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Home My WebLink About12-22-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Jane C. Fleming also known as COUNTY, PENNSYLVANIA File Number ~ (' `~ ~~ f ~-~ ~~ l ,Deceased Social Security Number 161-34-1943 David G Fleming - Petitioner(s), who is/are l8 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor last Wil{ of the Decedent dated May 1, 2009 and codicil(s) dated (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: B. Grant of Letters of Administration (!f applicable, enter: c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante 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 heirs: (If Adtnirtistration, 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 Residence ~'"' ~ ~r--~ ~ ~"~ ~.-. n C"") ~'~ ia~ ~..... ^ ~ f ~ i r _ _...._. _ . E....) ~.. ~c, . (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ .:C7 W ~ ~ ~ `~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residenc~'at •--~ 267 Ridge Hill Road Mechanicsburg Silver Spring Township Cumberland County PA 17050 ~' (List street address, town city, township, county, state, zip code) Decedent, then 65 years of age, died on December 11, 2010 at 267 Ridge Hill Road, Mechanicsburg, PA 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 (]f not domiciled in PA) Personal property in County Value ofreal estate in Pennsylvania situated as follows: Wherefore, Petitioners} respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: i Si nature T ed or tinted name and residence David G. Fleming, 267 Ridge Hill Rd, Mechanicsburg, PA 17050 $ 200,000.00 e named in the Form RW-02 rev. l~.l3.06 Page I of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners} and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the ~~~ day of ~~ 1 or e Regis r _.__,~ _ , .. ~'~ ~`~'..r~ Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative C ~ , T-~ ~ amt .,F/ ~ _ 1 4 File Number: ~ ~ -~ ~~.,F - I r~ t7 ~ ~ ~ ~ ~ --~ Estate of Jane C. Fleming O C r~ De~as~ C..J a " ;~>~~~ ~ r.l •) C~ ~~'~ :fi3 ^, ~: ~~:~ _ _r.. 4 ~~ ~~ Q Social Security Number: i61-34-1943 Date of Death: December 11, 2010 f'~.; ~' AND NOW, as+~4c?(~ YYl -~-~.-'~ .~ ~ ~ ~ > > ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to David G. Fleming in the above estate and that the instrument(s) dated May 1, 2009 _ described in the Petition be admitted to probate and filed of record as the last Will (sand Codicil(s)) of Decedent. {~ FEES Letters ......... ...... $ 260.00 Short Certificates 4~`~$4 16.00 Renunciation(s) .. ........ $ Automation Fee $ 5.00 JCS Fee .. $ 23.50 Will $ 15.00 ... $ ... $ ... $ ... $ ... $ ... $ TOTAL ...... ........ $ 319.50 ,~~ -~'- ~ Register of W~ ~~' ' +•_- ~ ,/ ~~ Attorney Signature: „~ ~ ~~ ~ Attorney Name: David M. Watts, Jr.. Esquire- ~ __ Supreme Court I.D. No.: 42232 ~. Address: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17 l 08-1166 Telephone: 717-237-5362 ~~~ n ~..~/' r L~~ ~ Form RW-02 rev. 1 x.13.06 Page 2 of 2 •+~~AL REGISTRAR'S {~ERTIFI~ATI~N OF ~EATI•~ ~~'~RNING: It is~ illegal tea duplicate this copy l~~f+ pi~~t~stat car phatograla~~ t'~_° I,ii ~I~i~- ,'t:(f1t1~.'LI[<'. ~t~li/t fir;, ,..,,,., ~ ~i. ( ~ ,~ r11:~,- (', (( t ~c IIl1tJC11)~i(IEIl1 ~i' IL ~~l\t~il I t'; ~t~. ~ ~ • '~ :t 4,'I ~a ~~it ' ~ f~c'atl~ ~~f'1! f e ~~)~ I~ ~ ~ , ~_, ~,~'~, ~~ ,~ r~)~~ ; i ~ , )~ , i i 1 r11+.!tll;t~ ~r' ~tt~~tt ~ h !. ~,il~ ,~ t ~: _ ~.~ ~.;1 l~~.4l1'~il~,.. -4 jet '~~ :i9~(~~1~ (f` (~~)'. `~Ixl(t ~~ 11~1~ I o ~, .~s ~ ~za ~A. ~ ~~ 'e`i){~:, ~;~ t a 'i 11 _-i1'.il)'tla.'111, El~)Ilrw ~~ 5 5 ~ 1 6 8 8 P 1 ' ~ ~! ~ . . .__ _ ~,. . tr L145 . - ----- _ _-- ---- ~~ ~ D ; --_ _. _. _ ----_--_- ___ -- 3 l~c,I-[iS~!t.(tr~t~. `titll,iR~~. "''~ ~ it_.,i 9:, ,. ~~;;_)ttr~ ~~,,((~'~.