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Home My WebLink About08-01-12R 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 1 Name: THOMAS J. FLEMING File No: ~) - ~r,Z - (~ ~~ a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: July 6, 2012 Age at death: 87 Decedent was domiciled at death in Cumberland County, Pennsylvania (stare) with his/her last principal residence at 605 Hilltop Drive, New Cumberland, PA 17070 New Cumberland Borouch Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 605 Hilltop Drive, New Cumberland, PA 17070 New Cumberland Borouch Cumberland PA Street address, Post Office and Zip Code Ctty, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ 150,000.00 If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................ Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 150.000.00 Real estate in Pennsylvania situated at: NONE (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Towuship 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 January 19, 2010 and Codicil(s) thereto dated NONE State relevant circumstances (eg. renunciation, death of executor, etG) 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. 0 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 life, durante absentia, durante minoritate If Administration, c.t.a. or db.n.ar:a., enter date of Will in Section A above and 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 Q EXCEPTIONS Petitioner(s), after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Relationshi Address C r T ` f !1 t , I ' ~ ,~ _; G, ~ `i . ~ t~ r° G!t Form RW-02 rev. 10/l1/201I Page 1 of 2 w Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s) Printed Name Petitioner(s) Printed Address Vir inia H. Flemin 605 Hillto Drive New Cumberland PA -~~ ,-, R~1~ CO..~ P 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 Decedent, the Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed an subscribed before /~,/,it ~.~,,Y„ ~ l~ ~,~Q , ;~ e Date ~ I Z met 's day of ~-- T~ Date BY~ Date r the Register Date BOND Required: ~ YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters ...................... $ 260.00 ( 6) Short Certificate(s)...... 24.00 ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other Will ........ 15.00 Attorney Signature: Printed Name: Peter J. Ressler, Esquire Supreme Court ID Number: 06844 Firm Name: METTE, EVANS & WOODSIDE Address: 3401 North Front Street PO Rnx 5950 Harrisburg, PA 17110-0950 Automation Fee ............... 5.00 JCS Fee ..................... 23.50 TOTAL ..................... $ 327.50 717-232-5000 717-236-1816 }Messler(~mPtte_rem Phone Fax: Email: DECREE OF THE REGISTER Estate of THOMAS J. FLEMING File No: ~~ - ~~ -(~ ~~~ a/k/a: AND NOW, ~ ~~~" ~ , in consideration of the foregoing Petition, satisfactory proof having n presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Virginia H. Fleming in the above estate and (if applicable) that the instrument(s) dated January 19, 2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent:, r ,~ ~ ' Register of Wills ~~r E~~;uc~>~ti~ Form RW-02 rev. 10/!!/201! Page 2 of 2 Official Use Only ~~„ ~ _ ~- , ?'!1 ~U LO~~~,ik,.NF~~,~aa ,,STAR'S CERTIFICATION OF DEATH W C ~t ~ to duplicate this copy by photostat or photograph. ll-- ~ , Fee fur this certificate, $6.U0 ~Th(s is to L~crtifv th:u she (nfurmation here given is ~~~'~2 ~~~ - ~ ~~ 2' ~~ tio)rectly cOpied~(r(nr~ a~ original Certificate of Death duly filed w;th n)e~,~, LL)c~d Re*istrar. The original .ertificate till 4~c tt)rti°arded to the State Vital ~R('HAN.G ,~"~ ~ j R(cOrds Office ;~)( ~}i.~r:riun(~nt filing. ~,vJF'I P ?~ ~ ~ ~_ ~ ~_ ~~1MBERt.AND CO., PA ~~~ y~'%/1..~t JUL~2~ Certification Number Type/Print In Permanent Black Ink GM1 Local 12e~istrar ---J~%~ Liate issued COMMONWEALTH OF PENNSYLVANIA ~ OEPARTM ENT OF HEALTH ~ VITAL RECORDS CERTIFICATE OF DEATH 1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Date of Death (MO/Oay/Vr) (Spell Mo) Thomas J. Fleming male 200-18-6972 July 6, 2012 6a. Age-Last Blrthtlay (Vrs) Sb. Vnder 1 Yaer Sc. Under 1 Da 6. Date of Birth (MO/D ay/Vea r) (Spell Month) 7a. Birthplace (City antl State or Foreign Country) Months Days Hogs Minutes 1925 February 26 87 , ?b. Birthplace (County) Ha. Residence (State or Foreign Country) gb. Residence 5 t and N be -Include Apt No.) Bc. Did Decedent Live in a Township? y Pennsylvania 605 H ~~top Dr~ve Ayes, decedent Ryld In twp. Htl. Resldenc¢ (County) Se. Residence (Zip Code) 1 7 Q 7 Q o, decedent Iivld within limits ofNaw Cumberland city/born. $$~~yjrer in US Armed Forces? 