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HomeMy WebLinkAbout02-08-06 PETITION FOR PROBATE and GRANT OF LETTERS Estate of also known as Linwood B. Phillips, Jr. No 21-06--6 / "J-,?- To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the e ecutor in the last will of the above decedent, dated March 3,2005 and codicil(s) dated November 17,2005 and December 5, 2005 named (state relevenat circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland with his last family or principal residence at 93 Encks Mill Rd, Dickinson Twp, Cumberland County (list street, number and municipality) Decedent, then 80 years of age, died Feb.2,2006 at Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: No Exceptions County, Pennsylvania, Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ unestimated $ $ $ Total: ~~~li~a~~d 0 0 ~.: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary ., (testamentary; administration c.t.a.; administration d,;~.n.c.t.a.): thereon. ) \' ~ f'::.-=,; UA'lH Ut' P~KSUNAL K~PKS~NIAnV~ COMMONWEA TLH OF PENNSYL VANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent titioner(s) will well and truly administ e est e according to law. ~ ,J~ Sworn to or affirmed and subscribed before me this day of February, 2006 . xjI V-7/ riA.. ~v1 //./ /S9'ntC~L1,// d jJc-1.- ("11l~"L/ <-/}1. ~/(O. / Register Estate of No. 21-06 - (,) \ 8)__ Linwood B. Phillips, Jr. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 20, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated_ March 3,2005 described therein be admitted to probate and filed of re~~r~ ~ the last will of Linwood B. Phillips, Jr. aJ,d L e,l.'cIIs ,01 or d- I) bS DO" and Letters Testamentary are hereby granted to Robert G. Frey ~J/l~/{~ ( ,J FEES Probate, Letters, Etc. $ 5/ &; D Short Certificates(lL;)' $ d () Renunciation Wi I ( $ 15 Clof)iLlj{~) 36 ,J C j?1 n 1/70 $ Total $ (5 Filed...Rb.y,0<.D/)~"""''''4 ~ C( V . Robert G. Frey #46397 ATTORNEY (Sup. Ct. J.D. No.) 5 South Hanover Street Carlisle, Pennsylvania 17013 ADDRESS (717) 243-5838 PHONE o l ~~~ ".1 {' G..... ....... .~,..... ~ Thi, is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Loc,tl Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~ WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 'fu- ~L~~=~ p 12269627 FFR !\ Date 7006 I ?~ a}-O ~,-O ~ No. '.~ -' c::;' H105.1~3 Rev, 01.Q6 TYPEIPRINT IN PEAMANEr<T B~CK INK 1 Name 01 Decedent (First. middle. Iasl) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATHlLENUM6ER 3. Social Securijy Nurrber 4. Dale 01 Dealh (Month, day, year) Feb. 2, 2006 5 Age (Lasl birthday) 80 y" 8b. County 01 Oeath Other: liei'll [J DOA 0 NUB Home 0 Residence 0 0U\ec. 9. Was Decedent of Hispanic Origin? 10. Race: American Indian. Black, While. ate H No 0 Yes (II yes, specify Cuban, (Specify) Mexican, Puelto Rican, etc.) White Cumberland Carlisle Bom. 11 Decedenl's Usual Ck:c atKln Kind of won.: done durin Jll)sl 01 work., life; do nol slate retired Kind 01 Work Kind of BusinessllnduSlry Real Estate Develo r Real Estate ... 16, Decedenfs Ma~ing Address (Slreel, cily~. state. zip code) 93 Encks Mill Road Carlisle, FA 17013 13 Decedent's EdlJC8lion E1emenlarylSecoOOary (0.12) 8 Q h' sl adec led College (1-4 or S+) 14 Marital S\alus: Married, Never married, W~oW<ld, D...,ced (~ Married 15, Surviving SpollSe (11 wife, give n\1K1en name) Did Decedenl Liveina Township? PA Cumber land 17c. If. Yes, Decedent Lived in 'WI> 17a. Slale 17d. 0 No, Oecedenllived within Ac\ual Limits 01 C1ly1Boro 17b. Counly 18. Falher's Name (Firs!. middle, Iasl) 19. Mother's Name (First, middle, maiden surname) Linwood B. Phillips 208. In!Qrm8nl's Name (Typelpfinl) Mary E. Much 2ftI. ln1mmant's Mai'ing Address (Street. city^own, slale, z~ code) Alice R. Phillips 93 Encks Mill Road, Carlisle, PA 17013 <:> ~ ~ en "'" :::; "'" 21b. Dale 01 Disposition (Month, day, year) 21c. Place 01 Disposnion (Name of cemetery, crematory Of oltIet I)laee) 210. ll)ca\j(m (Cityf\own, state, z~ code) o Donalkln o Rern:wal from Stale 2 2006 22b. license Nurroer Ma"rorial Gar s Carlisle FA CorrpIele nerl"6 23a-c ooly when certifying physl:il.n is not available alUme of dealh to cerlily c.ause of death - lIems 24-26 fI'l.lsl be co~leIed by person wnoProf1OUf1CeSdeafh. 