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Home My WebLink About07-03-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumber~~ rv~ COUNTY, PENNSYLVANIA Estate of /~ a I~TL Z ~ ~~r~ t ~'1 also known as Deceased File Number r~ ~ ~ ~l ~ ~ Lf 1 ~~ Social Security Number t ~ -" ~ y ~ ~ ~' ~% z Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COt>'IPLETE 'A' or 'B' BELOW:) ~A. Probate and Grant of Letters Testamentary and aver that Petitioners} is !are the ..,, Warned in the last Will of the Decedent dated! ~ /!,~ 1-GG and codicil(s) dated ~ r-~ - .; k ~~ .1_3 (State relevmtt circumstances, e.g., renunciation, depth of executor, etc.) `'~ f~" ~ '-_.-i s_ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after executio~ ~istrum~(s) of~'erec~_~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person:- ~ ~ - f ^ B. Grant of Letters of Administration ~ t,~ ' t `'"' (lfnpplicab/e, enter.• c.t.a.; d.b.n.c.t.a.; pendente tire; durante absentia, dirrante ntiitoritate) N Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heir's: (If Administration, c. t. a. ord. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in ~u dt ~"~ L r j u w<~1 Cotmtyy, Pennsylvania with his (her last principal residence at !'7~t A) /~lractr~,r. ~1r~,~1_. YVlr•c~hnntr_5hur~ F'A I "7e~5 (List sn-eet address, townfcity, township, county, state, zip code) Decedent, then `~i~ years of age, died on.~Une2.S Z('C>~ at )7~~ l~ar`1-~'r)'t~~QcttGu;'In/t~ . ~~r'clkinac~-tl+z~ ~~ l 7t~-5~ Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (lf not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Val rte of real estate in Pennsylvania ~~ $ ! , (; u ~~ situated as follows: ~ ~ ~ J_ c' ~ ~' -'rv~ 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 [o the undersigned: Si~nauire Typed or printed name and residence ~ J iL~i ~ ><i ~=~4~ /t't ~'c harlresGclt2t ,_ P_H_~-7ua;~" Fa~m RW-U? rev. !0.13.06 Pabe I of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for dais certificate. $6_(10 P ~~J~36C~~ Certification Number This is to certify that t41e information here given is con~ectly coded fi-om alr original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~rv u--rF. ~ 6 ~+ J Local Registrar Date Issued n~ C'~ c~ `~ C m -'_ , _ ' ~ ~ ~ r" iY,-, ,_-~~ ~~ts'I t s~ ? ; •n ~~pp W -~ =- '~' ~ T c.`` ~ > t~~~ ~ _. i-) -.T~ ~ Z ' `W ~?~~ ~ ' ~ S3 -t .... r° . , ~ _ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH ~~ (See instructions and examples on reverse) STATE FILE NUMBER H1Jili3 REV It?006 T1PE ~ PRUVT IN FEFAIANENi BLACK INK 1 1 Name d Decedent (Fuss, mbdle, usl, sotto) 2. Sex 3. Social Security Nranber 4. Date d Death (Month, day, year) Iaee ~~~ Female 173 - 24 - 8663 June 23, 2008 5 Age (Lass &nJWay) Under 1 year Under 1 day 6. Date of Binh (Mono, day, year) 7. Blnlp4xe (C and state or for country) 6a. Place W Deann ICheG ony one) uusuu 0avs Hwrs Mnu+as Hospital'. ONrer. 80 vr5 June 6 1928 Pi ttsbur h PA ^npa0enl ^ER/oalpaeenl ^DOA ^NarSirgHOme [~Hesa7enca dahar.spacly BD. County d Dean & Cily. B«o, Twp W Death Bd. Facility Name (11 nIN mStilNlon. gi ve sVeel orb number) 9. Was Decetlenl of Hispanic Onyn1 ($ No ~ Yes 10. Race. Amencan hNan. Blade, Whle, ek. pf yes. specify Cuban, 1SVedM Cumberland Upper Allen rItap, 1781 North Meadow Drive Mexican,PuenaRicanel=) White tt Decedents Usual Oct Iron Kind of work done Burn most d work life. Do not slate caned 12. Was Decedam aver'n the 13 Decaanl's Educatim (Sperry only hignesl grade completed) 14. Marital Status'. Married Never Manreq 15. Surnnng Spouse III wife, glue marden name) Kind of Work Kintl d Business! IMuslry U.S Armed Forces? Elementary /Secondary (0~ 12) College (1 ~4 or 5.) Widowed, Dnorced ISpecrM Smith d Francis B i 2 M kph Own tlotne ^Ya5 ~Np . arr e 16 Decedents Markng Address (Street, Wy I bum, slate, zip code) Decedent's P l ~ afire rfn ~ z.-, r Al ten ennsylvania Uve n a 17c Oecedem Lwed m 1zFs~ TWp. u Yes 1781 N . Meadow Drive . . ate Actual Residence 17a. S T°w"a"p' Mechanicsburg, PA 17055 ub county „a O rb, D«aoam Lwao wlnm Ctumberland AnuefLmuw cAy/Bqo I6 Fanerb Name IFusl, nWde Ws1. wttixl 19. Mother's Name IFirst middle. maiden surname) Rat h Hassan lu Parrish 20a. inl«ne«'S Name (Typo (Pmt) 2~. Inl«nam's Mailing Ad&ess ISIraeL nry! town, stale, zp code) PA 17055 Meadow Drive Mechanicsburg 1781 N Nadine Smith , . 