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Home My WebLink About02-28-12COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF' REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 1 7 1 28-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 015634 FOX PAUL J 218 PINE STREET HARRISBURG, PA 1'7101 fold REMARKS: RECEIPT TC) ATTY CHECK#128 SEAL ACN ASSESSMENT AMOUNT CONTROL NUMBER REV-1162 EX(11-961 TOTAL AMOUNT PAID: INITIALS: HEA RECEIVED BY: REGISTER OF WILLS 528,305.00 GLENDA EARNER STRASBAUGH REGISTER OF WILLS J 1505610101 REV-1500 ~ (°~_~°~ PA Department of Revenue Pennsylvania OFFICIAL USE ONLY Bureau of Individual Taxes PO Box 28o6oi OER~RTNFNTOFREVFNOE County Code Year File Number __ .. INHERITANCE TAX RETURN ~~ ~ ~~~ ~ ~ ~ ---~ Harrisbur ENT , PA i i28-o6oi ~ ~ RESIDENT DECEDENT i ~Q ~3 ER DECEDENT INFO MATION BELOW ' Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY _ ... _. __. _ 577-28-6521 06/27/2010 11 /16/1920 Decedent's Last Name Suffix Decedent's First Name FOX MI _ _ _ _ _ .. _.._... _ _.__ . PHILIP E _ _.. ~_ (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name ..... .. ~~ ~ ~ ~--- - ~-_ ~ ~ ~ --- Suffix . __._. Spouse's First Name OX _.... _.___ ~._. .. MI _...__._. _r.-. ~ _.. _ ' J ~ ~ ~ LUCILE r pous S e's Social Security Numbe __~ _ __ _~. __._ . 492-26-2465 THIS RETURN MUST BE FILED IN'DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVi11LS BELOW m 1. Original Return O 2. Supplemental Return O 3. Remainder Retum (date of death O 4. Limited Estate O prior to 12-13-82) 4a. Future Interest Compromise (date of O 5. Federal Estate Tax Return Required death after l2-12-82) Q~ 6. Decedent Died Testae O (Attach Copy of Will)' 7. Decedent Maintained a Living Trust 1 8. Total Number of Safe Deposit Boxes (Attach Copy of Trust) O 9. Litigation Proceeds F2eceived O 10. Spousal Poverty Credit (date of death O 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT - THIS SECT ON MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION S Name HOULD BE DIRECTED T0: - __ _ . Daytime Telephone Number ...... ... _ . JOHN D. KILLIAN, ESQ. & LINDA _ _ J. ®LSEN, ESQ . _._... (717) 232-1851 First line of address KILLIAN 8~ GEPHART, ~,LLP Second line of address _ _ _ P.O. Box 886 _ _ City or Post Office. State ZIP Code REGISTE~OF WILLS U -!ONLY ' .. ~ ? _.t _ >SJ -p f-,-g r -I ~ "~"-~ C ; r-- ~' rrt tea _ r , t ~~~>C`? ~~+ r._ : ~: ~~ ~_ . ..- TE~ FILED ~~ r HARRISBURG PA 17108 '-~' r ~, r '-r-( i=~ - iY Correspondent's a-mail add~ess: jkillianra'~killiangeohart.com Under penalties of pequry I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, rt is true, correct and wmplete. Decjlaration of preparer other than the personal representative is based on all information of which preparer has any knowledge SIGNATURE OF PEF~N RESP SIBLE FOR FILING RETUNtRI ADDRESS 1217 G PREPARER NY 13152 R SS Z P.O. Box 886, Harri urc~, PA 17108-0886 PLEASE USE ORIGINAL FORM ONLY Side 1 L 1505610~I101 1505610101 J 1505610105 REV-1500 EX Decedent's Social Security Number _ __. Decedent's Name: PHILIP E. FOX :577-28-6521 RECAPITULATION 1. Real Estate (Schedule A) ......... __ _ .................................... L ' 0.00 2. Stocks and Bons (Schedule B) .............. ......................... 2. _-. __~..2 687,6...._.. 90.57 . 3. Closely Held Corfporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3, 0.00 4. Mortgages and Notes Receivable (Schedule D) __ ........................... 4. 0.00 5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E)....... 5. .. 188 085.83 7 ointly Owned Pr perty (Schedule F) O Separate Billing Requested ....... ~ _ 6. _. ___ _..._. _ . 29 000 00 . Inter-Vivos Trans ers & Miscellaneous Non-Probate Property , . .......... (Schedule G) O Separate Billing Requested........ 7. 0.00 8. Total Gross (total Lines 1 through 7) ............................. 8. '; 9. Funeral Expense$ and Administrative Costs (Schedule H) ................... 9. 10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) .............. 10. 1. Total Deductions (total Lines 9 and 10) ................................. 11. _ 54,351.04 Net Value of Est .... qte (Line 8 minus Line 11) ...... .................... t2. 2,850,425.36 13. Charitable and G vemmental Bequests/Sec 9113 Trusts for which __ - ° -- --- - an election to tax has not been made (Schedule J) ........................ 13. '; 0.00 14. Net Value Subjec~ to Tax (Line 12 minus Line 13) ....... . ................ 14. 2 850.425.38 ~•+~. ~.+~..u~+i ivn -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax ate, or transfers under Seg. 9116 - - _ (a)(1.2) X .0 0 2,221,428.33 15 mount of Line 141 taxable ~~~ " "" ~ ~~ ~ ~~ ~ ~~° -- V . _-.__ at lineal rate X ,p 5 0 00 -~- 629 OO 17. xable _....._ ._..._.._. _.. ' Amount of Line 14 ~ -• -- 16 _..__ at sibling rate X .1R 17. 18. w.2 Amount of Line 14 (taxable ~ ~" ` `""' ~' ° ~ ~°~ .. - ~-- -. at collateral rate X'.15 _ _ __ __ 18 1s. rAx DUE ....... ............................................... ... 1s. 20. FILL IN THE OVA<a~ IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 0.00 28,305.00 2,904,776.40 53,523.94 827.10 0.00 0.00 28,305.00 O Side 2 L 1505610105 1505610105 J REV-1500 EX Page 3 File Number Decedent's Complete Q~ddress: DECEDENT'S NAME PHILIP E. FOX STREET ADDRESS 84 PLUM TREE CIRCLE CITY NEWVILLE srATEPA zIP17241 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments (1) 28,305.00 A. Prior Payments B. Discount 3. Interest Total Credits (A + g ] (2) 0.00 4. If Line 2 is greater than Line 1 + Lin 3, enter the difference. This is the OVERPAYMENT. (3) 0.00 Fill in oval on Page~2, Line 20 to request a refund. (4) 0.00 5. If Line 1 + Line 3 is greater than Linb' 2, enter the difference. This is the TAX DUE. (5) 28,305.00 '~~ Make check payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER T~iE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make ~ transfer and: a. retain the use or ncome of the ro Yes No p Percy transferred :................................................. x b. retain the right tojdesignate who shall use the property transferred or its income :............................................ ^ c. retain a reversionary interest; or .................................. ^ . receive the promise for life of either payments, benefits or care? ...................................................................... ^ x^ 2. If death occurred aff~r Dec, 12, 1982, did decedent transfer property within one year of death without receiving ad~quate consideration? .............................................................................................................. ^ 0 3. Did decedent own ark 4. Did decedent own an "in trust for" orpayable-upon-death bank account or security at his or her death? .............. ^ x^ individual retirement account, annuity or other non-probate property, which contains a beneficiary designation? ....................................................................................................... ^ ................. ^ x IF THE ANSWER TO ANY OF THE ~-BOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN, For dates of death on or after July 1, 19914, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after Jan. 1,',1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. §9116 (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, 200Q: • The tax rate imposed on the net value of transfers from a deceased child 21 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 percent [72 P.S. §9116(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 percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(~)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who had at least one parent in common with the decedent, whether by blood or adoption. REVa5o3 EX+ (7-11) ~i ~ Pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDt1LE B STOCKS & BONDS ~.