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Home My WebLink About07-13-15 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: Richard G.Mains Sr. File No: r�5�- �� a: (Assigned by Register) a1k/a: ��a: Social Security No: 172-32-1541 Date of Death: July 5 2015 Age at death: 79 Decedent was domiciled at death in Cumberland County, Pennavlv�nia (sra�e)with his/her last principal residence at 3345 Ritner Hi�hwav Newville 17241 West Pennsboro Towl�shit� Cumberland County Street address,Post Offce and Zip Code City,Township or Borough County Decedent died at Carlisle Reg Med Center 361 Alexander Sprin�Rd Carlisle 17015 South Middleton Twp Cumberland Count PA Street address,Post OfTice and Zip Code City,Township or Borough County State Estimate of value of decedenPs property at death: If domiciled in Pennsylvania..................... ....... All personal property $ 750,000.00 If not domiciled in Pennsylvania. ......... .. ... ... .... .. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .................:::::: Personal property in County $ Value of real estate in Pennsylvania................ •.•••• � • ••• • $ 25��.�� TOTAL ESTIMATED VALUE. ... $ 775 000.00 Real estate in Pennsylvania situated at: Route#233 Newville 17241 West Pennsboro Twp Cumberland (Attach additional sheets,ifnecessary.) Street address,Post OfTce and Zip Code City,Township or Borough County �A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 23,2015 and Codicil(s) thereto dated N/A State relevant circumstances(e.g.renunciation,death of earecutor,etr.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS � B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above ancl complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS Petitioner(s),after aproper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): 0 Name Relationshi Address :, F—' � � � � rn � c-> :...� � p,. r ►–� ;n .�_ _� '> �,� J � � .. c'� � '�`1 � � C:." . � � �.'' O � p FormRW-02 rev. l0/II/20/I Page 1 of2 � rir.i..n�rri�r a Oath of Personal Representative ofs��a�vs�n�y � � m: � c� � �' c'; � � COMMONWEALTH OF PENNSYLVANIA } � � n � �n � S S: � r '""� D F-�+ r-., rn COUNTY OF } � ` � � ~'�`� p _..._ . _ ��Wy c� Petitioner s Printed Address �� Petitioner(s)Printed Name � ) - ` ' ,.� "'� n Shelva J.Mains 3345 Ritner Hi hwa Newville PA 17241 '�I �"- � � rn .� _ � � o The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decede t,the Peti ioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and_subscribed before L�;�=1a��_Date �S� me t 's .�r�lay of , ��'� Date By. , Date �e egister Date BOND Required: Q YES Q NO To the Register of Wills: FEES' Please enter my appearance by my signature below: Letter .. . . . . . . . . . . . . . . . . . . . . . $ v U/� v� Attorney Signature: ( /�Short Certificate(s).. . . . . ��Q'oo .�/ / (� )Renunciation(s).. . . . . . . . ` ' ��.� ,��' ( )Codicil(s). . . . . . . . . . . . . -�'2�i ,,'`, ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . .. . . . . Printed Name: Gary J.Heim,Lsq. Commission. . . . . . . . . . . . .. . . . . Supreme Court plthe , � o ID Number: 32774 /�— . . . . . . . . �� .J Firm Name: Mette,Evans&Woodside � ��(' ' n�/ , , _ , , , . . � C�' °p Address: '�df)1 Nnrth Frnnt Stree — „ _ , ,, , , P(l Rnx595Q . . , , , . , , Hasrrisburg PA 17110-0950 . . . . . . . . Phone: 717-232-�000 . . . . . . . . Automation Fee. . . . . . . . . . . . . . . �"� Fax: 717-236-1816 JCS Fee. . . . ,�. , ) U Email: �iheim(a�m .re.c�m TOTAL. . . . . . . . . . . . . . . .. . . $ "-$:68�_ � �h� DECREE OF THE REGISTER Estate of Richard G.Mains Sr. File No: �� 7✓� a/k/a: AND NOW, ��U �� , �� , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Shelva J.Mains in the above estate and(if applicable)that the instrument(s) dated Februarv 23 2015 described in the Petition be admitted to probate and file of ord as the last Will �and Codicil(s))of Decedent. � � � ��'��' � , � �.. '� �_ � ,'�� _�,,�<.� �- Register of Wills ,,� � '�-�-��-%' / � ,� Form RW-02 rev. 10/!l/20/1 ag 2 O�2 ,^"'i'!P�'I_II`�Il I1f = < REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA , � y �F cuMe _ , Ir' �,� ��,� ��` No. 2015- 00772 PA No. 21- 15- 0772 9 Es ta te Of: RICHARD G MAINS SR O D "i1 /First,Middle,Last) � `v La te Of: WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 1750 WHEREAS, on the 13th day of July 2015 an inst.�ument dated February 23rd 2015 was admitted to probate as the_� last will of RICHARD G MAINS SR lFirst,Midd/e,Lastl late of WEST PENNSBORO TOWNSH/P, CUMBERLAND County, who died on the 5th day of July 2015 and, WHEREAS, a true copy of the will as probated zs annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonweal th of Per.zrisylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: SHEL VA J MAINS who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, a11 of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 13th day of July 2015. _�_'_��_��f _��_�� Ci � '=� - � � �. Register of Wills F-- L�.. ltl _1 } � ��+ ) f� �(��/� �'' O J r--i � C�`^ f i \ �i� ' / �. i/l ,��"'`"`-''�� +� e.k._ � t_..;'+ ' - --- 5..