24. Ttme of Dealh /: L,-O .1"'1 M CAUSI: OF DEATH (See instructions and exampfes) ftem 'D. Par11: Enter lhe ~ - diseases, Iljories, or COfl1)licalions - thai dir8ClJy caused the death. 00 NOT en~ \enllr,a\ fNen\s soch 8.scaldiac anest, ,.... .Iory aITes. I, or venlrl:Ular Ibrillalion wit.' hoI.It s~ the eliology. DO NOT Bbbr\.'I~. Enter on~ one ca n a line. IIMEDIATECAUSElr""dlsaa..o< ~ e..k -\e.c,..-\- '- L.~ cond":lfl fasullr10 In death) --;. B S<quontialyistOOndtMs,hny, b. Due"lo~'OE.~'~Q~(Q""~.,,- \ L~\ \ "')e.. ~ - ~,,~~ ~~:~V::C~U~' Due ~ (~c.,,~tt V\'\ e.ll_ L....- _ (dSease or ~!hat intialed the - events resuRino in dealh) LAST d Due to (or as 8\ seQuence T~ ..."'- 308. Ws.sanAuloPSY n. WeleAutopsy Finclings 31. MannerolDealh Performed? Available Prior 10 CorTlllelion ~ Q HomItide oICau5eoIDealh? DYes 0 Yes 0 No cidenl 0 Pending Irwes1igalion o Su"ir::ide 0 Coukl Not Be Determined : Approximate interval : onset to death Par1 II: Enter olher "ionificanl cond~ion" contrilutino 10 death, but not resulting in tM undertfing cause given in Pal11 28 Did Tobacco Use ConlIbute 10 Death? o Yes 0 Probably o No -9 Unknown 29. II Female: o Not pr81Jnanl within past year o Pregnanl atlirne 01 dealh o Nol pregnant, but pregnanl withi'142 days ofdeall\ o Not pregnant, but pregnanl43 days 10 1 year babe dealh CJ Unknown ~ pregnanl within the past year .32c. e of Injury: Home, Farm, SIreel, Factory, OlfK:e Bui~in9, etc. (Spedlll 32d. Time 01 inillfY .3~ ~8~ (S~~~j!';,ta~ s;;- f:H.-1.,7J: 10'7 . C4(-fLt....I S",;;; ,1'/1 ;70/) 328. Dale 01 Injury (Month, day, year) .3 . Describe how Injury Q:curred .........._...0 33d. Oale S\Qfled (Month, day, yeat) 2. -2--0~ M. t- Z W o w frl o u. o w ::0;; "'" z 33&. Certifief (Check only one) Cerlt'ylng physician (Physician certifying cause 01 dElath when another p~ t\e.s (lrooo\lncoo (\ea~h and COmpleted nem 23) To the best of my knowledge, death occurred due to the cause(s) and manner.s stated .N..N..._............. Pronouncing and cettlfylng physlci;ln (Physk:ian txllh pronouncioQ death and certifying to cause 01 dealh) To the best of my knowledge, de3th occurred at the time, date, and place, and due 10 lhe CIUse(S) and manner as staled..... Medical examlnerkoroner On the buls of QUmin;llon ilnd/or Investigation, in my opinion. death oceurred ilt the time, dOlte, and place, and due to the cause(sl and fl1iInner as stated .........0 isly.r'sSigna~~ IS ~~7e~ \ 36. 03te filed (Mor,\h. day, yeaf) \~ I,~ II I~I ( I'D I \'~~,S' qM~ (See instructions and examples on reverse) .w.,r/' 34. Name and Address of Person Who Co~leted Cause of Dealh (!lem 27) TYPeIP!inl T.Ak'f" lIo.shn-+~ V ,wp -2--"~ _..,~.......... J:/ ~/rfLl'fP/ c.tr /Z "'-I' $""'-':z PI't- /7v I :J LAST WILL AND TEST AMENT OF LINWOOD B. PHILLIPS, JR. I, LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks Mill Road, Carlisle, Pennsylvania 17013), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executor or Executrix to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that my funeral services be conducted by Ewing Brothers Funeral Home, 630 South Hanover Street, Carlisle, Pennsylvania in a manner substantially similar to the arrangements which I made for my wife Edna Lucille Phillips and that my body be interred beside her grave on my burial lot in Cumberland Valley Memorial Gardens located along Governor Ritner Highway near the Borough of Carlisle, Pennsylvania. I further direct that on Lot 8C-l the same shall be reserved for the burial of my wife, Alice Renee Phillips, her body to be located at the head of my body and a headstone placed there substantially the same as the headstone marker at my grave. 2. I direct that all inheritance, transfer, succession, estate and death taxes which may be payable on account of my death shall be payable from the assets which give rise to such taxes and charged to the person or persons receiving the assets. 