNlDEND 0.3950000 0.0434 2.01 06/15/2004 PARTICIPATING RECORD DATE DISTRIBUTION TAX TRADING FEES PAID BY ($) SERVICE FEES PAID BY ($) TOTAL CERTIFICATED SHARES SHARES HELD SHARES HELD BY TOTAL WITHHELD ($) cO"AHY 'HAA&HOUlER cO.ANY SHARlHOUlER NET ($) HELD BY YOU BY PLAN OTHER PLAN(S) SHARES 2.01 5 0.0991 5.0991 Year- To-Date Transaction Detail DATE TRANSACTION CASH NET TRADING SERVICE AMOUNT PRICE PER SHARES ACQUIRED SHARES HELD DESCRIPTION INVESTMENT ($) DISTRIBUTION ($) FEES ($1 FEES ($) INVESTED ($) SHARE ($) OR WITHDRAWN BY PLAN BALANCE FORWARD 0.0756 03115/04 COMMON. DIVIDEND 2.00 2.00 84.9393000 0.0235 0.0991 06/15/04 STOCK DIVIDEND/SPLIT 5.0991 5.1982 06/15/04 COMMON DIVIDEND 2.01 2.01 46.3232500 0.0434 5.2416 ---------------------------------------------------------------------------------------------------------------------------------. HERSHEY FOODS CORPORATION CUSIP: 001-750-42786610 ACCOUNT KEY: BEX--JOHNE0200 JOHN E BEX & JEANNE S BEX TEN COM 8 MAYFIELD ROAD MECHANICS BURG PA 17055-5627 Partial Withdrawal (Continue Plan Participation) Additional Cash Investments Issue a certificate for this number of shares: I Write the amount enclosed: Sell this number of shares: r I i__ l ~ I i Make check payable to: I___~ HERSHEY FOODS/MELLON BANK Ail ov..oer(sY musi'signancfdateabove- ( ) ConiScCNurme-r-------.--- Full Withdrawal (Terminate Plan Participation) i~ Issue a certificate for all full shares : ----.J and a check for fractional shares. YOU MAY INCREASE YOUR SHARES WITH OPTIONAL CASH INVESTMENTS OF $25 UP TO $250,000 PER YEAR. Sell all plan shares. Deposit of Certificates Deposit the enclosed number of shares: -----' .08/24/2005 20:57 17177957473 SHIELDS FultanBank LISTENING. (717) 291-2437 August 23, 2005 Charles E. Shields, ill 6 Clouser Road Corner ofTrindle and Clouser Roads Mechanicsburg, Pennsylvania 17055 Dear Mr. Shields, ill: RE: John E. B~, deceased May 12, 2004 In response to your recent inquiry concerning the accounts maintained in the name of the decedent, please be advised that the following accounts were open at the date of death: Checking # 3622-32898, open 10/9/2003, balance $5,164.10, joint with Linda R. Johnson Bex. The decedent also has 46,945 shares of Fulton Financial Corporate Stock, joint with Linda R. J. Bex. Please contact Fulton Financial Advisor at (717) 291-2546 if you require additional stock infonnation. If you should have any further questions, please do not hesitate to contact me. ,"-7 truly yo~ n (\ ~ #< 'P~~,TO~ Karen D. Hillegas Credit Inquiry Processor CUNFIDENTIAL :& rnfvr~ ;g fum~!f'r9d a$ a m8ft!r of bu..'.n.....s c' !11S'Wer to w_'.. ""''" \ . r' ...~'nrrqUlry, and '5 for your confidential u' . .:::ons~bll~ IS ~ssumed by thii bank or any of its ~. POBox ~rem~8Hi9~Uf}~4r,hanflewit"nl'! fultonbank.com 1-800-FUlTON-4 PAGE 02 ,,'\ .~. "-. v\ '\:;;) tV \.\. I' yO ! '\ ~r \c, '7 ~f.J ":"\ ~ . \} v IV I ~ ':':: '^' ~'f- /0''1 'J. REV-1508 E.X + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF John E Bex FILE NUMBER Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned witl1 the right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Jade Tree, 20th Century $400.00 2 Paintings and Jade Tree $75.00 3 Serenity Painting $800.00 4 Statutes, Etc. $27,080.00 5 Veteran's Life Insurance - Premium Refund $123.60 3W46AD 1.000 TOTAL (Also enter on line 5 Recaoitulation\ $ (If more space is needed. insert addHional sheets of the same size) $28,478.60 Personal Property Listing Category: Bronze & Other Metal Seul tures 1 . Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Buffalo Horse. Matrix: silver. Number: 18/50. Authentication by: Henry Bonnard Bronze Company. Base: marble. Statue dimensions: 31" taIl, 24" wide, 10" deep. Base dimensions: 36" tail, 21" wide, 14" deep. Corresponding Digital Photograph Files: r0309008, r0309009, r0309022Jpg ) \ 2 Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Bronco Buster. Matrix: silver. Number: 92/100. Authentication by: Henry Bonnard Bronze Company. Base: marble. Statue dimensions: 22" taIl, 16" wide, 7" deep. Base dimensions: 20" tail, 20" wide, 14" deep. Corresponding Digital Photograph Files: r0309010 & r0309023Jpg . $4,300.00 $5,000.00 ~ \ Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Mountain Man. Matrix: silver. Number: 2/50. Authentication by: Henry Bonnard Bronze Company. Base: marble. Statue dimensions: 25" tall, 10" wide, 19" deep. Base dimensions: 30 W'tall, 12" wide, 12" deep. Corresponding Digital Photograph Files: r0309011 & r0309025jpg Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Cowboy. Matrix: silver. Number: 78/100. Authentication by: Henry Bannard Bronze Company. Base: marble. Statue dimensions: 21" tall, 28" wide, 7" deep. Base dimensions: 20" tall, 20" wide, 14" deep. Corresponding Digital Photograph Files: r0309012 & r0309026jpg Statue. Artist: Lorenzo E. Gbiglieri (b.1931). Title: Flying Colors. Matrix: bronze & paint Base: wood. Statue dimensions: 21" tall, 17" wide"l2 W' deep. Base dimensions: 2" tall, 16 W' wide, 13" deep. Corresponding Digital Photograph Files: r0309013 & r0309029jpg $4,000.00 $4,000.00 $3,200.00 . Statue. Artist: Lorenzo E. Ghiglieri (b.1931). Title: Where the Buffalo Roam Matrix: Bronze. Base: wood. Statue dimensions: 17 Yz" tall, 49" wide, 24" deep. Base dimensions: 2" tall, 30" wide, 20" deep. Corresponding Digital Photograph Files: r0309017 & r0309028.' Statue. Artist: Richard Hahnemann. Title: