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HomeMy WebLinkAbout07-22-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Nancy Q. Grim File Number ~ ~.' // ~ d also known as Deceased Social Security Number ]I72-32-0673 .ellev A. Ouain Troia and Michael Ouain Petitioners, who are 18 years of age or older, applyfor: (COMPLETE `A' OR `B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioners are the Co-Executors named in the last Will of the Decedent dated December 10, 2008 and codicil dated October 18, 2010 (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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce have been established as provided in 23 Pa.C.S. section 3323(g): No exceptions ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a; d.b.n.c.t.a.; pendente liter durante absentia; durant~e 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 hei> If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~,,,_, ___. ..,.,.. Name Relationshi Resid 'p ~ .. 1'Ti N ~ Cl~ a_.,,~ ~ Q ~~, (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ '~~~ -.. . ~7 Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal res~nce at 18l Iriti>;e Drive Carlisle, Middlesex Township, Cumberland County, Pennsylvania 17015 ~"" (List street address, town/city, township, county, state, zip code) ~t. Decedent, then 70 years of age, died on July 17, 2011 at 181 Ridge Drive, Carlisle, Middlesex Township, Cumberland County Pennsylvania 17015 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 TOTAL $ 500,000.00 $ _ $ 363,000.00 $ 863,000.00 situated as follows: 181 Ridge Drive, Carlisle, Pennsylvania 17015 Wherefore, Petitioners respectively request the probate of the last Will and Codicil presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Si nature T ed or rir~ted name and residence `~ Kelley A. Quain Troia 7027 Green Street, New Orleans, LA 70118 Michael Quain 54504 Craig, Chapel Hill, NC 27517 ~~ .~~ ,.~s Cr3 821335.1 Oath of Personal Re resent 1 ~~ •'-- p at ve ~ ~ ~ + -'~~, ~ ~ COMMONWEALTH OF PENNSYLVANIA : ~ ~ ~ r. ,~=;. ,~„ ,~ ~; ~ n., S S '~ c~ ~ ..; , _ ' , ^~, __ ,_. p -~-, r-~ COUNTY OF ~~. :e::. ~ - ~ ~ -- :: The Petitioner above-named swears or affirms that the statements in the foregoing ~etition are .true ~....... i~~ ~~ ~i and correct to the best of the knowledge and belief of Petitioner and that, as personal representative oP-the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to or affirm and subscribed /~' Before me the . ~ . ~ day of . ~ ~ ~~ ~~ ~- 1 Foy the Register ~~!~ Signature o P nal Re r sentative ~~ ~ Signature of Persona epresentative Signature of Personal Representative File Number: ~ " ~~-~8 f Estate of Nancy Q. Grim ,Deceased Social Security Number 172-32-0673 Date of Death: July 17, 2011 AND NOW, ,~1,~ ~L~}~~_, ~ in consideration of the foregoing Petition, satisfacto roof ha~~h been resented befor ry r g 1' a mo, IT I DECREED that Letters %~.5 rr~t~f,~r y are hereby granted to ~ ~//y _/~- • ~, ~ ~~~ ~ A/ ~,, C]', j? ~ , ~~ d ~ , , ~ , ',~ the instrument(s) dated ~ described in the Petition Decedent. be admitted to probate in the above estate and that of record as the last Will (and Codicil(s)) of FEES ~~~J~~~~~(~/~ ~/`(~.~ .~--1~ ' Register o ..$ ~ JQ' ~ oo ~ Letters .. .. ~: . Short Certificate.. ... $ Attorney Signature: ~ ~ Renun iation(s)............ $ • • •. $ ~ Attorney Name: Stanley A. Smith ....$ ,d6 - ~.3 • • • • $ ~ Supreme Court I.D. No.: 33'182 4`.~td .... $ .o~ • • •. $ Address: c/o Rhoads & Sinon LLP •••• $ P.O. Box 1146 •••• $ Harrisbur PA 17108-1146 .... $ $ f'" Telephone: 71'1-233-5731 TOTAL ................ $ - -- LOCAL REGISTRAR'S CERTIFICATIOMI OF DEATH WARNING: It is illegal to duplicate this copy by photostair or photograph. ~'e.~ for this certificate, $6.00 P 17452091 Certification Number 7 H105-113 REV 11/2006 TYPE /PRINT IN PERMANENT BLACK INK 7 U LL 0 Z COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH iSee instructions and examples on reverse) STATF FILE NUMBER R~~ ffrn 5.1 J t'.... ~ C ^' ^C~ F -,' ~~; ~ ~ r ,~ _ "r`~ `.