HomeMy WebLinkAbout05-13-05
.
Register of Wills of Cumberland County
Estate of Delroy D. Brosius, Sr.
a/so known as
PETITION FOR PROBATE and GRANT OF LETTERS
No.-2J - (),') . ('/131
To:
, Deceased
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Social Security No. 177.24-3150
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut ors named in the last will of the
above deoedent, dated February 16, ,20 00
and codicil(s) dated MArr.h'4 ?nOfi
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland
Pennsylvania, with h_ last family or principal residence at
2137 Orchard Road, Lower Allen Township
(list street, number and municipality)
COlDlty,
Decedent, then~ years of age, died April 17, 2005 ,20_, at Lower Allen Township
Except as follows, decedent did not marry, was not divoroed 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:
Decedent at death owned property with estimated values as follows:
(If donticiled in Pa.) All personal property
(If not donticiled in Pa.) Personal property in Pennsylvania
(If not donticiled in Po.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$ 1,250,000.-
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and ondicil(s) presented
herewith and the grant of letters testamentary
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
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Residence(s) ofPetitioner(s)
2137 Orchard Road, Camp Hill, Pennsylvania 17011
474 Old Stage Road, Lewisbeny, Pennsylvania 17339
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
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COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
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 ~pers. onalntative(s) of the above
decedent petitioner(s) will well and truly administer the estate ace" :~I~W. .
Sworntooraffirml"l~bscribed {XC/~ Z&{j/.I//}./
Bef~ ~~s> l;;t day of
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\J~. . . _ Register
'-~ No.;;U-05-0l\3,
Estate of 11 0 \ '" 0 \:) bo.,s,1lO ';;" Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW \'f\oJ-~ \~ 2005: in consideration of the petition on the reverse side
hereof, satisfactoJy proo haVIng been presented before me, IT IS DECREED that the mstrument(s), dated ,c
;;) - I '" - c:0 l L ,', \ \ " ' described therein be admitted to ~ate filed of ~ the Ii will of \).0,AO(<;' \) 9>1<'6 IUs, J I
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FEES
Probate, Letters, Etc. .............
Will.................................
Renunciation...................... .
Short Certificates ( ) ............
JCP..................................
Automation Fee...................
Bond.................................
Total
Filed5-\?-OS- ~~
$ liD .(jJ
$ 15. DO
$
$
$ 10,l)i:)
$ 5 00
$
$
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Register of Wills ~
Scott M. Dinner, Esquire (I.D. # 53353)
Attorney (Sup. Ct. 1.0. No.)
3117 Chesnut Street
Camp Hill, Pennsylvania 17011
Address
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(717) 761-5800
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Phone
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Thi, is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
LucClI Registrar. The original certificate will be forwarded to the State Vital Records Offtce tor permanent Ilhng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fce for this certificate. $6.00
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. V1TAL RECORDS
CERTIFICATE OF DEATH
STATE FILE NUMIlEII
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U\Ie in a ~
11b. CounIV Cumberland lownslllp? t7d,O ~ithI~l=ol
MOTHER'S NAME (First Middle. Maiden $uITWlme)
,.. Helen Grace Klin er
INFORMANrs MAILING ADORESS (Sue.!, City/Town, SIaIa. Zip COde)
".. 2137 Orchard Road, Camp Hill. PA 17011
PtACE OF DlSPQSITION.NW~' crel1!8lOr'Y tOCATION -City/Town. Slale. ZlpCoaa
orOlherPlllCll crema"""on ::iOC~ecy
21C.of Penns lv~nia Cremator 1d. Harrisbur PA 17109
NAMEAND~DRESSOFFACILlTY U or a orne rema on
22t.ServiG.es, Inc., Harrisburg, PA 17109
'~NIJMaE.~ o.-.T1:: SIGNED
~"2.--""/' (Month, y,Year)
23b.,.:) ~~""L. 231:. J
WI\SCASE: REFERREO TO A MED\CM. EMM1NER Ie CNEi\?
21. 21. Yet m JL No 0
27. PART I: l!mer..._,.........or""""'_Ion.....icIl.....Md....d_. Do__..........oIi1)'lne,"Uotl.._lKor...P~......_kor_rH..lkl... 'ApprOlCimate PART II: ()Ihefsjgnilioanlc.ondltionscontributingtodeaUl
, bul
Uot....ly_............__. :inlarval nol resulting inlhll undllf1ying caUM given in PART I
: onslll and death
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2137 Orchard Road
NAME Of DECEDENT (First, Middle. Lest)
1.
