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HomeMy WebLinkAbout11-17-05 Register of Wills of Cumberland County, Pennsylvania Estate of PETITION FOR GRANT OF LETTERS John E. Fox, Jr. No. ;2 /-tJ '5-I()~S also known as ,Deceased Social Security No. 191-26-6707 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) ~ A. Probate and Grant of Letters and aver that Petitioners are the executor named in the Last Will of the ... Decedent, dated December 29, 1995 and codicil(s) dated January 19, 1996 and Auqust 15, 2001 (Katharine C. Fox - date of death June 8. 2001) State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: No Exceptions CJI B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I \~~.." ~~, ~ IN ALL L;A:st:::S:j Attacn additional sneets It necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 3600 Loqan Street. Apt. 5A. in the Borouqh of Camp Hill. Cumberland County, Pennsylvania (list street, number and municipality) Decedent, then R years of age, died October 24,2005, at 3600 Loqan Street. Apt. 5A. Camp Hill, Pennsylvania (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property $ 500 (If not domiciled in PAl Personal property in Pennsylvania $ (If not domiciled in PAl Personal property in County $ Value of real estate in Pennsylvania $ 190,000 Total $ 190.500 Real Estate situated as follows: Condominium: 3600 LOQan Street. Apt. SA. BorouQh of Camp Hill. Cumberland County, PennsYlvania Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature T ped or printed name and residence Sue Mauery, Vice President and Trust Officer Manufacturers and Traders Trust Company, Co-Executor by its merger with Allfirst Trust Company of Pennsylvania, N.A., ("Allfirst") the successor entity of that merger of Allfirst and Dauphin Deposit Bank and Trust Company, a division of FMB Bank Mail Code: 001-02-05 213 Market Street Harrisburg, PA 17101-2127 1/7t:u.A e 71~~ Ross Miner Chrisman Harris Estates 9 Gregg Drive Selingsgrove, PA 17870 ..., . (.. ~j Form RW.1 Page 1 of 2 (Cumberland County) - Rev. 9/92 Oath of Personal Representative Commonwealth of Pennsylvania County of Dauphin The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. before me this I Y"f 11 Sworn to and affirmed and subscribed day of I " ,A,. /1) /7{'/ C'" I' A,," <-LC . , . c",_. .~ 'C/, l J' / x~~~ November 2005 ), ~- {' J"" ;0"- -- No. ~ 1- 0 t;;'-Io~ ( Estate of John E. Fox. Jr. Social Security No: 191-26-6707 Deceased Date of Death: October 24.2005 AND NOW, November , 2005, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters)lrTestamentary 0 of Administration are hereby granted to Manufacturers and Traders Trust Company. Co-Executor by its merger with Allfirst Trust Company of Pennsylvania. N.A. ("Allfirst"). the successor entity of that merger of Allfirst and Dauphin Deposit Bank and Trust Company. a division of FMB Bank. and Ross Miner Chrisman in the above estate and that the instrument(s) dated December 29. 1995. January 19. 1996 and August 15. 2001 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. ~ t&--- ~/Le( S/l~CL~:?C r ~ "?J? .Pl<r~- FEES Letters.......................... . \..J J.il Short Certificate(s)....3...... Renunciation................. . Affidavit ( )................. Extra Pages ( )............ Codicil...... \.\>............. JCP Fee........................ (\~.:t" 'v",\ ~\ F <:...Q Inventory...................... . Other... Y..tt. ..~~ 7'-1- ~~ 3~;) TOTAL......)........ Form RW-1 Page 2 of 2 (Cumberland County) - Rev. 9/92 d.b.n.c,t; pendente lite; durante absentia; durante minoritate $ )1.;0.00 /,,:5,00 Register of Wills $ $ $ $ $ $ I.;, , 00 t._') ., ~. ; '-" , $ ~:.o: Attorney ,.)/~;..A ! Lt.. t< ~- -2,'/ 0 U Stephanie Kleinfelter, Esq. 80089 Keefer Wood Allen & Rahal. LLP P.O. Box 11963 Harrisburg. PA 17108-1963 ~o Telephone: 717-255-8037 or 717-901-7786 r~'J .-/ J J: $ $ ~ 1.0. No: ~ Address: KEEFER WOOD ALLEN & RAH;t\L, LLP 210 WALNUT STREET HARRISBURG. PA 17101 Three Hundred Sixty Two ******** PAY TO THE ORDER OF \ R~gister of Wills, Cu One Courthouse Square Carlisle PA 170 / '--..-/ WACHOVIA BANK, N.A. 3-50-310 78330 78330 ** 00/100 AMOUNT $362.00 KEEFER WOOD ALLEN & RAHAL, LLP 4rU1W~ II- 0 DO? 8 :2 :l 0 II- I: 0 :2 . 0 0 0 50 :2 I: 2 0 0 0 b . ~ 0 . 0 b ? 5"- HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL n ROBERT L. WELDON EUGENE E. PEPINSKY. JR. JOHN H. ENOS m GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER ELYSE E. ROGERS CRAIG A. LONGYEAR JOHN A. FEICHTEL DONALD M. LEWIS m BRIDGET M. WHITLEY ELIZABETH J. GOLDSTEIN STEPHANIE KLEINFELTER BRADLEY A. WALKER KEEFER WOOD ALLEN & RAHAL, LLP ATTORNEYS AT LAW 210 WALNUT STREET P. O. BOX 11963 HARRISBURG, PA 17108-1963 ESTABLISHED IN IB78 OF COUNSEL: SAMUEL C. HARRY WEST SHORE OFFICE: 415 F ALLOWFIELD ROAD CAMP HILL, PA 17011 (717) 612-5800 PHONE (717) 255-8000 EIN No. 23-0716135 www.keeferwood.com WRITER'S CONTACT INFORMATION: E-mail: (717) 255-8037 Fax: (717) 255-8003 skleinfelter@keeferwood.com November 15, 2005 Register of Wills Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Attn: Colleen Re: Estate of John E. Fox. Jr.. Deceased Dear Colleen: I understand I cannot pre-pay the filing fee for the Inventory and Pennsylvania Inheritance Tax Return, and that you have shredded the $362 check which I submitted with the Petition for Letters Testamentary. Accordingly, I have enclosed herewith a new check in the amount of $332 in payment of the probate fees. Please process the Petition at your earliest convenience. Thank you for your assistance in this matter. SK/kpf Enclosure VelY truly yours, KEEFER WOOD ALLEN & RAHAL, LLP By: .1\%) ({L!LIi- Step'hl~i~'-Iueinfelter JJ.