10. Marital Status at Time of Death Married ~ Wldow¢d 11. Surviving Spouse's Name (If wife, lye name prior to first marriage) g a Huston 'Yes ~ No Unknown ~ Divorcetl ~ Never Married ~Unknow E. Virgin i 12. Fath¢r's Name (First, Middle, Last, Suffix) 13. Mo N e Prior to First Marriage (First, Middle. Last) ROUE E_ ~ar ~ Thomas Francis Fleming a i 14a. Informant's Name 14 b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, City, State, Zlp Code? o Vir into H. Flemin wife 605 Hilltop Drive, New Cumberland, PA 17070 .......................................................... ........... .............................. ~ lSa. P ace o Deat _ _ _ _ _ _ _____ __ ____ _ __ _ _ __ __ __ _ _ ............ .._~~._ pn y pne ~ ~ ~~ ~~ ~ ~ ~~~ s - . If Death Occurred in a Hos Ital: ~ In [lent : p pa If Death Occurred Somewhere Other Than a Hos ital: ~ p Hospice Facility cedent's Home o Q Emergency Room/Outpatient ~ Dead on Arrival • ~ Nursing Home/Long-Term Care Faclliry Other (Specify) 35b. Facility Name (If not Institution, glue street and number; lSC. City or Town, State, and 21p Code lSd. County of Death e New Cumberland, PA 17070 Cumberland 16a. Method of Disposition 0 Burial S~j Cremation l f 16b. Date of Disposition 16c. Place of Olsposltion (Name of cemetery, cram aiory, or other place) .~ Q Remova rom State ~ Donat on other (specify) my 10, 2012 Evans Crematory ~ 16d. Location of Disposition (City or Town, State, and Zip) 17a. Signature of Fune~Service I ee or Person In Charge of Interment 17b. Licens¢ Number ~i Scheaf£erstown, PA 17088 D 013 340-L 17c. Name and con plet¢ Address of Funeral Facility e FH&CS inc. PO BOX 43 1 New Cumberland, PA 17070 ~ 16. Decedent's Education -Check the box That best describes the 19. Decedent of Hispanic Origin -Check the 20. Decedent's Race -Check ONE OR MORE r es [o Indicate who[ ~ highest degree or level of school completed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to b¢. ~ eth grade or less Is Spanish/Hispanic/Latino. Check the "NO" ~ White ~ Korean ~ No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. ~ Black or African American 0 Vlefnamese ~ High scFogl graduate or GED completetl ~ No, not Spanish/Hispanic/Latino ~ American Indian or Alaska Native ~ Other Asian 0 Some college redlt, but no degree 0 Yes, Mexican, Mexican American, Chicano 0 Asian Indian ~ Native Hawaiian Q Associate degree (e.g. AA, AS) Q Yes, Puerto Rican 0 Chinese 0 Guamanian or Chamorro ~ Bachelor's degree (e.g. BA, AB, BS) ~ Ves, Cuban ~ Filipino ~ Samoan Q Master's degree (e. g. MA, MS, MEng, MEd, MSW, MBA) Q Ves, other Spanish/Hispanic/Latino ~ Japanese Q Other Pactflc Islander Doctorate (e.g. PhD, EdD) or Professional degree (Specify) ~ Other (Specify) . MD ODs, DVM LLB JD 21. Decedent's Single Race Self-Designation -Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a. Decedent's Vsual Occupation -Indicate type of work White ~ Japanese Q Samoan done during most pf working life. DO NOT USE RETIRED. 0 Black or African American ~ Korean Q Other Pacific Islander ~ American Intlian or Alaska Native ~ VI¢tna mesa ~ Don't Know/Not Sure Plant Manager ~ Asian Indian ~ Other Asian Q Refused 22 b. Kind of Business/Industry p cnlnese p NanyeHawaoan p orner(speclfy) Trailer Manufacturing ~ Filipino ~ Guamanian or Chamorro ITEMS 23a - 23 MUST BE COMPLETED 23a. Date Pronounce Dead (MO Day r) 23b. Signature of Person Pronouncing Death (Only when applicable) 23c. License Number BY PERSON WHO PRONOUNCES OR CERTIFIES DEATH ,July 6 , 2O 12 23d. Date Signed (MO/Day/Yr) 24. Time of Death 1:30 m 25. Was Metli<al Examiner or Coroner Contacted? Ye ~ No CAUSE OF DEATH Approximate 26. Part 1. Enter the chain of events--diseases, injuries, or complications--that directly caused The death. DO NOT enter term tnal events such as cartllac arrest Interval: respiratory arrest, or ventricular flbri elation without showing the etl I gy. DO NOT ABBREVIATE. Enter only on ause on a tine. Add additional lines if necessary Onset to Death 00 e c j~ 1 `T ~^ `T ~ ~ ~ IMMEDIATE CAUSE ---------------> 7 1r CJ,S F'. ) , L' L~1 !1 ~~ ~ ~ l ~ ~ `~ (Final disease.or condition go (o a conseq ence of): - resulting in death) b. Sequentially list conditions, Due to (or as a consequence of): if any, leading to the cause listed on line a. Enter the UNOERLYIN6 CAUSE Due to (or as a consequence of): (diseases or inJurythat F initiated the evens resulting d. ~ in death) LAST. Due to (or as a consequence of): - - 26. Parr 11. Enter other significant cpntlitions con[rib UU n¢ to death but not resulting in the underlying cause given in Part I 27. Was a autopsy erf rmed? ~ o Y¢5 26. Were autopsy findings available ~ to mplete the cause of death? co ~ O Yes ~ No 29. If F¢male: 30. Ditl Tobacco Use Contribute to Death? 