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HomeMy WebLinkAbout09-22-14 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PENNSYLVANIA-CUMBERLAND COUNTY IN RE: : Orphans Court Division � The Lorraine Brigham Irrevocable Trust : c^� ° � � Agreement Dated 12/16/2008, as Amended: � � �, � a on March 12, 2014 . �,�, -n �,�, � . No.2-r.-�y�_p c�3� � � N � � � r _..� f-„ � -s �-y`t Daniel D. Brigham, Trustee . ''� i:� ' ? N ' � • �--� �- : , . �.., ..., v -:, --, Lorraine Brigham, • ` _ .` � �' Grantor/Settlor and Petitioner . �_:3 -� � rn : Judge ' w N ° PETITION TO APPROVE TERMINATION OF NONCHARITABLE IRREVOCABLE TRUST BY CONSENT PURSUANT TO 20 Pa. C.S.A. &7740.1 Petitioner and Grantor/Settlor, Lorraine Brigham, by and through her attorneys, Salzmann Hughes, P.C., states the following in support of this Petition: 1. On December 16, 2008, Petitioner, then a resident of Warwick,New York, executed the Lorraine Brigham Irrevocable Trust Agreement(hereinafter"Trust"). See E�ibit A, attached. 2. The Trust was created on the advice of New York counsel to serve as an asset preservation tool in the event that Petitioner, who is widowed, would enter a nursing home for care. 3. On March 12, 2014, Petitioner, who was then and remains a Pennsylvania resident, amended the Trust to name her grandson, Daniel D. Brigham, as Trustee. See Exhibit B, attached. 4. The Trust directs that income be paid to the Petitioner during her lifetime. 5. Upon the Petitioner's death, the Trust directs that the trust assets be equally divided among Anita L. Reynolds, Alan D. Brigham, Douglas C. Brigham, and David W. Brigham,per stirpes. David W. Brigham is deceased, so his two children, Randy Brigham and Jaclyn Brigham, are beneficiaries of the Trust. All parties involved in this matter are sui juris. 6. Currently, the value of the Trust is approximately Two Hundred Thousand ($200,000.00) Dollars, which includes an annuity and a piece of real estate in Florida. 7. Petitioner is in good health and maintains her own home. 8. However, because of her ability to live an active independent lifestyle, Petitioner's assets outside of the Trust have dwindled such that the continuation of that lifestyle is jeopardized by the inaccessibility of the Trust assets. 9. At the time she created the Trust to shelter certain assets, Petitioner did not anticipate that she would need those funds to maintain her home independently. 10. The beneficiaries, who are comprised of children and grandchildren of the Petitioner, agree and understand that Petitioner's circumstances have changed since the Trust was created and that she is in need of the trust assets to maintain her modest lifestyle. 11. The beneficiaries have consented to the termination of the Trust and to the distribution of all Trust assets to the Petitioner. See Exhibits C through G. 12. The Trustee also consents to the relief sought by the Petitioner in this matter. See Exhibit H, attached. 13. The consent of Lorraine Brigham, Petitioner, as Grantor/Settlor is attached as Exhibit I. WHEREFORE, Petitioner, Lorraine Brigham, as Grantor/Settlor, requests that this Honorable Court enter a Decree finding that the termination of The Lorraine Brigham Irrevocable Trust Agreement has been consented to by the Grantor/Settlor, Trustee and Beneficiaries, and directing that all remaining principal and accumulated income shall be distributed by the Trustee to Petitioner Lorraine Brigham as soon as practicable. Respectfully submitted, Date:.�i�_JLir��c� anc eyers, Esquire Atty. I . PA 77064 Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 (717)263-2121 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PENNSYLVANIA—CUMBERLAND COUNTY IN RE: : Orphans Court Division The Lorraine Brigham Irrevocable Trust : Agreement Dated 12/16/2008, as Amended: on March 12,2014 . . No. Daniel D. Brigham, Trustee . Lorraine Brigham, . Grantor/Settlor and Petitioner . : Judge VERIFICATION I, Lorraine Brigham, state that I am authorized to make this affidavit and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. � - r� � Date: � �5� ��'LG�,C��i ¢;.YL�'' CL'�rt„� / Lorraine Brigham � ���� ,� , aY � w.k"� \::�"JF'� G3i LORRAINE BRIGHAM 1RREVOCABLE TRUST AGREEMENT TRUST,AGREEMENT,executed this 16`�'day of