~ a.. y, n ~ ~. ~ t~7- ~ _. ~. ~ ~~ 1105.143 REV 11/2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PERMANENTN CERTIFICATE OF DEATH BLACK INK See instructions and exam les on reverse P STATE FILE NUMBER w 0 0 w z 1, Name of Decadent (Brat, middle, last, suNiz) 2. Sex 3. Social Security Number 4. Date of beam (Month, day, year) Female Jane Fleming 161 ! 34 - 1943 December 11 2010 5. Age (Last Binhdey) Under 1 year Under 1 da 6. Date of Birth (Monet, day, year) 7. BirmpWce (Ci and slate a country) 8a. Place of Death (Check only wle) 65 ~" `~~ M:wlee Sept . 21, 1945 Harrisburg , PA Fiosptai. Other. yre ^ Inpatient ^ ER ! OtNpalient ^ DOA ^ Nursing Home Residence ^Omer • Spectily: 66. County of Death &. City, Boro, Twp. of Death Bd. Facibly Name (If net instNutron, give street and number) 9. Was Decedem of Hispan'x: Origin? [~ No ^Yes 10. Race: American Indian, Black, White, etc. Cumberland Silver Spring 267 Ridge Hill Roadr Mechaniesbur g (lfyea.apecilycuban, (' Mexican, Puerto Rican, etc.) white 11. Decedent's Usual lion Kkld of work d one Burin rtes( of workin Iffe. Do nd state rebr 12. Was Decedent ever in the 13. Decedent's Education (Seedy Doty highest grade compl eted) 14. Mental Status: Marded, Never Married, 15. Surviving Spouse (If wife, give maiden name) rced S ecif ) Di ~~'~ Kill of Work Kind of Business / Irxhrstry U.S. Armed Forces? Elementary /Secondary (0-12) College (1.4 or 5+) p y vo ( ~ d M i David Fleming Sales Self- to ed ^Yes g]Nd 2 arr e ~ 16. Decedents Mailkt~ Address (Street, city /town, state, rip code) Decedent's lgivdeDin aedent 17c Decedent Lived in S i ~ t7 S 111 T ®Yes ~L=$ ~+p. P~ ~s 267 Ridge Hill Road , . , Aduel Residence 17a. seta Township? mberland 17d. ^ No, Decedent Uved within C Mechanicsburg , PA 17050 u 17b. County Actual Umits of City /Born 18. Feeler's Neme (Fst, middle, lest, suffix) Arthur Copenhaver 19. Mother's Name (First, middle, maiden surname) Ruth Lehman 20e. Informant's Name (Type I Prnt) David Fleming 20b. InfomreM's Maikng Address (Street, cNy !town, state, zip code) 267 Ridge Hill Road, Mechanicsburg, PA 17050 21 a. Method of Disposition i ~] Cremation ^ Donation 21 b. Date of DkWosNbn (Monet, day, year) 21c. Place of Disposllbn (Name of cemetery, aemat or other place) 21 d. Location (City /town, state, zip code) a l. Home Carl isle, PA 17013 ^ suds ^ Ramdva, from Stale (ties Crernatldn or Dortstion A°'ndr':ed pet Dec . 13 , 2010 Hof fman-Roth Funer ^ Omer - g~yfy. by Medial Examiner /Coroner? lay Yes ^ No ~ 22a. Signs. Funeral Serv (a 22b. license Numbaz 22c. Name and Address of Fadlity Hof fman-Rot Funeral Home & Crematory ~ f 138504 isle PA 17013 Complete Hems 23a•c certifying 23a. To the best of my knowledge, deem occured at me ixne, dais place stated. (Signature M title) nse Number 23b. Lic e 23c. Date Signed (Month, day, year) physician is not aveileble at bete of death to .P~ `~~ _ ( ~(v ~ 3 ~'' ~. ~ ~ j,•, ~ O / O 1 r~•l 1 / carUly cause of death. /~'I , j , Nems 2426 must be completed by person 24. Time of Deem 25. Date Promauncad Dead (Month, day, year) 26. Was Case Refened to Medical Examiner / Coroner for a Reason Omer than Cremation a Donation? ,' who pronourxxrs deem. u / ~ ~ ~ P M, ` ~- J l) I ~ O 1 d ^Yes ~No CAUSE OF DEATH (See instructions end examples) r Approximate interval: Part II: Enter other siwdficarit condtions contrtbutiad to deem, 28. Did Tobacco Use Conbibute to Deam? Item 27. Pen I: Erner me main devents -diseases, injuries, a campficatkxts -mat directly caused me deem. DO NOT erne terminal evems such as cardiac areest, r Onset to Deam but not resulting in the underlying cause given in Pan I. ^Yes ^ Probably respiratory arrest, a ventricular fibrillation without showing the etiobgy. List only one cause on each Nne. ~ ~ No ^ Unknown IMMEgATE CAUSE (Flnal disease a r conddion resulting m deem) _~ a. ~. / . (t ~'~ l6 ""~ G t ~ ° ~3 29. If Fermate: ear n t within ast [}-N t Due to (w as a consequence of): ~ Sequentially ksl conditions, N any, b ~ p y o preg an ^ Pregnant at tlme of deem leafing to the ease bated on