31. Manner of Death ~ Not pregnant within past year ~ Yes Q Probably Natural 0 Homicltle ~ Pregnant a[ time of tleath ~NO ~ Vnknown 0 Accident 0 Pending Investigation e~ ~ Not pregnant, bu< pregnant within a2 days of dean Q Suicide Q Could not be det¢rmined ti ~ Not pregnant, but pregnant 43 days to 1 year before d¢att 32. Date of Injury (MO/Day/V r) (Spell Month) ~ Unknown if pregnant within the past y¢ar 33. Time of Injury 34. Place of InJury (e.g. home; construction sit¢; farm; school) 35. Location of Injury (Street and Number, Clty, State, Zip Code) 36. Injury at Work 37. If Transportation InJury, Specify: 3B. Describe How In jury Occurred: ~ Ves ~ Driver/Operator O Pedestrian ~ No Q Passenger ~ Other (Specify) Certifier (Check only one): a Certifying physician - To the best of my knowledge, death o red du the e(s) antl m stated ~ Pronouncing 8 Certifying physician - To The ba y knowledge, tleath o red at the time, date, and place, and due to the cause(s) and manner stated ~ Medical Examiner/COrO On the basis of ¢ amin I and/or investlgationr in my opinion, dear tl ai the Time, date, antl place, antl due to The cause(s) ~I - d anner stated ' (~ \ V ~ I Signature of certifier: Title of certlRer: \ 'U J) License Number:~D~~ 4~ Z~ pletin C e of tF (Item 26) ~ 39,b.`Name, Addrgl s~_} t}~Qy~ Code of Date Sign! (MO/Day/Yr) 39cf. 1 ~ 40. Registrar's District Num er 41. Rlgistra is Signatu 42. Regl Trar FI Date Mo Day/Yr) a,~ ~~o i Z 43. Amendments Disposition Permit No. L/ L ~L / -~/ ~ ~ H105-143 REV 07/2011 Last Will and Testament ~~ ,~~ ~ .. ~' THOMAS J. FLEMING c~-~ c.: ' ~.~ ~' ' ` c , ~~. -„ ~ I THOMAS J. FLEMING of 605 Hilltop Drive New Cumberland ~ ` , ; , , Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: All taxes, interest and penalties thereon payable by reason of my death with respect to property comprising my gross estate, whether or not passing under this Will, shall be paid from the principal o~ residuary estate. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: If I die before my wife, VIRGINIA H. FLEMING, I give to her all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not die before my wife, I make this gift to my children living at the time of my death, to be divided among them as they shall agree. Should there be no agreement, this property shall be divided among my children by the Executor in as nearly equal portions as is deemed practical in the sole discretion of the Executor, having due regard to their personal preferences. Page 1 ITEM IV: I give the residue of my estate not disposed of in the preceding portions of this Will to my wife, VIRGINIA H. FLEMING, if she survives me. My wife may find it appropriate to disclaim all or part of the residuary bequest made to her for tax planning or other purposes. I give any such disclaimed property and any other property or interest in property which may become payable to my Executor or my Trustee by reason of a disclaimer or a renunciation by my wife to my Trustee, IN TRUST, NEVERTHELESS, according to the terms and provisions of ITEM V below. ITEM V: If my wife, VIRGINIA H. FLEMING, renounces or disclaims property or interests in property that have been given to her pursuant to ITEM IV above, such real 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. The Trust shall be known as the Thomas J. Fleming Disclaimer Trust. (a) The Trustee shall pay to or for the benefit of my wife, VIRGINIA H. FLEMING, all of the net income of this Trust in convenient installments, but not less frequently than annually. (b) The Trustee shall also pay to my wife so much of the principal of this Trust as may be necessary in the discretion of the Trustee for the proper support, maintenance and medical care of my wife. In