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HomeMy WebLinkAbout09-15-11 FREY &TILEY ATTORNEYS-AT-LA W 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA Telephone: Facsimile: ROBERT M. FREY (Ret.) STEPHEN D. TILEY ROBERT G. FREY MEMORANDUM TO: Pennsylvania Department of Revenue Inheritance Tax Division FROM: Steve D. Tiley, Esquire DATE: September RE: Estate of Harry P. Clever, Jr., Deceased FILE: No. This Memorandum accompanies the Inheritance Tax Return being filed in the above referenced estate. Mr. Clever's WII left his estate to a living trust that he had established during his lifetime. His will is copied at Tab "X". The Tax Return Exhibits are copied at Tab "Y". However, he had never funded that trust, had not activated it in any way, and his widow and children have elected to void the trust, without ever funding it. Therefore, a copy of the trust is not included, as it is rather voluminous. At Tab "Z", you will find a copy of an agreement between the spouse and children with Attachments "A" and "B". That agreement, and particularly paragraphs and provide for the distribution of the estate of Harry P. Clever Jr., roughly the same as if his widow had elected the spousal share, and the remainder had then gone directly to Mr. Clever's two children. Schedule J-1 of the enclosed Inheritance Tax Return reflects the agreed upon distribution among the parties. Should you have any questions, please do not hesitate to contact me. . Enclosures ~ ~-f, ~ - - u~ 'L_ .7J _ - • 'J REV-1500 EX(°'-'°' Pennsylvania OFFICIAL USE ONLY PA Department of Revenue pEPARTMENT~FREVENUE County Code Year File Number Bureau of Individual Taxes INHERITANCE TAX RETURN PO BOX Harrisburg, PA RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY Decedent's Last Name Suffix Dec;edent's First Name MI Clever Harry P (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Clever Donna H Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW 0 Original Return Q Supplemental Return ~ Remainder Retum {date of death prior to Limited Estate ~ 4a. Future Interest Compromise (date of ~ Federal Estate Tax Retum Required death after Decedent Died Testate Ox Decedent Maintained a Living Trust ~ Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) Q Litigation Proceeds Received Q Spousal Poverty Credit (date of death 0 Election to tax under Sec. 9113(A) between and (Attach Sch. O) CORRESPONDENT- THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephgng Number a's Stephen D. Tiley ,l'~ r REGISTER QI=~1~ USE 0 LY 4 ) V... First line of address ~ - - j Frey and Tiley ~ j~~-`-:; r- Second line of address ~ `t~ ~ ' i 5 South Hanover Stree Gity or Post Office State ZIP Code 1-----------DATE FILED Carlisle PA Correspondent'se-mail address: Stlley@freytiley.COm Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE PERSON RESPO IBLE FOR FILING RETUR`N ~ - DATE ADDRESS Donna Hipple Clever, Creek Rd., Calisle, PA SIGNATURE OF EPA~~R,,OTHER THAN REPRESENTATIVE DATE ADDRESS Stephen D. Ti1ey, 5 South Hanover Street, Carlisle, PA PLEASE USE ORIGINAL FORM ONLY Side 1 L ! • J REV-1500 EX Decedent's Social Security Number oecedent'sName: Harry P Clever RECAPITULATION Real Estate (Schedule A) 2 8 6 5 0 0 0 Stocks and Bonds (Schedule B) 7 3 2 2 . 3 0 Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . NONE Mort a es and Notes Receivable Schedule D NONE 9 9 ( ) Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) 9O Jointly Owned Property (Schedule F) OSeparate Billing Requested 5 5 8 2 4 . 0 0 Inter-Vivos Transfers 8 Miscellaneous Non-Probate Property (Schedule G) Separate Billing Requested 7 4 4 4 O Total Gross Assets (total Lines 1 through S. 5 4 7 0 0 9 . 4 7 Funeral Expenses and Administrative Costs (Schedule H) . . 3 5 3 0 9 . 3 7 Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) 9 9 7 . 5 9 Total Deductions (total Lines 9 and 3 6 3 O 9 6 Net Value of Estate (Line 8 minus Line } O 7 O Charitable and Governmental Bequests/Sec Trusts for which an election to tax has not been made (Schedule J) O . O O Net Value Subject to Tax (Line minus Line 7 O TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES Amount of Line taxable at the spousal tax rate, or transfers under Sec. (a)(1.2)x.o 0 Amount of Line taxable at linealratex.o Amount of Line taxable at sibling rate X • 0 • O 0 Amount of Line taxable at collateral rate X , 0 . 0 0 TAX DUE ........................................1s. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 0 Side 2 L ! • REV-1500 EX Page 3 File Number Decedent's Complete Address: DECEDENTS NAME Har P Clever STREET ADDRESS Creek Road CITE' STATE ZIP Carlisle PA Tax Payments and Credits: Tax Due (Page Line Credits/Payments A. Prior Payments B. Discount Total Credits (A + B) Interest If Line 2 is greater than Line 1 + Line enter the difference. This is the OVERPAYMENT. Fill in box on Page Line to request a refund. If Line 1 + Line 3 is greater than Line enter the difference. This is the TAX DUE. Make check payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred : ? ?X b. retain the right to designate who shall use the property transferred or its income : ? ?X c. retain a reversionary interest; or ? 