line a. t Eller the UNDERLYING CAUSE Due to (or as a consequence ot): r ^ Not pregnant, but pregnant wihin 42 days of deem (tlisease a injury that Irxtlated the c r events resuting m Beam) LAST. ' Due to {w as a consequence ot1: ~ ^ Not pregnant, but pregnan143 days tc 1 yeaz before death • d. ~ ^ Unknown if pregnant wNMn the past year 30a. Wes an Autopsy 30b. Were Autopsy Fmdings 31. Manner of Deam 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Oaurted 32c. Place o1 In'ryry: Home, Farm, Sheet, Faoory, Office Building, etc. (Spectly) Pedomned? Available Prior to Completion of Cause of Deam7 [/]~Natursl ^ Fiomkide [] Yes [~'No ^Yes ^ No ^ Accident ^ Pending Investigatbn 32d. Time of Injury 32e. Injury at Work? 32f. If Transportation injury (Specify) 32g. Location of Injury (Street, city /town, slate) ^ Sukade ^ Could Nat be Determined ^Yes ^ No ^ Driver / Operetw ^ Passenger ^ Pedestrian M Other - Specity: ~ Cergfier (~~ Dory wog) 33b. Signature and Title of Cenifi • Certllying physldan (Physician certifying cause of death when argtfner ptrysidan has pronounced deem and completed Item 23) deatlt occurted due to the auae(s) and menrtar es sl8ted_ _ _ _ _ _ _ _ -' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the best of my knowledge ~ ~'~ , • Pmttotutdng std oartitymg ptnyaiciern {Physk;ian bdh pronouncing deem and ceriilytng to cause of deem) ^ 33c. Licep, 33d. Date Sigred (Monet, day, year) _ _ _ - _ _ _ _ - Tome best of my knowledge, dash occurred at the tlme, date, and place, and due to the auags) and manner as stated_ _ _ _ _ .. _ .. , • Medaal Examfnar I Coroner a - d o 36 6 • L ~e~ ~3 1° ~ b On the bash of examination and I or Inveatlgation, In my opinion, deem occurred et the Hme, date, and place, and due to me ease(s) and manner es stated_ ^ 34 Name and Address of Person o Completed Cause of Deam (Item 27) Type /Print I /~l I Reglstra ' lure and Dj_str ~ ,~. _ _ 36. Dale Fuatl (hirtth, day, year) )~ =, Kc'('~tn~ ~• I ~ I ~ I ~ L~ ~ Y~ Disposition Permit No. ~ ~ V•~^~J'' ~ "L ,, t, LAST WILL AND TESTAMENT OF JANE C. FLEMING ,. ~.~ r.:~~ I, JANE C. FLEMING, of Cumberland County, Pennsylvania, make this W~, ~reby m ~r~ ~~ revoking all my former Wills and Codicils. ' ~~~~~ ~~' <~~> ?~? ARTICLE ONE ~ '~'~~i ~"~~ _ ~T~~ TANGIBLE PERSONAL PROPERTY :,~^~' `~~' ~~~ ry...,. --~' § 1.1 I bequeath all my tangible personal property, including by way of illustration but not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is received or located by my Executor within sixty (60) days after being appointed as such, after a reasonable search for such memorandum, my Executor shall be held harmless for distributing such assets as hereafter provided. I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so received or located, to my husband, David G. Fleming("My Husband"), if My Husband survives me. If My Husband does not survive me, I bequeath all such property to my children, Lamar David Law, III, and Lisa L. Dunn (collectively/together, "My Children"), living at my death, to be divided among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among My Children, they shall take alternate turns selecting individual items with my oldest Child making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. § 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. ARTICLE TWO RESIDUE § 2.1 If My Husband survives me, I devise and bequeath all the rest, residue and remainder of my estate in equal one-third shares to My Husband and each of My Children, per stirpes, subject to being held in trust in accordance with the provisions of Article Three hereof. § 2.2 If My Husband does not survive me, I devise and bequeath all the rest, residue and remainder of my estate in equal shares to My Children, per stirpes, subject to being held in trust in accordance with the provisions of Article Three hereof. ARTICLE THREE TRUST FOR BENEFICIARY UNDER FIFTY YEARS OF