determining the amount, if any, of principal to be distributed, the Trustee shall take into consideration my wife's other available resources, including but not limited to her other income sources, her capital resources (but not including household goods), real property (including her principal residence) and personal effects. To the extent Page 2 that my wife's resources include any pension or retirement plans, or the like, the Trustee shall only consider the required minimum distribution from such plan as an available resource. The Trustee's determination as to availability shall be conclusive. (c) Upon the death of my wife, the Trustee shall distribute the then remaining principal pursuant to the provisions of ITEM VI as if it had originally formed a part of the residue of my estate and my wife had not survived me. ITEM VI: If my wife, VIRGINIA H. FLEMING, does not survive me, I give the residue of my estate to my children who survive me, in equal shares, outright and free of trust. If any of my children do not survive the survivor of my spouse and myself, the principal and accumulated income of said deceased child's share shall be divided into as many equal subshares as there are living issue of that deceased child, per stirpes (each a "beneficiary"). Thereafter each subshare shall be administered as follows: (a) The net income from each subshare may, in the absolute and sole discretion of Trustee, be paid to or accumulated on behalf of each of the beneficiary until they attain the age of twenty-one (21) years, at which time the income shall be paid to the beneficiary for life, provided however, that the beneficiary shall have the right to withdraw one-third (1/3) of his or her subshare of the principal and accumulated income when he or she shall attain the age of twenty-five (25) years, one-half (1/2) of his or her remaining subshare of the principal and accumulated income when he or she shall attain the age of thirty (30) years, and the remaining balance of his or her subshare of the principal Page 3 ,_~~ and accumulated income when he or she shall attain the age of thirty-five (35) years. The rights of withdrawal may be exercised from time to time in whole or in part and the said rights of withdrawal shall be cumulative. (b) Upon the death of a beneficiary, the share of principal from which he or she is eligible to receive income shall be held in Trust as provided herein for the benefit of his or her surviving issue, per stirpes, or in default of such issue, be added proportionately to the other subshares created for that deceased beneficiary's siblings, or their issue, as the case may be. (c) If none of the foregoing beneficiaries survive me, the residue of my estate shall be divided into two equal shares and one share shall be paid to my heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of the survivor of myself and my spouse; and the other share shall be paid to my spouse's heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of the survivor of myself and my spouse as if my spouse had then died Intestate. ITEM VII: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. Page 4 (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments," and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. ~- Page 5 L~ (f) To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. Page 6 r !~ ` ~ i (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code maybe made with respect to one of the separate Trusts, or for any other reason. (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) To merge any similar trust established by my spouse or any other party where the terms and beneficiaries are the same or substantially similar to the terms and beneficiaries of a trust created hereunder; Page 7 % --- ___ ~i (q) To terminate any trust created in this instrument that the Trustee thereof determines to be of a size that does not warrant continuing the same in trust or whose administration would be impractical for any reason, and, without further responsibility, distribute the principal and all accumulated net income to the person or persons then entitled to income therefrom, or if the beneficiary is a minor, or, in the opinion of the Trustee, is otherwise incapable of handling such funds, the Trustee may pay such funds to the parent or other person in charge of such beneficiary