Decernber,2008,between LORRAINE BRIGHAIVI,residing at 56 Jones Road,Warwick,New York 10990,��vith a mailulg address of PO Box 363, Pine Island, New York 10969, County of Orange and State of New York, hereinafter referred to as "Grantor", and ANITA L.REYNOLDS,residing at 416 Deerfield Lane,Montague, New Jersey 07827 with a mailing address of PO Box 1692,Montague,New Jersey 07827,County of Sussex and State of New Jersey, hereiiiafter referred to as Trustee. FIRST The Grantor hereby transfers to the Trustee the property listed in Schedule A amlexed hereto, IN TRUST, for the following purposes: (a) To pay the income to the Grantor in convenient instalhnents at least once per year or more frequently should Grantor request saine. (b) Upon the death of the Grantor, to pay the then remaining principal, if any, as provided hereafter. (c) If or to the extent to which the Grantor fail effectively to exercise the power granted to her in subarticle(b)above,to dispose of the principal,if any,remaining at the time of her death as provided in article THIRD. If Grantor is survived by no cluldren,said share shall be paid to issue surviving hirn or her,except that if any issue of the Grantor is under the age of twenty-one(21) years at the time of the Grantor's death,his or her share shall be held by the trustees and admuustered and disposed of in accordance with the provisions of Article FIFTH. SECOND Upon the Grantor's death,the Trustee shall be required to pay any Estate tax or administration expenses from this Trust. � THIRD Upon Grantor's death, all of the residue of Grantor's property listed on Schedule "A" not previously disposed under the terms of this Trust shall be disposed of as provided for below. It is expressly directed that all assets other than those placed in this Trust shall be exhausted in payment of any expEnses with the exception of any "in trust for" accounts set up by Grantor prior to her death. The remaiiung assets shall be equally divided equally among ANITA L. REYNOLDS, ALAN D.BRIGHAM,DOUGLAS C.BRIGHAM and DAVID W.BRIGHAI�2. If either of said 1 EXHIBIT � A persons predeceases Grantor, said assets shall be paid to that person's issue, per stirpes, if any. If either person predeceases Grantor leaving no issue, said share shall be divided equally among the othe.r surviving beneficiaries. FOURTH This Trust shall be irrevocable and the dispositive provisions hereunder may not be changed in any manner without the unanimous written consent of the Grantor's beneficiaries hereunder. FIFTH Each share directed to be disposed of and provided for in tlus article shall be held, IN TRUST, during the life of the issue of the Grantor for whose primary benefit it has been set apart ("the beneficiary") or until the earlier termination of the trust, for the following purposes: (a) To pay the income to the beneficiary in convenient installments at least once per year. (b) To pay to the beneficiary, at any time or times prior to the ternlination of the trust, such sums from or any part or all of the principal as the trustees,may, in their discretion detern-iine to be reasonably necessary to permit her to maintain her usual and normal standard of living This power shall include the power to terminate the trust and distribute the principal thereof to the beneficiary. (c) To pay to the beneficiary upon his attaining the age of twenty-one(21)years,the then remaining principal, if any. (d) Upon the death of the beneficiary prior to his or her twenty-first(215`)year birthday, to pay the then remaining principal, if any,to his or her then living issue, or if he or she has no such issue to the beneficiaries listed in Article THIItD, except that the share of any beneficiaries listed under Article THIRD for whose benefit a trust shall then exist hereunder shall be added to such trust, to be administered and disposed of as if a part thereof from inception. If the Grantor has no issue then living, such principal shall be disposed of as provided in Article SEVENTEENTH. SIXTH If,under the terms of other provisions of this trust,any money or other property is required to be distributed to a person who is a minor or who is otherwise under a disability (such as incompetency), such money or other property shall not be distributed but instead my