+•.+.~ yr PHILIP E:. FOX ITEM UMBE 1. 2 3 4 5 6 7 8 9 10' 11 12 FILE NUMBER 21-10-0839 All property jointly awned with right of survivorship must be disclosed on Schedule F. AT&T - 296 shares @ 24.87 sh. yr utAlli 73,267.02 BRISTOL A~YERS -1056 shares @ 25.57 sh. CIGNA CO ~tPORATION - 471 shares @ 33.24 sh. 27,001.92 EXXON-MOBIL - 992 shares @ 58.79 sh. 15,656.04 HANESBR~,NDS -12,818 shares @ 24.95 sh. 58, 319.68 HSBC - 291 '~ shares @ 48.23 sh. 319,809.10 IBM - 3280 I Shares @ 128.05 sh. 14,034.93 McKESSON~II -Account No.: 3401552528 - 2,100 shares @ 68.34 420,004.00 SARA LEE - 102,548 shares @ 14.56 sh. 143,514.00 H/HH Savin~s Bonds -redeemed 1,493,098.88 T ROWE PR`CE Tax Exempt Bond Fund 14, 000.00 Van uard Lt g ~. Term Tax Exempt - 405.57 shares @ 11.05 104,503.00 4,482.00 TOTAL (Also enter on Line 2, Recapitulation) # 2,687,690.57 Ir more space is needed, insert additional sheets of the same size REV-i5o8 EX+ (li-io) ~ Pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: PHILIP E. FOX SCNEDIJLE E CASH, BANK DEPOSITS ~ MISC. PERSONAL PROPERTY FILE NUMBER: 21-10-0839 Include the proceeds of litigation and the date the proceeds were received by the estate. ~ All property jointly owned with Nght of survivorship must be disclosed on Schedule F. ITEM UMBER DESCRIPTION VALUE AT DATE OF DEATH 1 „ M&T BANK M ~NEY MARKET ACCOUNT No.: 15004200575809 ` 4,730.30 2 VANGUARD A~ Treasury MF 102,171.00 3 VANGUARD T~MF 34,826.00 4 VANGUARD P~1 Tax Free MM 3,286.00 5 IRS Refund 7,224.00 6 Oppenheimer Mutual Fund Acct. 003557260050290 35,848.53 TOTAL (Also enter on Line 5, Recapitulation) ; 188,085.83 If more space is needed, use additional sheets of paper of the same size. I REV-iSog EX+ (ui-io) Pennsylvania DEPAkTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCNEDVLE F 70INTLY-OWNED PROPERTY w~n~c Vr: PHILIP E. FOX If an asset becam SURVNING JOINT TENANT( A. PAUL J. FOX B' JUDITH A. FOX C. FILE NUMBER: 21-10-0839 ¢ fointly owned within one year of the decedent's date of death, it must be reported on Schedule G. Cl tieMCrc~ 1718 M. Street NW #200 SON Washington, DC 20036 1217 Greenfield Lane DAUGHTER 'Skaneateles, NY 13152 ]OINTLY OWNED PROPERTY:!, ITEM NUMBER 1. LErrER FOR JOINT TENANT A, DATE MADE JOINT DESCRIPTION Of PROPERTY INCLUDE NAME OF FINANCULL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY HELD REAL ESTATE, DATE OF DEATH VALUE OF ASSET DECEDENT'S INTEREST D VALUE OFTM DECEDENT'S INTEREST U,S i SAVINGS BOND EE 5 bonds @10,000 50,000.00 50% 25,000.00 2 B U.S. SAVINGS BOND H/HH 1 bond @ 5,00013 bonds 1,000 @ 8,000.00 0 50% 4,000.00 TOTAL (Also enter on Line 6 , Recapitulation) ¢ 29,000.00 If more space is needed, use additional sheets of paper of the same size. SCHEDULE H (continued) 13. Watkins h/leegan-DC Tax advice to Executor 1,085.00 REV-1511 E:X+ (10-09) `~ '' pennsylaania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF PHILIP E. FOX FILE NUMBER 21-10-0839 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION A• FUNERAL EXPE SES: AMOUNT 1. EGGER FUN~RAL HOME 2 MINISTER - ~'he Rev. William Beck 1, 372.12 100.00 B. ADMINISTRATII~E COSTS: 1. Personal Representative Commissions: Name(s)! of Personal Representative(s) Street Address City State ZIP _ Year(s) gommission Paid: z• Attorney Fees: KILLIAN & GEPHART, LLP 25,000.00 3• Family Exemption: (If decedent's address is not the same as claimant's, attach explanation,) 3,500.00 Claimant ', Lucile J. Fox street address 84 Plum Tree Circle city NeMnrille state PA _ ZIP 17241 Relationship of Claimant to Decedent SpOUSe 4• Probate Fees: 1,787.50 5• Accountant Fees:., 6• Tax Retum Prepal'er Fees: 875.00 ~. PA Department pf Revenue PA-41 2,081.00 B. U.S. Treasury f=orm 1041 17,288.00 d 9. W Journal-Legal Advertisement nt ~ ~D• Se inel L I Advertisement 75.00 208.78 » • Federal Express (Charges 136.54 12• Cumberland County Orphan's Court Filing Fee 15.00 If more space is needed, use additional sheets of paper of the same size. TOTAL (Also enter on Line 9, Recapitulation) I ; 53, 523.94 REV-1512 EX+ {12-08) ~ :y pennsylyania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES 8c LIENS ESTATE OF PHILIP E. FOX FILE NUMBER 21-10-0839 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1• 'Pharmacy Bills 515.93 2 .Graham Medial Clinic ~ 25.16 3 Green Ridge Village 257.58 4 Darrell Guistewi~e, DO 28.43 TOTAL (Also enter on Line 10, Recapitulation) I $ 827.10 If more space is needed, insert additional sheets of the same size. I REV-1513 EX+ (O1-10) '~ ~~~~" Pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE ~ BENEFICIARIES C~IAIt VF: FILE NUMBER: PHILIP E. FOX 21-10-0839 NUMBER NAME ANp ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP TO DECEDENT AMOUNT OR SHARE I TAXABLE DISTRIBUTI NS [Include outright spousal distributions and transfers under Do Not List Trustee(s) OF ESTATE Sec. 9116 (a) (1.2).] 1• PAUL J. FOX -171>~ M. Street NW #200 Washington, DC 20036 .Son 325,000.00 I 2 JUDITH A. FOX-12 17 Greenfield Lane Skaneateles, NY 13152 Daughters 304,000.00 629, 000.00 ENTER DOLLAR AMOUN S FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV•1500 COVER SHEET, AS APPROPRIATE. II NON-TAXABLE DISTRIBU IONS A. SPOUSAL DISTRIBU ONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: L B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1. TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET # if more space is needed, use additional sheets of paper of the same size. I . r. y ~ N C:a - _ 1~ A.i -i.-1 l s ~.__ LAST WILL AND TESTAMENT ~~! ~-> ~ ,~, c... ,-~ .. ~ _ _. -_~:.; c~ ~~ - - =; __ I, PHILIP )E~. FOX, of Newville, Cumberland County, Pennsylvania, being of soufc~ mind, disposing me~ory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. UNE: I dire~t my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administjrative expenses as soon as may be done conveniently after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of Imy death and all interest and penalties thereon with respect to all property composing of my grq'ss estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix out of the residuary of my estate as provided hereunder TWO: My ~xecutor or Executrix, as the case may be, may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease ar~d sell property for such prices, on such terms, at public or private sales, as he or she may deem groper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any' realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills oP' sale therefor, in fee simple, as I could do if living. My Executor or Ti - i~ `: - :. .._ -, - ._~ -,~ _ ::_a -._; -_.~; ~_.