-o 5 / DO 5 HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPINSKY. .JR. .JOHN H. ENOS ill GARY E. FRENCH DONNA S. W.ELDON BRADFORD DORRANCE .JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER ELYSE E. ROGERS CRAIG A. LONGYEAR .JOHN A. FEICHTEL DONALD M. LEWIS III: BRIDGET M. WHITLEY ELIZABETH .J. GOLDSTEIN STEPHANIE KLEINFELTER BRADLEY A. WALKER KEEFER WOOD ALLEN & RAHAL, LLP ATTORNEYS AT LAW 210 WALNUT STREET P. O. BOX 11963 HARRISBURG, PA 17108-1963 ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY WEST SHORE OFFICE: 415 FALLOWFIELD ROAD CAMP HILL. PA 17011 17171612-5800 PHONE (717) 255-8000 EIN No. 23-0716135 www.keeferwood.com WRITER'S CONTACT INFORMATION: (717)901-7786 (717) 255-8037 Fax: (717) 255-8003 E-mail: skleinfelter@keeferwood.com November 14, 2005 Hand Delivered Glenda Farner Strasbaugh Register of Wills Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Re: Estate of John E. Fox, Jr., Deceased Dear Glenda: I represent Manufacturers and Traders Trust Company and Ross Miner Chrisman, as the Co-Executors under the Will of John E. Fox, Jr. I have enclosed herewith for filing the following original documents: 1. The Will of John E. Fox, Jr., dated December 29, 1995, which is self- proving; 2. Codicil to Will of John E. Fox, Jr., dated January 19, 1996, which is self-proving; 3. Codicil to Will of John E. Fox, Jr., dated August 15, 2001, which is self- proving; 4. A certified copy of the death certificate of John E. Fox, Jr,; 5. Petition For Grant of Letters Testamt:pt~ry; :;ind, d / - 0 5 -/ /) {\ 5- Glenda Farner Strasbaugh November 14, 2005 Page 2 6. Estate Information Sheet. I have also enclosed for your use copies of the Will and Codicils. Moreover, I have enclosed a $362 check in payment of your filing fees. Additionally, please note the following when processing the enclosed documents: 1. The Dauphin County Register of Wills' Office has taken the above" mentioned CO" Executors' Oath of Personal Representatives, and has affixed the Register's seal thereto on page 2 of the Petition. 2. The decedent's wife, Katharine C. Fox, predeceased the decedent on June 8,2001. 3. Ross Miner Chrisman was named as a CO" Executor of the Estate pursuant to that certain Codicil dated January 19, 1996. 4. Pursuant to Article XII of the Will, no bond is required. Thank you in advance for your assistance in this matter. Please let me know if you have any questions. Very truly yours, KEEFER WOOD ALLEN & RA L, LLP By: s~;t~;'~~iif{~l~t __ SK/kpf Enclosures cc: Sue Mauery, Vice President and Trust Officer Manufacturers and Traders Trust Compnay (w/encls.) Ross Miner Chrisman (w/encls.) C" <-:" .' d/.-{J~-/C~!:) .. . Thi, is to certify that the information here given is correctly copied from an original Lcrdic~tc oj d:ath duly. hied WIth me as L lttl Registrar. The original certificate will be forwarded to the State Vital Rec()rd~ Uf I ILL' lor pc nanent tllmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. p .., .. "" "5 ~~ () i""\ ,J t "'~~J I' ,.L .1 ..:.. "",,.; "-" ..J,,, ..; ,J No. - ~/?~ Fee for this certificate. $6.00 Local Registrar OCT 2 7 2005 Date c" ; ~'-'-.) ev 2187 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE OF DEATH ,. AGE (last Birthday) John E. STATE FilE NUMBER ..--------.--------------- 50--- ISOCIAL SECURITY NUMBER DATE OF OEATH ,Mcnth. Oa." '''eal) NAME OF DECEDENT (F;;sr, Middle. lasr) UNOER 1 YEAR Months Days Fox, Jr. UNDER t DAY Hours Minutes BIRTHPLACE IC,tv ar.d PlACE OF DEAJ"H ICl'>ecll only or-e h "'" ,ns1tucl.ons on omel Sldel Stale Of F cretg(1 COUnlry) HOSPITAL Harrisburg, PA Inpa"",,, 0 ERIOutpat.;n'O DCA 0 7. ... FACILITY NAME (It nOlln$l'Mron. grve slleef and number, ~::lfy)D Ie. Camp Hill KINO OF BUSINESS/INDUSTRY 2. male 3. 191 26 6707 ~ October 24, 2005 5. COUNTY OF QE.(J'H 92 v" ... Cumberland RACE - American Indian, Black, White. life. ,Spec"", DECEDENT'S USUAL OCCUPATION (Give klrxl of work done dUflng most of working life; do not use ret\fed.) 11L Teacher 11b. Education DECEDENT'S MAILING ADDRESS (Street CitylTown. Slate. ZIIpCode) DECEDENT'S ACTUAL. RESIDENCE (See rnsuucllOf\S on OIhet SIde) 10. white SURVIVING SPOUSE (II ""Ie. grve maiden namel 14. MARITAL STATUS - Married Never M8tTiItd, Widowed, O_(Specotyj widowed 3600 Logan Street, Apt. SA Camp Hill,PA 17011 17a. State Pennsylvania Okl - l;ye in a Cumberland townShip? 17d.1KI :;"='",':;:::0' MOTHER'S NAME (First Middle. M31den Surname) 17C,O v.., decedenUived in ...". 1.. F1JHER'S NAME (First. Middle. laSl) 1.. John E. Fox, Sr. INFORMANT'S NAME (T ypalPrinll 200. Ross M. Chrisman METHOD OF OtSPOSITtON Burial ~ Cremalion 0 Removal from Stale 0 Other (Speaty\ 17b. Coun Camp Hill <>ty-.,. To the besl 01 my knOwledge, death occllfred allhe rime. dale and place staled (Signature and Title) 2005 fl. Rachel K. Kunkel INFORMANT'S MAILING ADDRESS (Slreet. CityfTown, Slate. Zip Codel 2Gb. 9 Gre Drive, Selins PLACE OF DISPOSITlON - Name of Cemet8fY, Crematoly or Other Place Hummelstown Cemetery Hummelstown, PA 17036 21c. 21d. NAMEANDADDRESSDFFACllITY Parthemore FH & CS. Inc. 22C.P.0. Box 431 New Cumberland, PA 17070-0431 LICENSE NUMBER DATE SIGNED (Month. Day. Yearl PA 17870 Oonot;on D 21L S1GNATU F ~EORPERSONACTINGASSUCH LICENSE NUMBER 22a. Comptete item, onty when certifying physician is not available at lime of death to certrty cause 0' death L 230. Hems 24.215 m~ be cornp4eled by TIME OF DEATH DATE PRONOUNCED DEAO (Month, Day. Year) pwsonwho pronounces death. 