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Home My WebLink About02-01-08 (2) 'II , ESTATE OF JAMES W. CLEVER . i File No. 21-06-0058 FAMILY SETTLEMENT AGREEMENT --., THIS AGREEMENT made this 2l~ day of _l)-fLce'"v_lJ./\.. , 2007, BETWEEN: GEORGE A. CLEVER; TAMMY S. ACKERMAN; STACEY M. ROSSI alkJa STACY M. ROSSI; JAMES E. CLEVER; BRIDGET A. PUGH; JEFFREY W. CLEVER; and GEORGE A. CLEVER IN TRUST FBO JEFFREY W. CLEVER, being the legatees under the Last Will and Testament of James W. Clever, late of Southampton Township, Cumberland County, Pennsylvania, AND JAMES E. CLEVER, GEORGE A. CLEVER, and BRIDGET A. PUGH, Co- Executors of the Estate of James W. Clever, deceased. WHEREAS, James W. Clever died January 8, 2006, testate, and under his Will left his estate to the parties herein; and WHEREAS, Letters Testamentary were granted to James E. Clever, George A. Clever, and Bridget A. Pugh on January 20, 2006, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, Paragraph Fourth of the Last Will and Testament of James W. Clever, deceased, left the rest and residue of his estate in equal shares to his beloved children, namely, Stacey M. Rossi, James E. Clever, Bridget A. Pugh, George A. Clever, Tammy S. Ackerman, and Jeffrey W. Clever; and ..--\ . L-t> tJ WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397 "'. WHEREAS, the rest and residue of the estate consists primarily of real estate located in Southampton Township, Cumberland County, Pennsylvania, which was legally subdivided during the course of this estate administration into six (6) tracts at the direction of the co-executors herein after consultation with all of the above-mentioned residuary legatees; and WHEREAS, five (5) of the residuary legatees herein specifically agree to an in- kind distribution of the parcels assigned to each one as the real estate portion of their shares of the rest and residue of the estate of James W. Clever, deceased, even though such parcels are not exactly equal in acreage or in fair market value at the time of distribution; and WHEREAS, one of the residuary legatees, Jeffrey W. Clever, agrees to take his share of the rest and residue of the estate of James W. Clever, deceased, in cash which has been calculated by the co-executors herein, to equal the full sum of Seven Thousand Five Hundred ($7,500.00) Dollars; and WHEREAS, all of the residuary legatees herein agree to the cash distribution to be given to the said Jeffrey W. Clever which shall be held in trust pursuant to the terms of the Last Will and Testament of James W. Clever, deceased, and WHEREAS, all assets of the late James W. Clever have been liquidated or distributed and all his debts paid in full, and further the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Co- Executors, the said parties hereto desire to waive the duty of the Co-Executors to WEIGLE & ASSOCIATES. Pc. ~ ATTORNEYS AT LAW ~ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 .. " file a First and Final Account with Proposed Schedule of Distribution for purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the parties hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of their distributive shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release James E. Clever, George A. Clever, and Bridget A. Pugh, Co-Executors, from all claims and demands whatsoever arising out of settlement of the Estate of James W. Clever. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representatives that they will contribute pro rata their shares of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid personal representatives after the signing, sealing and delivery of this family settlement agreement and final release. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS~ \'i/~y{i' (' j~'C~~ ~))}) \j ~ L tI ,- _~ v-~(k:f:~u.~~ '---I (, / ;; / . ~ ('A \.~c: L It, /( Cc c '1. _ '! ~(L6~'~' ,/ )/, (/.t ~{ t:/ //(..../..... . /"- ",.t.'l" Iii /i ' (9 ce~t.r/Yc--c __' (SEAL) George A. Clever !/~~iJ.JYYlfY~ 00 rl-O_A,Y":,'Y\'t&EAL) Tammy S. Ackeijnan rZ. \ . ~~. ~ (SEAr...0-o~ Stacey M. ROSSI a/k/a... .' \t{C ~t".J" Stacy M. Rossi J~ (J ~ /vl~2~t}.J---- (SEAL) J a s E. Clever . /1.,~A) I?t-L (SEAL) Btidg~t A. Pugh , .- '. ,...) n (0 (L ;-iL/(, - /~-rt)\9 a-~.-1..-(SEAL) Jeffrey W. Cl~er ' 0;(,P~{!~ (SEAL) George . Clever, Trustee FBO Jeffrey W. Clever WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 k COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND t1... On this the 27--- day of &1:.Q/wJ,-.tA, ,2007, before me, a Notary public in and for said County and State, the undersigned officer, personally appeared GEORGE A. CLEVER, STACEY M. ROSSI alk/a STACY M. ROSSI, JAMES E. CLEVER, BRIDGET A. PUGH, and GEORGE A. CLEVER, TRUSTEE FBO JEFFREY W. CLEVER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'i~( r J:{u~, (SEAL) STATE OF MISSOURI Notarial aa Linda K. Klein, Notary Public Shippensburg, PA Cumberland County M Com~issi9!~,___ ~ugust 1?, 2008 SS COUNTY OF ~'-'Lc.-h.a..n.o...n. On this the 2~t-'-- day of TAY\.v...c....ry J...DD8 , 2ee9; before me, a Notary public in and for said County and State, the undersigned officer, personally appeared TAMMY S. ACKERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same fox~t\\lIl"''''UI ~~'l R H~ ~~l\....:....~~~ purposes therein contained. ~~"~~~'~A\~ ~:</ Expir8la ~.j.~ . ~:1; July 1~, 2,010..J\ ~ IN WITNESS WHEREOF, I hereunto set my hand and officIal seal; ~~ <;'~';~~: e ~ Jt~ BuchaNII'! ~~. ~ ~ V>> Cou~~~1 ~ ~~~~ii~ WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 T... COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLf~ND C'e nt( e, On this the (I) t h day of -::r c.: (\ Uc.c'f SS ::)cv~ , ~, before me, a Notary public in and for said County and State, the undersigned officer, personally appeared JEFFREY W. CLEVER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. b.-~ ~ b Ct \-\c..ru~ (SEAL) NOTARIAL. SEAl. BETH A. HARMONi Nota" Publlo Benner Township, Centre County, PA My Commission Expires March 02.2010 WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 '- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-0058 Estate of James W. Clever, Deceased Late of Southampton Township Account James E. Clever, George A. Clever and Bridget A. Pugh, Co-Executors Social Security #: Tax 10 #: Date of Death: Date of Incapacity, if any: Date of Executor's Appointment: Date of First Complete Advertisement: Accounting for the Period: 192-30-0852 20-6798095 01/08/2006 None 01/20/2006 02/28/2006 01/08/2006 to 12/07/2007 Purpose of Account: James E. Clever, George A. Clever and Bridget A. Pugh, Co-Executors, offer this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A. Weigle Esquire Weigle & Associates, P .C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court 1.0. No. 01624 .~ SUlVrMARY OF ACCOUNT Estate of James W. Clever, Deceased For the period of January 8. 