• _ --~ ~~~ Executrix is authorised and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. II hereby give, devise and bequeath all of my estate of every nature and wherever situate to l~e distributed subject to the following provisions: A. I I~ereby specifically give and bequeath the sum of Three Hundred Thousand and no/100 ($300,OC~0.00) Dollars to my son, PAUL J. FOX, absolute. In the event. that my son, PAUL J. FOX, has predeceased me or disclaims this interest for whatever reason, then his shaze shall be distributed t~ his sister, JUDITH A. FOX, absolute. In the event for whatever reason my daughter, JUDITH ~. FOX, has predeceased me or disclaims this interest for whatever reason, then this bequest shad be added to and held in trust and distributed in accordance with Paragraph Three F thorough Thrree L hereof. B. I ~ereby specifically give and bequeath the sum of Three Hundred Thousand and no/100 ($300,OOp.00) Dollars to my daughter, JUDITH A. FOX, absolute. In the event that my daughter, JUDI'~H A. FOX, has predeceased me or disclaims this interest for whatever reason, then her shade shall be distributed to her brother, PAUL J: FOX, absolute. In the event for whatever reason I'~ny son, PAUL J. FOX, has predeceased me or disclaims this interest for whatever reason, th~n this bequest shall be added to and held in trust and distributed in accordance with Paza~graph Three F thorough Three L hereof. C. I hereby give and bequeath any and all personal property that I may own at the time of my decease, including but not limited to any and all wearing apparel, jewelry, motor ~~~ 2 II f ~ ~, vehicles, equipment, household furniture, books, pictures, silverware, effects of my person or any other personal property of whatever kind and whatever nature, to my spouse, LUCILE J. FOX. In the event that m~ spouse, LUCILE J. FOX, predeceases me or disclaims this interest for whatever reason, th~n all such personal property shall be distributed in equal shares to my children, PAUL J. F~JX and JUDITH A. FOX, or the survivor of them. In the event that both of my children have predeceased me or disclaimed this interest for whatever reason, then in that event, any such personal property I hereby direct be given to my brother-in-law, LARRY Q. JEFFRF,Y, and to m~ cousins,. MARGARET R. LATORRE and RICHARD C. FOX, according to the respective anc~stry of each. It is acknowledged that this distribution according to ancestry may not be equal ins, value to each person, however, it is my intent that any personal property heirlooms shall be g~ven to my heirs or beneficiaries named herein who are descendants of the family from which ~he persona] property heirloom originated (i.e. Everett family, Fox family etc.). A.ny and all ot~er items of personal property not related to any particular family ancestry shall be divided as thj'e aforementioned heirs can jointly agree. Any such personal property items which remain after t~e above-mentioned division or which the parties are unable to agree upon its equitable divisions then those items I direct be given and bequeathed to the PRESBYTERIAN HOMES, INC. for tl~e specific purpose of being used for the benefit of Green Ridge Village, Newville, Cumberla~ld County, Pennsylvania. D. Any and all interest which I may have at the time of my death in that real property located with~n the State of Tennessee, I hereby specifically give, devise and bequeath to CHARLES W. HEALTH, JR., per stirpes, which provides that the child or children of any deceased child shall t~ke the shaze their parent would have taken if living. ®~ 3 _I ,. E. Any and all interest which I may have at the time of my death in that real property located within the State of Missouri and within the State of Oklahoma, including any and all mineral righ~s associated therewith, I hereby specifically give, devise and bequeath to my brother-in-law, LARRY Q. JEFFREY, per stripes, which provides that the child or children of any deceased child hall take the share their parent would have taken if living. F. Tie rest, residue and remainder of my estate shall be divided by the hereinafter named Trustee into ~wo separate trusts for the benefit of my spouse, LUCLLE J. FOX, hereinafter referred to as Trust ~ (the Marital Trust), and Trust B (the Family Trust). G. Trust A, the Marital Trust, shall consist of all of my assets other than those allocated to Trust B,''i the Family Trust. H. ''rust B, the Family Trust, shall consist of assets equal in value to the maximum amount, i~ any, that are necessary to permit my estate to use in full any federal estate tax unified credit which has not been claimed for distribution during my lifetime or hereunder after considering an~ adjusted taxable gifts and bequests by Will which do not qualify for the marital deduction an~ all charges to principal of the estate which are not deducted in computation of the federal estate ~ax of my estate; provided ,however, that the allocation of the Family Trust shall be satisfied wit assets as of the date of allocation or distribution; and provided further that any assets which do'I not qualify for the federal estate marital deduction shall be used first to satisfy the allocation Ito this Family Trust. I. From the Marital Trust, the Trustee shall pay all of the net income to my spouse, LUCILE J. 1~OX, in monthly or quarterly payments. My spouse also has the right to ~~ 4 III receive from the Trustee all or a portion of the principal from the Marital Trust and to change the beneficiaries of this Marital Trust in my spouse's discretion. At the death of my spouse, the Trustee shall distribute the remaining principal and accumulated income of the Marital Trust as follows: a) Forty percent (40%) to be divided by the following charitable organizations as follows: (i) Fourteen percent (14%) of this share to MASSACHUSETTS INSTITUTE OF TECHNOLOGY in honor or memory of PHILIP E. FOX, Class of 1942, and ~n honor or memory of my son, PAUL J. FOX, Class of 1973, the latter with the degree of Electrical Engineer. ', (ii.) Two percent (2%) of this share to the Alumni Association of NO~THWEST MISSOURI STATE UNIVERSITY at Maryville, Missouri in honor ar memory of~LUCILE JEFFREY FOX, Class of 1941. (iii) Six percent (6%) of this share to YALE UNIVERSITY in honor or memory lof my son, PAUL J. FOX, Class of 1969. (iv) Six percent (6%) of this share to CORNELL UNIVERSITY at It~aca, New York in honor or memory of my daughter, JUDITH A. FOX, Class of 1972. (v) Four percent (4%) of this share to FIRST PRESBYTERIAN C~-IURCH of Wappingers Falls, New York, to be invested as the Session of that Church may direjct, the income from which may be used for the annual local expenses of that Church including debt service. ', (vi) Two percent (2%) of this share to MISSION TREASjJRY SERVIICES OF THE PRESBYTERIAN CHURCH (U.S.A.) for its "One Great Hour of Sharing" fungi, or any equivalent fund then maintained or fostered by that organization. 