24, j .;] ~'} );~ M. 25, Ot-"it?6..:-r .fi y/ ~ tJ C' ..;,'- 27. PART I: Enter the diseases, inJuries or complicaltons which caused lhe death. 00 not enler lhe mode 01 dying, such as cardiac or respiratory arrllst. shock or heart failure List only one cause on each line .....EDlATE CAUSE (FInal disease or condition resullintJln08ath)--. 23b. 2:le. WAS CASE REFERRED TO MEDICAL EXAMINERlCORONER? Ve'o ~ SequentiaJty list conditions if any,leading lO immediale cause. Ent... UNDERLYING CAUSE: (lAs8ase or If'ltlJry lhaIlnltiaIed events resulbng V't deathllAST 21. I Approximate : inl8fY81 between I OnMI: and death I I I PART II: OIher significant condiWns contributing to death. but noI reSUlting in the underlying cause given in PART I. 9 -<C-rl'W:.:z~ __ DUE 10 lOR AS A CONSEQUENCE Of), WAS AN AUTOPSY PERFORMED? d. WERE AUTOPSY FINDINGS AVAILABLE PRIOR 10 COMPLETION OF CAUSE OF DEATH? MANNER OF DEATH Natural ~ o o DATE OF INJURY (Month. Day. Year) TIME OF INJURY INJURY ,(J" 'NORK7 DESCRIBE HOW INJURY OCCURRED. Homic. o o o ~CE QF INJURV. AI hom.. I..m~;..'. I.",,,,,,. 0l1k:. butldlng, 81C. ISp8Cllv) 300. .... 0 NoD Ace..... Pending Invesligalion ....0 No ,EI VIS 0 NoD Sui<;;do Coutd noc be delerrn,"ed M, 3oe. "PRONOUNCING AND CERTIFYING PHYSICIAN (PhysICl8n bolh ;.Jfonounclng Oeath and certIfYing 10 cause of deall'1l To lhe beef 01 my knowladgl'l, death occurred at the time. date. and place, and due 10 the eaUM(s) and manner as staled.. o /;;7&::I/t,/j Be. 2'b. CEATlFIER (Check oniy one) .CEATlFYING PHYSICIAN (PhyslCl8n cert~ cause 01 death lNhen anOlher phVSlCtCln t'las pronounced dealh ana ccmpleled!lem 23) To the baefo' my knowledge, deethoccurred due 10 the cause(s)and man~r.. slal~. ..,.. 29. "MEDICAL EXAMINER/CORONER On Ihe basis of eumlnallon and/or investigation, in my opinion, death occurred althe time, dale, and place, and due to the cause(s) and manner as ,Iated. . 3" 33 REGISTRAR.S SI,.....~MB~ lo?l/~I/(" I ,.. t:/... 12-21-95 WILL of JOHN E. FOX, JR. I, JOHN E. FOX, JR., having my domicile in the County of Cumberland, State of Pennsylvania, revoke my prior Wills and Codicils and declare this to be my Will: Article I. Family Information. A. I am married to Katharine C. Fox ("Katharine"). Article II. Appointment of Fiduciaries. A. I appoint Dauphin Deposit Bank and Trust Company and Katharine as Co- Executors hereunder. If ever Katharine is unable or unwilling to serve, or continue so serving, no successor shall be appointed to serve in her place. B. Provisions governing the compensation of executors and the appointment of executors by persons other than myself appear elsewhere in this Will. Article III. Real Property. A. I give my usual principal residence to my wife if she survives me. B. I direct my Executors to sell any other real property that was used by me as a personal residence if it is not otherwise effectively disposed of hereunder and my Executors determine that I would not wish to have the residence preserved for my residuary estate, and to add the proceeds of sale to my estate generally. Article IV. Powers of Appointment. I declare that I do not by this Will intend to exercise any power of appointment. Article V. Residue. (..< ;..~, .- A. -I i give' my:,residuary estate, real and personal, wherever located, including any property mentioned above but not effectively disposed of, to the Trustees under the Trust Agreement that I have signed today prior to signing this Will, to be dispesea of as provided in that Trust Agreement, including any amendments to it Jl- 0 ~ ~ (Ov{ Article VI. Payments to Minors. signed after today. If for any reason this gift is invalid but the terms of the trust may be validly incorporated into this Will or otherwise carried out under this Will, then (i) I hereby appoint the Trustees under that Trust Agreement to be trustees under this Will, (ii) I incorporate the provisions of that Trust Agreement into this Will (iii) I give my residuary estate to the Trustees under this Will, and (iv) I direct that my residuary estate shall be disposed of in the manner provided in that Trust Agreement but with the trusts thereby set forth treated as trusts under this Will. 1. I direct my Executors to follow any instructions contained in that Trust Agreement in making any tax election, including but not limited to the allocation of my GST exemption. I direct that the taxes imposed by reason of my death upon propeliy passing under and outside this Will shall be apportioned and paid in the manner provided in that Trust Agreement. Whenever income or principal becomes distributable (whether by a direction in this Will or by exercise of discretion hereunder) to a person under age 25 (described herein as the "Minor" regardless of the actual legal age of majority), my Executors may make the distribution in one or more of the following ways (or any other way that seems appropriate to my Executors): A. If the Minor is a descendant of mine or my wife, by holding the property in a separate trust for the Minor until the Minor attains