Trustee shall hold, rnanage, invest and reinvest the said share and shall have the sole and absolute discretion to expend or not expend principal and/or income for the benefit of said beneficiary subject to the following uses, purposes, terms and conditions: (a) During the period of minority or other disability,the Trustees inay pay to the minor or other person under a disability any part or all of the income or principal as the Trustees may,in their 2 discretion, determine to be reasonably necessary for such person's support,maintenance, education, or health or to meet the costs of any illness or accident affecting such person. (b) During the period of minority or other disability, the Trustees may accumulate any part of the income not disposed of pursuant to subarticle (a) of this article, or they may add such income to principal. (c) None of the income or principal of the trust shall be used or disbursed for the use or benefit of said beneficiary if it will affect, reduce, or make luin ineligible to receive, full govemmental financial assistance benefits or other governmental benefits in the same manner as if no trust existed. (d) Neither the income nor the principal in the hands of my Trustee before the interest and/or principal is actually paid or delivered to the said beneficiary shall be subj ect to voluntary or involuntary anticipation,encumbrance,alienation or assignment,either in whole or in part,nor shall such interest be subject to any judicial process to levy upon or attach the same for or on behalf of such beneficiary's creditors or claimants. (e) If the said beneficiary is not otherwise provided for by govenunental financial assistance and benefits or by the providers of services, certain needs may be provided for by my Trustee from the income and principal,including spending money, additional food,clothing,health services not provided,radios, CD players, television sets, vacations and trips,birthday and holiday gifts or similar tangible items. The Trustee is under no obligation to expend any such for such needs, but if, in her sole discretion, does decide to do so,it shall under no circumstances pay or reiinburse any amounts to the United States of America, the State of New York or to any other state or to any subdivision for any purpose, including the care, support, maintena�ice and education of the beneficiary. (fl In making any distribution to or for the benefit of the beneficiary,the Trustee should consider what benefits the beneficiary may be entitled to from any governmental agency,including, but not limited to, Social Security Administration benefits, Veterans Admiiustration benefits, Medicaid (medical assistance) and supplemental security income (SSI) benefits. I request my Trustee to assist the beneficiary in collecting, expending, and accounting separately for all such governmental assistance benefits,but xiot commingle them with the trust fund. The same things skall apply to the beneficiary's own assets and income if the Trustee is in a position to assist him individually. (g) Upon the ternlination of minority or the other disability, the Trustees shall pay all remaining property to the person whose minority or disability has terminated, or in the event such person has died before attaining majority or without termination of the disability,the Trustees shall distribute such property to the issue of such person,if any,per stirpes. If said person has no issue the residue of this Trust shall be distributed pursuant to paragraph THIIZD hereunder. 3 SEVENTH Any property which the Trustee is authorized to pay to a person who is a minor or otherwise under a disability, may, in the discretion of the Trustee,be paid for the benefit of such person to a guardian or to another individual who is not under a disability with whom the minor or otherwise disabled person resides. If the Trustee obtains a receipt for any payinent made in accordance with this provision, such receipt shall fully discharge her from liability with respect to such payment and from further accountability therefore. EIGHTH Whenever the Trustee is directed or authorized to make payments to a person,the Trustee is authorized, in her discretion, to apply such payments to or for the use of such person. NINTH Subject to