3. I give, devise, and bequeath to my hereinafter Trustee, his successors and assigns, in trust, the maximum amount which will qualify for the unified credit for federal estate tax which is presently $1,000,000.00 and scheduled to reach $3,500,000.00, to be divided into equal shares for each of my four children who are LINDA L. STULL, LINWOOD B. PHILLIPS, III, MERLE R. PHILLIPS AND ALLEN W. PHILLIPS, provided each one so sharing shall survive me by a period of ninety (90) days, but should any of them fail to so survive me then the provision for such deceased child shall lapse unless such deceased child shall have legitimate issue as hereinafter defined who shall survive me by a period of ninety (90) days, in which case the provisions for the deceased child of mine shall be divided between or among such legitimate issue, per stirpes. The share allocated for each child of mine as above provided shall be invested by my hereinafter named Trustee and each child of mine shall receive from income and principal the sum of at least $12,000.00 per year or each child's share of the income, whichever shall be greater. If the amount allocated for each child of mine shall be invested in any mutual fund or funds, my Trustee is authorized and directed to allocate any ordinary income distributions and any capital gain distributions partly or wholly to principal or to distributable income as the Trustee shall deem best. Upon the death of the child of mine for whom the share has been allocated, any balance remaining in that child's share shall be paid to his or her legitimate issue as hereinafter defined who shall survive that child, per stirpes, and if there be no such legitimate issue as hereinafter defined, then the same shall be added to the shares of my other children. If one or more of the other shares have been distributed to the issue of that child for whom such share was held, then the amount which would have been added to such share shall be distributed to the then living legitimate issue as hereinafter defined of the child of mine whose share had been distributed. The meaning of "legitimate issue" as used above shall be limited to a child or children whether legitimate of not who were born to a female descendant of Testator, and shall be limited to a child or children born to a male descendant of Testator where the father of such child or children was married to the mother either before or after the birth of such child or children. In any case, the meaning of "child" or "children" or "legitimate issue" as used above shall not include any adopted child or children. No title in any Trust hereby created, or in the income accruing therefrom, or in its accumulation, shall vest in (illY beneficiary and no beneficiary shall have the right or power to transfer, assign, anticipate of encumber his or her interest in said Trust, or the income therefrom prior to the actual distrib!ltion thereof by the Trustees to such beneficiary. Further, neither the income nor the prinCipal of said Trust shall be liable in any manner, in the possession of the Trustees, for th~ deQts,'c.9Jtt!;~~ts {)r engagements of any of the beneficiaries. (\~. :,j ~ .. ~....I \.,} , Page 1 of4 Pages ~ /d d~5~ ~ .. 4. If at the time of my death I am married to Alice R. Phillips and if she survives me, I give, devise, and bequeath to my hereinafter named Trustee, his successors and assigns, in Trust, my residence at 93 Encks Mill Road in Dickinson Township in Cumberland County, Pennsylvania, together with its curtiledge and in addition the duplex dwelling house adjacent thereto, and a garden house and garage building but not the various farm buildings and acreage, together with the sum of $2,000,000.00, (Two Million Dollars) the income from which shall be used for the benefit of my wife, ALICE R. PHILLIPS, she to have the right to occupy the principal residence and the income to be used to pay