�� , ' /,; Deputy � v �--, o r� '= � �-°°� �� c� �= c'�^� � � � w �'-�' r--i ._.3 � � -- � H = cJ7 J � GL m � w � Q � �� G3 c., **NOTE** ALL NAMES ABOVE APPEAR (FIRS'T, 1�IIDDLE, LAST) ��v � o � �' � Q � f't� �� 7 C.,. G�.. "L7 � � �1 � � n � CJ') �.7 Last Will and Testamer�� :� w � � :_a :� Q �-�, ^�: :� 01 �r `'�� _�� c.3r� � n ---� r` m RICHARD G. MAINS, SR. `' o � � I, RICHARD G. MAINS, SR., of Newville, Cumberland County, and �cYvnnmonwealth of Pennsylvania, declare this to be my Last Will and Testament, and I hereby revoke all prior Wills that I may have made. ARTICLE I. TRANSFER OF PERSONAL AND HOUSEHOLD ITEMS TO MY SPOUSE. I give and bequeath my automobiles, clothing,jewelry, books, pictures, furniture, furnishings, and other personal or household items, together with all property insurance relating to such items, to my spouse, provided my spouse survives me for a period of thirty(30) days. ARTICLE II. TRANSFER OF PERSONAL AND HOUSEHOLD ITEMS IF MY SPOUSE DOES NOT SURVIVE ME. If my spouse predeceases me or if my spouse fails to survive me for a period of more than thirty (30) days, then my clothing, automobiles, jewelry, books, pictures, furniture, furnishings, and other personal or household items, together with all property insurance relating to such items, shall be transferred according to a list which I intend to attach to this Will. My guns shall pass to my son, RICHARD G. MAINS, JR. If there is no list, then atl other personal and household items shall be paid over and transferred to my children according to their own arrangements. If they cannot agree or arrange for a division in a friendly way, then my Executor may distribute or dispose of those items in any way he deems to be fair, including private sales or a public sale. I recummend that my children select items in order of oldest to youngest until all items are selected or there is no other interest in remaining items. Mains Richard Will 2/3/2015#42952 ,� ��-•�••,�,��.,, ,- If any minor becomes entitled to any items under this Article, thase items may be delivered to the minor whenever my Executor decides, provided that the transfer shall take place not later than the date when the minor reaches the age of eighteen (18). ARTICLE III. SPECIFIC BEQUEST. I give the sum of Twenty-five Tr�ousand and 00/100 ($25,000.00) Dollars to THE FIRST UNITED PRESBYTERIAN CHUF�CH OF NEWVILLE for its building fund and if there is no building fund at that time, then for the Church's general purposes according to the specific direction of the Session of the Church. ARTICLE IV. REMAINDER AND RESIDUE. A. All other property that I may own or that I may be entitled to dispose of or to appoint at the time of my death, I give, devise, bequeath, and appoint to my spouse. B. My spouse may find it appropriate to disclaim all or part of the residuary bequest made to my spouse under Article IV-A above for tax planning or other purposes. I give any such disclaimed property, and any other property or interests in property which may become payable to my Executor or my Trustee by reason of a disclaimer or a renunciation by my spouse, to my Trustee, IN TRUST, NEVERTHELESS, according to the terms and provisions of Article V below. C. If my spouse predeceases me, then all the remainder of my property shall be distributed as provided in Article V-C below. ARTICLE V. THE MAINS DISCLAIMER TRUST. If my spouse renaunces or disclaims property or interests in property that have been given to my spouse pursuant ta Article IV-A above, such property or interests in property shall be held, managed, invested and reinvested, and the income and principal thereof shall be distributed from time to time as set forth below in this Article. This trust shall be known as the Mains Disclaimer Trust. 2 � ,ir,,� ,u arn�r , A. If my spouse survives me, my Trustee shall pay income in quarterly or more frequent installments to my spouse during my spouse's lifetime. My Trustee mdy also, in his sole discretion, make principal distributions to or for the benefit of my spouse for my spouse's health, support, maintenance, or education, but before making any principal distributions, my Trustee shall take into account all of my spouse's other readily available assets and financial resources, including entitlements to federal, state and local public assistance benefits. My spouse shall also have the right and power to invade the principal of the trust for my spouse's own reasonable comfort, maintenance, support, medical care, or education, provided that this power to invade shall be limited to the sum of Five Thousand and 00/100 ($5,000.00) Dollars per year or five (5%) percent of the trust principal per year, whichever is larger. Any right or power to withdraw principal during a particular year shall lapse if not exercised during that year. If these powers to withdraw are enlarged or reduced by the United States Internal Revenue Code, then my spouse's power to withdraw shall be enlarged or reduced accordingly to the extent that it will not result in the trust prirrcipal being taxed in the estate of my spouse. B. My Trustee shall distribute all or any part of the principal in the Mains Disclaimer Trust to any one or more of my children, grandchildren, or other issue in such shares or amounts and on such terms as my spouse shall appoint: (1) by a written instrument executed by my spouse and delivered to the Trustee during my spouse's Iifetime; or(2) by my spouse's Will. My spouse shall be regarded as having appointed the said property only in the event that my spouse refers in such written instrument or in my spouse's Will specifically to this power of appointment. Subject to the above restrictions on the exercise of this power of appointment, my 3 ,� ,i;�.,�.,,u vrrin � spouse may appoint outright or in trust; may select a trustee or trustees if my spouse appoints a trust; may create new powers of appointment in a trustee or trustees or in any other appointee; may establish such administrative powers for a trustee or trustees as my spouse deems appropriate; may create life interests or other limited interests in sorrae of the appointees with future interest in favor of other appointees; may impose lawful conditions on an appointment; may appoint to one or more objects of this power to the exclusion of other objects; may appoint different types of interest to different objects; may impose lawful spendthrift provisions; and generally may appoint by deed or will in any