or to a custodian under the Pennsylvania Uniform Transfers to Minors Act; (r) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM VIII: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM IX: I designate the Executor under this Will, or another person designated by the Executor, as successor Custodian of any property for which I am custodian under any Uniform Gifts to Minors Act or Uniform Transfers to Minors Act. Page 8 ~_- ITEM X: Any person who shall have died within thirty (30) days of my death, shall be deemed to have predeceased me. Any person (other than myself) who shall have died at the same time as any then recipient of income or in a common disaster with such beneficiary, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased such beneficiary. ITEM XI: I appoint my wife, VIRGINIA H. FLEMING, to be the Executrix, referred to in this Will as "Executor" and the Trustee. In the event my said wife cannot act or continue to act as Executor and/or Trustee, I appoint my daughter, MARY LOU FLEMING KAUFFMAN, to act in her stead. The Executor and Trustee are specifically relieved from the obligation of filing bond or entering security. ITEM XIII: After my death, my wife should promptly seek legal, tax and financial planning advice about disclaiming benefits under this Will and items passing outside my probate estate. Using the Thomas J. Fleming Disclaimer Trust could save inheritance and estate taxes for our heirs on the second spouse's death. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eight (8) pages, this ~~ ~'~ day of January, 2010. -~ _~ '~ v, ~~~ SEAL) THOMAS J. EMING Page 9 SIGNED, SEALED, PUBLISHED and DECLARED by the above-named Testator, THOMAS J. FLEMING, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses: J Residing at v ~2.~..~„a,,,r,T,..~,,,, ,4 ~ 7 0 t Residing at 6as~ ~p jJ Page 10 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS.. COUNTY OF I, THOMAS J. FLEMING, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. `~ (SEAL) THOMAS J. MING Sworn to and subscribed before me this day of January, 2010. Notary Public My Commission Expires: (SEAL) Page 11 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF ~~~.ti~~~ . We, PETER J. RESSLER, and ~~ ~ r ~. ; n ,' a- ~~ . ~,„`h~ the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, THOMAS J. FLEMING, sign and execute the instrument as his Last Will and Testament, that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. 1 ~~. ,DUI G?,G7~Lc ~ ~'~~1.~'Yt tc~-F Witness Witness As to Peter J. Ressler only: Sworn to and subscribed before me this /`~' ~ day of January, 20 /o' Notary Public My Commission Expires: (SEAL) COMMONV`eE,1'•-°r'-". ~~ pENN$YLVANIA Notarial Seal Joan E. Brothers, Notary Public Susquehanna'Twp., Dauphin Courtly My Commission Expires Feb.12, 2010 Page 12 Member, Pernsvlvan'^ ?~ssoctation of Notaries ATTORNEY CERTIFICATE COMMONWEALTH OF PENNSYLVANIA SS.. COUNTY OF DAUPHIN On this, the f `~ ~ day of <la ~~u~,~~, , 20 l a ,before me, a notary public, the undersigned officer, personally appeared PETER J. RESSLER, known to me or satisfactorily proven to be a member of the bar of the highest court of Pennsylvania, Supreme Court ID No. 06844, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the Testator, THOMAS J. FLEMING, and Witness, ~1 ~~ r i , ; a- /~ ~ ~~~'r~ ~ n IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~..~ `z _ No Public COMMONS^J~~Ai.'F!-i t~F gENNSYLVANiA. Notarial Seal Joan E. Brothers, Notary Public (SEAL Susquehanna Twp., Dauphin County My Commissivn Expires Feb.12, 2010 Member, P®nnaylva+?ie bssoclation of Natarles Page 13 523358v1 _:.~.J 2('!2 AUK - i Ff~ 2; 44 _ OATH OF SUBSCRIBING WITNESS(ES) CUMBE~'S ``~;ur r ~~ CO., PA REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of THOMAS J. FLEMING .Reset Form Deceased Peter J. Ressler and Virginia H. Fleming , (each) a subscribing witness to (Print Name/s) the ~ Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. >wGG~~1 /I ~-c~-t-- (Signature) (Signature) ~ 2900 Arcona Road (Street Address) Mechanicsburg, PA 17055 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before ;ne this ~ day ~~ ~ ~, ~ , eputy for Register of Wills 605 Hilltop Drive (Street Address) New Cumberland, PA 17070 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of , Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06