the provisions of Article SIXTH any income which has been accumulated by the Trustee for the benefit of a specified person may be paid to such person at any time prior to the tennination of the Trust which earned the income and shall be paid to such person upon such tennination. In the event that such person dies prior to the termination of such trust, any such accumulated income shall be paid to his or her estate. TENTH Wherever the Trustee is given the discretionary power to make payments from the principal of a Trust,no Trustee who is a potential recipient of such payment may exercise his or her discretion in his or her own favor. ELEVENTH Subject to the provisions of Article SIXTH the Trustee, in exercising any discretionary powers given to her under any provision of this Trust, need not take into consideration any other assets or income owned by or available to the person to whom a discretionary payment is under consideration, except that the Trustee shall be prohibited from making any payments in reimbursement of any go�enunental entity which may have incurred expense for�he benefit of a beneficiary, and the trustee shall not pay any obligation of a beneficiary which obligation is otherwise payable by any governmental entity or pursuant to any governmental program of reimbursement of payment. It is the Grantor's primary purpose in creating the Trusts provided for in this agreement to benefit the beneficiary of the income and not to preserve the principal for the benefit of the contingent remaindermen; this purpose shall be camed out in determining any questions which may arise between the interests of the beneficiaries of the income and the interests of the beneficiaries of the remainders. TWELFTH The word "issue" as used in this agreement (i) shall mean issue per stirpes and (ii) shall 4 include those born after the date of agreement. The word "minor" as used in tlus agreement shall mean a person under the age of majority in the jurisdiction in which such person is domiciled, and the word "minority" shall mean that period befare such person attains the age of maj ority. The words "Trustee" and "Trustees" apply to and include not only the Trustees named herein to act in the first instance,but also, unless otherwise specifically provided, any additional or successor Trustee. The word"discretion"means "sole,exclusive and unrestricted discretion". Unless the context otherwise requires, the masculine shall be deemed to include the feminine and neuter, and the use of the singular and plural shall be interchangeable. THIRTEENTH Without limited the authority which the trustees would otherwise have pursuant to law or pursuant to other provisions of this agreement, they are hereby vested with the following discretionary powers wluch they shall have until the final distribution of all assets in their hands: (a) To retain for as long a period of time as they may consider advisable or proper any property which may at any time be in their hands. (b) To sell at public or private sale or to exchange any property which may at any time be in their hands,without application to Court,on any terms which they may consider advisable or proper,including terms involving an extension of credit for any period of time and with or without security. (c) To invest in or otherwise acquire any property, without being bound by any provision of law restricting investments by Trustees, including but not liinited to conunon and preferred stocks, security and unsecured obligatioiis, mutual and conunon funds, other securities, mortgages and interests and options in any of the foregoing. (d) To acquire and retain property without regard to any principles of diversification. (e) To acquire,exercise,sell or abandon conversion,subscription and other rights and options in connection with securities or any other property, and to grant options for any period of time. (fl To operate,repair, alter,improve,insure,grant options upon,mortgage,partition, or lease for any period of time any real property or interest in real property which at any time forms part of any trust herein created. (g) To employ and pay investment advisers, accountants, attorneys(even though my Trustee may be such attorney), bookkeepers, clerks, stenographers and other assistants. (h) To borrow money for any purpose, including but not limited to the payment of taxes, this power to include the power to borrow from income for the benefit of principal or from principal for the benefit of income,with or without interest, and to pledge or mortgage property as security for money borrowed. 