manner, provided, always, however, that no appointment shall benefit directly or indirectly one not an object of this power; and provided further that this power shall not be exercised in any manner to discharge the legal obligations of my spouse. Under no circumstances shall my spouse have the power under this Article V-B to appoint any part of the principal of the Mains Disclaimer Trust to my spouse, my spouse's estate, my spouse's creditors, or the creditors of my spouse's estate. To the extent that my spouse fails to exercise the fore�oing powers of appointment, my Trustee shall continue to hold, administer, and distribute the property and the assets of the Mains Disclaimer Trust according to the terms of this Will; and upon the death of my spouse, the remaining principal shall be held or distributed and paid according ta Articles V-C, and VI below. C. After my spouse's death, or after my death if my spouse daes not survive me, this Mains Disclaimer Trust shall terminate and the assets shall be distributed as follows: 1. I give my son, RICHARD G. MAINS, JR., all of my interest in the Richard Mains Seeds business, if he is then living. If he is not then living, this gift shall be null and void. 2. I give my son, RICHARD G. MAINS, JR., my rock removal equipment, if he is then living. If he is not then living, this gift shall be null and void. 3. The remaining principal and income of this Mains Disclaimer Trust shall be 4 �,,.m�,,.�.,�,��.�� divided into four(4) equal shares. One equal share shall be paid over and transferred to each of my children, subject to the terms of Article VI below; and if a child fails to survive me, then to his or her issue, per stirpes. References in this Will to my children shall include SHEREE A. CLELAN, WENDY S. GUMP, TERESA K. BEAR and RICHARD G. MAINS, JR. If there are no issue of a deceased child who are living at the time of the death of the survivor of my spouse and myself, that deceased child's share or trust fund shall be divided and paid over in equal shares among the other shares or trust funds created herein for the benefit of my other children, on a per stirpes basis. The share of any deceased child's issue under the age of thirty(30)years shall continue, IN TRUST, NEVERTHELESS, for the benefit of that particular issue until he or she attains the age of thirty(30)years, at which time all accumulated income and all principal shall be paid over and transferred to such issue, and the trust for that issue shall then terminate. During the term of the trust for such issue, income and/or principal shall be paid in such sums and amounts as my Trustee may, in his sole discretion, determine to be reasonably necessary for the health, support, maintenance, or education of such issue. ARTICLE VI. OPTION TO PURCHASE FARM ASSETS. A. I give, devise, and bequeath unto my son, RICHARD G. MAINS, JR., if he is then living, the option and automatic right to purchase the following farm assets and business interests for the following amounts from my estate, the Mains Disclaimer Trust and/or the beneficiaries of my estate or the Trust: 1. The Shearer House and small lot known as Tax Parcel Number 46-10-0620- 019, together with all of the dwellings, buildings, structures, and fGxtures located thereon and any insurance on that real estate for three quarters (3/4) of the appraised fair market value at the time of the exercise of this option for a 100% interest in that property. 5 .�.ry—qg�,��nll'AG�IlI.�.. A 2. The Mac Nelson Farm consisting of approximately 104.5 acres and known as Tax Parcel Number 46-08-0589-014, together with all dwellings, buildings, structures, and fixtures located thereon and any insurance on that real estate, for three quarters (3/4) of the appraised fair market value for Clean and Green purposes, whether or not the property is enrolled, at the time of the exercise of this option for a 100% interest in that property. If my said son does not exercise this option and automatic right to purchase, my daughter, SHEREE A. CLELAN, if then living, shall have the second option and automatic right to purchase under the same terms and conditions. If neither of the above parties exercises their option and automatic right to purchase, my son-in-law, ERIC S. BEAR, if then living, shall have the third optian and automatic right to purchase under the same terms and conditions, provided he is then married and living with my daughter and neither he nor my daughter have commenced divorce proceedings. 3. The Piper Farm consisting of approximately 217.89 acres and known as Tax Parcel Number 46-09-0519-025, together with all dwellings, building:�, structures, and fixtures located thereon and any insurance on that real estate, for three quarkers (3/4)of the appraised fair market value for Clean and Green purposes, whether or not the property is enrolled, at the time of the exercise of this option for a 100°/a interest in that property. If my said son does not exercise this option and automatic right to purchase, my daughter, SHEREE A. CLELAN, if then living, shall have the secand aption and automatic right to purchase under the same terms and conditions. , B. I give, devise, and bequeath unto my daughter, SHEREE A. CLELAN, if then living, the option and automatic right to purchase the following real estate for the following amounts from my estate, the Mains Dislciamer Trust, or the beneficiaries of my estate or the Trust: 6 1. The Gettle Farm consisting of approximately 51.9 acres and known as Tax Parcel Number 31-10-0622-012D, together with all dwellings, buildings, structures, and fixtures located thereon and any insurance on that real estate, for three quarters (3/4) of the appraised fair market value for Clean and Green purposes, whether or not the property is enrolled, at the