AGE § 3.1 Except as otherwise may be provided in this Will, if any beneficiary is entitled to receive a mandatory distribution of property from my estate or from any trust created by this Will and is under fifty (50) years of age, I devise and bequeath such property to my Trustee, herein named, or I direct that such property be held by my Trustee in continued trust, as the case may be, for the benefit of such beneficiary, in trust, in accordance with the following provisions of this Article Three: § 3.1.1 While any such beneficiary is under twenty-one (21) years of age, the Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall apply to or for the benefit of such beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the Trustee shall from time to time deem necessary or proper for such beneficiary's health, maintenance, support and -2- complete education, including preparatory, college and graduate education, and professional, vocational or technical training. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. § 3.1.2 After such beneficiary attains twenty-one (21) years of age, the Trustee shall continue to hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter- annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit of such beneficiary. § 3.1.3 In addition to the foregoing, after such beneficiary attains twenty-one (21) years of age, the Trustee may distribute to or for the benefit of such beneficiary so much of the principal of the trust property as the Trustee shall from time to time deem necessary or proper for such beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, and to assist such beneficiary with his or her reasonable wedding expenses, in the purchase of a principal residence and in the establishment of a profession or of a business considered a good risk by the Trustee, taking into account other available funds, including such beneficiary's assets. § 3.1.4 At any time after such beneficiary attains fifty (50) years of age, such beneficiary may withdraw any or all of the principal of his or her trust. § 3.1.5 If such beneficiary dies before the complete termination of his or her trust, the Trustee shall distribute the property then held in trust to the beneficiary's issue then living, per stirpes, or, if none, to the issue then living of the parent of such beneficiary who was a descendent of mine, per stirpes, or if none, to my issue then living, per stirpes, and in all circumstances subject to being held in continued trust in accordance with the provisions of this Article Three. ARTICLE FOUR APPOINTMENT OF FIDUCIARIES § 4.1 l appoint David G. Fleming as Executor of this Will. If he is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint Lamar David Law, III, as successor Executor. If he is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint Lisa L. Dunn as successor Executor.; All references herein to the -3- "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. § 4.2 I appoint David G. Fleming as Trustee of any trust created by this Will. If he is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint Lamar David Law, III, and Lisa L. Dunn, as Co-Trustees. If either one of them is unable or unwilling to act or continue to act, for any reason whatsoever, the vacancy shall not be filled and the other then serving Co-Trustee shall act or continue to act as sole Trustee. § 4.3 Co-Trustees shall act by majority vote. § 4.4 Any Trustee serving hereunder may resign at any time, for any reason whatsoever, without court approval. If at any time there is a complete vacancy in the office of Trustee, then the then income beneficiaries of all trusts hereunder (or their natural or legal guardians) by majority vote shall immediately appoint a substitute individual and/or corporate Trustee(s), as the case may be, to succeed to that position. § 4.5 The individual(s) serving as Trustee shall have the right to appoint a corporate