AGE (Last Birthd8y)
B1RTHPtACE(Cllyend
SllIte or Forelgn Country)
1. Greenbrier, P ..,
FACILITY NAME (II notlnslitulion, 11"'" '!relll and nurnt:HK)
5. 75
Yo
COUNTY OF DEATH
lb. Cumberland
k.Lower Allen Twp.
KINO OF BUSINESS I INDUSTRY
S DECeDENT EVER IN
U,S. ARMED FORCES?
Ye,D NoIXI
tt. 13.
t1L SIaIa Pennsvl vania
1te. Co-Owner 11b. R. F. Fager
OECEOEtlT'S IAAlLlNG J\OORESS (Slrelll. /Town, Slate. Zip Code) DECEDENT'S
2137 Orchard Road ~~~LNCE
Camp Hill, PA 17011 ~J:::rs
Clarence Raymond Brosius
Carol A. Brosius
2005
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Saquenti8lly ~,t conditions
ilany, leading 10 immediate
GaliM. ElIler UNOE.RLVlNG
CAUSE(Oisaasll(}(irjury
thalinl~eted'venlS
IllSLAllng on dealh) LAST
WAS AN AUTOPSY 'M:.RE AUTOPSY FINDINGS
PERFORMED? AVAltABLE PRIOR TO
C0f,,4PtETION OF CAUSE
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DATE OF INJURY
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SOCIAt SECURITY NUMBER
,. 177 24 -
OATE OF DEATH (Monlh, Da1. Y&ar)
< A ril 17 2005
3150
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(SpeelIy)
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SURVlVIW3 SPOUSE
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MAAlT,l"LSTA.TUS.Yll&'MG.
Ne=s=rlld.
",.Married
17C.~YllS.dllClldentlivedin
Carol
Lower Allen
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Brosius
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TIME OF INJURY
INJURY AT 'vVORK? DESCRIBE- HOW INJURY OCCURRED
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PLACE OF INJURY
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NAME AND ADDRESS OF PERSON 'M-tO COMPlETE CAUSE OF DEATH
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'PRONOUNCING AND CERTIFYING PHYSICIAN (1't11aidan bOth pronoundng death and c:erlilying 10 causa oIlle8lh)
To the bnt cH'mykn~e,d..thOO::O::Iln'W8l.thetlme,<1at4I.""'p\K....rwS\t'ft'o"".~_I.)lnllm.nntr..atmtd....
.MEDlCAL EXAMlNERfCORONER
Oft.. be... t1I hamlllatlonenei/or In_tlllBtlon,ln my opll'llon, dtatll occlllT8d at Ihetlme, dill.. and pIICI, end dLllllo th. tBuH-taland
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REG~R'S SIGNATURE AND N,UMBER
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle. PA
II
LAST WILL AND TESTAMENT
OF
DELROY D. BROSIUS, SR.
I. DELROY D. BROSIUS, SR., of Lower Allen Township,
cumberland County, Pennsylvania, declare this to be my Last Will
and Testament, hereby revoking any will previously made by me.
I. - I direct the payment of all my just debts and funeral
expenses out of my estate as soon as may be practical after my
death.
II. ~ I give all my furniture or articles of household use
to my wife, Carol A. Brosius, if she survives me by sixty (60)
days.
If she does not so survive me, I give all such property
my wife's children, CHRISTINE MARQUART and ANDREA L.
as so survive me, to be divided between them as they
may agree or, in the absence of agreement, as my executor may
think appropriate, except, that I give my 1250 John Deere
Tractor to my son, Harold R. Brosius.
III. ~ I bequeath all of my shares of Class A Voting Stock
and Class B Non-voting Stock in R.F. Fager Company in the
following manner:
(A) Thirty-three and one-third (33 1/3%) percent of
said shares to my son, DARRELL C. BROSIUS.
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SHUFF &
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26 W. High Street
Carlisle, PA
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(B) Thirty-three and one-third (33 1/3%) percent of
said shares to my son, HAROLD R. BROSIUS.
(C) Thirty-three and one-third (33 1/3%) percent of
said shares to the Trust for the benefit of DARVIN K.