~ f'1"i 1. Name of Decedent (First, middle, last, suffix) Nancy Q. Grim 2. Sex Female 3. Social Security Numtrer 172 - 32 -0673 4. Date of Death (Month, day, year) July 17, 2011 5. Age (Last BirtMay) Under 1 year Under 1 day 6. Date of Birth (Month, da ,year) 7. Birdiplace (City and state a for eign country) Ba. Ptaoe of Death (Check, arty are) . 70 M°'r'~ °°~ "~"° """""° Aug . 10 ~ 1940 Harrisburg r PA Hospital: Other: yrs ^ Inpatient ^ ER I Cnltpatient ^ DOA ^ Nursing Home ($ Residence ^ Other -Specify: Bb. Cawtty of Death ec. City, Boro, Twp. of Death fid. FataNy Name (h rat instdutbn, glue sheet and number) 9. Was Decedent of Hispanic Origin? ~] No ^Yes 10. Race: American Indan, Black, While, etc. Cumberland Middlesex Twp. 181 Ridge Drive, Carlisle, PA (Iryea,epe:ifyCuben, (specify) Mexkan, Puerto Rican, etc.) Wtli.te 11. Decedent's Uwal lion Kind of wok d one most d wodt Nfe. Do not state refxed 12. Was Decedent ever in dte 13. Decedent's Education (Specfy onty Mghest grade completed) 14. Marital Status: Married, Never Married, 15. Survhnng Spouse Qf wife, give maiden name) ecif ) Divorced (S W ~'~'~ Kind of Wark K'xrd of Business / Iridushy U.S. Amted Forces? Elementary 1 Secondary (0-12) College (t-4 or 5+) y p i ~ i d Grim Robert R Artist Self- to ed ^Yes ®NO 4 e Marr . 16. Decedent's Mai~rg Address Slreet~ rity !lawn, stale, zip code) e ~1 Ve 181 Rid DecedenPs Did Decedent Actual Residence 17a. Stale A _ Live in a t7c. ®Yes, Oecedent Lived in Mi ddl egex ~L~. Twp. ~ g Carlisle, pA 17015 Township? ,L JR 17b.counry t^_1mlhPrland 17d. A~c1uDalLim~ItsntdvedwnMn ary/Boro 16. Father's Name (First, middle, last, sumx) Harold Buchter 19. Mother's Name (First, middle, maiden surname) Sally Readinger 20a. Imomtant's Name (Type 1 Prim) 20b. Infortrrent's MaiNng Address (Street, city /town, state, zip code) Michael Quoin 54504 Craig, Chapel Hill, NC 27517 21 a. Method of Disposition Cremation ^ Donation 21b. Date of Dispositon (Month, day, year) 21c. al Drsposilion ( of cemetery, cremat y a other place) Home & Homan-Rot FUnera~ 21d. Locetbn (City t town, state, zip code) ^ Bunal ^ Removal f State ~ Was Cremation or Donation Autltorhed Jul 18 , 2011 Y . em to C Carl isle , PA 17013 ^ Other - ~iy; , by Medcal Exankrar i Crxarer7 es ^ No r a ~ 22a. Funeral see (or person acting as such) 22b. License Number 22c. Name arrdAddress of Facility Hof fman-Roth Funeral Home & Crematory . ~ 38504 t t only when cerfitying physician is rat eva9ade at tlme of death to 23a. To the of my krrowledge, death a he lima, date and place stated. (Signatu and title) mss mbe~~~~ ` 2 ~ c- /~ 23c. D6(B,,Sign ~Mor~h, de~Yeer) I !Tj- / f~ (J~`U^ certity cause of death. / 1 ~ Items 24-Z6 must be completed by person 24. Ti f ~ 1 O ~ 26. Date Pronou d (Mon y, y ar) ~ ~ ) ~ 26. Wes Case Refear~red tg!aedical Examiner /Coroner for a Reason Other than Cremation or Donaton? ~ who pronounces death. N1, ~ / r ^Yes L~f'~' CAUSE OF DEATH (See instructions and examples) r Approximate interval: Pan II: Emer other gjgrificenl candNans contributive to deadr, 26. Did Tobacco Use Contribute to Death? Item 27. Pan I: Enter the chain devents -diseases, injuries, a mrttplications -that drectiy caused the death. DO NOT enter terminal events such as cardiac arest, r Onset to Death but not resulting in the underlying cause given in Pan L ^Yes ^ Probabty respiratory arrest, a ventricular fibrillation without slowing the etkkgy. Ust omy one cause on each line. t i ^ No ~Unkrawn ~Mt~~ SSE (Firm disease a ~ /~ r ~ " /~ de ,~ a ~ ~ \~-- G,;/ t ~ i ~ Y~~, 29. If Female: ear ithin ast ^ N t nam . Due to (a as a consequence of): ~ ks1 mn0lticrrs, if arty, b r p y preg w o ^ Pregnant et time of death , Ieadr~ Enter dreaUNDERLYMC CA E a Due to (or as a consequence ot): ~ ^ ~o~~ vent, but pregnant within 42 days (disease w inury