real estate taxes and hazard insurance with appropriate limits of coverage, make all necessary repairs and maintain both the buildings and grounds, and the income in excess of that required for these purposes shall be paid at regular intervals, at least annually, to or for the benefit of my wife Alice R. Phillips. Upon the death of my wife, Alice R. Phillips, the assets of this Trust shall be retained by my hereinafter named Trustee, his successors and assigns, in Trust and the income and principal distributed as provided in the Trust established in paragraph no. 3 hereinabove. I direct my Executor to elect under Internal Revenue Code Section 2056 to qualify this Trust set forth in paragraph no. 4 above for the Federal Estate Tax marital deduction, limited, however to those assets which otherwise would qualify for the marital deduction if transferred to my wife, Alice R. Phillips and to elect to have this Trust treated as a qualified terminable interest Trust (QTIP). 5. All of the rest, residue and remainder of my Estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my hereinafter named Trustee, his successors and assigns, in Trust as a separate Trust to be held by him for the benefit of my four children as provided in paragraph no. 3 above, and the income and principal of this Trust shall be held and distributed in the same manner as provided in said paragraph number 3 above. Should the Trustee find it necessary or desirable to combine the assets of this Trust with the assets of the Trust provided in paragraph number 3 above if such combining is advantageous to the operation of the Trust and its beneficiaries. 6. Any share or portion of a share of any Trust created hereunder, or any other property of mine that is not disposed of under any other provision of this Will, shall go and be distributed to the persons who would constitute my heirs-at-Iaw had I died ninety (90) days after my actual date of death, intestate and unmarried. 7. If my wife and I should die under such circumstances that the order of our deaths cannot be established by proof, it shall be presumed that my wife survived me. 8. I hereby nominate, constitute and appoint my friend's son, ROBERT G. FREY as Executor of this my Last Will and Testament, but should he predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my daughter LINDA A. STULL as alternate or successor Executrix and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 9. I hereby nominate, constitute, and appoint my friend's son ROBERT G. FREY as Trustee of all the Trusts hereinbefore set forth. The compensation of said Trustee and of his successors, shall be limited to a total of one-half of 1 % of the value of the corpus of the Trust calculated annually as of December 31st of the immediately preceding year. In any year in which said Trustee declines or fails to accept compensation, the same shall be deemed waived and shall not be accumulated for payment in a future year. 10. In addition to the powers conferred by law, my hereinbefore named Executor and Trustee, and his successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. Page 2 of 4 Pages ~/;5-=P~ ~h "-I .l b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary paYments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of my estate or the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against my estate or the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. J. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. Page 3 of 4 Pages ~~z:~ /3~~ IN WITNESS WHEREOF, I hav~ h~r~u;}~o set nv ~;nd ~d _s~al to t~is my Last Will and Testament written on three (3) pages, thi\...1 LY'llay of I ntiJlCI)'~ 8fXJS ~~ /3/2f~-k (SEAL) Linwood B. Phillips, Jr. Signed, sealed, published, and declared by LINWOOD B. PHILLIPS, JR., the Testator above named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. 1;/JVfy{ :t 13 ~~ Page 4 of 4 Pages _n p.' C': r~ q "" \,.'