2006 throuah December 7.2007 Proposed Distributions to Beneficiaries Paae 12 PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions 1-2 3 Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State & Local Taxes Commissions Fees Family Exemption 4 4 5-6 6 6 Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries 7-8 9 Principal Balance on Hand For Information: Investments Made Changes in Holdings 10 -11 INCOME Receipts This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements Balance Before Distributions Transfer to (from) Income Distributions to Beneficiaries Income Balance on Hand For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND Verification 13 Current Value 8,254.94 10,785.89 8,122.80 8,134.00 4,480.45 0.00 4,262.50 0.00 Fiduciary Acquisition Value 8,254.94 160,612.25 -2,311.67 158,300.58 35,785.64 122,514.94 0.00 114,260.00 8,254.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,254.94 . SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Cash 01/08/2006 Orrstown Bank Checking Account #103001534 2.788.69 01/08/2006 Accrued interest on above item through date of 0.33 death 01/08/2006 Orrstown Bank Savings Account #703001854 160.92 01/08/2006 Accrued interest on above item through date of 0.06 death 01/08/2006 Orrstown Bank savings account deposit in 1.129.12 transit at date of death 01/08/2006 SKF - final paycheck 812.00 Total Cash 4.891.12 Personal Property 01/08/2006 1999 Ford F450 XL Truck 11.800.00 01/08/2006 2002 Ford Taurus 4.025.00 01/08/2006 Guns 260.00 01/08/2006 Guns - sold at appraised values 150.00 01/08/2006 Miscellaneous personal property - proceeds of 274.80 sale 3-26-06 01/08/2006 Personal Property 2.390.00 Total Personal Property 18,899.80 Real Estate 01/08/2006 Real Estate - located in Shippensburg, 75.500.00 Southampton Township, Cumberland County, PA 01/08/2006 Real Estate specifically devised in Paragraphs 31,000.00 Second and Third of Will - located in Shippensburg, Southampton Township, Cumberland County, PA Total Real Estate 106,500.00 Total Inventory 130.290.92 1 ,. SCHEDULE A RECEIPTS OF PRINCIPAL Continued 12/28/2006 09/01/2007 Subseauent Principal Receipts Adams Electric Cooperative - patronage capital Contribution from family for payment of Jeffrey Clever's 1n cash share of residuary Contribution to estate for payment of debts - Tammy S. Ackerman, from insurance proceeds Contribution to estate for payment of debts - Stacy M. Rossi, from insurance proceeds Contribution to estate for payment of debts - Bridget A. Pugh, from insurance proceeds Homeowner's Insurance - refund of premium U. S. Treasury - 2005 federal income tax refund Total Subsequent Principal Receipts Total Adjustments and Subsequent Receipts 598.99 7.500.00 01/27/2006 7.072.12 01/27/2006 7,072.11 01/27/2006 7.072.11 06/22/2007 05/12/2006 67.00 939.00 Total Receipts of Principal 2 Fiduciary Acquisition Value 30.321.33 30.321.33 160.612.25 '- ' . SCHEDULE 8 GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS - PRINCIPAL Gain Loss 03/16/2006 1999 Ford F450 XL Truck - proceeds of sale Net Proceeds 11.000.00 Fiduciary Acquisition Value -11.800.00 -800.00 03/29/2007 2002 Ford Taurus - proceeds of sale Net Proceeds 2.325.33 Fiduciary Acquisition Value -4.025.00 -1.699.67 08/14/2007 Personal Property - proceeds of various sales Net Proceeds 2.578.00 Fiduciary Acquisition Value -2.390.00 188.00 TOTAL GAINS AND LOSSES/PRINCIPAL 188.00 LESS LOSS -2.499.67 NET GAIN OR LOSS -2.311.67 3 . , SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 01/27/2006 Orrstown Bank Checking Account #103001534- 368.08 checks clearing after date of death 02/15/2006 Chambersburg Hospital 730.90 02/15/2006 Chambers burg Hospital 555.46 02/15/2006 Ford Credit - payoff of 2002 Ford Taurus 4.162.22 02/28/2006 Sprint - final billing 28.67 03/20/2006 Vivian F. Coy, Tax Collector - 03-01-2006 county 321.41 real estate taxes 