time of the exercise of this option for a 100% interest in that property. If my said daughter does not exercise this option and autamatic right to purchase, my son, RICHARD G. MAINS, JR., if then living, shall have the second option and automatic right to purchase under the same terms and conditions. C. The options granted herein shall begin immediately upon the death of the survivor of my spouses and I and shall continue for a period of one (1)year. The options may be exercised at any time during said one (1) year period by giving written notice of the intent to exercise the option by certified mail, postage prepaid, to the then owner, whether they be the personal representative, the trustee, the heirs, devisees or legatees. If an option is note exercised within the one (1) year period, the option shall expire and the named person shall have no further rights to purchased according to the terms and conditions of this Will. Upon the expiration of the first persons rights, the second named persons option rights shall commence and continue for a similar one (1)year period. ARTICLE VII. APPOINTMENT OF EXECUTOR. I appoint my said spouse to be Executor of this my Last Will and Testament. In the event that my spouse is unable or unwilling to act or to continue to act in said offices, then I appoint the following as alternates with all the same powers: First Alternate Executor: My son, RICHARD G. MAINS, JR., and my daughter, SHEREE A. CLELAN. The persons serving as Executor, other than my spouse, shall be paid a reasonable fee for 7 ,,�r �,,rr,.0�rnsr , the responsibilities assumed in acting as a fiduciary for my estate. It is my desire that this fee actually be paid and not be waived by the persons serving as Executor�. ARTICLE VIII. APPOINTMENT OF TRUSTEE. I appoint my son, RICHARD G. MAINS, JR. and my daughter, SHEREE A. CLELAN, to be Trustees of the Mains Disclaimer Trust and of any other trusts created in this Will. The persons serving as Trustee shall be paid a reasonable fee for the responsibilities assumed in acting as a fiduciary for my trusts created under this Last Will and Testament. It is my desire that this fee actually be paid and not be waived by the persons serving as Trustee. ARTICLE IX. DISCHARGE AND APPOINTMENT OF TRUSTEE. My spouse shall have the power at any time to remove or discharge a Trustee(s)of the Mains Disclaimer Trust. If my spouse removes or discharges a Trustee(s)then the co-trustee(s) or alternate trustee(s) named in Article VIII above shall serve and if there is no remaining co-trustee(s)or alternate trustee(s) named in Article VIII above, then a successor Trustee shall be appoinl:ed by formal court proceedings. In the event of the death, resignation, or incapacity of the TrusteP of the Mains Disclaimer Trust, then the co-trustee(s) shall serve and if none, then any alternate Trustee named above shall serve in his place and if there is no alternate Trustee named, then a successor Trustee may be appointed by a letter signed by at least a majority of the inccame beneficiaries (or their legal representatives) entitled to receive income at the time of the appointment. Any successor Trustee shall have all the rights, title, powers, and discretion given the original Trustee. ARTICLE X. INSTRUCTIONS REGARDING FIDUCIARIES. In the event that co-fiduciaries have been named for one or more of the fiduciary positions above, ar�id if one or more of the 8 �., ��,,",�.��..�.�� , co-fiduciaries is discharged or is unable or unwilling to act or to continue to act in said office, then the other co-fiduciary(ies) may continue to serve without the need for the appointment of another co-fiduciary or the appointment of an alternate fiduciary ta serve in his/her place. Any reference to my "Executor," "Guardian," or"Trustee" in my Will shall be deemed and taken to include each and every person or party named or appointed to serve in that office, whether there is one or more than one. Also, any reference to the masculine in my Will as it relates to my Executor, Guardian, or Trustee shall also include the feminine or the neuter wherever necessary. ARTICLE XI. DEFINITIONS. Any reference to my"spouse" in my Will shall be a reference to my spouse, SHELVA J. MAINS. ARTICLE XII. ADDITIONAL PARAGRAPHS. I hereby incorporate by this reference the six (6) pages of General Provisions which are attached to this Will and made a part hereof by this reference. These General Provisions are intended to provide instructions and directions for the settlement of my estate, for the administration of any trusts, for all possible tax savings, and for the orderly transfer of my property according to the terms of my Will. ARTICLE XIII. PRESUMPTION OF SURVIVORSHIP. If my spouse and I die under circumstances which make it impossible to determine who died first, my spouse shalt be presumed to have survived me for purposes of this Wil�. ARTICLE XIV. SPECIAL PROVISIONS FOR FARM AND BUSINESS INTERESTS. My intentions with regard to any farm or business interest which I own are to keep and preserve the farm or business interest as a going enterprise for the benefit of my family, particularly those who want to continue the farm or business operation. My further instructions concerning any farm and business interest which I may own are set forth below in this Article and in the General Provisions of my Will: 9 �� ,r,,..0 m•ntr s A. If I have made arrangements in writing for any or all of our farm or business interests (including, among.other things, lease agreements, purchase options, rights of first refusal, partnership agreements, corporation shareholder agreements, or other business operating agreements) I direct my spouse, my family members, and my Executor and Trustee to make every effort to carry out those