21 a Melncd d Dlsposihon ®Gemalkn ^ Donazwn 21b. Date W D'LSpontion (Hoorn, day, year) 21c. Place of Dispos9ron (Name d cemetery, cremabry «oner place) 21d. Locmwn (Coy 1 town. state, up code) ^ Burial ^ HemovallromState w.a cr ~E~~~ ~ic« :in°`1xs° 24 J 2008 Rollin er Cremato rY t.Holly Springs, PA ~ c rt YeaONC anar spar cry br C~ une 9 2za Sgnaaae IServ anngassuchl z2D licenseN«Mar 2xcNameanoAdaaa:dFacikrv 8 Market Plaza Way . ~ FD - 48 9 Mal zzi Funeral Home Mechanicsbu PA 17055 Complete 9' aA cenAy 23a. To Us t y k , dean oxurr at ne li and (Signar«a and 191 23b. License Number 23c Date Sigred (Mann. day, year) plryaiCian i5 rot avaea0 al lime d dea o ~ ~ 1 1 ~ ~ ~1 " rnNty cause d death. VVV 1 xa~ 2/. 7 ra of Daatn 25. n, day, yea)) 26. Was Case Fiefertad b McMCaI Examiner 7 C«oner br a Reason Other Hart Csema DonaDOn7 uems 2126 muss ba competed oy person ~ 1 ^Yas [~No who prgroux:es dealn a M. z; ~O - CAUSE OF DEATH (Sae Instruetiona end exampbs) I 0.pploximale Interval: Pan II: EWer aver SigUIBS2jgXppldt Ix,t m b dean. 28. Db idracco Use Cmeilwre b Oeam? Ilc+n 21 Part I Enlur Ina ~y19E@(myY - drseasas, irqunes, of compli[alrons -Ina) tiredly Gused the death. DO NOT enter terminal eve nb sucn as cardiac arlesl, Onx1 to Deatn tml not resu9irg n Ilre wldarlyrng Uusa given In Pall I. ~ Yes ~ Probably resµralory arrest. « venkicuWr EbWlakon wdwul showmg eta eta9ogy 1151 only one Cause on each Nrre. ~ No ~ Unknown WYEDIATE CAUSE f met W5ea5e q corrrf9xb resdllrgn~eanl a ~r C~ Q ~~ ft~l C. •~~ h~ ~ A ~n ~n ~du L .^~r ~ re ~.v 29. 9 Female'. ear e n' cd w9hn st t4d 6G _~, Due b (or as a consequence d): Sequemu9)) 4sl cauatwra. it any. p (~+~ ^ h ~ ~~ ~ pr g a Pa y [] PnryySnt ar rrme W clean . le~~rq b P se L51M on Yoe a. Due t0 (or as a wnsegUence ot)_ Enltr dre UNDERLYING CAUSE r ^ No1 preynanl. DUI pregnant wnnin 42 nets r>f uaath Igxvsa w mryry Ina) iniaaied Ina ~ I events resuLny n ceatn) LAST. r -- year t. ~ ~ u ~' Dul yn~yrrwd 43 da}5lu Due b {q as a conseeN+atrcO v1)'. r ~ urarrown A pragranl wAlun dw peal year d. _ 3da Was an Autopsy 300 Were Autopsy Fmdngs 31. Manner of Death 32a Dale W Itljury (Moo)n. day, year) 32b. DesenDe Now Iryury 0«urfM 32c Pace d Injury: Home. Fazm. Skeet Factory, Ollke BuAdng. ek (Specrryl Pencmaa? Avatlable Prior to Con~pktwn d D n? w C QQ Nawral ~] tuuncroa ause ea [] Ac~idem [] Perdmg Invusuyaoon 32d. tone W Injury 32e. Injury al Work? 321. If Transpuna0on Injury (Specrly) 32g. LoCabUn UI Iryury FSlreei, coy r lows stale) Yas ~ No [~ Yes ~] No ^ Yes ^ ~ ~ Urrver /Operator t] FaswncW'r QPedeSllian Suirirle []Gould Nal Ue Determined M ]Other ~ Specrly 33a CeNl~sr ICheck ay one) Tale d GerlArar 330 Sgnaku (~ I D • Cfdrlyng phYHGlan (Pnyswwn CeNtyxry Cause ut Sea1r 1 ~ other pl y r p aneu 'J de"Ili antl Cnr yMLIEtl I e 1231 to Ua ca se(s)arW nwnce ta1e0 d du l d ls at f k e - - --------- LU ~ 1 ~ ~ ~ ) . Q /1 ~ 1` ~ ~~ •~ / (%~.~ /`^'•' ~1 _ ----------- now ge ea one e To die Desl o my c Ah t M ' ---- - - 33u litensa Number 's'10. Doe Sgrmd IMnnm ddY. Year) l ,i try 1l0= • Pronouamg and wndyN9 pnYskun (Physx: ar path y w ly Heart a] Ta the Desr al mY Mnowkdge, deals atoned al Ina Ilme, dale, and pWce, and due to the causels) ant manner as slated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [ ~ 0 3 3 ~- fr 6 ~ ~ 6 2 s _ ~ z ~ s • Ikdi a1 E ' krer i Cor Oa the De s d eumnalion Md 1 or InveaUgatwn In my upunon. deals acmred ar the lone dale. end place end due to the cauaela) and manner ae suled_ [-~ 3q Nor re ar d Audnss of Pers« Who Completed Cause of Ueal lam 111 Ype ~ Pnm Nr ~ ~q~~L rte ~ 1 - day Vaar) 3fi D'ele F led IMor In 6 I k~ .fk1p,1 S 9 t nano Ur>Vr~1 Nurr 7s Reg~> ~ l~l , . ~ ;zo.r~s ~ ' ~" 2 -J 2 I P L C /~ ~ 7 M kl i~ L /<~ l u l l ,~, . \ Q V UnPOSn.un Pprmn Nu 17,~ZxZl~3 7~ _ r ' ~-- l.~ f ~ F= LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, MARYLEE residing in Mechanicsburg, Cumberland County, Commonwealth of Pennsyl health and of sound and disposing memory do hereby make, declare and ~~ ~. ._, 0 ~~~ ~- ~ -rY r-r-i z-, ~~ ~g ir~oodcj~ c"7 t as my i ast ~ ; -`-- ;_ ,. , , , r-- Will and Testament, hereby revoking all former Wills and Codicils heretofore m~d'de by me.