-" FIRST CODICIL TO LAST WILL AND TESTAMENT OF LINWOOD B. PHILLIPS-,.lR;, \~, .', DATED MARCH 3,2005 I, LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks Mill Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish, and declare this as and for a First Codicil to my Last Will and Testament dated March 3, 2005. 4. I hereby revoke in its entirety paragraph number four (4) of said Last Will and Testament dated March 3, 2005, and substitute therefore the following: If at the time of my death I am married to Alice R. Phillips and if she survives me, I give devise and bequeath to my Trustee named in paragraph number eight (8) of said Last Will and Testament, his successors and assigns, whatever dwelling house and lot of ground (may have hereafter had constructed or acquired, it being my intention to have constructed a dwelling house on one of my lots located in the Subdivision known as Clarendon, in Dickinson Township, Cumberland County, Pennsylvania, which house and lot of ground shall be used for the benefit of my wife, Alice R. Phillips, she to have a life estate in the same so long as she shall live, and in addition, I give devise and bequeath to said Trustee the sum of $2,000,000.00 in trust, the income from which or 5% of the principal thereof as of December 31 st of the year preceding the year of distribution to her, whichever shall be larger, which shall be used for the benefit of my wife, Alice R. Phillips, so long as she shall live, she to have the right to occupy said house and lot of land and said income shall be used to pay real estate taxes and hazard insurance with appropriate limits of coverage, and for the making of all necessary repairs and maintenance of the buildings and land, and the income in excess of that required for these purposes shall be paid to her or for her benefit at regular intervals, at least annually. Upon the death of my wife Alice R. Phillips, the assets of this trust shall be retained by my said Trustee, his successors and assigns, in trust, and the income and principal distributed as provided in the trust established in paragraph number three (3) of my said Last Will and Testament dated March 3, 2005. In the event that I have not constructed a dwelling house on one of my lots in Clarendon, Dickinson Township, Cumberland County, Pennsylvania, then I direct my Executor to do so for use by my wife, or to acquire a suitable dwelling elsewhere in which she shall have a life estate, cost of which shall not exceed $300,000.00 if a new house is constructed or $350,000.00 if a house and lot are purchased, which shall be in addition to the $2,000,000.00 to be held in trust as above provided. I direct my Executor to elect under Internal Revenue Code Section 2056 to qualify this trust as set forth in this paragraph number four (4) above for the Federal Estate Tax Marital Deduction, limited, however, to those assets which otherwise would First Codicil to Last Will and Testament of Linwood B. Phillips, Jr, Page I of2 ~/S ~rr~ qualify for the marital deduction if transferred to my wife Alice R. Phillips and to elect to have this trust treated as a Qualified Terminable Interest Trust (QTIP). Except as hereinabove provided, I hereby ratify and affirm the provisions of my said Last Will and Testament dated March 3, 2005. IN WITNESS WHEREOF, I have hereunto set my hand and seal 2!f!tJ. First ~ast Will and Testament, dated March 3, ZOOS, on this I day of 'J-e/L/ ,2005. , A~~R~~_~ LINWOOD B. PHILLIPS, JR. (SEAL) Signed, sealed, published and declared by LINWOOD B. PHILLIPS, JR., the Testator above named, as and for a First Codicil to his Last Will and Testament dated March 3, 2005, in our presence, who in his presence, at his request, and in the presence of each other have hereunto subscribed our names as attesting witnesses. ?>~ (:: ~) .. "J 'I First Codicil to Last Will and Testamento! Linwood B. Phillips, Jr. . Page 2 of2 SECOND CODICIL TO LAST WILL AND TESTAMENT OF LINWOOD B. PHILLIPS. JR. DATED MARCH 3. 