that initiated the c. r s+ents resutling m death) EAST. ~ ' Due to (or as a consequence of): ^ Not pregnant, but pregnant 43 days to 1 year ~ d. ~ ^ Unknown it pregnant within the past year 30a. Wes an Autopsy 30b. Ware Autopsy Fmdirgs 31. Manner d Death 32a. Data of Injury (Monts, day, year) 32b. Descdbe How Injury Occurred 32c. Place of injury: Home, Ferm, Street, Faaory, etc OKxxr ~~9 (~N) Performed? Available Prieto Completion of Cause of Death? Natwal ^ Homiade . ~ ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. injury at Work? 321. If Transponation Injury (Specity) 32g. Locatxm of Injury (Street, city /town, state) ^ Yes ~ ^Yes ^ No ^ Suicide ^ Couk Not be Determined ^Yes ^ No ^ DrNer /Operate ^ Passenger [] Pedestnan M Other - Speclty: 33a. Certifier (check omy one) l d It 23) d d th d t h 33b. Signature and Tmle ot_Certifier ~ - ~~ e as praaurxxr ea an comp e em • Certifying physkian (Physirtian cenifying cause of deem when anottrer physican _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ _ _ _ - _ _ death occutred due to the cause(s) and rnanrrer as stated e To the best of m ktawkd m.- i -,`.. _ _ _ _ _ _ _ _ _ , g y • Pronouncing and certifying physktan (Physician both pronamcing death and certifying to cause of death) To ttre bast o1 my knovdedge, death occuned at the time, dale, arts place, and due to the cause(s) and manrrer as 518ted_ _ _ _ _ _ _ _ _ _ _ _ ^ _ _ ^ _ _ ^ l E /C di i 33c. Li r -,, ~~. ~ ~ , ~G y, - " 33d. Date Signed (Month, day, year) ~ / ` L /~j / j 6 t~ I ' ca xam ner oroner • Me On the basis of examination end 7 or lnvestigetbn, in my opinion, death occurred et the lime, date, end place, and due to the cause(s) and manrtar as stated_ ^ Ty Print 34 Name and Address of Person'NhQ Cenpleted Cause of Death (ttem 27) MD S1lipley Joshua L I~ I ~ ~ ~ I ~ ' ^ S ®Registra ' Lure and Distric ~ 36: ate Filed (Month, day, year) r . 3912 Tr ind lta Road , Camp Hi 11, PA 17011 L This is to certify that the information here given is correctly copied from an original Certificate of Death duly tiled with me as Local Registrar. The original certificate will he forwarded to the State Vital Records Office for permanent filing. ~_ . ~~ea•+c~~i-,.~Dg-~'a~ Jt~(. 1 8~ 2011 Local Registrar Date Issued e- ._~, ~0 :::.: t~ ~ ~ tCt' ~+./ ~~~ r wn .....,. .~-'. Disposition Permit No. O ~ `tQ 1 "C-1 LAST WILL AND TESTAMENT OF NANCY Q. GRIM ,~O ` •~. S. f'~' 4R .~~n.;.~ ~,,,ti t,.....~ ~~~ 1~ ~y ~ ~ ~,,.. , t,_.. c «~ i 7 ~a --~ ---a. = ~.-„F --, -=~= --r-~ ~ ~ `~n ~ ~._ I, NANCY Q. GRIM, of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to ROBERT R. GRIM (hereinafter referrecl to as "My Spouse") and there are no children born of our marriage. My children by prior marriage are KELLEY A. QUAIN TROIA and MICHAEL QUA1N. As used herein the term "my children" shall refer to the aforelisted children born of my prior marriage. 1. TANGIBLE PERSONAL PROPERTY. (a) I give and bequeath my diamond ring, which formerly belonged to my mother, Sarah R. Buchter, to my daughter, KELLEY A. QUAIN TROIA, if she survives me. (b) I give and bequeath all of my remaining household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with ali policies of insurance thereon, to my children living at my death in as nearly equal shares as they shall select under the supervision of my Executor. Any cost of packing and shipping said personalty to 1:he beneficiaries, including insurance, shall be paid by my Executor as a general administration cost. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. Page 1 of 11 Pages 723905.1 2. SPECIFIC BE VEST. If My Spouse, ROBERT R. GRIM, survives me, I devise and bequeath my real property known and numbered as 181 Ridge Drive, Carlisle, Middlesex Township, Cumberland County, Pennsylvania (the "Property") to My Spouse, for his life, without liability for waste. Upon the death of My Spouse, I direct my Executor to sell said Property and distribute the net proceeds thereof to my issue living at his death, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-five years, each such issue's share shall be distributed to my Trustee hereinafter named, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for they benefit of each such issue (the "Grandchild's Trust"). 