Male Nature. Matrix: bronze. Base: wood & marble. Statue dimensions: 9" tall, 18" wide, 8" deep. Base dimensions: 20" tall, 24" wide, 14" deep. Corresponding Digital Photograph Files: r0309014 & r0309031Jpg 8 Statue. Artist: Marshall Mitchell (b.1917). Title: Steer Roping. Matrix: bronze. Base: marble. Statue dimensions: 15 Yz" tall, 23" wide, 10" deep. Base dimensions: 1 W'tall, 21" wide, 11" deep. Corresponding Digital Photograph Files: r0309015 & r0309030.jpg l\ Statue. Artist: James Earle Fraser (1876-1953). Title: End of the Trail. Matrix: Bronze. Base: marble. Statue dimensions: 19" tall, 18" wide, 5 Yz" deep. Base dimensions: 1 Yz" tall, 16" . e,6 , ep. Corres ding Digital Phot r0309016 Thi5 ,J'j",,/A,/J flit kz ,'ndu.. fJlllcuI .M ~,'5 /':/1 /11 Total Bronze & Other Metal Seul tures $3,500.00 $2,000.00 $1,900.00 tv4J $28,800.000 .. www.cordierantiques.com GALLERY Shoppes oj QUe Borough Hall 2201 J[arket Street Camp Hill, FA 17011 (717) 731-8662 (717) 731-9830 Fax APPRAISAL SERVICES INTERNET SALES Linda Johnson Bex Re. Estimated value of items Date: 10/30/04 Based on my opinion and observing the objects in our gallery, the value of the following objects is as follows: 1. Painting. Oil on Canvas "Serenity" signed Schofield for Peter Schofield. B. Michigan, 1913. $800.00 2. Jade Tree, 20th Century. $400.00 ~ avid J. Cordier Sponsor ~~!l}l.!9~!~u~!. WITF. REV.1511 EX+ (12-99) SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John E Bex ITEM NUMBER A. B. 4. FILE NUMBER Debts of decedent must be reported on Schedule I. DESCRIPTION FUNERAL EXPENSES: 1. Flower Boutique 2 Funeral Meal Total from continuation schedules 1. ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) WAIVED Social Security Number(s) I EIN Number of Personal Representative(s) Street Address City State Zip Year(s) Commission Paid: 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Linda Rae Bex Street Address 8 Mayfield Road City Mechanicsburq State P A Zip 17055 Relationship of Claimant to Decedent WIFE Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 1 2 3 3W46AG 1.000 7. Carlisle Sentinel Cumberland County Law Journal David Courtier, Appraiser Total from continuation schedules TOTAL (Also enter on line 9, Recapitulation) (If more space is needed, insert additional sheets of the same size) $ AMOUNT $362.52 $442.97 $3,838.00 $18,490.00 $3,500.00 $368.00 $95.27 $75.00 $442.97 $1,934.34 $29.549.07 Estate of: John E Bex 304-12-9796 Schedule H Part 1 (Page 2) Item No. Description Amount 3 Grace United Church of Christ $400.00 4 Limo rental $150.00 5 Myers Funeral Home $3,288.00 Total (Carry forward to main schedule) $3,838.00 Estate of: John E Bex 304-12-9796 Schedule H Part 7 (Page 2) 4 IBIS Appraisals, Carlisle $540.00 5 Photographs of PP -requested by appraisers $18.10 6 Reserve - Final Accounting Filing Fee $380.00 7 Stock Valuation Fees $6.20 8 Storage of Personal Property $990.04 Total (Carry forward to main schedule) $1,934.34 REV-1512 ~ + (12-03) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John E Bex SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH Charle E. Shields, Esq. $2,135.00 3W46AH 2.000 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) $2,135.00 REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John E Bex SCHEDULE J BENEFICIARIES NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1 Brian Bex Jade Tree, 20th Century Inventory Value: $400.00 Paintings and Jade Tree Inventory Value: $75.00 Serenity Painting Inventory Value: $800.00 Statutes, Etc. Inventory Value: $27,080.00 100% Residue: $430,730.05 2 Linda Rae Bex 8 Mayfield Road Mechanicsburg, PA 17055 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Son Surviving Spouse FILE NUMBER AMOUNT OR SHARE OF ESTATE $459,085.05 $561.00 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 3W46A11.000 TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET (If more space IS needed. Insert additional sheets of the same size) $ $0.00 I LAST WILL AND TESTAMENT OF JOHN E. BEX I, JOHN E. BEX, currently of 8 Mayfield Road, Mechanisburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and making void any and all prior Wills by me at any time heretofore made. 1. I direct the payment of all my just debts and funeral expenses as soon after my decease as the same can conveniently be done. 2. I am currently the joint owner of real estate with my spouse which is located at 205 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, In the event that I am predeceased by my spouse, then I give and devise this real estate to my grandson, JAY D. BEX and his wife, KATHY BEX, by the entireties, absolutely and as a specific devise. The fees, commissions, death taxes and the like which would typically be assessed against its value are to be borne by the residue of my estate. This devise is, however, subject to the following conditions: (1.) my said grandson or his wife must survive me. Otherwise, if they both fail to survive me this devise shall lapse and shall be considered part of the residue of my estate. (2.) my said grandson and/or his wife must have maintained diligent rental payments on this premises during my lifetime. In the event they failed or refused to do so then likewise this devise shall lapse and shall be considered part of the residue of my estate. I the purpose of administering my Estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal th~1,;.. day of 1ft ~ , A.D. 2004. ~ - JOHN E. BEX (SEAL) Signed, sealed, published and declared by the above-named JOHN E. BEX, 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 subscribed our names as witnesses. ~ E'..