2005 I, LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks Mill Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish, and declare this as and for a Second Codicil to my Last Will and Testament dated March 3,2005. A. If at the time of my death I am married to Alice R. Phillips and if she survives me, until such time as she shall actually occupy the dwelling house contemplated to be acquired either by new construction or purchase of an existing house and lot of ground, etc., as provided in the First Codicil to my Last Will and Testament which Codicil is dated November 17,2005, I direct that Alice R. Phillips shall have the right to occupy my residence at 93 Eucks Mill Road in Dickinson Township, in Cumberland County, Pennsylvania, together with its curti lege and in addition the duplex dwelling house adjacent thereto, and a garden house and garage building, and garden area and pond located between said dwelling house and Encks Mill Road, but not the various farm buildings and acreage. During the time my wife Alice R. Phillips shall choose to occupy this property,. she shall be responsible for paying the real estate taxes and hazard insurance with the appropriate limits of coverage, make all necessary repairs, and maintain both the buildings and grounds, applying the income from the duplex dwelling houses and any other income generated by the premises to these expenses. All expenses in excess of that generated from said duplex dwelling house and any other income generated from the premises, shall be paid from the Trust fund provided for her as set forth in the First Codicil to my Last Will and Testament dated November 17,2005. It is my expectation that my said wife Alice R. Phillips shall choose to occupy the residence contemplated to be constructed or acquired as set forth in said First Codicil to my Last Will and Testament, and upon her choosing to do so, the right to occupy the property herein provided at 93 Encks Mill Road shall terminate. '" B. No title in any Trust created under any provision of my Last Will and Testament dated March 3, 2005 or in the First Codicil to said Last Will and Testament dated November 17, 2005, or in the within Second Codicil to said Last Will and Testament, or in any future Codicil to said Last Will and Testament, or in the income accruing therefrom, or in its accumulation, shall vest in any beneficiar.y and no beneficiary shall have the right or power to transfer, assign, anticipate or encumber his or her interest in such Trust or Trusts, or in the income therefrom prior to the actual distribution thereof by the Trustee or Trustees to such beneficiary. Furthermore, neither the income, nor the principal of any such Trust shall be liable in any manner, in the possession of the Trustee or Trustees, for the debts, contracts or engagements of any of the beneficiaries. C. Except as hereinabove provided, I hereby ratify and affirm the provisions of my said Last Will and Testament dated March 3, 2005, and the provisions of the First Codicil to my said Last Will and Testament dated November 17,2005. IN WITNESS WHEREOF, I have hereunto set my hand3.nd seal to this Second Codicil to my Last Will and Testament, dated March 3,2005, on this .b~ay of NO,C1l1btr, 2005. p~ - /7 /' G?~'~ ~ ....# <<( /-1 t::_~d~=>(~AL) LINWOOD B. PHILLIPS, JR. ?f--. Signed, sealed, published and declared by LINWOOD B. PHILLIPS, JR., the Testator above named, as and for a Second Codicil to his Last Will and Testament dated March 3,2005, in our presence, who in his presence, at his request, and in the presence of each other have hereunto subscribed our names as attesting witnesses. J1Jt~ 'T' kt- t/'[... ~ r ~R. REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Linwood B. Phillips. If. NO. 21-06----- () /;) ! Also known as .Deceased Kenneth L. Blosser. Sr (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that he was present and saw Linwood B. Phillips, Jr., the TESTATOR sign the same and that he signed as a witness at the request of Linewood B. Phillips, TEST A TOR in his presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). ;~~h Sworn to or affirmed and subscribed