age 25. As much of the net income and/or principal of the trust as my Executors may from time to time determine shall be distributed to the Minor for any purpose. Any net income not so distributed shall from time to time be accumulated and added to principal. Upon the attainment of age 25 by the Minor, the property then held in the Minor's trust shall be distributed to the Minor. If the Minor dies before attaining age 25, the property shall be distributed to (1) the Minor's descendants surviving the Minor, per stirpes, or in default thereof (2) if the Minor was a grandchild or more remote descendant of mine, to the descendants then living, per stirpes, of the Minor's nearest ancestor who was a descendant of mine with issue then living, or in default thereof or if the Minor was a child of mine (3) to my descendants then living, per stirpes. B. By distributing the property to a custodian under any state's version of the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act, including a custodian selected by my Executors. My Executors may select any age for termination of the custodianship permitted under the Act, giving due consideration to selecting age 25 if that is permitted. C. By distributing the property to anyone serving as executor under this Will to hold the same as donee of a power during minority, such donee to have all the powers of an executor under this Will (including the power to apply the property for the Minor) and to be compensated as if the property were a separate trust, but with no duty to account to any court periodically or otherwise. D. By distributing the property to a guardian of the Minor's property. E. By distributing the property to a parent of the Minor even if the parent does not assume any formal fiduciary capacity concerning the property. F. By distributing the property directly to the Minor if the Minor has attained the age of fourteen and has the practical capacity to own the type and amount of property in question. My Executors shall be free from any responsibility for the subsequent disposition of the property if it is distributed of in one of the ways specified in this Article. Article VII. Adopted & Non-marital Persons. A person adopted prior to attaining age 18 (but not after) by me or my wife or by a descendant of mine or my wife shall be treated under this Will as a descendant. A biological descendant of mine or my wife shall not be treated as a descendant if surrendered for adoption with the consent of hislher parent who is myself or a descendant of mine or my wife in such manner that an adoptive parent substitutes as parent for the consenting parent. A biological descendant of mine born out of wedlock shall not be treated as a descendant unless and until hislher biological parents marry one another prior to his or her attaining age 18. Under these rules, adoptions and marriages shall not affect prior distributions or other interests that have previously vested in possession, but they shall enable a person to receive distributions from or remainder or other interests in a trust still in existence. When a person is treated or is not treated as a descendant of mine or my wife under these rules, the same treatment shall apply to that person's descendants. To be treated or not treated as a descendant means to be treated or not treated as a descendant of me or my wife and of any intervening descendant of mine. Applicable law shall apply to adopted and non-marital persons to the extent not modified by these rules. Article VIII. Fiduciary Powers. My Executors may, without prior authority from any court, exercise all powers conferred by this Will or by law, including without limitation any Fiduciary Powers Act or other statute of Pennsylvania or any other jurisdiction whose law applies to this Will. My Executors shall have absolute discretion in exercising these powers. In order to fully effectuate the powers of the my Executors, specific reference is now made to Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. 101, et seq. Except as specifically limited by this Will, these powers shall extend to all property held by my Executors until the actual distribution of the property. The powers of my Executors shall include the following: A. Power in my Executors to pay my debts as soon as practicable in the course of the administration of my estate, and to pay my funeral and burial expenses without regard to any limits otherwise imposed by law on funeral and burial expenses. If under law my wife is primarily liable for my funeral or burial expenses or the expenses of my last illness I hereby relieve her of such liability and direct that payment be made from my estate. B. Power to payout of my general estate administration expenses incurred in connection with real or tangible personal property located outside of my domicile. C. Power to determine what property is covered by general descriptions contained in this Will. D. Power to make any election available under the tax laws in such manner as my Executors shall determine, even though an executor may have an interest affected by the election, except where an executor is prohibited from participating in the election by another provision of this Will. E. Power to retain any property originally owned by me, and/or to invest and reinvest in all forms of real and personal property, whether inside or outside the