Co-Trustee. § 4.6 If at any time hereunder there is no individual serving as trustee of any trust created hereunder, the corporate Trustee shall serve as sole Trustee. § 4.7 The individual(s) serving as Trustee from time to time may by unanimous vote remove any then serving corporate Trustee; provided that such individual Trustee(s) shall immediately appoint a substitute corporate Trustee to that position. If at any time hereunder there is no individual serving as Trustee of any trust created hereunder, the then income beneficiaries of all trusts hereunder (or their natural or legal guardians) by unanimous vote shall have the right to remove any corporate Trustee for any reason whatsoever; provided that the -4- then income beneficiaries of all trusts hereunder (or their natural or legal guardians) shall by majority vote immediately appoint a substitute corporate Trustee to succeed to that position. § 4.8 Any corporate Trustee(s) shall not be related or subordinate to the parties appointing it within the meaning of § 672 of the Internal Revenue Gode. § 4.9 Any corporate Trustee shall be a financial institution with fiduciary powers. § 4.10 All references herein to the "Trustee" shall mean the originally appointed Trustee or the successor Trustee(s), as the case may be. § 4.11 I appoint the then serving Trustee as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FIVE POWERS OF FIDUCIARIES § 5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 5.2 Any such fiduciary shall have, without restriction or qualification, all powers given by law, including without limitation those under the Pennsylvania Probate, Estates and Fiduciaries Code, in addition to the following powers: § 5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments. -5- § 5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security. § 5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. § 5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery. claims. § 5.2.5 To engage in litigation and compromise, arbitrate or abandon § 5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values. § 5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. § 5.2.8 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen. § 5.2.9 To join with My Husband or My Husband's personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring My Husband or My Husband's estate to indemnify my estate against liability for the tax attributable to My Husband's income, and to consent, for federal gift tax purposes, to having gifts made by My Husband during my lifetime treated as having been made half by me. § 5.2.10 To allocate, in the Executor's sole and absolute discretion, any portion or all of my exemption under Section 2631(a) of the Internal Revenue Code ("My GST Exemption"), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death. Any such election or allocation shall be -6- binding upon the Trustee and any beneficiary of any trust created hereunder. The Trustee is directed to divide any trust created under this Will into two (2) or more separate trusts, if necessary, to segregate the portion or portions of the trust or trusts created hereunder over which My GST Exemption (the "GST Exempt Trusts") from the portion or portions of the trust or trusts created hereunder over which My GST Exemption has not been allocated (the "Non-GST Exempt Trusts"); provided, however, that any such separated trusts shall be held, administered and disposed of in accordance with the terms hereunder as identical trusts in all other respects. § 5.2.11 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. § 5.2.12 To merge any trust created hereunder with any other trust or trusts created by me or my spouse under will or deed, if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons, and if such merger shall not cause any adverse income, estate or generation skipping transfer tax consequence. § 5.2.13 