arrangements. Those arrangements are intended to help my spouse and my family, particularly those interested in the farm or other business, to continue to operate any farm and business interests and to keep the ownership of those assets within my family and the family members who are operating the farm or other business. B. If I have not made any written arrangements for farm or business interests which I own, it is my intention that any farm or business interests be kept in my family if that is at all possible. In order to make my intention clear, I direct my Executar and Trustee to proceed with any and all necessary plans and arrangements for the continuation of the farm, the business, or the farm and business operations. These arrangements for my family members who might wish to purchase the farm or business could include, among other things: leases; options to purchase; long term purchase plans at interest rates below local real estate mortgage rates; and arrangements for other family members who might be entitled to share in the estate or trusts so that they receive their shares from non-farm assets or in the form of rights to receive part of the purchase price of the farm or business assets payable over a long term by my family members purchasing the farm or business. I expect my Executor and Trustee to develop these and any other plans which might allow my family members to own and/or operate the farm and business interests, and allow other family members to receive their shares of the estate or trusts. ARTICLE XV. SPECIAL PROVISIONS CONCERNING MAINS DISCLAIMER TRUST AND FARM ASSETS IN TRUST. Article V-B gives my spouse a limited pawer of appointment over the assets placed in the Mains Disclaimer Trust upon my death. An important purpose of this 10 .,�.�7 ,ii�,.,�n nrri�r , limited power of appointment is to permit my spouse to change and adjust the terms of our present plans for the distribution of our assets among our children as the circumstances and situations of our children may change and as the economics of the farm business and farm industry may change. This limited power of appointment will provide the flexibility that is needed not only to insure our goal of continuing the farm operation or business in our family, but to treat the other children (non-farm children)fairly. I would encourage my spouse to review the distributive provision of the Mains Disclaimer Trust as set forth above periodically to insure that it continues to accomplish those goals. Because the distribution of the assets from the Mains Disclaimer Trust is based on a distinction between farm assets and non-farm assets, it is my intention that the Trustee will, to the extent possible, maintain the same proportionate amounts of farm and non-farm assets in the trust throughout the term of the trust. Furthermore, if any principal is paid from the Mains Disclaimer Trust to my spouse or my children according to the special terms of Article V-A above, I direct that non-farm assets rather than farm assets be used to satisfy those principal distributions and that my Trustee take into account my desire to preserve the farm assets for my children before making any principal distributions requiring the sale or transfer of farm assets. ARTICLE XVI. SPECIAL PROVISIONS CONCERNING FARM REAL PROPERTY. My Executor and/or Trustee are specifically directed to honor all leases in place for the use of my farm real property until such time as a parcel is sold by my estate and/or trust. It is my intent that the person's leasing such property at the time of my death be able to continue to do so for as long as the real property is controlled by my estate and/or trust. Any such lease is subject to reasonable increases and/or decreases in annual rental amounts when being renewed following my death provided however that any such increase and/or decrease shall result in the per acre rental rate being consistent with the then generally accepted farm lease rates in Cumberland 11 �,-.� ��,�,,.n m.nn � County, Pennsylvania at the time of renewal. IN WITNESS WHEREOF, I, RICHARD G. MAINS, SR., the Testator, have to this my Last Will and Testament, typewritten on twelve (12) sheets of paper(including the witnesses' � signatures), of which this is Sheet No. 12, set my hand and seal this r;`,; day of � � �� , 2015. �� ✓''��%��J.�..,��,� (SEAL) icht�ard G. Mair�s, Sr. SIGNED, SEALED, PUBLISHED, AND DECLARED, by the above-named, RICHARD G. MAINS, SR., as and for his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto subscribed � ��,, our names as witnesses this��day of 1�'C.��,�� , 2015. ,�,t .t. � ADDRESS ��t-� ,� �,, r�_., ,. �/�` Witness Town an�c.' State , ; ��` � ,•'� . �� (�, ADDRESS � C �� Witness Town an i`ate �c�-u,�i-�- � . �� ADDRESS ��s� �/� Witness Town and State 12 °-^w ,rr� rir�rn�r � ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : The Testator, Richard G. Mains, Sr., whose name is signed to the foregoing instrument and the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do hereby declare to the undersigned authority tk�at the Testator signed and executed the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses, in the hearing and presence of the Testator, signed the Will as a witness; and that to the best of their knowledge and belief the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. �Pz ,,� , ��..�(SEAL) Rich rd G. Mai s r. � .._.�:�__... (SEAL) Witness .�-�: . � � �.��;,�^�.., .�' (SEAL) Witn ss �--�u,r-�,ti � . �i'��E� ��-Y� ,,,., (SEAL) � Witness � Subscribed, sworn to and acknowledged before me by Richard G. Mains, Sr., the Testator, / �... and subscribed and sworn to before me by /�� t.u-- .l sa ,��t�-�.--- , �� and ��7'�C,+ c� rt . ��.��.