United States, including without limitation common trust funds of a corporate executor, mutual funds, partnerships (including a partnership in which an executor is a general or limited partner), and other forms of joint investment (which may but need not be managed by, advised by, or affiliated with an executor), without regard to any principle of law limiting delegation of investment responsibility by executors. F. Power to compromise claims or debts and to abandon or demolish any property which my Executors shall determine to be of little or no value. G. Power to sell property at public or private sale, for cash or upon credit, and to exchange property for other property, and to lease property for any period oftime, and to give options of any duration for sales, exchanges or leases. H. Power to join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary powers (including investment powers) in entering into the arrangement. I. Power to borrow from anyone, even if the lender is an executor under this Will, and to pledge property as security for repayment of the funds borrowed, including the establishment of a margin account. No executor shall be personally liable, and any such loan shall be payable only out of assets of my estate. J. Power without the consent of any beneficiary to distribute in cash or in kind, and to allocate specific assets in satisfaction of fractional shares or pecuniary sums among the beneficiaries (including any trust) in such proportions, not necessarily pro rata, as my Executors may determine, even though an executor has an interest affected by the distribution and even though different beneficiaries entitled to the same sum or share may thereby receive different mixes of assets, possibly with different income tax bases, so long as the fair market value of property on the date of distribution is used in determining the extent to which any distribution satisfies a sum or share. K. Power to apply to the use of any individual, any property, whether principal or income, that otherwise would or could be distributed directly to such individual. L. Power with respect to any real property (i) to partition, subdivide or improve such property and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of any real estate in which my estate has an interest and to impose or extinguish restrictions on any such real estate, (ii) to sell, exchange, lease for any period, mortgage, alter, or otherwise dispose of such property and to execute any instrument necessary to do that, and (iii) to charge to principal the net loss incurred in operating or carrying non-income producing real property. M. Power to permit any individual eligible to receive distributions of income from a trust to occupy any real property or cooperative apartment or use any tangible personal property forming part of the trust upon such terms as the Trustees shall deem proper, whether rent free or in consideration of the payment of taxes, insurance, maintenance and ordinary repairs, or otherwise. N. Power to employ a custodian, to hold property unregistered or in the name of a nominee (including the nominee of any bank, trust company, brokerage house or other institution employed as custodian), and to pay reasonable compensation to the custodian in addition to any fees otherwise payable to my Executors, notwithstanding any rule of law otherwise prohibiting such dual compensation. O. Power to make loans to, and to buy property from, the estate of my spouse or the trustee of any trust subject to any wealth transfer tax upon either of our deaths, regardless of the fact that one or more or all of the persons serving as executor hereunder are also serving as a selling or borrowing executor or trustee; provided that such loans shall be for adequate interest and shall be adequately secured and such purchases shall be for fair market value. P. Power to employ and to rely upon advice given by accountants, attorneys, investment bankers, and other expert advisers, and to employ agents, clerks and other employees, and to pay reasonable compensation to such advisors or employees in addition to fees otherwise payable to my Executors, notwithstanding any rule of law otherwise prohibiting such dual compensation. Q. Power if Dauphin Deposit Bank and Trust Company is unable to serve as executor in any jurisdiction, in the executor serving in that jurisdiction, to use Dauphin Deposit Bank and Trust Company as agent to perform any task that may lawfully be performed by such an agent in that jurisdiction, and to pay to Dauphin Deposit Bank and Trust Company such compensation for its services as agent as shall be agreed upon by such executor and it. R. Power to accept or to decline to accept additions whether made by me or from some other source. S. Power in the Trustees (excluding, however, any interested trustee) to allocate receipts and disbursements to income or principal in such manner as the Trustees (excluding, however, any interested trustee) shall determine, even though a particular allocation may be inconsistent with otherwise applicable state law. My Executors shall follow any direction by the Trustees of a trust (excluding, however, any interested trustee) with respect to allocations affecting property passing to that trust. T. Power in the Trustees (excluding, however, any interested trustee) to amortize in whole or in part the