5 (i) To lend money or other property to any person, corporation,partnership,trust or other entity, including a beneficiary hereunder. (j) To make any division or distribution hereunder in kind or in cash or partly in each. (k) To determine, in case of reasonable doubt on their part, whether any property coming into their hands constitutes income or principal, and whether any pa}niient or expenditure inade by them shall be charged to income or to principal, but any distribution by a corporation or association made to the Trustees in the shares of the distributing corporation or association,whether in the form of a stock split or stock dividend, shall be allocated wholly to principal. (1) To place the assets of the Trust or any part of them in one or more bank, brokerage,custodian or other accounts with any banks,trust companies or stock brokerage firn1s,and to pay the cost of maintaining such accounts. (m) To maintain bank, brokerage, custodian and other accounts under title of LORRAINE BRIGHAM IRREVOCABLE TRUST AGREEMENT,or in the nanle of Trustees of any of them, followed by the words "Account No. " or by the word "special". (n) To keep property of the Trust in any convenient place of safekeeping, without limitation, provided that such property is at all time earmarlced as being the property of the Trust. (o) To delegate to any one of the Trustees,or to others, any nondiscretionary power, including but not limited to the power, singly or with others, to sign checks, withdrawal slips, instructions for the receipt or delivery of securities or other property, and instructions for the payment or receipt of money, and the power, singly or with others,to have access to any safe deposit box or other place where property of any trust created pursuant to this agreement is deposited. FOURTEENTH No Trustee shall be required to furnish any bond,undertaking or other security for the faithful discharge of her duties as Trustee,nor shall any Trustee be required to file any interim account of her proceedings in any Court in any jurisdiction in which shemay be called upon to act. No Trustee shall be responsible or liable for the manner in which any discretion is exercised pursuant hereto,or for any inisinterpretation of this agreement,or for any act or omission of any other Trustee,or,ui�less his conduct amounts to fraud or willful misconduct, for any act or omission of her own. FIFTEENTH This Trust shall be irrevocable and the dispositive provisions hereunder may not be changed by Grantor for any reason at any time. Any person,including the Grantor,may, at any time and from time to time,add additional property by Will or otherwise to the Trust,providing such property is acceptable to the Trustees. Any property so added shall become a part of the Trust estate and be subject in all respects to the terms and conditions of this agreement. 6 SIXTEENTH Any statement sent by registered mail or delivered by any Trustee to, or any release to a Trustee signed by any beneficiary who is living and of full age and sound mind, or any statement so sent or delivered to, or any release signed on behalf of any beneficiary by the e�ecutor or administrator of any beneficiary if the beneficiary is not living,or a parent, guardian or conunittee of a beneficiary who is living but not of full age and sound mind, shall conclusively discharge the trustees from any and every claim and demand of any such beneficiary with respect to any matter contained in such statement or release, except with respect to any matters in such statement as to which written obj ection is made to and received by the trustee rendering the statement within sixty days after the statement has been sent or delivered. Any such release, if given with respect to all matters relating to the Trust and the administration thereof, with or without a fonnal or informal accounting or the rendition of any statement shall conclusively discharge such Trustee from all