`~~' ~ ~ f ~-~~` FIRST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration and claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to such of my daughters, ELLEN F. SMITH NEBRE, JANICE L. Le CLAINCHE and NADINE ANN GRAVER, as are living on the thirty-first day after my death, to be divided among them by my Executor with due regard for their personal preferences in as nearly equal shares as possible. THIRD: No provision is made in this Will for my husband, FRANCIS B. SMITH, not because of any lack of affection for him. FOURTH: RESIDUE Section 1. Creation of Separate Shares I devise and bequeath the residue of my estate of every nature and wherever situate, to the Trustees hereinafter named, to be divided into a separate trust share for each of my following named beneficiaries as follows: Beneficiary Relationship Share ELLEN F. SMITH NEBRE Daughter 1/3 JANICE L. LeCLAINCHE Daughter 1/3 NADINE ANN GRAVER Daughter 1/3 /~ 1 ~.Pi 1 /J My Trustee shall create a trust share for each beneficiary named above ("Beneficiary"), whether living or deceased. The trust share for each living Beneficiary shall be distributed as provided in Section 2 of this Article. The trust share for each deceased Beneficiary shall be distributed to her descendants as provided in Section 3 of this Article. Section 2. Distribution of Trust Shares for My Beneficiaries a. Distribution of Trust Share for ELLEN F. SMITH NEBRE The trust share for ELLEN F. SMITH NEBRE shall be held in trust and administered and distributed as follows: (1.) Distribution of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, ELLEN F. SMITH NEBRE as much of the net income from her trust share as my Trustee deems advisable for her health, education and maintenance. Any net income not distributed shall be added to principal and held under the provisions that follow. (2.) Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, ELLEN F. SMITH NEBRE as much of the principal of her trust share as my Trustee deems advisable for her health, education and maintenance. (3.) Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to ELLEN F. SMITH NEBRE it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to ELLEN F. SMITH NEBRE for: The purchase of a residence. ~~ ~~i.. 2 The purchase, establishment or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in her best interest. In making discretionary distributions to ELLEN F. SMITH NEBRE, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to her, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of ELLEN F. SMITH NEBRE prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to ELLEN F. SMITH NEBRE, remind her of the long-term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to ELLEN F. SMITH NEBRE, remind her of any long-term advantages of retaining assets in her trust share. When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my beneficiaries. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, the letter which is last dated shall control as to those provisions which are in conflict. (4.) Distribution on the Death of ELLEN F. SMITH NEBRE If ELLEN F. SMITH NEBRE should die before the complete distribution of her trust share, the trust shall terminate and all of the trust property shall be divided into separate shares for my daughters, JANICE L. LeCLAINCHE and NADINE ANN GRAVER, and such shares shall be added to the trusts created for my daughters under this Article FOURTH. b. Distribution of Trust Share for JANICE I,. LeCLAINCHE The trust share for JANICE L. LeCLAINCHE shall be held in trust and administered and distributed as follows: (1.) Distribution of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, JANICE L. LeCLAINCHE as much of the net income from her trust share as my Trustee deems advisable for her health, education and maintenance. Any net income not distributed shall be added to principal and held under the provisions that follow. (2.) Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, JANICE L. LeCLAINCHE as much of the principal of her trust share as my Trustee deems advisable for her health, education and maintenance. (3.) Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to JANICE L. LeCLAINCHE it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to JANICE L. LeCLAINCHE for: The purchase of a residence. The purchase, establishment or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in her best interest. In making discretionary distributions to JANICE I,. LeCLAINCHE, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to her, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of JANICE L. LeCLAINCHE prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to JANICE L. LeCLAINCHE, remind her of the long-term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to JANICE L. LeCLAINCHE, remind her of any long-term advantages of retaining assets in her trust share. When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my beneficiaries. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, the letter which is last dated shall control as to those provisions which are in conflict. (4.) Distribution on the Death of JANICE L. LeCLAINCHE If JANICE L. LeCLAINCHE should die before the complete distribution of her trust share, the trust shall terminate and all of the trust property shall be distributed to her descendants as provided in Section 3 of this Article FOURTH. If JANICE L. LeCLAINCHE has no then living descendants, my Trustee shall divide the remaining trust property into separate shares for my daughters, ELLEN F. SMITH NEBRE and NADINE ANN GRAVER, and such shares shall be added to the trusts created for my daughters under this Article FOURTH. c. Distribution of Trust Share for NADINE ANN GRAVER The trust share for NADINE ANN GRAVER shall be held in trust and administered and distributed as follows: (1.) Distribution of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, NADINE ANN GRAVER as much of the net income from her trust share as my Trustee deems advisable for her health, education and maintenance. ~, Any net income not distributed shall be added to principal and held under the provisions that follow. (2.) Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, NADINE ANN GRAVER as much of the principal of her trust share as my Trustee deems advisable for her health, education and maintenance. (3.) Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to NADINE ANN GRAVER it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to NADINE ANN GRAVER for: The purchase of a residence. The purchase, establishment or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in her best interest. In making discretionary distributions to NADINE ANN GRAVER, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to her, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of NADINE ANN GRAVER prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to NADINE ANN GRAVER, remind her of the long-term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to NADINE ANN GRAVER, remind her of any long-term advantages of retaining assets in her trust share. ,. '~~ ~2i -z,. ~ ~ vL-L- - ' l.~L~ 6 When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my beneficiaries. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, the letter which is last dated shall control as to those provisions which are in conflict. (4.} Distribution on the Death of NADINE ANN GRAVER If NADINE ANN GRAVER should die before the complete distribution of her trust share, the trust shall terminate and all of the trust property shall be distributed to her descendants as provided in Section 3 of this Article FOURTH. If NADINE ANN GRAVER has no then living descendants, my Trustee shall divide the remaining trust property into separate shares for my daughters, ELLEN F. SMITH NEBRE and. JANICE L. LeCLAINCHE, and such shares shall be added to the trusts created for my daughters under this Article FOURTH. Section 3. Share of a Descendant of a Deceased Beneficiary Each share set aside for a deceased beneficiary, if any, who has then living descendants shall be divided, administered and distributed as follows: a. Division into Separate Shares The share set aside for a deceased beneficiary shall be divided into as many shares as shall be necessary to create one equal share for each of the deceased beneficiary's descendants, per stirpes. b. Distribution of Descendants' Share If any descendant of my deceased beneficiary is over 25 years of age and is not legally disabled or