BROSIUS hereinafter established in Item IV of this my Last
Will and Testament.
(D) My beneficiaries, who inherit the stock shall
reimburse the estate, the proportionate part of
Pennsylvania Inheritance Tax and Federal Estate Tax
attributable to the value of the shares.
These bequests of Stock in R.F. Fager Company are
under and subject to the terms of the Shareholders Agreement now
in effect or hereafter amended.
IV. - The thirty-three and one-third (33 1/3%) percent
interest of my Class A Voting Stock and Class B Non-voting Stock
in R.F. Fager Company, for the benefit of my son DARVIN K.
BROSIUS, also known as DARWIN K. BROSIUS, shall be held in
trust upon the following terms and provisions:
(A) My trustee shall pay the net income, including
dividends arising from the principal of this trust, in
installments, as frequently as my trustee thinks advisable
to DARVIN K. BROSIUS during his lifetime.
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
(B) During the lifetime of DARVIN K. BROSIUS, my
trustee shall use or apply to or for his benefit, so much
of the principal of this trust as may be necessary in the
case of illness or emergency and/or for his support and
maintenance only upon taking into consideration any and all
other sources of income as well as his station in life.
Upon the death of DARVIN K. BROSIUS, the then-remaining
principal and undistributed income shall be distributed to
my grandchildren, JONATHAN BROSIUS and CHRISTOPHER BROSIUS,
per stirpes.
(C) Should any of the heirs provided for in this Item
be under the age of twenty-five (25) or in the opinion of
my trustee unable to properly administer the assets so
bequeathed, the trust herein provided shall continue until
the youngest then-living beneficiary attains the age of
twenty-five (25)years.
v. - I give, devise and bequeath all the rest residue and
remainder of my estate, of whatever nature and wherever situate
to my wife, CAROL A. BROSIUS, provided that she has survived me
by sixty (60) days.
VI. - In the event my wife, CAROL A. BROSIUS, fails
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II.
to survive me by sixty (60) days, then I give, devise and
bequeath all the rest residue and remainder of my estate to my
step-daughters, ANDREA L. WESTOVER and CHRISTINE MARQUART, per
stirpes.
VII. - Survivorship: Any person, other than my wife, who
shall have died at the same time as myself, or under such
circumstances that the order of deaths cannot be established by
proof, or within thirty (30) days of my death, shall be deemed
~ to have predeceased me.
OJ
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
If my wife dies at the same time as
myself, or under such circumstances that the order of deaths
cannot be established by proof, my wife shall be deemed to have
survived me. Any person (other than myself) who shall have died
at the same time as any then recipient of income under such
ircumstances that the order of deaths cannot be established by
proof, shall be deemed to have predeceased such beneficiary.
VIII. Protective Provisions: No part of the income of the
property held under the Trusts shall be subject to
attachment, levy or seizure by any creditor, spouse, assignee or
trustee or receiver in bankruptcy of any beneficiary prior to
his or her actual receipt thereof. Trustee shall pay over the
net income and the principal to the parties herein designated,
as their interest may appear, without regard to any attempted
anticipation, pledging or assignment by any beneficiary under a
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
Trust and without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
IX. Powers of Personal Representative and Trustee: My
personal representative and Trustee shall posses, among others,
the following powers exercisable without court approval:
A. To vary or to retain investments, including
the stock of any corporate Trustee named herein, when deemed
desirable by them, and to invest in such bonds, stocks, notes,
estate mortgages or securities or in such other property,
or personal as they shall deem wise.
B. In order to effect a division of the
principal of a Trust or for any other purpose, including any
final distribution of a Trust, they are authorized to make said
divisions or distributions of the personalty and realty, partly
or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts created hereunder so long as the total
market value of any share is not affected by such allocations.
Should it appear desirable to partition any real estate, they
are authorized to make, join in and consummate partitions of
lands, voluntarily or involuntarily, including giving of mutual
deeds, recognizance's, or other obligations with as wide powers
as can be exercised by an individual owner in fee simple.
C. To sell either at public or private
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SAlOIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
sale and upon such terms and conditions as they may deem
advantageous to a Trust, any or all real or personal estate or
interest therein owned by a Trust severally or in conjunction
with other persons, and to consummate said sale or sales by
sufficient deeds or other instruments to the purchasers or
purchasers, conveying a fee simple title, free and clear of all
trust and without obligation or liability of the purchaser or
purchasers to see to the application of the purchase money, or
to make inquiry into the validity of said sale or sales; also,
to make, execute, acknowledge and deliver any and all deeds,
ssignments, options or other writings which may be necessary or
desirable in carrying out any of the powers conferred upon them
in this ITEM or elsewhere in the instrument.