5 ®~ (vii) Two percent (2%) of this share to the GRINNELL LIBRARY of Wappingers Falls, New York, to be utilized by that organization for general purposes and witho~t restraint. I'~ (viii) Two percent (2%) of this share to the AMERICAN HEART ASSOCIA'T'ION. (ix) Two percent (2%) of this. share to HOPE LODGE OF VASSAR BROTH~RS HOSPITAL, Poughkeepsie, New York, or any similar successor organization, for its ~~general purposes and without restraint. In the event that any organization named in subparagraphs (a)(i) through (a)(ix) of this Paragraph Three I. inclusive have ceased to exist and shall not have been succeeded by others within the spiirit of the disposition, then such legacy shall lapse, remain in this portion of my residuary estatel~ and be distributed pro-rata among the other remaining organizations in existence as of the d~.te of my death. b) Sixty percent (60%) to be divided by the following individuals, if living, as follows: ~, ~, (i) The remaining sixty percent (60%) shall be divided upon a five (5;) to one (1) ~atio between my children, PAUL J. FOX and JUDITH A. FOX, equally, or to the survivor of them the whole if one has predeceased me or disclaimed this interest for whatever reason, AN~ my other relatives, namely my brother-in-law, LARRY Q. JEFFREY and my spouse's cousin, (,CHARLES BAYMILLER. Accordingly, my children, or the survivor of them, shall receive fie dollars for every one dollar received by my named relatives, LARRY Q. JEFFREY and CHARILES BAYMILLER. Notwithstanding the above, the share received by my named relatives, LA1~RY Q. JEFFREY and CHARLES BAYMILLER, shall be divided on a 6 ~~ three (.3) to one (1) ratio with my brother-in-law, LARRY Q. JEFFREY, receiving three dollars of the :named relative share to every one (1) dollar received by my spouse's cousin, CHARLES BAYMILLER. In the event that either CHARLES BAYMILLER predeceases me or ~Idisclaims his interest for whatever reason, then this interest shall pass to LARKY Q. JEFFR~Y, per stirpes, which provides that the child or children of any deceased child taking the shire their parent would have taken if living. In the event that LARRY Q. JEFFREY shall predecease me or disclaims his interest hereunder for whatever reason, then his respective share shalll pass to his children in equal shares, per stirpes, which provides that the child or. children of? any deceased child shall take the share their parent would have taken if living. In the event that both of my children, PAUL J. FOX and JUDITH A. FOX, predecease me or disclaim this interest for whatever reason, then the interest under this subparagraph L(b)(i) of this Paragraph Three shall be distributed in the following manner: • Forty percent (40%) of this share to the PRESBYTERIAN ~HURCH (U.S.A.) FOUNDATION for the general purposes of the Foundation. • Forty percent (40%) of this share to be distributed pro rata a~.mong those residuary charitable organizations set forth in subparagraphs L(a)(i) through L(a}(i~) of this Paragraph Three. • Twenty percent (20%) of this share to be distributed pro rata tc~ my named relatives, LARRY Q. JEFFREY, per stirpes, and CHARLES BAYMILLER as stated in this subparagraph I.(b)(i) of this Paragraph Three hereof. ~~ 7 J. Irrom the Family Trust, the Trustee shall pay all of the net income to my spouse, LUCILE J. FOX, in monthly or quarterly payments. The Trustee may distribute to my spouse such amounts .from the principal. of the Family Trust as provided hereunder, up to the whole thereof, as the Trustee, in his or her discretion, shall deem necessary or advisable to provide for the caz~, maintenance and support of my spouse, so as to support my spouse in my spouse"s accustomed manner of living, provided, however, the Trustee shall consider any other sources of income i~vailable to my spouse when making payment hereunder. The Trustee shall, when requested by any spouse, pay five (5%) percent of the principal or $5,000.00, whichever amount is greater, annually to my spouse during my spouse's lifetime, but in no wa shall the Y Trustee distribute more of the principal of this Family Trust to my spouse than in the above amounts. This lirr~ited right to make withdrawals from the principal of the trust estate is noncumulative, so tat an amount which might have been withdrawn during a particulaz year may not be withdrawn in any subsequent year. Upon the death of my spouse, the remaining accumulated income] and principal of this Family Trust shall be distributed as follows: a) Forty percent (40%) to be divided by the following charitable organizations as follows: ' (i) Fourteen percent (14%) of this share to MASSACHUSETTS INSTITUTE OF TECHNOLOGY in honor or memory of PHILIP E. FOX, Class of 1942, and ir} honor or memory of my son, PAUL J. FOX, Class of 1973, the latter with the degree of Electrical Engineer. ' (ii.) Two percent (2%) of this share to the Alumni Association of NORTHWEST MISSOURI STATE UNIVERSITY at Maryville, Missouri in honor or memory of In.UCILE JEFFREY FOX, Class of 1941. 8 (iii) Six percent (6%) of this share to YALE UNIVERSITY in honor or memory of my son, PAUL J. FOX, Class of 1969. (iv) Six percent (6%) of this share to CORNELL UNIVERSITY at It~aca, New York in honor or memory of my daughter, JUDITH A. FOX, Class of 1972. (v) Four percent (4%) of this share to FIRST PRESBYTERIAN CHURCH of Wappingers Falls, New York, to be invested as the Session of that Church may direct, the income from which may be used for the annual local expenses of that Church including de~t service. (vi) Two percent (2%) of this share to MISSION TREASURY SERV~CES OF THE PRESBYTERIAN CHURCH (U.S.A.) for its "One Great Hour ofd Sharing" fund, or any equivalent fund then maintained or fostered by that organization. (vii) Two percent (2%) of this share to -the GRINNELL LIBRARY of Waplingers Falls, New York, to be utilized by that organization for general purposes and withou~ restraint. (viii) Two percent (2%) of this share to the AMERICAN HEART ASSOCIA'I'~ON. (ix) Two percent (2%) of this share to HOPE LODGE OF VASSAR BROTH~RS HOSPITAL, Poughkeepsie, New York, or any similar successor organization, for its ~eneral purposes and without restraint. In the event that any organization named in subparagraphs J.(a)(i) through J.(a)(ix) of this Parag~aph Three inclusive have ceased to exist and shall not have been succeeded by others within the Spirit of the disposition, then such legacy shall lapse, remain in this portion (per 9 1 of my residuary estate and be distributed pro-rata among the other remaining organizations in existence as of the date of my death. b) Sixty percent (60%) to be divided by the following individuals, if living, as follows., (i) The remaining sixty percent (60%) shall be divided upon a five (5) to one (1)I,ratio between my children, PAUL J. FOX and JUDITH A. FOX, equally, or to the survivor of $hem the whole if one has predeceased me or disclaimed this interest for whatever reason, AI'~D my other relatives, namely my brother-in-law, LARRY Q. JEFFREY and my spouse's cousins CHARLES BAYMILLER. Accordingly, my children, or the survivor of them, shall receive ~ive dollars for every one dolaaz received by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER. Notwithstanding the above, the share received by my named relatives, LA~,RRY Q. JEFFREY and CHARLES BAYMILLER, shall be divided on a three (3) to one (1) tatio with my brother-in-law, LARRY Q. JEFFREY, receiving three dollars of the named relativle shaze to every one (1) dolaaz received by my spouse's cousin, CHARLES BAYMILLER. In the event that either CHARLES BAYMILLER predeceases me or disclaims -his interest for whatever reason, then this interest shall pass to LARRY' Q. JEFFREY, per stirpes, which provides that the child or children of any deceased child taking the sha~e their parent would have taken if living. In the event that LARRY Q. JEFFREY shall predecease me or disclaims his interest hereunder for whatever reason, then his respective share shad pass to his children in equal shazes, per stirpes, which provides that the child or children of I,any deceased child shall take the share their parent would have taken if living. 10 ~~ F ~ a i a In the event that both of my children, PAUL J. FOX and JUDITH A. FOX, predecease me or disclaim this interest for whatever reason, then the interest under this subparagraph J.