incapacitated, my Trustee shall administer that descendant's share according to the terms of Section 4 below. c. Retention of a Minor's or Disabled Descendant's Share in Trust If any descendant of a deceased beneficiary is under 25 years of age, or if any descendant of a deceased beneficiary is legally disabled or incapacitated, then my Trustee shall retain such share in trust under the provisions of this Article. If the disability or incapacity ceases, and if the descendant of a deceased beneficiary is over 25 years of age, then my Trustee shall administer that descendant's share according to the terms of Section 4 below. Section 4. Retention of Distributions in Trust The trust share of any person not specifically named in Section 2, shall be administered as a separate trust for that person under the terms and conditions of this Section. Also, whenever a total or partial distribution of trust principal is authorized or required to be made outright and free of trust by a provision of this Article (or any subsequent Article of my trust) to any beneficiary, my Trustee shall have the power, in its sole and absolute discretion, to retain such distribution in trust, to be held and administered as follows: a. Distribution of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of the beneficiary as much of the net income from his or her trust share as my Trustee deems advisable for the beneficiary's health, education and maintenance. Any net income not distributed shall be added to the principal of the beneficiary's trust share. b. Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of the beneficiary as much of the principal of the beneficiary trust share as my Trustee deems advisable for the beneficiary's health, education and maintenance. A Beneficiary's General Testamentary Power of Appointment The beneficiary shall have the unlimited and unrestricted general testamentary power to appoint the entire principal and any accrued and undistributed net income of the trust share as it exists at the beneficiary's death. The beneficiary shall exercise this general power of appointment by a valid last will and testament, a valid living trust agreement, or any other notarized written instrument signed by the beneficiary. In exercising this general power of appointment, the beneficiary shall specifically refer to this power. L The beneficiary shall have the sole and exclusive right to exercise the general power of appointment. This general power of appointment specifically grants to the beneficiary the right to appoint property to his or her own estate. It also specifically grants to the beneficiary, the right to appoint the property among persons, corporations or other entities in equal or unequal proportions, and on such terms and conditions, whether outright or in trust, as he or she may elect. Any property in the trust share which is not distributed pursuant to the exercise of the general power of appointment shall be distributed to the beneficiary's then living descendants, per stirpes. If the beneficiary has no then living descendants, my Trustee shall distribute the balance of the trust property to my then living descendants, per stirpes. FIFTH: TRUSTEES Section 1. The Resignation of a Trustee Any Trustee may resign by giving thirty days' written notice to my legal representative. The notice shall be delivered to the Trustee, if any, and to all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income from any trust created under this agreement. If a beneficiary is a minor or is legally incapacitated, the notice shall be delivered to that beneficiary's guardian or other legal representative. Section 2. The Removal of a Trustee Any Trustee may be removed as follows: a. Removal by~My Other Beneficiaries After my death a majority of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income under any Trust created by my Will may remove any Trustee. b. Notice of Removal None of my beneficiaries need give any Trustee being removed any reason, cause or ground for such removal. Notice of removal shall be effective when made in writing by either: c% Personally delivering notice to the Trustee and securing a written receipt, or Mailing notice in the United States mail to the last known address of the Trustee