�-��°��1 , the witnesses, this � �_ �, . � � �1 day of � 1� � , 2015. , � � ` `�/ r_..,, ,, (Notary Public) �r �Ot�'P10NtNE4LTH OF F':=NNSYLVANIA Notarial 5+'al Jul(a A.Wiem�n, No�ary Public 13 ' SNver Spring Twp., Cun'it>erland County � tdy Commission Expire�s Aug, 28, 2017 'F;•:6ER. t�EtillSYL4ANIA ASSO(.IFl10f! OP NOTP.WkS� . . ,,""1 9,":f'f1111�f111._ r GENERAL PROVISIONS These General Provisions are intended to be and are a part af my Last Will and Testament and are to provide instructions and directions for the settlement of my estate, for the administration of any trusts, for possible tax savings, and for the orderly transfer of my property according to the terms of my Will. A. ADMINISTRATIVE PROVISIONS SECTION I. DISABILITY, INCAPACITY, AND MINORITY OF BENEFICIARIES. If any beneficiary of my estate or any trust created in my Will is a minor or becomes disabled or incapacitated by reason of illness, advanced age, accident, or any other cause, and if the beneficiary is entitled to any income or principal, then my Executors, Guardians, and Trustees may apply income or principal from time to time directly for the beneficiary's support, maintenance, education, and health needs instead of being paid to such beneficiary or that beneficiary's guardian or conservator. Any remaining income or principal for that beneficiary shall be held as a separate trust for that beneficiary, and my Trustees may use income or principal from that separate trust for the beneficiary's support, etc., as set forth above. The remainder shall be invested and paid over to the beneficiary when, in my Trustees' opinion, the beneficiary becomes free of the disability and/or attains the age of majority as defined in this Will. SECTION II. PROTECTIONS FOR BENEFICIARIES. The rights and interests of each beneficiary in the income or principal of any trust created in my Will shall be free from the control, interference, or claims of any creditor of that beneficiary or any spouse of a married beneficiary and such rights and interests shall not be subject to execution, levy, attachment, anticipation, assignment, pledge, or alienation. SECTION III. TRUSTEE ACCOUNTING. The Trustees of any trusts created herein shatl each year render an account of their administration of each trust hereunder to the person or persons (or such person's or persons' guardian or guardians)who may receive the income thereof. Such person's or persons' (or the guardian's or guardians')written approval of such account shall, as to all matters and transactions stated therein or shown thereby, be final and binding upon all persons (whether in being or not)who are then or may thereafter become interested in or entitled to share in either the income or principal of the trust. SECTION IV. WAIVER OF BOND. To the extent that such requirements can be legally waived, I direct that no Guardian, Executor, Trustee, or other fiduciary named in my Will or any successor fiduciary shall ever be required to post any bond or give any security in connection with its duties, whether in the State of Pennsylvania or elsewhere. SECTION V. TRUSTEE DISCRETION TO DISTRIBUTE PRINCIPAL AND INCOME. If any trust created under the provisions of this Will authorizes my Trustees to pay income or principal or both to any one or more persons in a specified class, my Trustees are authorized to pay any part or all of such income or principal to any one member of such class to the exclusion of all of - 1 - .a�.� �,.i�°u—m�nrr � the others, or to some members of the class to the exciusion of others, and in such amounts or shares, equal or unequal, and at such time or times, as they, in their sole discretion, deem advisable. SECTION VI. Should the principal of any trust in my Will become too small, or should its administration be or become impractical for any reason, so as to make continuance of the trust inadvisable, in my Trustee's sole discretion, my Trustee may make imrnediate distribution of the then-remaining principal and any accumulated or undistributed income outright to the remainder beneficiary or beneficiaries of such trust or trusts determined as if the trust had otherwise terminated at that time. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income or remainder beneficiary shall cease. If any beneficiary to receive distribution is a minor or disabled in any way, Trustee may pay such share to the parent, guardian, or person or organization taking care of that beneficiary, or may deposit such share in that beneficiary's name in a savings account in any financial institution, including a savings account operated by the Trustee, payable to the beneficiary at the termination of legal incapacity. B. TAX PROVISIONS SECTION VII. It is my intention that the trust principal of the Lastic Disclaimer Trust shall be excluded from my spouse's estate upon my spouse's death. Notwithstanding any provision to the contrary in this Will, none of the powers or rights or discretions granted in any provision of my Will to the Trustees and the trust beneficiaries of the Lastic Disclaimer Trust shall be permitted to be exercised in a manner that would cause the trust principal of the Lastic Disclaime�Trust to be included in my spouse's estate. SECTION VIII. Except as otherwise provided in my Will, I direct my Executors to pay or otherwise satisfy out of the Lastic Disclaimer Trust, and if there is no Lastic Disclaimer Trust created, then out of my residuary estate, all debts, administration ex�enses, and all estate, succession, inheritance, transfer, and other death taxes and duties which shall be levied or assessed in respect of my death whether or not imposed in respect of property passing under my Will and imposed by any governmental authority, domestic or foreign. SECTION IX. In accordance with the Tax Reform Act of 1976, the Revenue Act of 1978, the Economic Recovery Tax Act of 1981, and the Tax Reform Act of 1984 and their supplements and amendments, I intend that those sections of my Will which relate to tax planning be interpreted by reference to the following: A. If any tax or other advantages are available to my estate and my heirs as a result of future changes to the federal or state tax laws, I intend that this Will be interpreted in such a way that all tax advantages will be used in my estate and by the fiduciaries who work with my estate and any trusts created in this Will. - 2 - K.