D. To mortgage real estate, and to make leases
of real estate, extending beyond the term of the Trusts
hereunder.
E. To borrow money from any party, including my
personal representative and trustee, to pay indebtedness of a
Trust and taxes, and to assign and pledge assets of a Trust
therefor.
F.
To pay all costs, taxes, expenses and
charges in connection with the administration of a Trust,
including a reasonable compensation to agents.
If any estate or
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inheritance taxes are payable from assets received by Trustee,
, such taxes shall be paid from the assets of the Trust.
G. In the discretion of my personal
representative or trustee, to unite with other owners of similar
property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of a Trust.
H. To vote any shares of stock which form a
part of a Trust.
I. To assign to and hold in trust an undivided
portion of any asset.
J. To divide any Trust created in this
Agreement into two or more separate Trusts (1) to segregate
~ property not subject to pennsylvania inheritance tax, or (2) so
that the inclusion ratio for purposes of the generation-skipping
SAlDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle. PA
transfer tax shall be either zero or one, in order
that an election under 2652 (Section a) (3) of the Internal
Revenue Code may be made with respect to one of the separate
Trusts, or (3) for any other reason.
K. To do all other acts in its judgment deemed
necessary or desirable for the proper and advantageous
management, investment and distribution of the Trusts.
L.
Any corporate fiduciary acting as a personal
representative or trustee hereunder shall be entitled to
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compensation based on its regular schedule of fees for such
services in effect at the time of the service rendered.
M. Should the principal of any Trust herein
provided for become too small, in their discretion, so as to
make continuance of the Trust inadvisable, they may make
immediate distribution of the then remaining principal and any
accumulated or undistributed income outright to the person or
persons and in the proportions they are then entitled to income.
Upon such termination the rights of all persons who might
otherwise have any interest as succeeding income beneficiary or
~ in remainder shall cease.
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
If any person to receive distribution
is a minor or disabled in any way, they may pay the fund to the
parent, guardian, or person or organization taking care of that
person, or, with respect to a minor, Trustee may deposit the
fund in a savings fund account in the minor's name payable to
the minor at majority. These authorities shall extend to all
property at any time held by my Executrix or my Trustee and
shall continue in full force until the actual distribution of
all such property, except as otherwise specifically stated. All
powers, authorities, and discretion granted by this will shall
be in addition to those granted by law and shall be exercisable
without court authorization.
x. Legal Disability of Beneficiary. Whenever and as
often as any beneficiary hereunder, to whom payments of income
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
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or principal are herein directed to be made, shall be under
legal disability, or in the sole judgment of Trustee, shall
i otherwise be unable to apply such payments to his own or her own
best interests and advantages, Trustee may make all or any
portion of such payments in anyone or more of the following
ways:
A. Directly to such beneficiary;
B. To the Legal Guardian or Conservator of such
beneficiary;
c. To a relative of such beneficiary, to be
expended by such relative for the benefit or such beneficiary;
or
D. By itself expending same for the benefit of
said beneficiary.
XI. Uniform Transfers to Minor's Act. If a
beneficiary under the age of twenty-one (21) years is entitled
to receive assets under a Trust, the Trustee shall receive those
assets as Custodian for the beneficiary under the Pennsylvania
Uniform Transfers to Minors Act. The Custodian may receive and
administer all assets authorized by law, and shall have full
authority as provided by the Pennsylvania Uniform Transfers to
Minors Act to use assets in the manner the Custodian deems
advisable for the best interest of the beneficiary.
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XII. Executors and Trustees:
I appoint my wife,
CAROL A. BROSIUS and my son, HAROLD R. BROSIUS, as Co-Executors
of this, my Last Will and Testament. Should either of them fail
to qualify or cease to act as such, then I appoint the other as
sole executor of this, my Last Will and Testament; provided, if
HAROLD R. BROSIUS either is unwilling or unable to serve, I
appoint my son, DARRELL C. BROSIUS to perform the duties of
Executor or Co-Executor.
I appoint my sons, DARRELL C. BROSIUS and HAROLD R.