before --, ,...LJ me this I day of (. ___:~Ct7;. c;g ~ ~g;rtr- KENNETH L. BLOSSER, SR 93 Encks Mill Rd. Carlisle PA 17013 ,. .) I i Deputy I r__) NOTARIAL SEAl TRISHA A lIESS. NOTARY PUBLIC 8OROUGH OF CARLISLE. CUMBERLAND CO.. PA MY COMMISSION EXPIRES MAY 20.2000 c) REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Linwood B. Phillips. Jr. NO. 21-06 ~ () I'})- Also known as .Deceased Susan Henry (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she was present and saw Linwood B. Phillips, Jr., the TEST A TOR sign the same and that she signed as a witness at the request of Linewood B. Phillips, TEST A TaRin her presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirJed and subscribed before me this Li} day of ~.~h~ C / 6hc,- .v' 'I~J R o:_h. Deputy ,--. .. ) NOTARIAL SEAL TRI$HAA UESS. NOTARY PUBLIC BOROUGH OF CARLISLE. CUMBERLAND co. PA MY COMMISSION EXPIRES MAY 20, 2000 I _.r-o. ~', ':? r-. --.- REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Linwood B. Phillips. Jr. Also known as NO. 21-06 - 0 ( 'J-?-- .Deceased Susan Henry [lut . f.i. r,* ( .; J. u I t- c> rt..c. (each) a subscribing witness to the.\will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she was present and saw Linwood B. Phillips, Jr., the TEST A TOR sign the same and that she signed as a witness at the request of Linewood B. Phillips, TEST A TORin her presence and (in the presence of each other) (in the presence of the other subscribing witness( es)). Sworn to or affirmed and subscribed before . + "-J me this V of ~~~~,200 '.- J ~s he" . -Regisur Deputy NOTARIAL SEAL TRISHA A UESS. NOTARY PUBLIC BOROUGH OF CARLISLE, CUMBERLAND CG. PA MY COMMISSION EXPIRES MAY 20.2000 I c:: .,,':') c~ REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Linwood B. Phillips. Jr. NO. 21-06~O (;r r--- Also known as .Deceased ROBERT M. FREY (\.lr1-- ." t;~r L<'c!lc...J fo H...~ (each) a subscribing witness to th~will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that he was present and saw Linwood B. Phillips, Jr., the TESTATOR sign the same and that he signed as a witness at the request of Linewood B. Phillips, TESTATOR in his presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before , -J-IJ me this & day of ~b>UMJ4 ~. . N.sht..... A I ~ Register ~~- frI- '~~ ROBERT M. FREY 5 South Hanover Street. Carlisle PA Deputy r -""""'--~.. ;] NOTARIAL SEAl TRISHA fl. LlESS, NOTARY PUBLIC I ElOROUGH OF CARLISLE. CUMBERLAND ce'. p,;, L. MY COMMI~SION EXPIRES W\!.?O 2006 ... I ~ . '..,.-' "'l. ,~ \ \'~1 _", 8u:o " '.< (' '.. REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Linwood B. Phillips. Jr. NO. 21-06 - D \ d- J- Also known as .Deceased ROBERT M. FREY f'\i;t \UJs'<?((..~ (o~<..~l t., n-..~ (each) a subscribing witness to th<j...will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that he was present and saw Linwood B. Phillips, Jr., the TESTATOR sign the same and that he signed as a witness at the request of Linewood B. Phillips, TEST A TOR in his presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this if! t-L- day of ~{,IM~ /1 ' ~006 jJ. ~h~ ,0. :::;(i4!~ Register ,; L~ /n, /hI ROBERT M. FREY 5 South Hanover Street. Carlisle P A Deputy ~"'''.''''!'~~"",...~;s,;#''''';'';''.;.1.o::""""",'''''''.--'''~~~liiriIl" NOTAR~AL SFJ~l THlSHA 1\. UESS, "'.JC)r/\f~'t' PUbliC BOROUGH OF CAHUSLE. CUMBERLAND CO, 1"" MY COMMISSION EXPIRES MAY 20, 20UfI - \ , l.,i SJ :_, . ^ REGISTER OF WILLS OF CUMBERLAND COUNTY OA TH OF SUBSCRIBING WITNESS 1- Susan R. Henry CLtr J ',. \. t'- ~<Ca, C.OdAL, to "":z (each) a subscribing witness to the^will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that they were present and saw Linwood B. Phillips, Jr., the testator, sign the same and that they signed as a witness at the request of testator in his presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before ~: 91 c-Z~ . Register NOTARIAL SEAL TRISHA A llESS. NOTARY PUBLIC BOROUGH OF CARLISLE. CUMBERLAND cO P MY COMMISSION EXPIRES MAY 20,2006" A 2/-otc-orJ-? r '~__l .) ...J' ! , "