�_,n.,i...u—Arrim � B. If the marital deduction is available in my estate, then it is my intention to make use of the marital deduction in such a way that the death taxes paid by my estate and later by the estate of my surviving spouse are kept to a minimum. C. If my death should occur after other changes are made in the tax laws and if, as a result of those changes, larger deductions and credits are available, I direct that my Will be interpreted as if I had written a new Will to take advantage of the most current deductions and credits permitted by state and federal tax laws. C. MANAGEMENT PROVISIONS SECTION X. GENERAL EXECUTOR AND TRUSTEE POWERS. In extension and not in limitation of the powers given them by law or other provisions of this Will, my Executors and Trustees shall have the following powers, applicable to all property held by them, in each case to be exercised from time to time in their discretion, without court order and until actual distribution: A. To retain any property or any undivided interest therein, regardless of any lack of diversification, risk, or nonproductivity and without being limited by any statute or rule of law concerning investments by fiduciaries; B. To invest and reinvest in any property or undivided interests therein, without being limited by any statute or rule of law concerning investments by fiduciaries; C. To sell any property, for cash or on credit, at public or private sale; to exchange any property for other property; to grant options to sell or to purchase or acquire any property; and to determine the prices and terms of sales, exchanges, and options; D. To execute leases and subleases, even though such I�ases may extend beyond the settlement of the estate or the termination of the trust; E. To borrow money and to mortgage or pledge any estate or trust property; F. To take any action with respect to conserving or realizing upon the value of any property and with respect to foreclosures, reorganizations, or other changes affecting the estate or trust property; to collect, pay, contest, compromise, or abandon demands of or against the estate or trust, wherever situated; and to execute contracts, notes, conveyances, and other instruments, including instruments containing covenants and warranties binding upon and creating a charge against the estate or trust; and containing provisions without disclosure of any fiduciary relationship; G. To employ agents, attorneys, auditors, depositaries, and proxies, with or without discretionary powers and to remunerate them and pay their expenses; - 3 - �,��_,h,.i,.0.m`nrr � H. To determine the manner of ascertainment of income and principal and the apportionment between income and principal of all receipts and disbursements, and to select an annual accounting period; I. To receive additional property from any source and add it to and commingle it with the estate or the trust; J. To enter into any transaction authorized by this section with Trustees or legal representatives of any other trust or estate in which any beneficiary hereunder has any beneficial interest, even though any such Trustee or legal representative is also Trustee hereunder; K. To make any distribution or division of the estate and trust property in cash or in kind or both and to allot different kinds of disproportionate shares of property or undivided interests in property among the beneficiaries or portions, and to deterrnine the value of any such property; and to continue to exercise any powers and discretion herein given for a reasonable period after the termination of the trust, but only for so long as no rule of law relating to perpetuity would be violated; L. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such periods as they may deem advisable and with power to borrow money and pledge the assets of the business and do all other acts which I, in my lifetime, could have done or to delegate such powers to any partner, manager, ar employee, without liability for any loss occurring herein; M. To organize a corporation or corporations without leave of Court, to carry on any business in which I am engaged or in which I have an interest at the time of my death, by themselves or with others, and to contribute all or part of the assets of such business as capital to such corporations and accept stock in the corporations in exchange therefor; N. To hold property of separate trusts in common investments for convenience of investment or administration; O. To determine whether to claim deductions available ta me or to my estate on estate tax or on income tax returns, and to determine whether to use date of death or alternate valuation date values for estate tax purposes, in such manner as they consider advisable and without making any adjustment between income and principal or amang beneficiaries due to any such determination; P. To disclaim on my behalf any interest as my Executor or Trustee deems advisable. D. ADDITIONAL FARM AND BUSINESS PROVISIONS SECTION XI. It is my desire that my farm or other business interest will continue as a going enterprise for the benefit of my family, particularly those who will continue the farm or business - 4 - ��r,��r,�u��m�n�i � operation. I recognize those enterprises