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property, in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. The receipts and releases of the distributees will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court. § 5.2.14 To make any election available under the tax laws, including the power to make an election to qualify any trust created hereunder as a Qualified Subchapter S Trust ("ASST"} or an Electing Small Business Trust ("ESBT"). § 5.2.15 With respect to any trust hereunder that holds shares of stock in any S corporation, as defined by § 1361 of the Internal Revenue Code ("S Corporation stock"), to segregate such S Corporation stock from the other assets of any such S Corporation trust, to hold such stock in a separate trust under similar terms and conditions, and to take such actions and make such elections as may be reasonable necessary to qualify any such separate trust as a permitted S Corporation shareholder under § 1361(c)(2} of the Internal Revenue Code. -7- ARTICLE SIX PROVISION FOR TAXES § 6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest. Notwithstanding any provision of this Article Six to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover that I possess but have not exercised or any qualified terminable interest property. ARTICLE SEVEN PROVISION FOR DEBTS AND EXPENSES § 7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. ARTICLE EIGHT BUSINESS INTERESTS § 8.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest, a membership interest or stock in a -8- closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor and Trustee, as the case may be (hereinafter referred to as the fiduciaries), subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the fiduciaries shall deem it advisable to sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the fiduciaries to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any business interest that I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the fiduciaries are encouraged to pursue such election if the fiduciaries deem such election also to be in the best interests of my estate and the beneficiaries thereof. The fiduciaries shall have all rights and powers in connection with such business as I had when living, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership or limited liability company, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the fiduciaries deem it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the fiduciaries. -9- ARTICLE NINE MISCELLANEOUS PROVISIONS § 9.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. § 9.2 If My Husband and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if My Husband had survived me. If any person other than My Husband and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. § 9.3 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a person who is then a trustee of such trust, such person may not participate in any way in the decision whether to make such distribution. No trustee who is under a legal obligation to support a beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the trustees of that trust to distribute net income or principal in discharge of that legal obligation. Furthermore, no trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. § 9.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such -10- property to a custodian for such beneficiary, whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches twenty-five (25) years of age, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. § 9.5 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. § 9.6 An individual fiduciary shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. A corporate fiduciary shall be compensated by agreement with the individual fiduciary, or, in the absence of such agreement, in accordance with its fee schedule as in effect at the time of payment. I authorize a corporate fiduciary to charge