~4? ~. ,-~~:J~ INRE: EST A TE OF JOHN E. BEX, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-04-472 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made as of this ~ day of ~ , 2005, by and between LINDA RAE JOHNSON-BEX, individually and as Executrix of the Estate of John E. Bex (hereinafter "Linda Johnson-Bex"), and BRIAN L. BEX, individually (collectively referred to as the "Parties"). WITNESSETH: WHEREAS, John E. Bex (the "Decedent") died May 12,2004; and WHEREAS, the Decedent was survived by his second wife, Linda Johnson-Bex, and a son, Brian L. Bex, the Parties hereto; and WHEREAS, the Decedent left a certain writing dated March 12, 2004 (the "Writing"), which was admitted to probate on May 18, 2004 by the Register of Wills of Cumberland County, Pennsylvania; and 2004; and WHEREAS, Linda Johnson-Bex was granted Letters Testamentary on May 18, WHEREAS, prior to the execution of the Writing, the Decedent had executed a writing labeled "Joint Last Will and Testament" with his first wife, Jeanne S. Bex ("Jeanne Bex") on November 27, 1968 (the "Joint Writing"); and WHEREAS, Jeanne Bex died on September 3, 2001 and the Joint Writing was probated in the Office of the Register of Wills of Cumberland County, Pennsylvania on September 7, 2001; and WHEREAS, John David Bex predeceased the Decedent, and Brian L. Bex is the sole surviving child of the Decedent and Jeanne Bex named in the Joint Writing; and WHEREAS, Brian L. Bex filed a Petition for Citation Sur Appeal from Probate with the Cumberland County Register of Wills, challenging the Writing (the "Petition"); and 579003.2 WHEREAS, the Estate of John E. Bex filed a response to the Petition defending the Writing; and Writing. WHEREAS, the Parties desire to settle and resolve the litigation concerning the NOW THEREFORE, the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Incorporation. The "Preamble" and "Whereas" clauses set forth above are incorporated herein by reference. 2. Transfer of Assets from to Brian Bex. Within five (5) days of the execution of this Settlement Agreement, Linda Johnson-Bex, in her individual capacity or in her capacity as Executrix of the Estate of John E. Bex, as the case may be, shall transfer to Brian L. Bex the following assets: (a) The Estate of John Bex shall distribute and transfer to Brian L. Bex. 23,472.5 shares of the Fulton Financial Corporation stock as reported on Schedule B of the Form 706, United States Estate (and Generation Skipping Tax) Return for the Estate of John E. Bex, attached hereto as Exhibit "A." Of these shares, 18,088 shares shall be distributed in kind. The remaining shares shall be liquidated and the proceeds distributed in cash (the "Stock proceeds"). (b) In addition, Linda Johnson-Bex shall pay to Brian L. Bex a cash amount such that, when added to the Stock proceeds distributed under paragraph 2(a), shall result in Brian L. Bex being paid cash totaling $317,253.23. (c) Eight (8) pieces of artwork (the "Artwork") owned by Decedent at the date of his death, which artwork is more particularly described on Exhibit B (excepting, however, the Marshall Mitchell bronze titled "Steer Roping," which appears on Exhibit B but was not owned by Decedent at the date of his death), attached hereto and made a part hereof; and (d) All Family Memorabilia of the Decedent, Jeanne Bex, and their family, as defined herein. For purposes of this Settlement Agreement, "Family Memorabilia" shall include any and all writings, documents, photographs, films or similar material made by or concerning John E. Bex, Jeanne S. Bex, Brian L. Bex and/or John David Bex or their issue. (e) Brian L. Bex, or his agent(s), is responsible for pick-up and transportation of the Artwork and Family Memorabilia. Suitable arrangements and time for the pick-up shall be arranged through counsel for the Parties. Linda Johnson-Bex agrees to make the Artwork and Family Memorabilia available for pick-up within five (5) days of the execution of this Settlement Agreement. Any Artwork or Family Memorabilia not picked up by Brian L. Bex, or his agent(s) within thirty (30) days of execution of this Settlement Agreement shall be deemed abandoned by him and may then be disposed of by Linda Johnson-Bex in her sole discretion. 3. Artwork. Linda Johnson-Bex warrants and represents that the Artwork being transferred are the actual pieces owned by the Decedent at his date of death. Brian L. Bex expressly acknowledges that the Artwork being transferred pursuant to Paragraph 2( c) is being transferred "as is," and mayor may not be consistent with the descriptions in Exhibit "B". Linda Johnson-Bex expressly disclaims any representation of value of the Artwork. 4. Payment of Pennsylvania Inheritance Tax and Federal Estate Tax. The Pennsylvania Inheritance Tax due on the assets received by Brian L. Bex under Paragraph 2 of this Settlement Agreement shall be paid in equal shares by Brian L. Bex and Linda Johnson- Bex. Linda Johnson-Bex shall be responsible to pay all other Pennsylvania Inheritance Taxes and Federal Estate Taxes due and owing on the assets owned by the Decedent as of the date of his death or the transfer thereof, as the case may be. 5. Discontinuance of Litieation. Upon execution of this Settlement Agreement, and upon satisfaction of all conditions set forth herein (specifically including the transfer of assets set forth in Paragraph 2 hereof), Brian L. Bex shall withdraw the Petition with prejudice. 