by certified mail, return receipt requested. Section 3. Replacement of Trustees a. Separate Trusts for My Beneficiaries The Trustees for the Trust shares created under Article FOURTH of my Will shall be as follows: The Trustees for the trust share for ELLEN F. SMITH NEBRE under Article Fourth, Section 2.a shall be ELLEN F. SMITH NEBREE and NADINE ANN GRAVER as Co-Trustees. If either Trustee is unwilling or unable to serve as Co- Trustee, or if she cannot continue to serve for any other reason, then JANICE L. LeCLAINCHE shall be named as successor Co-Trustee. The Trustees for the Trust Share for JANICE L. I,eCLAINCHE under Article FOURTH, Section 2.b shall be JANICE L. LeCLAINCHE and ELLEN F. SMITH NEBRE as Co-Trustees. If either Trustee is unwilling or unable to serve as Co-Trustee, if she cannot continue to serve for any other reason, then NADINE ANN GRAVER shall be named as successor Co-'Tustee. The Trustees for the Trust Share for NADINE ANN GRAVER under Article FOURTH, Section 2.c shall be NADINE ANN CIZAVER and ELLEN F. SMITH NEBRE as Co-Trustees. If either Trustee is unwilling or unable to serve as Co- Trustee, if she cannot continue to serve for any other reason, then JANICE L. LeCLAINCHE shall be named as successor Co-Trustee b. Unfilled Trusteeship In the event no named Trustees are available, a majority of the beneficiaries then eligible to receive distributions of net income under this agreement shall forthwith name a Certified Public Accountant (hereafter "CI'A"), or Attorney, unrelated by blood or marriage to any beneficiary under this agreement, or a corporate fiduciary, as successor Trustee. Any CPA or Attorney named as trustee under this Section must maintain errors and omissions liability insurance covering service as trustee. If a majority of the beneficiaries then eligible to receive distributions of net income under this agreement cannot agree on a CPA, or Attorney, or corporate fiduciary, any beneficiary can petition a court of competent jurisdiction, ex parte, to designate a CPA, Attorney, or corporate fiduciary as successor Trustee. . k l.'C...~.. , t / 1 0 The court that designates the successor Trustee shall not acquire any jurisdiction over any trust created under this agreement, except to the extent necessary to name a CPA, Attorney or a corporate fiduciary as successor Trustee. c. RecLuirement to Secure Financial Assistance Prior to funding the separate trust shares for each of my beneficiaries, or prior to the time a beneficiary serves in any capacity as a trustee of their separate trust share, my Trustees shall require each beneficiary to provide my Trustees with evidence that they have secured the services of a financial advisor. Each beneficiary shall present to my Trustees a written financial plan that sets forth how a reasonable portion of the principal of that beneficiary's separate trust share will be invested for that beneficiary's long range needs or the long range needs of their descendants. My Trustees shall have sole and absolute discretion to decide whether to accept the qualifications of the financial advisor selected by the beneficiary as well as whether to accept the financial plan itself. My Trustees shall pay any costs associated with complying with this provision and such costs will be charged against the beneficiary's separate trust share. Section 4. The Minimum Number of Trustees There will be no requirement for a minimum number of Trustees. Section 5. Corporate Fiduciaries Any corporate fiduciary named in this trust agreement or appointed by a court of competent jurisdiction as a Trustee must be a bank: or trust company situated in the United States having trust powers under applicable federal or state law. Such fiduciary shall have either a combined capital and surplus of at least 2 million dollars or assets under management of at least 2 million dollars. Section 6. Powers and Liabilities of Successor Trustee Except as otherwise provided in this agreement, any successor Trustee, whether corporate or individual, shall have all of the rights, powers, and privileges, and be subject to all of the obligations and duties, both discretionary and ministerial, as given to the initial Trustees. Any successor Trustee shall be subject to any