(b)(i) of this Paragraph Three shall be distributed in the following manner: • Forty percent (40%) of this share to the PRESBYTERIAN (CHURCH (U.S.A.) .FOUNDATION for the general purposes of the Foundation. ~I • Forty percent (40%) of this share to be distributed pro rata lamong those residuary charitable organizations set forth in subparagraphs J.(a)(i) through J.(a)~ix) of this Paragraph Three. • Twenty percent (20%) of this share to be distributed pro rata ~o my named relatives, LARRY Q. JEFFREY, per stirpes, and CHARLES BAYMILLER as staffed in this subparagraph J.(b)(i) of this Paragraph Three hereof. K. If any of ~ny beneficiaries or heirs are under the age of twenty-five (25) years at the time of my death an~ inherit any assets hereunder by virtue of my death, the Trustee shall hold all of their respective shares in trust according to the following terms and conditions: Upon the crea~ion of this Trust, the Trustee shall divide this trust principal into individual shares in. the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited ~ereunder. The Trustee and/or my representative, is hereby authorized to retain, unconverted, a~y property, real or personal, that I may own at my death and shall be under no duty t:o convert it ~nto legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. 11 ~~ The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heirs or beneficiaziies such portion of or all of the principal of the trust estate as in the Trustee's sole discretion see$ns proper for their support, maintenance, education, or medical care. My primary object is to~ insure the support, maintenance, education and medical care of my heirs and benefic:iazies until hey reach the age of twenty-five (25) years. However, notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust to distribute any of the trust principal or income for the benefit of any of my heirs or beneficiaries for any such purpose as theTrustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each respective heir or b~neficiazy reaches the age of twenty-five (25) years, then whatever remains of income or principal of the said heir's or beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary, per stirpes, which provides that the child or children of any deceased heir or beneficiary shall take the share their parent would have taken if living. In the event that any said heir or beneficiary becomes deceased prior to the final distribution hereunder without leaving surjviving issue, said deceased heir's or beneficiary's share shall be divided equally between all bf the heirs and beneficiaries who are a part of this trust and distributed in accordance with thi~ pazagraph. For whatever reason there are no heirs and beneficiazies remaining as a part of this trust, then in that event, the rest, residue and remainder hereof shall be distributed in equal hares to the residual beneficiaries set forth in Paragraph Three L. set forth directly below. II L. In ithe event that my spouse predeceases me, dies simultaneously or if I have accumulated any other assets which are not being held in trust hereunder or under any written trust document execu(ed by me during my lifetime, then in that event, I hereby give, devise and 12 ~~ bequeath all the rest, remainder and residue of my estate under this Paragraph Three to be distributed as follows: ', a) Forty percent (40%) to be divided. by the following charitable organizations as follows: (i) Fourteen percent (14%) of .this share to MASSACHUSETTS INSTITUTE OF TECHNOLOGY in honor or memory of PHILIP E. FOX, Class of 1942, and i~ honor or memory of my son, PAUL J. FOX, Class of 1973, the latter with the degree of Electri~Cal Engineer. (ii.) Two percent (2%) of this share to the Alumni Association of NORTHWEST MISSOURI STATE UNIVERSITY at Maryville, Missouri in honor or memory of LUCILE JEFFREY FOX, Class of 1941. (iii) Six percent (6%) of this share to YALE UNIVERSITY in honor. or memory pf my son, PAUL J. FOX, Class of 1969. (iv) Six percent (6%) of this share to CORNELL UNIVERSITY at Ithaca, New York in honor or memory of my daughter, JUDITH A. FOX, Class of 1972. (v) Four percent (4%) of this share to FIRST PRESBYTERIAN C~iURCH of Wappingers Falls, New York, to be invested as the Session of that Church may dire~t, the income from which may be used for the annual local expenses of that Church including del~'t service. (vi) Two percent (2%) of this share to MISSION TREASURY SERVICES OF THE PRESBYTERIAN CHURCH .(U.S.A.) for its "One Great Hour of Sharing" fund, or any equivalent fund then maintained or fostered by that organization. 13 ~~ r . h r (vii) Two percent (2%) of this share to the GRINNELL LIBRARY of Wappingers Falls, New York, to be utilized by that organization for general purposes and without restraint. (viii) Two percent (2%) of this share to the AMERICAN HEART' ASSOCIA~'ION. (ix) Two percent (2%) of this share to HOPE LODGE OF VASSAR BROTH~RS HOSPITAL, Poughkeepsie, New York, or any similar successor organization, for its general purposes and without restraint. In the event that any organization named in subparagraphs L.(a)(i) through L.(a)(ix) of this Paragraph Three inclusive have ceased to exist and shall not have been succeeded by others) within the spirit of the disposition, then such legacy shall lapse, remain in this portion of my (residuary estate and be distributed pro-rata among the other remaining organizations in existence as of the date of my death. b) Sixty percent (60%) to be divided by the following individuals, if living, as follows: '' (i) The remaining sixty percent (60%) shall be divided upon a five (5) to one (1) ratio between my children, PAUL J. FOX and JUDITH A. FOX, equally, or to the survivor of tl~jem the whole if one has predeceased me or disclaimed this interest for whatever reason, ANA my other relatives, namely my brother-in-law, LARRY Q. JEFFREY and my spouse's cousin, CHARLES BAYMILLER. Accordingly, my children, or the survivor of them, shall receive fi}~e dollars for every one dollar received by my named relatives,. LARRY Q. JEFFREY and CHARjL,ES BAYMILLER. Notwithstanding the above, the share received by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER, shall be divided on a 14 Gy ~ three (3) to one (1) ratio with my brother-in-law, LARRY Q. JEFFREY, receiving three dollars of the named relatiWe share to every one (1) dollar received by my spouse's cousin, CHARLES BAYMILLER. ', In the event that either CHARLES BAYMILLER predeceases me or jdisclaims his interest for whatever reason, then this interest shall pass to LARRY.' Q. JEFFRI~Y, per stirpes, which provides that the child or children of any deceased .child taking the share their parent would have taken if living. In the event that LARRY Q. JEFFREY shall predecease me or disclaims his interest hereunder for whatever reason, then his respective share shad pass to his children in equal shares, per stirpes, which provides that the child or children of ~~, any deceased child shall take the share their parent would have taken if living. '~ In the event that both of my children, PAUL J. FOX and JUDITH A. FOX, predecease me or disclaim this interest for whatever reason, then the interest under this subparagr~.ph L.(b)(i) of this Paragraph Three shall be distributed in the following manner: • Forty percent (40%) of this shaze to the PRESB~'TERIAN ~HURCH (U.S.A.) FOUNDATION for the general purposes of the Foundation. • Forty percent (40%) of this share to be distributed pro rata among those. residuary charitable organizations set forth in subparagraphs L.(a)(i) through L.