6. Mutual Release of Claims. The Parties do hereby release and forever discharge each other, their agents, heirs, executors, successors and assigns, of and from any and all causes of action, claims, and demands of whatsoever kind, in law or in equity, or otherwise, whether known or unknown, including but not limited to all claims and matters raised in or related to the probate of the Writing by Linda Johnson-Bex, which either party ever had, now has, or hereafter can, shall or may have, for, upon, or by reason of any matter, cause or thing whatsoever, from the beginning oftime to the date of execution of this Settlement Agreement. 7. Averment by Linda Johnson-Bex. Linda Johnson-Bex hereby avers that the Form 706, United States Estate (and Generation-Skipping Tax) Return for the Estate of John E. Bex (the "Form 706"), attached hereto as Exhibit "A" and made a part hereof, is true and correct to the best of her knowledge, that all assets owned by the Decedent at the time of his death are properly disclosed on the Form 706, and that she knows of no transfers of property by the Decedent to her or others prior to the Decedent's date of death that are not disclosed on the Form 706. The Form 706 mayor may not be filed by Linda Johnson-Bex if filing is not required as a matter of law. Linda Johnson-Bex further avers that the REV-ISOO Pennsylvania Inheritance Tax Return for the Estate of Jeanne S. Bex, attached hereto as Exhibit "c" and made a part hereof, is true and correct to the best of her knowledge. 8. Estate Accountine and/or Family Settlement Aereement. Brian L. Bex hereby agrees that, once the transfers described in Paragraph 2 have been completed, he shall not object to the matters and transactions disclosed in the Accounting of the Estate (the "Accounting"), whether such Accounting is filed with the Court or attached to a Family Settlement Agreement to which Brian 1. Bex is a party, provided, however, that the Accounting is in all respects consistent with the terms of this Settlement Agreement. In the event that the Accounting is not consistent with the terms of this Settlement Agreement, Brian 1. Bex reserves the right to object to said Accounting. If Linda Johnson-Bex elects to prepare and file a Family Settlement Agreement incident to closing the Estate. Brian 1. Bex agrees that he will execute this Family Settlement Agreement within five (5) days of being requested to sign and being provided with a copy for signature, provided that the Family Settlement Agreement is in all material respects consistent with the terms of this Settlement Agreement. In this event, this Settlement Agreement will be attached as an exhibit to the Family Settlement Agreement. 9. Entire Aereement. This Settlement Agreement contains the Entire Agreement between the Parties hereto, and the terms hereof are contractual and not a mere recital. 10. Governine Law. This Settlement Agreement shall be governed by and interpreted according to the laws of the Commonwealth of Pennsylvania. 11. Counterparts. This Settlement Agreement may be executed in duplicate original counterparts, and shall become binding upon the latest execution. The undersigned further state that they have carefully read the foregoing Settlement Agreement, have had the assistance of counsel in the review and execution of the Settlement Agreement, and that this Settlement Agreement is executed as their own free act. Brian 1. Bex acknowledges that he has had the assistance of Stanley A. Smith, Esquire of the law firm of Rhoads & Sinon, and Linda Johnson-Bex acknowledges that, in her capacity as Executrix of the Estate, she has had the assistance of DanielL. Sullivan, Esquire and Vicky Ann Trimmer, Esquire of the law firm of Mette, Evans & Woodside and of Charles Shields, Esquire, and that, having been afforded the opportunity to consult with separate counsel of her choice regarding her status as a beneficiary under the Writing, has chosen not to seek legal advice from separate counsel. IN WITNESS WHEREOF, the Parties hereto, for themselves, their heirs, personal representatives, agents, successors and assigns, have set their hands and seals the day and date first above written. WITNESS: ~ E~7i1 PARTIES J gr ~ //t~/~~ - I ~da Rae Johns~n-.aex, individually and as x . of the Estfite of John E. Bex COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ SS: On this, the l5.1tt. day of [; e1;; ~ ,2005, before me, a Notary Public, the undersigned officer, personally appeared LINDA RAE JOHNSON-BEX, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ ! / . J!L. Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIJi. Notarial Seal Q\ar\es E. Shields Ill. Notary PIJlIic Morvoe Twp., Cl.mberland County My Commission Expires June 20. 