restrictions imposed on the original Trustees. No successor Trustee shall be required to examine the accounts, records, and acts of any previous Trustees. __ No successor Trustee shall in any way be responsible for any act or omission to act on the part of any previous Trustees. SIXTH: I hereby nominate, constitute and appoint my daughter, NADINE ANN GRAVER, as Executor of this, my Last Will and Testament. In the event that NADINE ANN GRAVER shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid then I nominate, constitute and appoint my daughter, ELLEN F. SMITH NEBRE, without necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament. In the event that ELLEN F. SMITH NEBRE shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid then I nominate, constitute and appoint my daughter, JANICE L. LeCHAINCHE, without necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament. All references to the Executor herein shall be applicable to said substitute Executor. SEVENTH: My Executor and Trustee shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: To sell at public or private sale, exchange, transfer, partition, give options upon, lease, mortgage, pledge or otherwise dispose of any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executor and Trustee shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executor or Trustee shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executor or Trustee. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as my Executor or Trustee may deem it wise, and even though such property is not the kind of property an Executor or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles. _ ~, ~~1~1,~, ~ .mac.' ~- ' ~"~-~ 12 L 4. To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor or Trustee is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to my Executor or Trustee as owner of any securities constituting a portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. b. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensations to Executor or Trustee which shall be in accordance with established fees throughout the period of administration of my estate. 7. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor or Trustee may determine. The Executor and Trustee may make payments to or on behalf of any person who is the beneficiary hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executor or Trustee hereunder, for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. ,\ , U 10. To employ legal counsel, accountants, brokers, investment advisors, custodians. managers and other agents and employees and to pay reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as they shall deem best. 12. To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. EIGHTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WITNESS WHEREOF, I, MARYLEE SMITH, the Testator to this, my Last Will and Testament, typewritten on fifteen sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the ~_ day of ~~L__ 2007. r R Y LEE SMITH The preceding instrument consisting of this and twenty-six other typewritten pages, each identified by the signature of the Testator, MARYLEE SMITH, this day and date thereof signed, published and declared by MARYLEE SMITH, the Testator therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ~~ ~,`~~~ €~ ~ /~@• fJ/~ ~v !l.l / 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, MARYLEE SMITH, Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Z - '~7~"tC ,v MARYLSMITH Sworn or affirmed to and acknowledged before me by MARY LEE SMITH, Testator, the ~~'~ day of ~(,6 , 2007. Notary Public "OPJIPJIGf ~ r";L ~!; ~; r' ~ ~,"•+tir . IVlrchae{ Cher ~ .' z} „a+ Wormleysburg Bcrc ~ c ~, r t~ P^~, ~~ , My Commissi~~ c. t , , , ~, 'N` ~ooGoGt .... . ~9P. R`L.;Pr F'r .. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We ~iG~`~ Ate. ~1t~cu~. and ~dl~~ ~ ~c.~ - - ~ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. .. -, Sworn or affirmed to and subscribed to before me by .~4•lklr~-e ~. Clt~u:~k~ and ~°esG'e ~. ~ut, witnesses, this /~O~ _ day of _ ~ , 2007. ~,. ,. ..,i Notary Public ~._e~_.._~._~ ~ _._ __..... j ?~rotar;a6 ;~h :: ~Gchael Gh~,~.ir,~~ ~~sia! Wormleysburg f3ar4 ~ C~ n ~.,; 15 ~ My Crnnmissi~~, r.ti, .. ~.~U: rderr'~er ~ r~„~;