03/25/2006 Chambersburg Hospital 20.80 03/25/2006 Credit Management Company 232.12 03/25/2006 Shippensburg Family Practice 106.46 03/25/2006 Summit Cancer Services 663.41 08/21/2006 Vivian F. Coy, Tax Collector - 07-15-2006 school 1.609.06 real estate taxes 04/30/2007 Vivian F. Coy, Tax Collector - 03-15-2007 county 332.84 real estate taxes 08/20/2007 Vivian F. Coy, Tax Collector - 07-01-07 school 1.654.46 real estate taxes Total Debts of Decedent 10.785.89 Funeral Expenses 02/01/2006 Fogelsanger-Bricker Funeral Home 6.573.40 02/01/2006 Premier Events - funeral reception 466.40 02/20/2006 Lester Williams - monument 1.083.00 Total Funeral Expenses 8.122.80 4 . f I ! SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Administration EXDenses 01/20/2006 Register of Wills, Cumberland County - Letters 302.00 Testamentary and Short Certificates 02/02/2006 Fort Chambers, Inc. - appraisal of guns 30.00 02/08/2006 Cumberland Law Journal - advertising Letters 75.00 Testamentary 02/21/2006 Sailhamer Real Estate - market analysis fee 100.00 03/03/2006 Dennis Gotshall, Auctioneer - appraisal of 85.00 personal property 03/07/2006 News Chronicle - advertising Letters 125.75 Testamentary 09/13/2006 Linda K. Klein - notary fees 13.00 09/13/2006 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 09/13/2006 Weigle & Associates, P.C. - reserve for filing 100.00 Family Settlement Agreement with Register of Wills, Cumberland County 09/13/2006 Weigle & Associates, P.C. - reimbursement for 18.75 postage, xerox copies, and long distance telephone calls 11/17/2006 John Kissinger Surveying - survey of real estate 4.280.00 prior to subdivision 02/07/2007 Cumberland County Planning Commission _ 150.00 fees 02/07/2007 Southampton Township - fees 125.00 03/02/2007 John Kissinger Surveying - survey of real estate 1.755.00 prior to subdivision 06/07/2007 Southampton Township Engineer - fees 172.50 10/04/2007 Sailhamer Real Estate - market analysis fee 350.00 (detailed) 12/07/2007 Weigle & Associates, P.C. - reserve for recording 225.00 five (5) deeds with Recorder of Deeds, Cumberland County (unpaid) 5 . al . . , , t SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 12/07/2007 Weigle & Associates, P.C. - reserve for transfer 200.00 tax on OU deed recording with Recorder of Deeds, Cumberland County (unpaid) 12/07/2007 Weigle & Associates, P.C. - reimbursement for 12.00 cost of recording subdivision plan with Recorder of Deeds, CumberlandCounty (unpaid) Total Miscellaneous Administrative Expenses 8,134.00 Federal, State & Local Taxes 04/04/2006 Register of Wills, Cumberland County - PA 4,000.00 Inheritance Tax payment at discount 09/13/2006 Register of Wills, Cumberland County - balance 480.45 of PA Inheritance Tax Total Taxes 4.480.45 Fees 09/07/2006 Weigle & Associates, P.C. 3,150.00 12/07/2007 Weigle & Associates, P.C. - (unpaid) 1.112.50 Total Fees 4,262.50 TOTAL DISBURSEMENTS OF PRINCIPAL 35,785.64 6 1 , " , ... .. l SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Bridaet A. Puah 09/01/2007 Guns - two guns at appraised value 150.00 09/01/2007 Real Estate - 1/7 share of residuary plus Stacey 55,000.00 M. Rossi's 2n share of residuary 55,150.DO Georae A. Clever 09/01/2007 Real Estate - 1/7 share of residuary 6,000.00 09/01/2007 Real Estate specifically devised in Paragraphs 16,000.00 Second and Third of Will 22,000.00 In Trust FBO Jeffrev W. Clever 09/01/2007 1n share of estate residuary - Cash 7,500.00 7,500.00 James E. Clever 09/01/2007 Guns - two guns at appraised value 85.00 09/01/2007 Real Estate - 1/7 share of residuary 7,000.00 7,085.00 Tammv S. Ackerman 09/01/2007 Guns - one gun at appraised value 25.00 09/01/2007 Real Estate - 1/7 share of residuary 7,500.00 09/01/2007 Real Estate specifically devised in Paragraphs 15,000.00 Second and Third of Will 7 ) . , ~ ,- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Continued TOTAL DISTRIBUTIONS TO BENEFICIARIES 8 "" ,. - ! 