2008 Member, Pennsylvania Association Of Notaries STATE OF SS: COUNTY OF On this, the d -I day of O~, 2005, before me, a Notary Public, the undersigned officer, personally appeared BRIAN L. BEX, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 7J[al-t:'I ~ aJ~ Notary P~lic My Commission Expires: ~ ~ f (SEAL) Exhibit "A" . ! ~ Personal Property Listing Category: Bronze & Other Metal Seul tures 1 Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Buffalo Horse. Matrix: silver. Number: 18/50. Authentication by: Henry Bonnard Bronze Company. Base: marble. Statue dimensions: 31" tall, 24" wide, 10" deep. Base dimensions: 36" tall, 21" wide, 14" deep. Corresponding Digital Photograph Files: r0309008, r0309009, r0309022jpg 2 Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Bronco Buster. Matrix: silver. Number: 92/100. Authentication by: Henry Bonnard Bronze Company. Base: marble. Statue dimensions: 22" tall, 16" wide, 7" deep. Base dimensions: 20" tall, 20" wide, 14" deep. Corresponding Digital Photograph Files: r0309010 & r0309023Jpg $4,300.00 $5,000.00 6 3 4 5 Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Mountain Man. Matrix: silver. Number: 2/50. Authentication by: Henry Bonnard Bronze Company. Base: marble. Statue dimensions: 25" tall, 1 A" wide, 19" deep. Base dimensions: 30 W' tall, 12" wide, 12" deep. Corresponding Digital Photograph Files: r0309011 & r0309025jpg Statue. Artist: Frederic Sackrider Remington (1861-1909). Title: Cowboy. Matrix: silver. Number: 78/1 00. Authentication by: Henry Bonnard Bronze Company. Base: marble. Statue dimensions: 21" tall, 28" wide, 7" deep. Base dimensions: 20" tall, 20" wide, 14" deep. Corresponding Digital Photograph Files: r0309012 & r0309026jpg Statue. Artist: Lorenzo E. Ghig1ieri (b.1931). Title: Flying Colors. Matrix: bronze & paint. Base: wood. Statue dimensions: 21" tall, 17" wide, 12 Yz" deep. Base dimensions: 2" tall, 16 Yz" wide, 13" deep. Corresponding Digital Photograph Files: r0309013 & r0309029jpg $4,000.00 $4,000.00 $3,200.00 7 7 6 8 9 Statue. Artist: Lorenzo E. Ghiglieri (b.1931). Title: Where the Buffalo Roam. Matrix: Bronze. Base: wood. Statue dimensions: 17 )/.," tall, 49" wide, 24" deep. Base dimensions: 2" tall, 30" wide, 20" deep. Corresponding Digital Photograph Files: r0309017 & r0309028. . $3,500.00 I Statue. Artist: Richard Hahnemann. Title: Male Nature. Matrix: bronze. Base: wood & marble. Statue dimensions: 9" tall, 18" wide, 8" deep. Base dimensions: 20" tall, 24" wide, 14" deep. Corresponding Digital Photograph Files: r0309014 & r0309031jpg $2,000.00 Statue. Artist: Marshall Mitchell (b.1917). Title: Steer Roping. Matrix: bronze. Base: marble. Statue dimensions: 15 Yz" tall, 23" wide, 10" deep. Base dimensions: 1 1/." tall, 21" wide, 11" deep. Corresponding Digital Photograph Files: r0309015 & r0309030jpg $1,900.00 Statue. Artist: James Earle Fraser (1876-1953). Title: End of the Trail. Matrix: Bronze. Base: marble. Statue dimensions: 19" tall, 18" wide, 5 Yz" deep. Base dimensions: 1 Yz" tall, 16" wide, 6 Yz" deep. Corresponding Digital Photograph Files: r0309016 & r0309027jpg $900.00 Total Bronze & Other Metal Seul tures $28,800.000 8 .. .. Exhibit "C" 434525vl ~EV-I500 EX (!KlO) OFFICIAL USE ONLY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER COUNTY CODE YEAR NUMBER I- Z W C W (J W C DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) Bex John DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) 5/12/2004 4/25/1919 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Linda Rae Bex [iJ 1. Original Return D 4. Limited Estate [iJ 6. Decedent Died Testate (Attach copy of Will) D 9. Litigation Proceeds Received E SOCIAL SECURI1Y NUMBER 304-12-9796 THIS RElURH MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURI1Y NUMBER 174-40-8015 w ~ lI::SUl Ull:lI:: wll.U :1:00 Ull:...I II.IXl II. < THIS:SECTIONMUST.BECOMPLETED.ALLCORRESPONDENCE'ANDCONFiOENTIAI.'TAX.IIIIFORMATIONSHOUI..Il E1EOIRECTEDTO: NAME COMPLETE MAILING ADDRESS D 2. Supplamental Retum D 3. Remainder Return (data of daath prior to 12-13-82) D 4a. Future Interest Compromise (date of death after 12-12-82) D 5. Federal Estate Tax Return Required D 7. Decedent Maintained a Living Trust (Attach copy of Trust) _ 8. Total Number of Safe Deposit Boxes D 10. Spousal Poverty Credit Idote of deeth between 12-31-91 ond 1-1-95) D 11. Election to tax under Sec. 9113(A) IAltach SchO) f- Z W o z o II. VI W 0:: 0:: o U Charles E. Shields III Es . FIRM NAME (If Applicable) 6 Clouser Road TELEPHONE NUMBER 717-766-0209 Mechanicsburg, PA 17055 1. Real Estate (Schedule A) (1) (2) z o i= ~ :J I- ei: oct (J w 0::: 6. J~ Owned Property (Schedule F) U Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) (6) o 462,852 o o 28,479 o OFFICIAl USE ONLY 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or SOie-Proprietorship (3) 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (4) (5) o 8. Total Groas Assets (total Lines 1-7) (8) 491,331 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 1 D. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) o o 11. Total Deductions (total Lines 9 & 10) (13) o 491,331 o (11) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) (12) 14. Nat Value Subject to Tax (Line 12 minus Line 13) (14) 491,331 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or lransfers under Sec. 9116 (a)(1.2) 18. Amount of Line 14 taxable at collateral rate 561 490,772 o o x.D L(15) x.D 45 (16) x .12 (17) x.15 (18) (19) o 22,085 o z o i= < f- ::l 0.. ::E o U >< ~ 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable al sibling rate 19. Tax Due 20.0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT o 22,085 ,d. '.,;.. ~> 'BE'SURETQ;ANSWER,!ALLQUESrIONS~ON REVERSE SIDE AND RECHECK MATH < < 3W46451.000 Decedent's Com lete Address: STREET ADDRESS B.Ma . ~d Road Cumber~and CIlY Mechanicsbur STATE PA ZIP 17055- Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A