often produce less net income than would be produced if those businesses were liquidated and the proceeds invested in other ways. Accordingly, I authorize and empower my Executors and Trustees to retain my interests, whether as owner, partner, or shareholder, in my farm or other business property and to operate such enterprise as long as reasonably required to carry out my intentions expressed in this Will, even though it would not otherwise form a proper trust investment because it represents too great a concentration of investment in a single asset or produces a lower income on its asset value than another form of investment would, provided that my fiduciary, in its sole discretion, shall have the power to sell all or any of the farm or business assets when the continuation of the farm and business operation would no longer be economically reasonable and, therefore, would prejudice the interests not only of my beneficiaries generally, but also my farming children. In exercising the power hereby conferred, I further authorize my fiduciary to operate the farm or business in a manner that will maintain or improve its productive capabilities and preserve its structures, even though in doing so cash income is not maximized, and I direct that my fiduciary observe these principles even if such manner of operation results in favoring the beneficiaries who conduct or will conduct the farming or business operation over those who do or will not and also in furthering the long term over the immediate interest of my estate or trust. In addition to powers given them by law and by other provisions of my Will, my Executors and Trustees shall have the following powers, applicable only to my farm and business assets and interests, and these powers shall be effective without court order and until actual distribution: A. To operate or participate in the operation of the farm or business in the form of a partnership, corporation, limited partnership, or joint venture, and to change the form of such business organization as deemed appropriate; B. To operate the farm or business with hired labor, tenants, and sharecroppers; to engage agents, farm managers, attorneys, employees, and independent contractors; to delegate powers to any such agents, managers, attorneys, employees, or independent contractors as the fiduciary may deem advisable; C. To contract with competent farm management personnel for the management of the farming and other business interests; D. To purchase, sell, exchange, mortgage, pledge, lease (cash or on shares), or make other contracts with respect to real estate used or to be used in the farm or business operation which transactions, leases, and contracts may extend beyond the term of the settlement of my estate or termination of any trust herein; E. To sell, purchase, exchange, lease, pledge, mortgag�, or otherwise acquire or dispose of farm machinery, equipment, livestock, farm products, inventories, supplies, and services used in connection with the farm or business operation; F. To engage in crop and livestock farm business, including the raising, purchase, and sale of livestock and any farm products and crops whatsoever; - 5 - �„� �i,��u��ri�r , G. To construct, repair, improve, alter, and remove buildings, fences, and other structures of any kind on the real estate; H. To borrow money in connection with the construction, repair, alteration, or improvement of the buildings or other structures, the purchase of farm real estate, farm machinery, equipment, or livestock, the production, harvesting, and marketing of crops, and any other farm operations upon such terms and providing such security as my fiduciary shall determine; I. To make loans or advances to tenants, sharecroppers, employees, or any other persons, including my issue and their spouses, upon such terms and with such security as my fiduciaries shall determine; J. To enter into and perform contracts, notes, security agreements, and other arrangements relating to agriculture with a financial institution, the Commodity Credit Corporation, the Secretary of Agriculture of the United States or Pennsylvania, or any other officer or agency of the federal or state governments, or any corporation organized thereunder; to enter into crop or acreage reduction agreements; to make soil conservation commitments; and in general, to do all acts necessary to cooperate with any governmental agricultural program and to participate in and receive payments and other benefits and proceeds from such governmental agricultural programs; K. To choose the method of income tax reporting (cash, accrual, or other basis); to determine whether and to what extent receipts shall constitute income or principal and whether and to what extent expenditures shall be charged against income or principal and what other adjustment shall be made befinreen principal and income, and all the determinations are to be in the absolute discretion of my fiduciary and without regard to local rules of construction; L. To develop, sell, and lease natural resources such as timber, oil, gas, coal, or other minerals when it is in the best interest of the estate or trust, considering my primary intention to continue and preserve the farm and business operation; M. To follow approved soil conservation and other practices designed to conserve, improve, and maintain the fertility and productivity of the soil; N. To consent to election for special use valuation as authorized by Section 2032A of the Internal Revenue Code; to exercise rights or consents to pay death taxes in installments; and to consent or file elections or approvals as may be necessary under the Internal Revenue Code for other special tax savings and protections. (end of text) - 6 - 42952v1 ,.--�_,�,,,.,��•A��■�. �