BROSIUS, Co-trustees of any trusts created herein.
Provided,
l19 if either is unwilling or unable to serve, the duties of Trustee
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
shall be performed by the other.
None of my trustees, personal representatives, executors or
administers shall be required to post bond in this or any juris-
diction.
IN WITNESS WHEREOF, I
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and seal on this, the __~
have hereunto set my hand
..--:-
day of ~~U#7Z(
2000.
~~~ 0~ ~'vI.O ~ (SEAL)
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SAlDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
II
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In our presence the above-named testator signed this and de-
clared it to be his will, and now at his request, in his pres-
ence, and in the presence of each other, we sign as witnesses:
.,.~
( . Name
L{Wl ~>n. ~rglA
Name
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Addre~
-!J/rJ /ULL;; -6 CA--l 5 . /b.. '
Address I
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY
CUMBERLAND)
OF
WE, the undersigned, the testator and the witnesses,
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 Testament and that he signed
willingly (or willingly directed another to sign for him), and
that he executed it as his free will and voluntary act for the
purposes therein expressed, and that each of the witnesses, in
the presence and hearing of the testator signed the will as
witnesses 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 undue influence.
~.2-~W6~" ~~~ .k
Testator
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Witness
~~;Jn. j~htj~OX-
Witness
Subscribed, sworn to
testator, and subscribed and
nesses, this /(./A day of
and acknowledged before me by the
sworn to before me by both wit-
~ j.A-~/d7/ , 2000.
..---/
S~ellw L ~otarlal Seal
/i:mp If", Bo:;;g~ng, Notary PUblic
M Commission' E~pTr~~~"'I County
ember, Pennsy/vanirl ,tI<:"",. pn ~_O2.0
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CODICIL TO
THE LAST WILL AND TESTAMENT
OF
DELROY D. BROSIUS, SR.
I, DELROY D. BROSIUS, SR., of Lower Allen Township,
Cumberland County, Pennsylvania, declare this to be the sole
Codicil to my Last Will dated February 16, 2000.
1. I amend Paragraph III (C) to provide that the shares
of voting and non-voting stock in R.F. Fager Company bequeathed
to my son, Darvin K. Brosius, shall be given to him outright
without the imposition of a trust as provided in the said
paragraph.
II. I hereby revoke Paragraph IV of said Will, which
states the terms of said trust.
III. In all other respects, I hereby ratify, confirm and
republish my will dated February 16, 2000. together with this
sole Codicil as and for my Last Will.
IN WITNESS WHEREOF,
I, DELROY D. BROSIUS, SR., have
hereunto set my hand and seal to this Codicil to my Last Will
!:< c.;l'--day of March, 2005.
and Testament on this
~~ &J. ~ft(\~
DELROY . BROSIUS, SR.
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Signed, sealed, published and declared by the above-named
Testator, as and for a Codicil to his Last Will and Testament in
the presence of us, who have hereunto subscribed our names at
his request as witnesses, thereto, in the presence of said
Teil:tor and of )aCh other.
~ A) ~ ADDRESS (7~ /I~j;-f ,A,
]-4;' F~ ADORE"
COMMONWEALTH OF PENNSYLVANIA
COUNTY
OF
CUMBERLAND
We, Delroy D. Brosius, Sr., -Jo~ vt c.5/'.J:-<! and
f-/~'r(;I.! p. ,grt6,'.jthe Testator and witnesses, respectively whose
names are signed to the foregoing or attached instrument, being
first duly sworn, do hereby declare to the undersigned authority
that the Testator signed and executed the instrument as his
Codicil and that he signed willingly and that he executed as his
free and voluntary act for the purposes therein expressed, and
that each of the witnesses, in the presence and hearing of the
Testator signed the Codicil as witness and that to the best of
their knowledge the Testator was at the time 18 or more years of
age, of sound mind and under no constraint or undue influence.
Subscribed, sworn to and acknowledged before me by Delroy D.
Brosius, Sr., the Testator, and sUbscribed;J?;-and sworn or
affirmed to before me by the witnesses, this ~ day of March,
2005.
:m
Notai IS I .
Sara 1. Ensinger. otary Pubhc
Camp Hill Boro, Ollnberland County
My Commission Ex;.;'",. OCI. 17,2005
Member, Pennsyl...a~;;~~l'Jdatioo of Notaries
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