claims of the beneficiary by whom or on whose behalf the release was signed, and from all claims of the then living descendants of such beneficiary having no interest in the Trust conflicting with that of such beneficiary, and from all claims of such beneficiary's unborn issue, with respect to all matters relating to the trustor the administration thereof,including claims which were not disclosed to or not known by such beneficiary or the person signing the release on such beneficiary's behalf. SEVENTEENTH In the event that at the time the distribution of any portion of my estate or of any trust created hereunder there shall be no surviving beneficiaries I direct that my remaining estate or i�emaining Trust Corpus be paid to my family and be adininistrated pursuant to the laws of intestacy in the State of New York. EIGHTEENTH A Trustee may resign by executing and acknowledging a written resignation and delivering it to an acting Trustee, if there is a Trustee acting, or if not to the Grantor if she is then living, or if she is not living, to the current beneficiaries of the trust at that time. � NINE�'EENTH . The following persons are hereby appointed Trustees: 1. ANI'TA L. REYNOLDS provided she is able to perform such duties. 2. In the event that ANITA L. REYNOLDS is unable to perfomi such duties, or shall resign as Trustee,ALAN D. BRIGHAM shall act as Trustee. The Grantor shall have power to remove any Trustee and to designate additional Trustees or Successor Trustees. Any designation shall be revocable at any time prior to the qualification of the person so designated. 7 TWENTIETH Any additional or successor Trustee shall qualify by delivering a written and acknowledged acceptance of the trust to an acting Trustee,if there is a Trustee acting,or if not to the Grantor,if she is then living, or if not to the then beneficiaries of the trust. TWENTY-FIRST ANITA L. REYNOLDS hereby accepts the Trust and agrees to execute the same to the best of her ability. TWENTY-SECOND Unless the governing law has been changed by removal of assets to allother jurisdiction,this agreement aiid each trust created hereunder shall be construed and regulated by the laws of the State of New York. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. � � , �� LORRAINE BRIGHAM, Grantor � 1�� ANITA L. REYNO , Trustee STATE OF NEW YORK) COUNTY OF ORANGE ) ss.: On the 16"' day of December,in the year 2008,before me the undersigned, a Notary Public in and for said State,personally appeared LORRAINE BRIGHAM,as Grantor personally known to me or proved to nie on the Uasis-of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the saine in her capacity, and that by her signature on the instrument, the individual or t e person upon behalf of which the individual acted, executed the instrumeiit. N AR P LIC DOUGLAS R. STAGE Notary Public, State of New York Qualified in Orange County No. O1ST4631675 Commission Expires Sept. 30, 2010 8 STATE OF NEW YORK) COLINTY OF ORANGE) ss.: On the 16`h day December, in the year 2008,before me the undersigned, a Notary Public in and for said State,personally appeared ANITA L.REl'NOLDS,as Trustee personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instnament and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the insti-ument. OTAR P LIC DOUGLAS R. STAGE Notary Public, State of New York Qualified in Orange County No. O l ST4631675 Coirunission Expires Sept. 30, 2010 9 Schedule A 1. Lakeland Bank Money Market account No. 634631128 2. Property in Hamilton County, Florida Parcel ID# 3486-032 See Exhibit A attached 10 / -/ � . 1="1...# 'r'�'ti���l��:?;.3:a;�3..^; L'� L�F,:`�"s F�� c:'��:I. �,, . I�:[=:C C�I�J. i[�'�f�1.•i.,:�..�i�a i�.',i�i r.�, ATS 16982 Exhibit "A" Parcel 1 Part of the Southeast '/ of the Southeast '/4 of Section 10, Township 1 North, Range 12 East, Hamilton County, Florida. Being more particularly described as follows: for Poiiit of Reference coinmence at the Southwest corner of said Southeast 1/4 of the Southeast '/4, thence run N.89°43'19"E., a distance of 1245.50 feet to the West Right-of-Way line of a County paved Road; thence run N.O1°13'04"W, along said West Right-of-Way line, a distance of 958.95 feet to the Point of Beginning; thence run 5.89°43'19"W., a distance of 682.82 feet; thence run N.O1°13'04"W., a distance of 333.44 feet to the South Right- of-Way line of Northwest 63`d Lane; thence run 5.87°58'03"E, along said South Right- of-Way line, a distance of 683,82 feet to said West Right-of-Way line; thence run S.O1°13'04"E. along said West Right-of-Way line, a distance of 305.86 feet to the Point of Begiruling, ..