additional fees for services it provides to my estate or a trust hereunder that are not comprised within its duties as fiduciary, for example, -11- a fee charged by a mutual fund it administers in which my estate or a trust hereunder invests, or a fee for providing an appraisal, or a fee for providing corporate finance or investment banking services. I also recognize that a corporate fiduciary may charge separately for some services comprised within its duties as such fiduciary, for example a separate fee for investing cash balances or preparing tax returns. Such separate charges shall not be treated as improper or excessive merely because they are added on to a basic fee in calculating total compensation for service as fiduciary. § 9.7 Notwithstanding any other provision of this Will, but only to the extent that any trust hereunder is subject to the Rule Against Perpetuities under applicable law, upon the expiration of twenty-one (21) years after the death of the last survivor of My Husband and issue living at my death, the trusts created hereunder shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of 2009. ~°o ~ ~iL~EAL) J~MING -12- Signed, sealed, published and declared by the above named JANE C. FLEMING, as and for her Last Will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~~ esiding at ~~b ~ ~ ~ ` ~ Residing at o~~~~ ~ -13- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,~Ay PI{ ~,~ ss. We, JANE C. FLEMING, the testatrix, ,D l,(.~~-~-5 . ~. and ~, .D M . ~- mARC ~ A~ ~1-~cm Q ~ ,the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the Will as a witness and that to the best of his or her knowledge the testator/testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. WITNESS: TESTATRIX: J C. FLEMING WITNESS: Subscribed, sworn to and acknowledged before me by JANE C. FLEMING, the testatrix, .-_. and subscribed and sworn to before me by ,1 ,4U• d ~ . (,vF~~s J R. and ~~Cf A ~ J~-r S A2 ,the witnesses, this '~ day of , 2009. f~ . Notary u lic COMMONWEALTH QF PENNSYLVANIA (SEAL) Notarial Seal Carol A. Koppenhaver, Notary Public City of Harrisburg, Dauphin County My Commission Expires March 18, 2012 -14- c ees Wallace ~ Nurick LLe David E. Gruver, Pa. C.P. Paralegal Direct Dial: 717.237.5362 Direct Fax: 717.260.1658 dgruver@mwn.com December 20, 2010 Cumberland County Register of Wills One Courthouse Square Carlisle, PA 17013 RE: Estate of Jane C. Fleming Probate Documents Dear Sir or Madam: VIA FEDERAL EXPRESS Enclosed are the following documents for Jane C. Fleming: * Last Will and Testament * Death Certificate - P 16855801 ~p ~ e-.., .~, * Petition for Probate and Grant of Letters v ,`~~ .? ~ -z . ~ ~ , . ~ ~ f~ r .._., ~^-^X Estate Information Sheet `~ O ~' ! ~ ~ ~ _ ,_ ' -- - ~ .. , -,-; Check Nos. 0008618 and 0008617 totaling $319.50 :vim c.,,, ;'~ c~~ - - ~, , a ~._.,. z + 1 * ..-,. L~ File copies of documents ~= The Executor took his Oath at the Office of the Dauphin County Register of Wills. Please have our file copies date-stamped and return them to us along with the Short Certificates. If you have any questions or need additional information, please contact me. I thank you for your prompt attention to this matter. V truly ,urs, vid E. Gruver, Pa. C.P. Paralegal Enclosure c: David G. Fleming www.mwn.com HARRISBURG, PA * LANCASTER, PA • STATE COLLEGE, PA • HAZLETON, PA • COLl1MBUS, OH • WASHINGTON, DC -~, ~ N J ;~v a a o ~ F~ ~ ~ O w n~ - ~~~~ R'- c~ T_ T Cn = ~ ~ ~ O ~ ~, -fl CD d Q ~ ~ ~ .-, ~ c ~. r ~ "~ ", 'Oy '° ~ l7 ~ ~ o ~ ~ ''' ~ ~ ~ m o ~o o C ~' W ~ ~ _ ,D ~ N rn ~ ~ w o Q ~ `~ W 3 W ~ ~ Q- m ~ m O ~ orn o ~ ~® g N 0 0 ~. ~o ~ ~o<~ ~ ~~(D~ D cNDW~ a CO -" ~ m -P co ~ cn w c N ~ `~ 7 ~ ~ ~ ~ ~ O ~ ~ n -P -~ -~ o d ~ s Q- ~ rn CO ~- .~ ~ ~- O ~ O O O ~ o ~- o ~ _ H C C.~ , `~ ~ r ' ~ Z, tom-'-"~ ~ ~ s d ~ ~=~' ~ Cl ~ ~ ._ N Q z H (~ .P x H T? ~, ~--- ".: "~ , tti~ -~ ::3 _. :..a r ' - -_* ~~. ' 'r"1 c~ CJ -~, CJU O