22.525.00 114,260.00 l ~ . . J. # Units , I PRINCIPAL BALANCE ON HAND Description Cash Estate Checking Account Total Cash 9 Current Value 12/07/2007 or as Noted 8.254.94 8.254.94 8.254.94 lit , Ii , Fiduciary Acquisition Value 8.254.94 8.254.94 8.254.94 ,. , , If ''*, SCHEDULE F CHANGES IN PRINCIPAL HOLO/NGS tLUniJ! ~oM ~99 Ford F450 XL Tru~ 01/08/2006 inventoried 11.800.00 03/16/2006 sold -11.800.00 0.00 - - ~02 Ford Taur~ 01/08/2006 inventoried 4.025.00 03/29/2007 sold -4.025.00 0.00 - Guns 01/08/2006 inventoried 260.00 09/01/2007 distributed -85.00 09/01/2007 distributed -150.00 09/01/2007 distributed -25.00 0.00 - 'ersonal PrODe~ 11/08/2006 inventoried 2.390.00 8/14/2007 sold -2.390.00 0.00 - ~al Estate /08/2006 inventoried 75.500.00 /01/2007 distributed -7.500.00 '01/2007 distributed -55.000.00 01/2007 distributed -7,000.00 :>1/2007 distributed -6.000.00 0.00 10 -<< I,) ,.., SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS Continued # Units Real Estate specificallv devised in Paraaraphs Second and Third of Will 01/08/2006 inventoried 09/01/2007 distributed 09/01/2007 distributed 11 Total II< r04. Cost 31,000.00 -15.000.00 -16.000.00 0.00 0.00 , .. .. . # Units · , · l COMBINED BALANCE ON HAND Description Cash Estate Checking Account Total Cash Current Value 12/07/2007 or as Noted 8.254.94 8.254.94 8.254.94 W , Ii t Fiduciary Acquisition Value 8.254.94 8.254.94 8.254.94 .. . .. ' . ( ) j( , .. .. . Current Value Fiduciary 12/07/2007 Acquisition or as noted Value TO: Bridaet A. Pugh 1/6 share of residuary ($1,651.66) lesS Guns taken 'n Kind 1.501.66 1.501.66 ($150.00) _ CASH 1.501.66 1.501.66 TO: Georae A. Clever 1/6 share of residuary ($1,651.66) - less PA Inheritance Tax on 931.66 931.66 specific bequest ($720.00) - CASH 931.66 931.66 TO: 'n Trust FBO Jeffrev W. C'ev~ 1/6 share of residuary ($1,651.66) - CASH 1.651.66 1.651.66 1.651.66 1.651.66 TO: James E. Clever 1/6 share of residuary ($1,651.66) less Guns taken 'n Kind 1.566.66 1.566.66 ($85.00) - CASH 1.566.66 1.566.6; TO: Stacev M. a/kla Stacv M. Rossi 1/6 share of residuary ($1,651.65) - CASH 1.651.65 1.651.6 1.651.65 1.651.;= TO: Tammv S. Ackerman 1/6 share of residuary ($1,651.65) lesS Gun taken 'n Kind 951.65 951. ($25.00) _ lesS PA Inheritance Tax on specific bequest ($675.00) - CASH 951.65 951 Tota' 8.254.94 8.25' PROPOSED DISTRIBUTIONS TO BENEFICIARIES 12 L,. ... ,. · ff .. ill ... In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-0058 W f .. . Estate of James W. Clever, Deceased Verification James E. Clever, George A. Clever and Bridget A. Pugh, Co-Executors under the Last Will and Testament of James W. Clever, Deceased, hereby declare under oath that they have fully and fa~hfully discharged Ihe dulies of Iheir off/ce; Ihallh. foregoing Accounl is lrue and correct and fully discloses all significanlmnsaclions occurring dU~ng Ihe accounling pe~od; Ihal all known claims against the Estate have been paid in full; that, to his/her knowledge, there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof oCcurred more than four months before the foregoing Account. This statement is made Subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 'i1~g C{~ (;ep Ja"aE~4 . F,ever ~~ B~ elA.Pugh Dated: /2 -2. '7- 07 13