3. RESIDUE. I give, devise and bequeath all of thE; rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to my issue living at my death, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-five years, each such issue's share shall be retained by my Trustee hereinafter named, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). If all of my issue die before me, all such assets shall be distributed in accordance with ITEM 5 of this Will. Page 2 of 11 Pages 4. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the riet income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical acid nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Grandchild the net income derived from the Grandchild's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Grandchild's Trust the Grandchild shall have then attained the age of twenty-five years or if the Grandchild shall thereafter attain that age, my Trustee shall distribute outright to the Grandchild the then remaining principal of the Grandchild's Trust. (d) If a Grandchild shall die before final distribution of the assets of the Grandchild's Trust is made, the then remaining principal and any undistributed income of the Grandchild's Trust shall be distributed to the Grandchild's issue then living, per stirpes; or if the Grandchild shall have no issue then living, to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, to my issue then living, per stirpes; provided, however, in any event, if any such beneficiary is then a beneficiary of a Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. If I have no issue living at the termination of the Grandchild's Trust, all such assets shall be distributed pursuant to ITEM 5. Page 3 of 11 Pages 5. CONTINGENT DISTRIBUTION. If all of my issue predecease me or are deceased at the termination of any Trust created hereunder, I give and bequeath any assets passing under this ITEM as follows: (a) Fifty percent (50%) of such assets to THE NATURE CONSERVANCY, 4245 North Fairfax Drive, Suite 100, Arlington, Virginia 22203-1606, for its general purposes; and (b) Fifty percent (50%) of such assets to THE NATiJRAL RESOURCES DEFENSE COUNCIL, 40 West 20th Street, New York, New York 10011, for its general purposes. 6. LIMIT ON TERM OF TRUSTS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion or otherwise. 7. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My F?xecutor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder Page 4 of 11 Pages and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 8. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 9. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem wise. (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distl•ibute said assets in Page 5 of 11 Pages a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after :my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my :''Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. Page 6 of 11 Pages (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To divide any trust hereunder into two or more separate, but identical, trusts. To divide any trust hereunder which would have a generation skipping transfer tax inclusion ratio other than one (1) or zero (()), into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust is that fractional share of the total trust fund that has a generation skipping transfer tax inclusion ratio of zero (0), and the nonexempt trust is the remaining fractional share of the trust, with a generation skipping transfer tax inclusion ratio of one (1). The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to a trust created under this Will, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustee shall maintain adequate accounting and records for both such trusts. My Executor shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (o) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (p) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 10. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax: deduction. Page 7 of 11 Pages (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 11. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 3 of this Will as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 12. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoinl: my Trustee hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 13. TRUST TERMINATIONS. If, in the sole discretion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, without any liability to any person or remainderman whose interest may be affected thereby and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary or beneficiaries of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. The Trustee discretion herein Page 8 of 11 Pages granted shall in no event be construed as giving any potential distributee of a trust the right to compel a termination in whole or in part of such trust. 14. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I hereby authorize my Executor in my Executor's sole and absolute discretion tc- allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate. I recognize that this power gives my Executor broad latitude which I wish my Executor to exercise while taking into account such factors as my Executor deems beneficial to all of the beneficiaries of my estate. My Executor shall not be liable for arty loss to my estate or to any beneficiary of my estate resulting from such allocation made in goc,d faith. 15. EXECUTOR APPOINTMENT. I hereby appoint my children, KELLEY A. QUAIN TROIA and MICHAEL QUAIN, as Co-Executors of this Will,. If for any reason either of them should fail or cease to act, the other shall act or continue to act with all of the powers granted to the two of them. If both should fail or cease to act, I appoint LeTOR.T MANAGEMENT AND TRUST COMPANY, with offices in Cumberland County, Pennsylvania, as Executor. All references in this Will to my "Executor" shall refer to my originally named Co-Executors, or to my sole successor Executor, as the case may be. 16. TRUSTEE APPOINTMENT. I hereby appoint My Spouse, ROBERT R. GRIM, and my children, KELLEY A. QUAIN TROIA and MICHAEL QUAIN, as Co-Trustees of any trust created hereunder. If for any reason My Spouse should fail or cease to act, I appoint LeTORT MANAGEMENT AND TRUST COMPANY, to act with my children as Co-Trustees of any trust created hereunder. If for any reason any of them should fail oar cease to act, the other or Page 9 of 11 Pages others shall act or continue to act with all of the powers granted to the three of them. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder, such Trustee shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary or to or for the benefit of his or her issue; or (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST TERMINATIONS". An individual Trustee shall be deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating physician of said individual Trustee shall certify in writing that such Trustee possesses permanent mental or physical incapacities which preclude such Trustee from discharging his or her duties as Trustee hereunder. My children living from time to time, by unanimous vote, or my sole surviving child, shall be authorized, by written notice directed to the Trustee, to remove any corporate Trustee, for any reason, without cause and without Court approval, and replace said corporate Trustee with another corporate Trustee having fiduciary powers. If there is ever only one individual Trustee serving hereunder and no successor is herein named, such sole Trustee may, by written notice directed to the life tenant and the Trust, designate his or her successor(s) or Co-Trustee(s) to serve with him or her, any such designation to be effective without court approval. Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references :in this Will to my "Trustee" shall refer to my originally named Co-Trustees or to my sole successor Trustee, as the case may be. Page 10 of 11 Pages 17. WAIVER OF BOND; FIDUCIARY FEES. Any Custodian, Executor or Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding ten (10) pages, this ~E~' 7 day of f ~~z ~ em bc,~' , 2008. (SEAL) Nancy m We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of who, at her request and in her presence and in the presence of each other, have hereunto se r nds and seals the day and year above written, and we certify that at the time of the exec eof, the said Testatrix was of sound and disposing mind and memory. (SEAL) 3~ aG:~.l,C`~O ~~ i SEAL) /nia .~ ~y~ ~. Page 11 of 11 Pages COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, NANCY Q. GRIM, ~ u ~ and ~l/a,(/•Q/~ ,~: ,~GC%~.~ ,the Testatrix and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declarE; to the undersigned officer that the Testatrix, in the presence of the Witnesses, signed said instrument as her Last Will and Testament, that she signed voluntarily, that each of the witnesses, in the presence of the Testatrix and of each other, signed said V6'ill as a witness and that to the best of they knowledge of each witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. it ss Subscribed and acknowledged before by NANCY Q, GRIM, the Testatrix, and subscribed and sworn to before me by and ~~~,t/,U~ ~ -7~~~~the witnesses, on this ~ ~ day of mac. ~ ~~ ~~.~--~ , 2008. ~Y. ~ ~ .~ Notary Public My Commission Expires: (SEAL) COMMONWEALTH 01= PENNSYLVANIA Notarial Seal Cindy L. Le'~tzel, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Dec• 2, 2010 lulember, Pennsylvania Association n# Notaries CODICIL TO THE LAST WILL AND TESTAMENT OF NANCY Q. GRIM •t, ~~ ~ ~ ~--- Cz"- "~ ~~ CA "t7 , ~ ~ ~ r ~ Lam-; : ~ ~~•^~I~ ~+/~`. `'~ Y ~ wiV / ` / ay ~ V r ~ S _a.~.k .,~~~1 © ~ ~ • .. 'r`r. `' r- I, NANCY Q. GRIM, of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last Will and Testament dated December 10, 2008. I. I hereby revoke ITEM 2 of my Last Will and Testament, which ITEM 2 shall remain blank. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, consisting of this one (1) page, this ~ g j" day of Oct' •, 2010. sEai,~ Nancy Q. ri We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testatrix as and for a Codicil to her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of th ecu ' n thereof, the said Testatrix was of sound and disposing mind and memory. ,- Rhoads &Sinon LLP (SEAL) PO Box 1146 oor ne ou Harrisburg, P~q 1'108-1146 --~~17-233-5731 ~ ~~~ Rhoads &Sinon LLP 795242.1 G- (SEAL) _~ ~C1X 1146 One South M~~rket Square, oor Harrisburg, Pik 17108-1146 - 3't COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, NANCY Q. GRIM, ~~~ Zk ~C ' t and ,-- ...---~~ n G ~ ' ~~i~ ~ ~ I ~ the Testatrix and the Witnesses, respecti~~ely, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testatrix, in the presence of the Witnesses, signed said instrumE;nt as a Codicil to her Last Will and Testament, that she signed voluntarily, that each of the witnesses, in the presence of the Testatrix and of each other, signed said Codicil as a witness and that to the best of the knowledge of each witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. N Witn ~ ,. . ~~ Witn s Subscribed and acknowledged before me by NANCY Q.. GRIM, the Testatrix, and s cribed and sworn tq before me by - 1M and ~~ i ~ ~ ,the witnesses, on this 1 ~ day of ~ ;.~ ~~/-' , 2010. _ ..--.. Notary Public My Commission Expires: (SEAL) COMMONWEALTH (7F PENNSYLVANIA Notarial Seed Cindy L. Leitzel, Notary Public City OF Harrisburg, Dauphin County My Commission E~ir+es Dec. 2, 2010 Member, PennsyNvania Association of Notaries