(a)(ix) of this Paragraph Three. • Twenty percent (20%) of this shaze to be distributed pro rata to~ my named relatives, LARRY Q. JEFFREY, per stirpes, and CHARLES BAYMIL,LER as stated in this subparagraph L.(b)(i) of this Paragraph Three hereof. 15 ~~ v P FOUR. I make the following provisions pertaining to generation-skipping transfers: A. ~vIy Executor or Executrix, as the case may be, may. allocate any part of my generation-skippin~ tax. exemption which I have not irrevocably utilized during my lifetime in such manner as my Executor or Executrix shall determine. B. l~or purposes of fully utilizing my generation-skipping tax exemption if my spouse survives met my Executor or Executrix may make the election provided for in Section 2652(a)(3) of the Infernal Revenue Code of 1986, as amended (the "Internal Revenue Code") to the extent my Executor or Executrix has elected to treat all or part of the property passing under this will or under auy deed of trust of which I am the settlor as "qualified terminable interest property" under Sectjion 2056(b)(7) of the Internal Revenue Code. C. 1WIy Executor or Executrix may elect not to have the deemed allocation provisians of Section 2632(b) of the Internal Revenue Code apply to transfers made by me during my lifetime. D. T~ the extent that the allocation of any generation-skipping tax exemption would not result in ail particular trust being completely exempt from the generation-skipping tax, the Trustee shall sepjarate such trust into two trusts, one of which is exempt from and one of which is fully subject to the generation-skipping tax. In the case of a trust which has not received assets at th¢ time the exemption is allocated, the separation shall occur prior to any funding of the trust. A trust which is completely exempt from the generation-skipping tax shall be referred to as an ''exempt trust" and a trust which is subject in any part to the generation- skipping tax shall be referred to as a "non-exempt trust". 16 ~~j~ ~: ,r ~ r e> E. If the Trustee separates a trust into an exempt trust and anon-exempt trust under the immediately preceding paragraph: (1) Any person who has a power of appointment with respect to that trust may exercise such power differently as between the exempt trust and the non-exempt trust.. ~', (2) The percentage or fraction of principal- that a beneficiary may withdraw shall be calculated with respect to the total principal held in both the exempt and non- exempt trusts. Hov~ever, so long as there is any principal held in the non-exempt trust, to the maximtun extent po~sible any withdrawal shall be paid from the non-exempt trust. II (3) If the Trustee has the discretionary power to distribute income of a trust among "skip p~rsons" and "non-skip persons" as defined in Section 2613(b) of the Internal Revenue Code, the 'I~rustee may exercise such power differently as between the exempt trust and the non-exempt trust F. I~ making any distributions hereunder for the various beneficiaries my fiduciaries may allo~ate among such distributions assets which are exempt from generation- skipping tax equally or pro rata or on such other basis as they shall in their sole and absolute discretion determine taking into account possible needs of beneficiaries for distributions of principal, possible appreciation in the value of trust assets during the lifetimes- of the beneficiaries or such Other factors as the fiduciaries consider significant. G. Tl~e Trustee may combine into a single trust two exempt trusts for the benefit of the same beneficiary; similarly, the Trustee may combine non-exempt trusts for the same beneficiary. ~~ 17 H. No power to expend principal of an exempt trust for a beneficiary who is a "non-skip person" as defined in Section 2613(b) of the Internal Revenue Code may be exercised by the: Trustee so ~ long as there is any principal held in anon-exempt trust and in which the trustee; has a similalr power to expend principal for such beneficiary. I. )!n addition to all other powers set forth in my Will, if at the death of a beneficiary other tl#an my spouse, including a person who becomes a beneficiary pursuant to the exercise of a powe# of appointment under my will, there is principal held in anon-exempt trust for that beneficiaryl, and if in the absence of this power of appointment there would be a taxable termination with re~pect to such trust as defined in Section 2612 of the Intern al Revenue Code, such beneficiary shill have the power by will containing a specific reference to this power of appointment tp appoint any part or all of such principal outright to any one or more of his or her creditors and the creditors of his or her estate. Upon the beneficiary's death, to the extent he or she fails to exercise effectively such power of appointment, the Trustee shall pay to the beneficiary's estate ~r to the tax authorities an amount equal to any increase in estate, inheritance and other death taxed, and interest and penalties thereon, payable because of the inclusion of the unappointed principal in the beneficiary's estate for tax purposes. The remaining unappointed principal shall be distributed in accordance with the terms of the trust. FIVE. The Trustee(s), as well as my Executor or Executrix, shall have the following powers, in addition ~o those vested in it by law, for my property held for the benefit of my benefici~~ries, whether income or principal, exercisable without court approval and effective until the distribution of a~l property under the terms of the trusts set forth in paragraph Three or Paragraph Four above: ~~ 18 ~ u ~, r.~ v The 'T'rustee(s), at his, her or its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, jexchange, convert or otherwise dispose of or grant option of ail or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination o~ the Trustee with respect to the advisability of making payments out of the income or principal', to any heir or .beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. SIX. I hereb~ nominate and appoint my spouse, LUCILE J. FOX, to be the Executrix of this my Last Will and Testament. If my spouse has predeceased me, failed to qualify, renounced or ceased to serve a~ Executrix for whatever reason, I then appoint my son, PAUL J. FOX, to serve as the. Executor of my estate. In the event that he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, I then appoint my daughter, JUDITH: A. FOX to serve as Executrix of my estate. In the event that she has predeceased me, failed to qualify, renounced or ceased to serve as Executrix for whatever reason, I then appoint LARRY Q. JEFFREY to serve as Executor of my estate, with each said substitute personal representative having) the same powers as are given to the original Executrix hereof. SEVEN. I hereby nominate and appoint JOHANNA JEFFREY to serve as Trustee of that trust set forth in ~aragraph Three I. hereof. In the event that she has predeceased me, failed to qualify, renounced or ceases to serve as Trustee of the aforementioned trust for whatever reason, I then appoint',, KATHERINE JUNG to serve as Trustee of the trust set forth in Paragraph 19 ~~ ~, ~ ` ~, (- C Three :K. created herein. With respect to any other trust(s) created under this my Last Will and Testament, I hereby nominate and appoint my son, PAUL J. FOX, or if he is unable to serve for whatever reason, I then appoint my daughter, JUDITH A. FOX, to serve as the Trustee thereof. EIGHT. Nb Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. NINE. Nol person or persons shall benefit hereunder unless such beneficiary shall survive me for a period of at least sixty (60) days. TEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or disitributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN. ~Che validity and administration of any trust established hereunder and any question or disputed relating to the .construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. [THE REMAINDERI OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] 20 Q ~: ,. , IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of July, 1997. ~~~_(SEAL) PHILIP~X Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in oujr presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. 