Spousal Poverty Credit 8. Prior Payments C. Discount (1) 22,085 o o o 3. Interest/Penalty if applicable D. Interest E. Penalty Total Credits (A + 8 + C) (2) o o o TotallnteresVPenalty (D + E) (3) o 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) o 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 22,085 A. Enter the interest on the tax due. (SA) o 8. Enter the total of Line 5 + SA This is the BALANCE DUE. (58) Make Check Pa able to: REGISTEROFWlLLS,AGENT 22,085 No og og [j ua DQ D9 contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D [j IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalti.. of p.rjury, I d.clar. that I h8Y8 examined this return, including accomp.nying schedul.. and stat.m.nts, and to the b.st of my knowl.dg. and belief, it i. tru., correct and compl.t.. D.claralion of pr.par.r other than the p....onal repres.ntative is baa.d on aU information of which preparer haa any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING REWRN DATE Linda Rae Bex ADDRESS 8 Mayfield Road SIGNA"TURE OF PREPARER OTHER THAN REPRESENTAllVE Charles E. Shields, III, Esq. ADDRESS 6 Clouser Road Mechanicsburg, PA 17055 DATE ~~ ___ I!Im a Mechanicsburg, PA 17055 ..,"'.--...... .. -n -- .~ For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the SUfViving spouse is 3% [72 P.S. S 9916 (a) (1.1) (i)). For dates of d.ath on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. S 9116 (a) (1.1) (ii)] The statute does not exempt a transfer to a sUfViving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. S 9116(a)(l.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P .S. S 9116(1.2) [72 P.S. 9 9116(a){1 )]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P .S. S 9116(a){1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. 3W4646 1.000 REV. ISO;' .~X + (1..-98) . SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER John E Bex All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPllON 1. 5 Shares Arnold Industries, Inc. Titled: John E. Bex & Jeanne Bex TIC VALUE AT DATE OF DEATH 109 2 23,472.5 Shares Fulton Financial Corp. Titled: John E. Bex & Linda Bex TIC 46,945 shares titled as TIC so 1/2 is reported herein 462,291 3 10 Shares Harrisburg Professional Football Club, Inc. Deemed to be worthless. Correspondance sent to entities last registered address was returned by US Postal Service "addressee unknown". o 4 5.0991 Shares Hershey Foods Corp. Titled: John E. Bex & Jeanne Bex TIC 452' 5 15,000 Shares T.S. May & Associates, Inc. Preferred Stock Titled - John E. Bex Deemed to be worthless. Maryland revoked the Corporate Charter on 10/3/1994. o 6 15,000 Shares T.S. May & Associates, Inc. Preferred Stock Titled: Johne E. Bex and Jeanne S. Bex TIC w/ROS Jeanne S. Bex died in 2001 Deemed to be worthless. Maryland revoked the Corporate Charter on 10/3/1994. o 3W4696 1.000 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 462,852 REV-1508 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF John E Bex FILE NUMBER Include the proceeds of litigation and the date the proceeds were received by the estate. All property jolntly-owned with the rlaht of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Jade Tree, 20th Century 400 2 Paintings and Jade Tree 75 3 Serenity Painting 800 4 Statutes, Etc. 27,080 5 Veteran's Life Insurance - Premium Refund 124 3W46AO 1.000 TOTAL (Also enter on line 5 Recaoltulation) $ (If more space is needed, insert additional sheets of the same size) 28,479 REV-1513 EX+(9-00) SCHEDULE J BENEFICIARIES . . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John E Bex NUMBER I 1 2 NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] Brian Bex Linda Rae Bex 8 Mayfield Road Mechanicsburg, PA 17055 RELATIONSHIP TO DECEDENT Do Not List Trustee!s) Son Surviving Spouse FILE NUMBER AMOUNT OR SHARE OF ESTATE 490,772 561 ENTER DOLLAR AMOUNTS FOR DISTRIBUnONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 3W46A11.000 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET (If more space is needed, insert addItional sheets of the same size) $ o INRE: ESTATE OF JOHN E. BEX, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DNISION No. 21-04-472 PRAECIPE TO WITHDRAW PLAINTIFF'S APPEAL FROM PROBATE TO THE CLERK OF THE ORPHANS' COURT: Kindly withdraw Plaintiffs Appeal from the Register of Wills, with prejudice, which was filed in the above-referenced case on May 18, 2005. :OAD~~ Stanley A. Smith, EsqUIre Attorney J.D. #33782 David K. Kruft, Esquire Attorney J.D. #91010 One South Market Square P. O. Box 1146 Harrisburg, P A 17108 (717) 233-5731 Attorneys for Plaintiff ~ --I 585527. ] if 1'-.> C:,-,'") c_~) c., ~ (-'-.1 -, or (-) I (f! '""TJ LO :-f.'~J . '-7 i 'I , C) -., (-) ._11 I '., --) i, ,I . , \::J . _,.1 -:.. Co) :I-j C) - j..; INRE: ESTATE OF JOHN E. BEX, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-04-472 PRAECIPE TO WITHDRAW NOTICE OF CLAIM TO THE CLERK OF THE ORPHANS' COURT: Kindly withdraw the Notice of Claim by BRIAN BEX, with prejudice, which was filed against the above-referenced Estate on February 4,2005. By: tanley A. Smith, Esq ire Attorney LD. #33782 David K. Kroft, Esquire Attorney LD. #91010 One South Market Square P. O. Box 1146 Harrisburg, P A 17108 (717) 233-5731 Attorneys for Brian Bex ,"", v" C",l c; I I (.:1 1..[.) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT TRIMMER VICKY ANN 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110-0950 ___~n__ fold ESTATE INFORMATION: SSN: 304-12-9796 FILE NUMBER: 2104-0472 DECEDENT NAME: BEX JOHN E DATE OF PAYMENT: 12/05/2005 POSTMARK DATE: 12/02/2005 COUNTY: CUMBERLAND DATE OF DEATH: 05/12/2004 NO. CD 006058 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $10,698.77 I I I I I I I I TOTAL AMOUNT PAID: $10,698.77 REMARKS: CHECK# 794 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS GLENDA FARNER STRASBAUGH REGISTER OF WILLS METTE. EVANS & WOODSIDE VICKY ANN TRIMMER, ESQ. Cumberland County Courthouse Attn: Register of Wills 1 Courthouse Square Carlisle, P A 17013 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 8401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG. PA 17110-0950 E-MAIL ADDRESS vatrimmer@mette.com IRS NO. 28-1985005 TELEPHONE (717) 282-5000 FAX (717) 286-1816 http://www.mette.com December 2, 2005 RE: ESTATE OF John E. Bex No. 21-04-0472 Dear Register: Enclosed is a check in the amount of$IO,698.77 for payment of part of the Pennsylvania Inheritance Tax in the above estate. Please remit the receipt to our office. Thank you for your assistance in this matter. If you have any questions please do not hesitate to contact me. Enclosure cc: Stanley A. Smith, Esq. 438221vl Sincerely yours, 144~ Vicky Ann Trimmer F "j I en -C") C.,},l C0 ; )> ~ 1, 't!l (J) o. :r. ~ '<\ 't!l ~ - ~ l'I .. ;11 Z -\ VA 'G in ~ 0 0 '5 ~ OJ . ~ ~ Z 'Z i 0 :r. ~ ~ 1JJ ~ ~ ~ III g ~ -; ~ ~ ~ ~ ~ - OIl -\ r 0 Q -: ~ ~ ~ ~ Q - ;II -\ d b Wt '5 1JJ OIl -\ Z e ~ 'W 't!l ,..1. ....1 (...., ~.r. t.) ..~. hi l.) lji 1<1 \ ~n ~i) () ()~~C ~()~~ "'0' \J ~C (0 ce.~?J~ (O:1'(O~ -'1) g ~, 0- "'W>$() ~ "'0 -.1C1>OC O.s;J -. ~ ~ C c::...:z O)~~() (0-0 (Jl C g o c: W> ("I (:) (:) I',) - - :. :;..... -' -. ::::; :. -' -, -' -" - fp":\ .. ? ~~.I . t 1 . , ~J ."'.r , I n'1/iUnn""l, ...;:JV U:.JUCJVV.JG COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEHENT,~LLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX Z80601 HARRIS8URG PA 171Z8-0601 REY-1547 EX AFP (06-05) DATE '~. iE~TATE OF - 'bATE OF DEATH FILE NUMBER COUNTY ACN 02-13-2006 BEX 05-12-2004 21 04-0472 CUMBERLAND 101 APPEAL DATE: 04-14-2006 ( See reverse side under Objections) Amount Remitted I I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 ~Y!_~~9~9_!~!~_~!~~______~___~~!~!~_~g~~~_~g~!!9~_E9~_ygy~_~~~g~~~__~____________________ REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX JOHN E FILE NO. 21 04-0472 ACN 101 'j'--'- r --, i JOHN E CHARLES E SHIELDS III ES~ 6 CLOUSER RD MECHANICSBURG PA 17055 ESTATE OF BEX DATE 02-13-2006 TAX RETURN WAS: (X) ACCEPTED AS FILED ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) {7J .00 462,851.52 .00 .00 28,478.60 .00 .00 (8) NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 491,330.12 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax 29,549.07 (9) (10) 2.135.00 (11) (12) (13) (14) 3] .684 07 459,646.05 .00 459,646.05 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (15) 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 17. Amount of Line 14 at Sibling rate (17) 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due TAX CREDITS: 561.00 X 00 = .00 459,085.05 X 045 = 20,658.83 .00 X 12 = .00 .00 X 15 = .00 (19)= 20,658.83 ~.... " n~_~~. (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 12-02-2005 CD006058 .00 10,698.77 INTEREST IS CHARGED THROUGH 02-28-2006 TOTAL TAX CREDIT 10,698.77 AT THE RATES APPLICABLE AS OUTLINED ON THE BALANCE OF TAX DUE 9,960.06 REVERSE SIDE OF THIS FORM INTEREST AND PEN. 981. 67 TOTAL DUE 10,941.73 I ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. ~ IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DU A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) · IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner ofTrindle and Clouser Roads MECHANlCSBURG, PA 17055 GEORGE M. HOUCK (1912-1991) TELEPHONE (717) 766-0209 FAX (717) 795-7473 December 13, 2005 Register of Wills Cumberland County Court House 1 Court Square Carlisle, P A 17013 Re: Estate of John E. Bex No. 21-04-00472 Dear Register of Wills: · Please find enclosed Check No. 97 in the amount of $10,941.73 for the balance of the Inheritance Tax due. For your ready reference and convenience I am also enclosing a copy of the Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax. Thank you for your kind attention to this matter. Very truly yours, ~ //~7J Charles E. Shields, III Attorney-At-Law CES/mjj Enclosures \~.. "j COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX 02-13-2006 BEX 05-12-2004 21 04-0472 CUMBERLAND 101 APPEAL DATE: 04-14-2006 ( See reverse side under Objections) Amount Remitted I I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 ~Yr_~~9~g_r~!~_~!~~______~___~~!~!~_~9~~~_~9~!~9~_E9~_Y9~~_~~~9~~~__~____________________ REV-1S47 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX JOHN E FILE NO. 21 04-0472 ACN 101 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 r !~ ;-"'" I~" ";' ;,", ' "\ - :~ .~.. ,:.. ,-- t ~ ":t 1 ..; I DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN t~',' CHARLES E SHIELDS III ESQ 6 CLOUSER RD MECHANICSBURG PA 17055 ESTATE OF BEX TAX RETURN WAS: (X) ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL. RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) D. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets ) CHANGED (1) (2) (3) (4) (5) (D) (7) .00 462,851.52 .00 .00 28,478.60 .00 .00 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax 29,549.07 2.135.00 (l1J (l2) (13) (l4) (9) ClO) REV-1547 EX AFP (06-05) JOHN E DATE 02-13-.2006 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 491,330.12 31.684 07 459,646.05 .00 459,646.05 NOTE: If an assessment was issued previously, lines 14, IS and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (IS) 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 17. Amount of Line 14 at Sibling rate (17) 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due 561. 00 X 00 = .00 459,085.05 X 045 = 20,658.83 .00 X 12 = .00 .00 X 15 = .00 (19)= 20,658.83 AX CREDITS: IU:l..CJ,r"I l+J AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 12-02-2005 CD006058 .00 10,698.77 INTEREST IS CHARGED THROUGH 02-28-2006 TOTAL TAX CREDIT 10,698.77 AT THE RATES APPLICABLE AS OUTLINED ON THE BALANCE OF TAX DUE 9,960.06 REVERSE SIDE OF THIS FORM INTEREST AND PEN. 981.67 TOTAL DUE 10,941.73 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 006357 JOHNSON-BEX LINDA RAE 8 MAYFIELD ROAD MECHANICSBURG, PA 17055 ACN ASSESSMENT CONTROL NUMBER AMOUNT ______n fold ---------- -------- 101 I $10,941.73 ESTATE INFORMATION: SSN: 304-12-9796 I FILE NUMBER: 2104-0472 I DECEDENT NAME: BEX JOHN E I DA TE OF PAYMENT: 02/22/2006 I POSTMARK DATE: 02/18/2006 I COUNTY: CUMBERLAND I DATE OF DEATH: 05/12/2004 I I TOTAL AMOUNT PAID: $10,941.73 REMARKS: CHECK# 97 INITIALS: MG SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS I":' "'\ ''', ',.. I'~' i,} .:\-. ,..:' (.j 1(\ :.J .-..,",~ ~~'2 t. ?'0\~9 ;::;"nse? ~ -- 1""1. ...- ~O::l('V ..... ~ ('V rJl ~, 'G- <.tf ~ - ..... ~ ~';'O-;-r; v 0 r-' ~~~~ qq ~g. ~ ~ ~ '"'"' '/ - -l o \JI \JI - - - (')?J (')~c(1) 0) (') 3 ~. ~oO"<A (/'I C (1) (1) (i) ;+ :l- """' ~ ,,. 0) 0 -0 v' ~ ....,., J>..g 0.. ~ 0)(')::;. ~"""'o- -..1 (1) C (/'I o ~ ~ "" oJ (') o C ;+ :t- o C (/'I (1) - - - - - - -- - - - - :::. - .- - - \<-~ ~ :t J> 7J ?J ""'" ir~ '92 .... jtl Gl ,,\;J "0 i: }\' ~" -{: ..:-; I" lj} t-,; Q ("', cr, ~l;. ooC-1 .~ "..I ,... Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 3/29/2006 SHIELDS CHARLES E III 6 CLOUSER ROAD MECHANICSBURG, PA 17055 RE: Estate of BEX JOHN E File Number: 2004-00472 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/12/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~ ~~ // :.J Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 3/29/2006 JOHNSON-BEX LINDA RAE 8 MAYFIELD ROAD MECHANICSBURG, PA 17055 RE: Estate of BEX JOHN E File Number: 2004-00472 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/12/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel BUREAU OF INDIVIDUA{;rr~~n=n INHERITANCE TAX DIVISION - -- - - -- PO BOX 280601 HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT *' REV-1607 EX AFP (05-05) 7nnr ...1.'...0 27 Ai"' 9: S4 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 03-20-2006 BEX 05-12-2004 21 04-0472 CUMBERLAND 101 Allount R_i tted JOHN E ORPI.-'{/~.~\rs COtJRT CHARLES tlj~~!)SEIIl}E~(~ 6 CLOUSER RD MECHANICSBURG PA 17055 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLEI PA 17013 NOTE: To insure proper credit to your accountl submit the upper portion of this forll with your tax payment. CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +-- --------------------,------------------------------------------------------- REV-1607 EX AFP (03-05) *** INHERITANCE TAX STATEMENT OF ACCOUNT ... ESTATE OF BEX JOHN E FILE NO.21 04-0472 ACN 101 DATE 03-20-2006 THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW IS A SUHHARY OF THE PRINCIPAL TAX DUEl APPLICATION OF ALL PAYHENTSI THE CURRENT BALANCEI ANDI IF APPLICABLE I A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 02-13-2006 PRINCIPAL TAX DUE: 201658.83 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 12-02-2005 CD006058 .00 101698.77 02-18-2006 CD006357 962.55- 101941.73 TOTAL TAX CREDIT 201677.95 BALANCE OF TAX DUE 19.12CR INTEREST AND PEN. .00 . IF PAID AFTER THIS DATEI SEE REVERSE TOTAL DUE 19.12CR SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $11 NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR) I YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS. ) G BUREAU OF INDIVIDUAL TAXESc,'-' INHERITANCE TAX DIVISION PO lOX 280601 HARRISIURG PA 17128-0'01 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX ~STATEMENT OF ACCOUNT '* REV-1607 EX AFP (03-05) ZOOl APR -9 t\li II: 50 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 03-26-2007 BEX 05-12-2004 21 04-0472 CUMBERLAND 101 JOHN E CLERf< OF ORFHN'J'S COURT CHARLES E SHI~~~:tU" ESG'(': 6 CLOUSER RD MECHANICSBURG PA 17055 Allount Re.1tted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, sub.it the upper portion of this form with your tax pay.ent. CUT ALONG THIS LINE -. RETAIN LOWER PORTION FOR YOUR RECORDS +- --------------------------------------------------------------------------- REV-1607 EX AFP (03-05) *** INHERITANCE TAX STATEMENT OF ACCOUNT ... ESTATE OF BEX JOHN E FILE NO.21 04-0472 ACN 101 DATE 03-26-2007 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FI6URE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 02-06-2006 PRINCIPAL TAX DUE: 20,658.83 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 12-02-2005 CD006058 .00 10,698.77 02-18-2006 CD006357 962.55- 10,941.73 03-12-2007 REFUND .00 19.12- TOTAL TAX CREDIT 20,658.83 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 II SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN *1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 9