✓ ,°�. 1's �`.�'A.� '�� . FIRST AMENDMENT TO � LORRAINE BRIGHAM IRREVOCABLE GR.ANTOR TRUST i DATED DECEMBER 16, 2008 LORRAINE BRIGHAM, cunently of 847 Brian Drive, Enola, Pennsylvania, as Grantor, executed the Lorraine Brigham Irrevocable Grantor Trust Agreement on December 16, 2008 (hereinafter referred to as the "Trust Agreement"), with ANITA L. REYNOLaS as initial Trustee. WHEREAS, Grantor, in accordance with the terms of the Trust Agreement, designated Anita L. Reynolds as initial Trustee("Trustee"); and WHEREAS, the Trust Agreement is an irrevocable grantor trust for the benefit of Grantor. The rernainder beneficiaries are Anita L. Reynolds, Alan D. Brigham, Douglas C. Brigham, Randy Brigham and Jaclyn Brigham; and WHEREAS, Grantor now wishes to amend the Trust Agreement to remove Anita L. Reynolds as Trustee and designate Daniel D. Brighain as Trustee with Alan Brigham remaining as alternate Trustee; and WHEREAS, Pursuant to Article Nineteenth, Grantor has the power to remove any Trustee and appoint a successor. NOW, THEREFORE, the Trust Agreement is hereby amended as follows: SECTION NINETEENTH shall be revoked in its entirety and shall be replaced with the following: NINETEENTH The following person is hereby appointed as Trustee: 1. DANIEL D. BRIGHAM provided he is able to perform such duties. 2. In the event that DANIEL D. BRIGHAM is unable to perform such duties, or shall resign as Trustee, ALAN D. BRIGHAM shall act as Trustee. The Grantor shall have power to remove any Trustee and to designate additional Trustees or Successor Trustees. Any designation shall be revocable at any time prior to the qualification of the person so designated. EXHIBIT � B ; � In all other respects, the Tntst Agreement of December 16, 2008, shall re ; main the same. This Amendment is executed on the /�day of �y j �'��' , 2014. � WITNESSES: i I � � � � j w�c o� � . , � i,orraine Brigham, Grantor COMMONWEALTH OF PENNSyLVANIA • COLTNTy pF DAUPHIN � SS On the /07� day of i �/,/�2� Notary Public iil and for the Commonwealth of Perulsylvania a�ld Count afo• , 2014, before me the subscriber, a appeared Lorraine Brigham, as Grantor and Beneficiary, and in due form of]aw acicn the foregoing First Amendment to the Trust Agreement to be ller a y jesaid, personally same to be recorded as such. oWledged ct and deed and desired the WITNESS my hand and seal the day and year afoi•esaid. , C���y��i,�� `' '/ �l � �. Notary Public � COMMONWEAL7}i Op pEfVNSYLVHNIA NoWrlalSeal Melissa M.Kaln,Notary Public Susquehanna T1vp,,Dauphin Caunty My Commisslon Explres Aug.il,2014 2 CONSENT TO TRUST TERMINATION AND DISTRIBUTION TO DANIEL D. BRIGHAM, TRUSTEE OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST AGREEMENT: I, Anita L. Reynolds, as a beneficiary of The Lorraine Brigham Irrevocable Trust, do hereby consent to the termination of said Trust and to the full distribution of the assets in the trust, including principal and accrued income, to the Grantor, Lorraine �righam. I understand that by signing this consent, I am forever and irrevocably surrendering any and all rights, which I may have under the terms of the Trust. Dated this�_�day of � �L� , 2014. itness: �� � - � Anita L. Reynolds EXHIBIT � c CONSENT TO TRUST TERMINATION AND DISTRIBDTION TO DANIEL D. BRIGHAM, TRUSTEE OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST AGREEMENT: I, Alan Brigham, as a beneficiary of The Lorraine Brigham Irrevocable Trust, do hereby consent to the termination of said Trust and to the full distribution of the assets in the trust, including principal and accrued income, to the Grantor, Lorraine Brigham. I understand that by signing this consent, I am forever and irrevocably surrendering any and all rights, which I may have under the terms of the Trust. Dated this � day of v v S� , 2014. Witness: ���� � � � Alan Brigham EXHIBIT � D CONSENT TO TRUST TERMINATION AND DISTRIBUTION TO DANIEL D. BRIGHAM, TRUSTEE OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST AGREEMENT: I, Douglas C. Brigham, as a beneficiary of The Lorraine Brigham Irrevocable Trust, do hereby consent to the termination of said Trust and to the full distribution of the assets in the trust, including priric;�a1 and accrued incc�me, to the Grantor, Lorraine Brignam. I understand that by signing this consent, I am forever and irrevocably surrendering any and all rights, which I may have under the terms of the Trust. t Dated this ;;� day of��!