premium on securities received or purchased at a premium, or to treat as income the gross return from such securities. I anticipate (but I do not direct) that the Trustees will consider amortization when failure to amortize would result in a substantial impairment of principal. My Executors shall follow any direction given by the Trustees of a trust (excluding, however, any interested trustee) with respect to amortizations affecting property passing to that trust. U. Power to continue any business, incorporated or unincorporated, for any period, and to do anthing that I could have done regarding the business, including without limitation the power (i) to invest additional sums in the business whether or not such investment would otherwise be appropriate for fiduciaries and without regard to any duty to diversify investments (ii) to select directors, officers or other employees of the business, and an executor or an officer of a corporate executor or a beneficiary hereunder may act as such director, officer or employee and may receive compensation for doing so (iii) to pay from principal the cost of liability insurance for an executor or beneficiary acting as director (iv) to recapitalize, reorganize or liquidate the business (v) to redeem stock under Sec. 303 of the Code, and the proceeds of any such redemption shall be applied in a manner consistent with the requirements of Sec. 303(b )(3) (vi) to elect deferred payment of estate tax under Sec. 6166 of the Code and/or any corresponding provision of state law, and to charge interest on deferred tax to income or principal, and to consent to the creation of a special lien for deferred tax to be imposed on property of my estate even if the tax is imposed on property passing outside my estate (vii) to sell the business (including a sale to a co-owner even if the co-owner is an executor hereunder) without "testing the market" by solicitation of bids, relying instead on a qualified appraiser. My Executors may exercise these powers despite having individual interests in the business that might conflict with their interests as executor. Article IX. Accountings & Other Proceedings. A. I direct that my estate be subject to independent administration with as little court supervision as the law allows. My Executors shall not be required to render to any court annual or other periodic accounts, or any inventory, appraisal, or other returns or reports, whether required by statute or otherwise. My Executors shall take such action for the settlement or approval of accounts at such times and before such courts or without court proceedings as my Executors shall determine. My Executors shall pay the costs and expenses of any such action or proceeding, including but not limited to the compensation and expenses of attorneys and guardians, out of the property of my estate. B. I direct that in any proceeding relating to my estate service upon any person under a legal disability need not be made when another person not under a disability is a party to the proceeding and has the same interest as the person under the disability. The person under the disability shall nevertheless be bound by the results of the proceeding. The same rule shall apply to non-judicial settlements, releases, exonerations, and indemnities. Article X. Various Provisions Regarding Fiduciaries. A. Except to the extent specifically provided otherwise in this Will, references to my Executors shall, in their application to my estate, refer to all those from time to time acting as executors and if two or more executors are eligible to act on a given matter they shall act by majority. B. Individual executors shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the executor waives compensation, provided that my wife and descendants shall serve without compensation. A corporate executor shall be compensated by agreement with the individual executors or in the absence of such agreement in accordance with its fee schedule as in effect at the time of payment. I authorize a corporate executor to charge additional fees for services it provides to my estate that are not comprised within its duties as executor, for example a fee charged by a mutual fund it administers in which my estate invests, or a fee for providing an appraisal, or a fee for providing corporate finance or investment banking services. I also recognize that a corporate executor may charge separately for some services comprised within its duties as executor, for example a separate fee for investing cash balances or preparing tax returns. Such separate or "unbundled" charges shall not be treated as improper or excessive merely because they are added on to a basic fee in calculating total compensation for service as executor. Insurance proceeds and retirement benefits payable to my estate shall not be subject to executor's compensation. C. No executor shall be liable to anyone for anything done or not done by any other executor or by any beneficiary. D. The fact that an executor is active in the investment business shall not be deemed a conflict of interest, and purchases and sales of investments may be made through a corporate executor or through any firm of which a corporate or individual executor is a partner, shareholder, proprietor, associate, employee, owner, subsidiary, affiliate or the like, and property of my estate may be invested