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HomeMy WebLinkAbout03-07-06 CHARLES W. RUBENDALL II 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. LONG YEAR JOHN A. FEICHTEL DONALD M. LEWISm STEPHANIE KLEINFELTER ERIC R. AUGUSTINE KEEFER WOOD ALLEN & RAHAL, LLP ATTORNEYS AT LAW 415 FALLOWFIELD ROAD, SUITE 301 CAMP HILL, PA 17011-4906 ESTABLISHED IN 1878 PHONE 717-612-5800 FAX 717-612-5805 OF COUNSEL: HEATH L. ALLEN N. DAVID RAHAL SAMUEL C. HARRY EIN No. 23-0716135 www.keeferwood.com HARRISBURG OFFICE: 210 WALNUT STREET HARRISBURG, PA 17101 PHONE 717-255-8000 901-7786 255-8037 skleinfelter@keeferwood.com Fax: 612-5805 March 6,2006 Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 He: Estatetrrust of John E. Fox, Jr. File No. 1005-2005 Dear Glenda: Please file the enclosed Disclaimer of Lida S. Gerhardt, and date stamp and return the enclosed copy thereof for my records. I have enclosed a $5.00 check in payment of your services and self-addressed st.amped envelope for your convenience. Thank in advance for your assistance in this matter. Sincerely, KEEFER WOOD ALLEN & RAHAL, LLP '\ ~ By ~~*-J L~1At Stepbanie Kleinfelter SK/krh Enclosures cc Mrs. Sue Mauery, Vice Preident M&T Investment Group, Co-Executor/Co- Trustee (w/encls.) Mr. Ross Chrisman, Co-Executor/Co-Trustee (w/encls.) . . IN THE MATTER OF THE ESTATE OF JOHN E. FOX, THE JOHN E. FOX FAMilY TRUST UtA DATED DECEMBER 29, 1995, AS THEREAFTER AMENDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 1005 of 2005 DISCLAIMER OF LlDA S. GERHARDT At ~~. -<, / THIS INSTRUMENT, made this 2tl- day of fe/~?1, 2006, by Eliza F. Gerhaidt (the '.D'scla:r1er'~). WI T N E SSE T H: THE CIRCUMSTANCES leading up to the execution of this Disclaimer are as follows: WHEREAS, John E. Fox, Jr. (the "Decedent") established the John E. Fox, Jr. Family Trust (the "Family Trust") by that certain Revocable Agreement of Trust Dated December 29, 1995, as thereafter amended (the "Trust Agreement"). WHEREAS, under Article IX of the Trust Agreement, upon the death of the second to die of the Decedent and his wife, the Trustee is directed to pay the sum of fifty thousand dollars ($50,000) to the Decedent's sister, Lida S. Gerhardt (of Baltimore, Marlyand). If Lida S. Gerhardt is not then living, the Trustee is directed to pay the funds to her issue, per stirpes. WHEREAS, the Decedent's wife, Katharine C. Fox, died on June 8, 2001. WHEREAS, the Decedent died testate on Octoher 24,2005, a domiciliary ef Cumberland County, Pennsylvania. WHEREAS, Eliza F. Gerhardt is the Decedent's sister, residing in Baltimore, Maryland. WHEREAS, Eliza F. Gerhardt is also known as Lida F. Gerhardt. WHEREAS, Article IX of the Trust Agreement erroneously identifies Lida F. Gerhardt as Lida S. Gerhardt. Nevertheless, Eliza F. Gerhardt, Lida F. Gerhardt and Lida S. Gerhardt are one and the same person. ! . . , -1- ~ WHEREAS, Eliza F. Gerhardt (the "Disclaimant") has not received (directly or indirectly) any distributions from the Family Trust. WHEREAS, the Disclaimant desires to disclaim and renounce, absolutely and forever, the above described fifty thousand dollar ($50,000) interest in the Family Trust (the "Disclaimed Property"), so that the Disclaimed Property will pass by default to her issue, per stirpes. WHEREAS, the Disclaimant has not (and will not) receive any property or services in exchange for making this Disclaimer. NOW THEREFORE, in consideration of the foregoing, intending to be legally bound the Disclaimant hereby disclaims any and all interest in the Disclaimed Property. IN WITNESS WHEREOF, and intending that this Instrument of Disclaimer shall be delivered to counsel for the Trustees of the Family Trust and filed of record in the Office of the Register of Wills of Cumberland County, Pennsylvania, the Disclaimant has set her hand and seal to this Instrument on the date set forth above. e / :J e" ~ (?x~ve:~dI- Eliza F. Ge, ardt, a/k/a L}da F. Gerhardt, and erroneousl identified as' Lida S. Gerhardt under Article IX of the Trust Agreement STATE OF MARYLAND COUNTY OF J1LL)r,1 m ore On this 1$1h day of e , 2006, before me, the undersigned officer, personally appeared Eliza F. Gerhard known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Instrument, and acknowledged that she executed the same, in the capacity indicated, as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have h -2- &Xflre,s nji'6jo'/