�,*s,,,�,.:�'' , 2014. Witness: , �/ � ., � . '\ �� 1 � � 4 "�'�r , � �' C�� � `� � � ._ ,� � " �; ` Douglas . Brigham EXHIBIT � E CONSENT TO TRUST TERMINATION AND DISTRIBUTION TO DANIEL D. BRIGHAM, TRUSTEE OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST AGREEMENT: I, Randy Brigham, as a beneficiary of The Lorraine Brigham Irrevocable Trust, do hereby consent to the termination of said Trust and to the full distribution of the assets in the trust, including principal and accrued income, to the Grantor, Lorraine Brigham. I understand that by signing this consent, I am forever and irrevocably surrendering any and all rights, which I may have under the terms of the Trust. Dated this�day of �UCgu S� , 2014. Witness: �� �� � ' : � � � Rand righam EXHIBIT � F CONSENT TO TRUST TERMINATION AND DISTRIBUTION TO DANIEL D. BRIGHAM, TRUSTEE OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST AGREEMENT: I, Jaclyn Brigham, as a beneficiary of The Lorraine Brigham Irrevocable Trust, do hereby consent to the termination of said Trust and to the full distribution of the assets in the trust, including princip�l and accrued income, to the Grantor, Lorraine Brigham. 1 understand that by signing this consent, I am forever and irrevocably surrendering any and all rights, which I may have under the terms of the Trust. Dated this�day of °--�- , 2014. Witness: vi� �i �. Jac Bri m EXHIBIT � G CONSENT TO TRUST TERMINATION AND DISTRIBUTION TO LORRAINE BRIGHAM, GRANTOR OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST, AND TO ALAN D. BRIGHAM, ANITA L. REYNOLDS, DOUGLAS C. BRIGHAM. RANDY BRIGHAM, AND JACLYN BRIGHAM, BENEFICIARIES OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST: I, Daniel D. Brigham, as Trustee of The Lorraine Brigham Irrevocable Trust, do hereby consent to the termination of said Trust and to the full distribution of the assets in the trust, including principal and accrued income,to the Grantor, Lorraine Brigham. I understand that by signing this consent, I am forever and irrevocably surrendering any and all rights, which I may have under the terms of the Trust. Dated this `l�� day of , 2014. Witness: � � b iel D. Brigham, Trustee EXHIBR � x CONSENT TO TRUST TERMINATION AND DISTRIBUTION TO DANIEL D. BRIGHAM, TRUSTEE OF THE LORRAINE BRIGHAM IRREVOCABLE TRUST AGREEMENT: I, Lorraine Brigham, as Grantor and income beneficiary of The Lorraine Brigham Irrevocable Trust, do hereby consent to the termination of said Trust and to the full distribution of the assets in the trust, including principal and accrued income, to me, Lorraine Brigham. I understand that by signing this consent, I am forever and irrevocably surrendering any and all rights, which I may have under the terms of the Trust. Dated this�day of , 2014. Witness: � � 1 Lorraine Brigham EXHIBIT � I IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT,PENNSYLVANIA—CUMBERLAND COUNTY IN RE: : Orphans Court Division The Lorraine Brigham Irrevocable Trust : Agreement Dated 12/16/2008, as Amended: on March 12,2014 . . No. Daniel D. Brigham, Trustee . Lorraine Brigham, . Grantor/Settlor and Petitioner . : Judge CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition To Approve the Termination of Noncharitable Irrevocable Trust By Consent pursuant to 20 Pa. C.S.A. §7740.1 filed in the above-captioned case was served by first-class mail to each of the following: Alan Brigham Jaclyn Brigham 21 Heather Hills Drive 233 Hoomalu Street Oak Ridge,NJ 70438 Pearl City, HI 96782 Anita L. Reynolds Randy Brigham P.O. Box 1691 176 New Road Montague,NJ 07827 Montague,NJ 07827 Douglas C. Brigham Daniel D. Brigham P.O. Box 1431 5195 Winthrop Avenue Milford, PA 18337 Mechanicsburg, PA 17050 DATE: � � / Respectfully Submitted, B : eyers, sq.