in individual securities, mutual funds, partnerships, private placements, or other forms of investment promoted, underwritten, managed, or advised by an executor or suchka firm. E. I authorize my Executors to employ and rely upon advice given by investment counsel, to delegate discretionary investment authority over investments to investment counsel, and to pay investment counsel reasonable compensation in addition to fees otherwise payable to my Executors, notwithstanding any rule of law otherwise prohibiting such dual compensation. I authorize my Executors to acquire and retain investments that present a higher degree of risk than would normally be authorized by the "prudent person" rule. I do not intend any type of investment, no matter how risky or speculative, to be absolutely prohibited, so long as prudent procedures are followed in selecting and retaining the investment and the investment constitutes a prudent percentage of the trust. My Executors may but need not favor retention of assets originally owned by me. My Executors shall not be under any duty to diversify investments regardless of any principle of law requiring diversification. My Executors may retain and acquire property that does not produce income, subject to any restrictions or qualifications of this power set forth elsewhere in this Will. F. The fact that an executor (or a firm of which an executor is a member or with which an executor is otherwise affiliated) renders legal or other professional services to my estate shall not be deemed a conflict of interest, and I authorize my Executors to pay fees for such services to such executor or firm without prior approval of any court or any beneficiary and whether or not there is a co-executor to approve such payment. I intend an attorney or other executor who also renders professional services to receive full compensation for both services as executor and the professional services rendered, except as specifically limited by law. G. I direct that the so-called rule against self-dealing shall not apply to an executor who is my wife or a descendant of mine. Except when prohibited by another provision of this Will, such an executor may enter into transactions on behalf of my estate in which that executor is personally interested so long as the terms of such transaction are fair to my estate. For example, such an executor may purchase property from my estate at its fair market value without court approval. H. Any executor may delegate to a co-executor any power held by the delegating executor, but only if the co-executor is authorized to exercise the power delegated. A delegation may be revocable, but while it is in effect the delegating executor shall have no responsibility concerning the exercise of the delegated power. Article XI. Alternate or Successor Fiduciaries. A. Any executor may resign at any time without court approval and whether or not a successor has been appointed. B. Each individual executor (including successors) shall have the right to appoint a successor individual executor by an instrument in writing, such appointment to take effect upon the death, resignation or incapacity of the appointing executor. An appointment may be changed or revoked until it takes effect. If I have named an alternate or alternates to the appointing executor in this Will, the appointment of a successor under this paragraph shall take effect only if and when those alternates fail to qualify or cease to act. C. The individuals (and any corporation) acting as my Executors may at any time acting unanimously by written instrument appoint an individual or a corporation with fiduciary powers as a co-executor. D. If the office of executor is vacant, and no successor takes office pursuant to any other provision of this Will, an individual or corporation with fiduciary powers may be appointed as executor by my wife if then living and competent, otherwise by a majority of my adult descendants then living and competent. E. An executor may be appointed pursuant to this Article for a limited purpose or to hold only specified powers. Article XII. Exoneration From Security. No executor shall be required to give bond or other security in any jurisdiction, and if despite this exoneration a bond is nevertheless required, no sureties shall be required. Article XIII. Miscellaneous. The following terms used in this Will shall be defined as follows: A. Whether an individual is a minor or an adult shall be determined under the laws of the individual's domicile at the time in question, except in cases when this Will has specifically defined "Minor" to mean a person under age 21. B. Except when I have specifically provided otherwise, any gift to an individual under this Article shall take effect only if the individual survives me, and no anti- lapse rule shall apply. C. A gift of property under this Article includes my rights under any related insurance policies or the proceeds of such policies. IN WITNESS WHEREOF, I have hereunto subscribed my name on thislq'~ay of ~luD((\.iJ.JV-:' 1995. L.S. Signed, sealed published and declared by JOHN E. FOX, JR., the testator above named, as and for his last will and testament, in our presence, and we in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses: " \1 1-.- J t\ ./l, > ~" ;, :, '", \ i ~ , ) ~ I .