21 i ~1 r P ACKNOWLEDGMENT AND AFFIDA VIT WE, PHII~,IP E. FOX, CHERYL L. CLELAND and MARTHA L, NOEL, the testator and witne~ses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and volujntary act for the purpose herein expressed, and that each of the witnesses, in the presence and h~'aring of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or un~ue influence. PHIL E. FOX YL L. CLELA MAR L. NOEL COMMONWEAL~'H OF PENNSYLVANIA ; SS: COUNTY OF CU11~[BERLAND Subscribed, worn to and acknowledged before me by PHILIP E. FOX, the testator herein, and subscrib d and sworn to before me by CHERYL L. CLELAND and MARTHA L, NOEL, witnesses, t 's ~_ day of July, 1997. to Public Notarial Sea! ~~ueline L. Drawbaugh, Notary Pubtic Carlisle Boro, Cumberland County '~Y Commission Expires Aug. 14, 7939 fulembe , f`ennsYlvania ration of Naaries I 1~;LECTION BY LUCILE J. FOX AS BENEFICIARY OF THE MARITAL TRUST ESTABLISHED UNDER THE FAST WILL AND TESTAMENT OF PHILIP E. FOX DATED JULY 16, 1997 LUCILE' J. FOX, Beneficiary of Trust A (Marital Trust) established under the Last Will and Testament of Philip E. Fox dated July 16, 1997 hereby exercises her right to receive all of the assets designated to be the principal of the Marital Trust as set forth in Item THREE I, which reads: I. From the Marital Trust, the Trustee shall pay all of the net income t~ my spouse, LUCILE J. FOX, in monthly or quarterly payments. My spouse also has the right to receive from the Trustee all or a portion of the princ~pal from the Marital Trust and to change the beneficiaries of this Marital Trust in my spouse's discretion. Executed (this 4 f day of a I'G , 2011 at a ~~/S.b yr Pennsylvania. ' Lucile J. Fox, eficiary o the Marital Trust established under the Last Will and Testament of Philip E. Fox dated July 16, 1997. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, +~e /~'~ day of ~, /~u~ , 201.1, before me, the `?" undersigned offi~Cer, appeared LUCILE J. FOX, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Election to Receive Principal, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. M (:ommissionlEx Tres: ~'/~~~~~ ~~ ~ Y P COkAMONWEgLTH OF PENNSYWArtt,... Notary Pu C NOTARIAL SEAL (SE~.I-) '' RHONOA L. LANG, Notary Public ', City of Harrisburg, Dauphin County My Commission Expires Au ust 9, 2012 ACHIYOWLEDGMENT AND RECEIPT OF ELECTION TO RECEIVE PRINCIPAL I, Paul J. ox, Executor of the Estate of Philip E. Fox, hereby acknowledge receipt of the above Ele tion to Receive Principal of Trust A as set forth in Item THREE I of the Last Will and Te tament of Philip E. Fox dated July 16, 1997. Executed s ~ ~ ~ ~v day of Ji, , 2011 at~' rn~"ri s ~ v y` l ,~_ Pennsylvania. ;~ i~- Paul J. Fox, ecutor of the Estate of Philip E. Fox dated July 16, 1997. 2 T. ROWE PRICE SERVICES, INC. WWW.TROWEPRICE.COM P.O. Box 17302 Baltimore, Maryland 21297-1302 4515 Painters Mill Road Owings Mills, Maryland 21117-4903 January 30, 2012 FEB 0 2 201 Linda J Olsen The I,aw Firm of Gillian & Gephart LLP 218 Pine St PO Box 886 Harrisburg PA 1108-0886 Subject: Information Requested Tax-Free Short Intermediate Fund 650069371-7 Dear Ms. Olsen: Thank you for pro ~ iding authorization from Judith A. Fox to release information to your office regarding th late Philip E. Fox. Please extend our deepest condolences to Mr. Fox's family for their loss. According to our r cords, Mr. Fox held one nonretirement account with our firm as shown above. Since June 7, 2010, was not a business day, please find below the balance of this account as of June S, 2010: Shares: 18,761.72 Share Price: $5.5' Balance: $104,502L81 Accrued Dividend: $200.45 The accrued divide~ds shown above are not included in the balance shown above. The accrued dividends were d>at~r;<buted via a check to Mr. Fox's address on June 30, 2010. In order to transfer (these assets to an account registered to Lucile J. Fox, we must first transfer them to an ~~ccount registered to the Estate of Philip E. Fox. To do this, we ask that you please have Judith do the following: • Fill out the ~irst Change Ownership form we have enclosed. She will need to sign in step SA, butt she does not need to obtain a Medallion Signature Guarantee in step SB. • Fill out the t~rst Mutual Fund New Account form that we have enclosed. She will need to provide h¢r information in step 1 A, the estate's information in step 1 C, and her signature in step 7A. T.Row+ePlrice INVEST WITH CONFIDENCE Please note, the Short Certificate that we received is valid for 60 days from the date that it was certified, which w!,as January 12, 2012. As long as we receive the aforementioned documentation within this 60-day time frame, we will be able to process the request. Otherwise, if it is received after this time frame, we must ask that you please submit a newly certified copy. ', Once the assets haj~e been transferred to the estate account, Judith can request that we transfer the assets to an account in Lucile's name only by doing the following: • Filling out 'Ithe second Change Ownership form that we have enclosed. She will need to sign in steel SA and obtain a Medallion Signature Guarantee in step SB. Instructions for obtaining al Medallion Signature Guarantee are provided on the form. • Having Lucile complete the second Mutual Fund New Account form that we have enclosed b~ providing her information in step lA and her signature in step 7A. Please: include a c py of this letter (or the original) so we can refer to your previous request on file. Once we rece ve the necessary documentation in the envelope provided, we will process your request and s nd confirmation. If you have any questions regarding this correspondence, please call a telephone services representative at 1 X800-225-5132. Representatives are available Monday through Friday from 8 a.m. to 10 p.m. E'Ir and Saturday from 8:30 a.m. to 5 p.m. ET. Sincerely, Justin Swiger Senior Account Services Representative Correspondence N tuber: 02127608 Enclosure(s): Change Ownership Form (2) Change Owners Due to Life Events-Retail Mutual Fund New Account Form (2) Envelope (PPD-RAS) T.IZow~ePlrice INVEST WITH CONFIDENCE FFB Q 6 2012 Vanguard® February 2, 2012 LINDA J OLS~N KILLIAN & G PHART LLP PO BOX 886 HARRISBURG PA 17108-0886 P.O. Box 2600 Valley Forge, PA 19482-2600 www.vanguard.com Re: Estate of l~hilip E. Fox Dear Ms. Ols~'n: I am responding to your letter requesting a valuation of Philip E. Cox's Vanguard account. As of June 27, 12010, the number of shares, the price per share, the value of each fund, and the accrued dividends were as follows: Philip E. Fox ~- Individual Account /099~id5R1ddR1 Fund Name Shares Price Value Accrued Dividends Admiral Trsy Money Mkt 102,170.570 $1.00 $102,170.57 $1.15 Ltd-Term Tax Exempt inv 405.571 $11.05 $4,481.56 $7.94 Tax-Exempt oney Mkt 34,825.520 $1.00 $34,825.52 $4.09 PA Tax-Exerr~ pt Money Mkt 3,286.340 $1.00 $3,286.34 $0.34 Since the date of death fell on anon-market day, please note that prices and values reflected on the above table is as of close of market on the prior business day, June 25, 010. Accrued dividends are reported through June 27, 2010. USP~ If you have amy questions, please contact me at 888-237-9045, Ext. 11697. I will be pleased tol assist you. You can reach me on business days from 8:30 a.m. to 5 p.m., Eastern time. Sincerely, ~~~~ '~-- Robert J. Wish Transition As~ociate 51964387 SEP p 7 2010 Q MBT ~~~nk 499 Mitchell Road, Millsboro, DE 19966 Adjustment Services The Law Firm of Killian & Gephar~ LLP 218 Pine Street P O Box 886 Harrisburg, PA 1'108-0886 Phone 888-502-4349 Fax (302) 934-2955 August 31, 2010 Re: 'Estate of Phili E Fox .,Social Security: 577-28-6521 (Date of Death: June 27.2010 Dear Sir or Madam: Per your inquiry on Agust 23, 2010, please be advised that at the time of death, the above-named decedent had on deposit with this b the following: 1. Type ofAccoiwnt Checking Account Account Number 1316400 Ownership (lames ofl Philip E Fox Lucile J Fox Opening Date 08/O1i76 Balance on Djate of Death $20,314.85 Accrued Interfest $ 2.87 Total _.~__.....____.._._.._..__...__....---_........_. _. ~.. _ ._ . $20,31772 2. Type of Accoc~rct Savings Account Account Num~ier 15004200575809 Ownership (1~ames o, fl Lucile J Fox (POA) Est of Philip E Fox Opening Datd 08/07/77 Balance on Date of Death $4, 729.52 Accrued Interest $ .7g Total $4, 730.30 I 3. Type of Account Cert~cate of Deposit Account Number 31003920484620 Ownership (Names o~ Lucille J Fox Est of Philip E Fox Opening Date 12/04/Og Balance on ate of Death $20, 980.00 Accrued Int~rest $ 205.84 Total I __...._......_ . $21,185.84 For further account infor-~ation, closures and/or reimbursement of funds please call the Spring Garden Office at il'717-240-4525. We were unable to locate I~ny safe deposit box for the above-mentioned decedent. This letter does not include any accounts in which the deceased may have been listed as power of Attorney, G~stodian of Uniform 1~ansfers, Representative Payee, or. under a Written Agreement Sincerely, ', U i Tammy R Spencer Adjustment Services ', Secure Mailbox -View Message `vl~^`^~, T M~IBN ~WFE~D Secure Mailbox VIEW MESSAGE SUBJECT: ld OppenheimerFunds FROM: info@oppenheimerfunds.com TO: lolsen@killiangephart.com SENT: Wed 08 Feb 2012 14:09:57 MST EJCPIRES: Sun 08 Apr 2012 14:09:57 MDT Reply Reply to All Secure Mail February 8, 2012 Dear Ms. Olsen: Page 1 of 2 ? HELP We are writing in regard to the estate of Philip Fox. We are pleased to confirm that all assets have been transferred from the account of Philip Fox to the account of Lucile Fox effective February 6, 2012. You.. also requested the date-of-death value of Mr. Fox's account, which was a sole owner mutual fund account. As of June 25, 2010, the total dollar value of account number o0355726005029o was $35,848.53, based on 10,962.853 shales and a share price of $3.27 per share at Net Asset Value. We hope you find this information helpful. If you have any questions or need additional assistance, please email us via the "Contact Us" section of our website, www.oppenheimerfunds.com<http://www.oppenheimerfunds.com>, or call us at 1-8oo-CALL-OPP (225-5677)• We are available Monday through Friday from 8:0o a.m. to 8:0o p.m. Eastern Time. We will be glad to assist you. Sincerely, Customer Contact Center OppenheimerFunds, Inc. The Right Way to Invest as https://securemail.oppenheimerfunds.com/messenger/def/tw~url/NonUserPu... 2/8/2012 ~ Pennsylvania DEPARTMENT OF REVENUE July 14, 2011 John D Killian 218 Pine Street P O E3ox 886 Harrisburg, Pa 1108-0886 Dear Mr. Killian: Leo JUL 1 8 2011 Re: Estate of Philip E Fox File Number 2110-0839 This is in rresponse to your letter of July 5, 2011 concerning the inheritance tax return due in thelabove referenced estate. Since it is'apparent that you will be unable to fife a tax return in the near future, the estate record will be placed in an informal hold status for an additional period of six (6) months so that tt~e department will initiate no enforcement activity until January 14, 2012. At the end of than period we would ask that you contact us to provide an updated status for our file. The retulrn may be filed at any time during the informal hold period. Kindly note that this action will avoid the imposition of a penalty for failure to make a timehy return. However, it does not prevent interest from accruing on any tax remaining unpaid after the delinquent date. Thank your for your cooperation, and, if I may be of any further assistance, please feel free to conta~t my office. ~ .~, jSiry~erely, "'~ rel Fulmer Supervisor Inheritance Tax Division IfulmerCa~state a us Bureau of Individual Taxes 15`~ Floor Strawberry Square I Harrisburg, PA 17128 1717.787.6505 I www.revenue.state.pa.us C7r PROOF OF PUBLICATION OF NOTICE ~ IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF C>kJMBERLAND , Lisa Mare Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, b ing duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal pe 'odical published in the Borough of Carlisle in the County and State aforesaid, was established J ~nuary 2, 1952, and designated by the local courts as the official legal periodical for the ublication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in t e said County, and that the printed notice or publication attached hereto is exactly the same was printed in the regular editions and issues of the said Cumberland Law Journal on the foil wing dates, 0 Affiant fu her deposes that he is authorized to verify this statement by the Cumberland Law Journal, a leg 1 periodical of general circulation, and that he is not interested in the subject matter of the afore aid notice or advertisement, and that all allegations in the foregoing statements as to tir~le, place and character of publication are true. ____.= L' a Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 17 of September 2010 Notary Fox, Philip E., deed. Late of West Pen~Ysboro Town- ship. Executor: Paul J. ox, 1725 20th Street, NW #A1, W shington, DC .~~r. NOTARIAL SEAI 20009. ~ Attorneys: John DI. Killian Es- DEBORAH A COLLINS , quire, Killian 8s Gep art LLP 218 Notary PubNe ~ , , Pine Street, Ha risburg, PA CARLISLE BOROUGH, CUMBERLAND COUNTY 17101. My Commission Expires Apr 28, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames IQeinkl~us, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid., being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is e~.actly the sa a as was printed and published in the regular editions and issues of TI:~E SE Lon the following day(s): Au;;ust 31, Sex~tember 7 and September 14, 2010 COPY OF NOTICE OF PUBLICATION N~,~ ~ ~. . ,~ r,•; 1 ~;S nF47:S~kf ~ Y a eb~eri arantei] to tfie undo}s~An`~tt' ; '~5 V~" a s ~ \II person havfn clalms~j~,iow~'~ ~ms ag udders are re sta . , '~re~ue3tedta'' ~~' ~ , - e,~~Ic~ min ~ .S p h,Ollt dBfly t0 ~ ..r ti -!~ n-: Pauh,J Fax Execu4or ~ 1725 20th Street NN( #A1 Weshlrigton, D.C, 20009' r. ~. , _ ny, ~'G ~~ ~1~01':, ,~,8 _. ~ Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. `Sworn to and subscribed before me this ~ ~ .IU Notary Public My commission expires: NOTARIAL SEAL BAMBIANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27. 2014