~, r ~~?; 000 E. Fox, Jr. <~ff tiC fl~AIIU YJk/?r h~VO ! I SELF -PROVING AFFIDAVIT (Contemporaneous) COMMONWEAL TH OF PENNSYLVANIA COUNTY OF iJauplu, ~ -' ) ) ss: ) " ( , j We, JOHN E. FOX, JR., t \ '/'00': t) lJ, . iI" , and ~;;<Aj1i)) !l~/j);J./ ,t.AJ./;'1(j;;tt1-tWI ' the testator and the witnesses, respectively, whose ames are subscribed 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 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 witness and that to the best of each such witness's knowledge the testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. ~~5', ~iz( 1"" JOHN E. FOX, JR. I \ ' . , ;'" .~,~.n,., (," 'f,. i/,. "l'I \ Witness :;A"}a, Ii~ kjAldv1";~l Wltness Subscribed, sworn to and acknowledged before me by JOHN E. FO~, .::JR,' ,'.lfh'e testator, and subscJ;ibed apd sworIl, to before me by L I, A" :iVtllU ,I,. , and ~J-tG LMlo!).)) ~C)lj,l'{/~/ , wltnesses, t'his ,-!2..iJ y...^-. day of .A.Ll~J.JJlJ'€'L , 19 if ~ .' (';'2-'1_/ NOTI~RIAL SEAL SHERYL L. SANDERS, Notary Public Harrisburg, PA Dauphin Coun Commission Exnirc:: Au , . 9 (1) FIRST CODICIL to WILL of JOHN E. FOX, JR. I, JOHN E. FOX, JR., presently a resident of the County of Cumberland, Pennsylvania, declare this to be a First Codicil to my Will of December 29, 1995. 1. The following paragraph is added to my said Will: I hereby name Ross Miner Chrisman, a son of my wife, as an additional Executor of my Estate, and, if ever he is unable or unwilling so to serve, or to continue so serving, Neil Chrisman III, a son of my wife, shall serve in Ross's place, and if ever neither of the said son's of my wife is ever unable or unwilling to serve, or to continue so serving, no successor shall be appointed to serve in their place. 2. In all other respects my Will of December 29, 1995, shall remain in full force and effect. I, JOHN E. FOX, JR., set my hand to this ~~~ewritten on two (2) sheets of , 1996. , ~f(" ~ ~. :JH E. FOX, 'JR. ../ ' On the day of , 1996, JOHN E. FOX, JR., declared to us, the undersigned, that the foregoing instrument was a First Codicil to his last Will, and he requested us to act as witnesses to the same and to his signature thereupon. He thereupon signed this said First Codicil to his last Will in our presence, we being present at the same time. We now, at his IN WITNESS WHEREOF, First Codicil to my last paper, this ~ day of -- '.\ L( \~,1 / ~l-O'5/l b D ') request, hereby subscribe our names as witnesses. Each of us further declares that he or she believes this testator to be of sound mind and memory. ~.~ WC#I~ residing at & 11l.u~JU~ fh PA ...l ~/, !a/ >tM ,!J1bJJiJ ~JW,iJttJ residing at residing at I COMMONWEALTH OF PENNSYLVANIA COUNTY OF JAv..ph; YI SS: '\ (i'" I ( (the testator), \-{~.~,; {)'...i)...l\-lA,' , . , and (the hose mes are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as a First Codicil to his last Will in the presence of the witnesses and that he had signed willingly, and that he executed it 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 will as witness and that to the best of his/her knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS QJ~ TESTATOR: ~-L ?-~i J N E. FOX, JR. Z; WITNESS: WITNESS: ;t/m;(2I/fJA;uli~It~~ Subscribed, sworn to and acknowledged JR.>, th~ t~sqator, and subscri ed and k" 1 I '\' , "j,,\....,'.' ~ - ",'_'-\Lt,-l'~ , 1996. JOHN E. me by , and , qfl-) I FOX, of T"V\\.\o..r"..:) day /J ' J:il ~<' '--t;G, 1!t:'-" _ , ~Notary Public (SEAL) Notarial Seal Antela M. Alonzo. Notary Public Harrisburg,. Dauphin County My Commission E~ires Oct. 26. 1996 - \, 0 C\: f. .+~ =,~~ ~OMIL TO WILL OF JOHN E. FOX, JR. I, John E. Fox, Jr" presently of Cumberland County, Pennsylvania, declare this to be a First Codicil to my Will of December 29, 1995. 1. I hereby insert the following Article III -1 : Article III-I. Specific Bequest of Tangible Personal Property. I bequeath the silver and the desk in the living room of my Camp Hill residence equally to Ross M. Chrisman and Neil Chrisman, III, the son's of my deceased wife, Katharine C. Fox. 2, In all other respects, my Will of December 29, 1995, shall remain in full force and effect. IN WITNESS WHEREOF, I, John E. Fox, Jr., set my hand to the First Codicil to my last Will, typewritten on two (2) sheets of paper, including the self-proving attestation clause and signature of witnesses, this 15th, day of August, 2001. 1 ./ f ~'-'~.' r! > .:..fn..1 (. ,~- If /( ( /, . John E. Fox Jf. Testator v (SEAL) Witnessed: '.1' ,.~ ,~(u ~"'''~ Ii' I.. ." -- : - , ~ residing at ., ''''<(''CC-'l.-( ,-!~;I"l'l .' (-. \'4 l <,w: I )/(;--,-.,.~ 2..<../ / 'd' . / /, ./_ '/.-/ resl lng at /:-/ t... / J) /), i:"" /0 rc..,~/ 'U / (.<- / ~ .~~ ~ 1 (J ~"., ~ ~ 1 \: 2(-D-;--/~()) - COMMONWEAL TH OF PENNSYL VANIA : ss: COUNTY OF DAUPHIN John E. Fox, Jr. (the testator), Stephanie Kleinfelter and Sue Mauery (the witnesses), whose names are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his First Codicil to his Will dated December 29, 1995, in the presence of the witnesses and that he had signed willingly, and that he executed it 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 his or her knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: TESTATOR: ) .y~ -~ - -- -I -'r _.~\ ^ . ..L. it ,,.{ ,. \, ;)-::::- --}-Z CLh J. John E. Fox, Jr. - WITNESS: .",,(,~ / ) ) 4-L-uL/b__ / , Subscribed, sworn to and acknowledged before me by John E. 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