0 d. receive the promise for life of either payments, benefits or care? ? ?X If death occurred after Dec. did decedent transfer property within one year of death without receiving adequate consideration? ? ?X Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? ? ?X Did decedent own an individual retirement account, annuity or other non-probate property, which contains a beneficiary designation? ~ ? IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July and before Jan. the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent P.S. (a) (i)]. For dates of death on or after Jan. the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent P.S. (a) (ii)). The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July • The tax rate imposed on the net value of transfers from a deceased child years of age or younger at death to or for the use of a natural parent, an adoptive parent or a stepparent of the child is 0 percent P.S. §9116(x)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is percent, except as noted in P.S. P.S. §9116(x)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 1 [percent P.S. §9116(x)(1.3)]. Asibling is defined, under Section as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX+ pennsylvania SCHEDULE A DEPARTMENT OF REVENUE INHERITANCE TAX RETURN REAL ESTATE RESIDENT pECEDENT ESTATE OF: FILE NUMBER: Harry P Clever Jr. All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Reat property that is jointly-owned with right of survivorship must be disclosed on Schedule F. Attach a copy of the settlement sheet if the property has been sold. VALUE AT DATE ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. NUMBER OF DEATH DESCRIPTION acres (No improvements) Tax Parcel No. Lot No. Page Book Page See Executor's Deed attached as Exhibit "A" Will provides for all assets to pass to Living Trust, however Family Settlement Agreement providing for this real estate to pass directly to decedent's children. Year Countywide reassessment (there is no CLR applicabVe) TOTAL {Also enter on Line Recapitulation.) $ If more space is needed, use additional sheets of paper of the same size. REV-1503 EX+(6-98) SCHEDULE B COMMONWEAITHOFPENNSYLVANIA STOCKS & BONDS INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Har P Clever Jr. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH shares Prudential common stock @ per share See Exhibit "B" shares Rite Aid common stock @$1.02 per share See Exhibit "C" TOTAL Also enter on line 2 Reca itulation $ 7 (If more space is needed, insert additional sheets of the same size} REV-1508 EX+(6-98) SCHEDULE E CASH, BANK DEPOSITS, ~ MISC. COMMONWEALTH OF PENNSYLVANIA PERSONAL PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Harry P Clever Jr. Include the proceeds of litigation and the date the proceeds were received by the estate. All roe 'ointl -owned with ri ht of survivorshi must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH Final pension check, Frog, Switch & Manufacturing Co. Delta Equity Services brokerage account shares of Pennsylvania HSG Fina,~~ingle Family MTG-SER Bond See Exhibit "D" Inbank (Graystone Bank) (Formerly First National Bank of Chester County) checking account No.108596 Money Market No. CD No. See Exhibit "H" Household property gifted to children prior to one year prior to death. Desk and chair (no monetary value) Coin Collection -See Exhibit "E" Chevy S-10 Pick-up truck -See Exhibit "t" TOTAL (Also enter on line Recapitulation) $ (If more space is needed, insert additional sheets of the same size) REV-1509 EX+ pennsylvania SCHEDULE F DEPARTMENT OF REVENUE .JOINTLY-OWNED PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Harry P Clever Jr. If an asset became jointly owned within one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINT TENANT{S) NAME(S) ADDRESS RELATIONSHIP TO DECEDENT A. B. C. JOINTLY OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY % OF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECEDENT vALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENTS INTEREST InBank (Graystone Bank} (Formerly First National A. greater 0 than 1 yr. Bank of Chester County} CD No. See Exhibit "H" 0 2 A M & T Bank Checking No. See Exhibit "'F" 0 0 0 0 0 0 0 0 A Donna Hipple Clever -spouse 0 Creek Road 0 Carlisle, PA 0 0 TOTAL (Also enter on Line Recapitulation} g If more space is needed, use additional sheets of paper of the same size. • i REV•1510EX+(08-09, SCHEDULE G pennsylvania INTER-VIVOS TRANSFERS & DEPARTMENT OF REVENUE INHERITANCE TAX RETURN MISC. NON-PROBATE PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER Harry P Clever Jr This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is yes. DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST I~FAPPLICABLE) VALUE Prudential Securities -IRA Account No. 100.00°l0 See Exhibit "G" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL Also enter on Line Reca itulation $ If more space is needed, use additional sheets of paper of the same size. • REV-1511 EX + Pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Harry P Clever Jr _ Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: Hoffman-Roth Funeral Home Hoffman-Roth Funerl Home U.M.W. Women -Funeral Luncheon B. ADMINISTRATIVE COSTS: Personal Representative Commissions: Name(s) of Personal Representative(s) Donna Hi le Clever SS# Street Address Creek Road City Carlisle State PA zIP Year(s) Commission Paid: Attorney Fees: Frey and Tley Family Exemption: (If decedent's address is not the same as claimant's, attach explanation.) Claimant Street Address City State ZIP Relationship of Claimant to Decedent Probate Fees: Accountant Fees: Frey and Tiley Tax Return Preparer Fees: Frey and Tiley See Schedule H-1 TOTAL (Also enter on Line Recapitulation) $ If more space is needed, use additional sheets of paper of the same size. • ! ESTATE OF HARRY P. CLEVER, JR. FILE NO.: SCHEDULE H-1 15-Oct Bank Service Fee -Wachovia Bank -Void deposit Check Frog Switch pension check for October 27-Oct Check Printing Fee -Wachovia Bank 9-Nov Refund -Check Printing Fee (Partial) 15-Dec Battery for Truck (Reimburse Donna H. Clever) 18-Mar Shirley J. Armold, Tax Collctor Year County and Municipal Tar on Real Estate 18-Mar Repairs to Truck (Reimburse Donna H. Clever) 18-Mar State Inspection of Truck (Reimburse Donna H. Clever) 18-Mar Register of Wills for Short Certificate (Reimburse Frey & Tiley) 22-Aug Register of Wills for Short Certificates (Reimburse Frey ~ Tiley) Recorder of Deeds -Recording Fee for Deed 23-Sep Hoffman-Roth Funeral Home -Check No. 23-Sep U.M.W. Women -Funeral Luncheon -Check No. 28-Oct Hoffman-Roth Funeral Home 18-Mar Register of Wills for Probate Fee (Reimburse Frey & Tiley~l Donna Hipple Clever -Executrix Fee Frey & Tiley -Attorney's Fees 1st & final Harry Clever l .xls Page 1 • • REV-1512 EX+(12-OB) pennsylvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN RESIDENT DECEDENT MORTGAGE LIABILITIES & LIENS ESTATE OF FILE NUMBER Harry P Clever, Jr. Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH See Schedule I-1 TOTAL (Also enter on Line Recapitulation) $ If more space is needed, insert additional sheets of the same size. ESTATE OF HARRY P. CLEVER, JR. FILE NO.: SCHEDULE I-1 DATE ITEMS AMOUNT 8-Oct Family Home Medical -Check No. 8-Oct Sollenberger Colon & Rectal Surgery, LTD -Check No. 28-Oct Family Home Medical 28-Oct Cumberland Goodwill EMS 28-Oct West Shore EMS 28-Oct West Shore EMS 8-Nov Family Home Medical 15-Dec Special Event Emergency Medical Services Reimburse Donna H. Clever for portion of PA-40 tax refund representing quarterly payments made by her TOTAL DISBURSEMENTS 1st & final Harry Clever 8.23.ll.xls Page 1 REV-1513 EX+ Pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Har P Clever Jr. RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under Sec. (a) Donna Hipple Clever 1 ~ Creek Road Spouse See Schedule "J-1" Carlisle, PA Sherry Lee Milfer 5 South Stoner Avenue Daughter See Schedule "J-1" Shiremanstown, PA Barry Gene Clever Son See Schedule "J-1" Enola Road NewviOe, PA ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES THROUGH OF REV-1500 COVER SHEET, AS APPROPRIATE. II NON-TAXABLE DISTRIBUTIONS A. SPOUSAL DISTRIBUTIONS UNDER SECTION FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE OF REV-1500 COVER SHEET. $ 0 If more space is needed, use additional sheets of paper of the same size. ESTATE OF HARRY P. CLEVER, JR. FILE NO.: SCHEDULE J-1 Amount or Amount or Share of Esta[e Share of Estate Total Spouse Children Share of Es[ate Pursuant to Agreement to Terminate Trust and Distribute Estate roughly as if spouse had elected one-third elective share: Schedule A Real Estate - To Children Schedule B Stocks and Bonds Spouse - Children) Schedule E Cash, Bank Deposits and Miscellaneous Personal Property: Coins to Children Chevy Truck Remainder Spouse and Children Schedule F Jointly Owned Property (All to Spouse) Schedule G Inter-Vivos Transfers & Miscellaneous Non-Probate Property (All to Children) Schedule H Funeral Expenses and Administrative Costs Spouse and Children) Schedule I Debts of Decedent, Mortgage Liabilities, and Liens Net Value Subject To Tax S Portion Allocated to Sherry Lee Miller Portion Allocated to Barry Gene Clever 1st & final Harry Clever l .xls Page 1 Penalty and Interest Calculations CALCULATION DATES- TO TAX DEFICIENCY $ CALCULATED INTEREST $ BALANCE AS OF $ Start Over ~~~IIBIT A EXHIBIT B Tax Parcel No.: T1~~S ~NDE1'1T ~'~IRE MADE THE ~y~ ay of S~t~~~ in the year of our Lard two thousand eleven BETWEEN DONNA HIPPLE CLEVER, Executrix of Estate of HARRY P. CLEVER, JR., deceased, late of West Pennsboro Township Creek Road, Carlisle, PA Cumberland County, Pennsylvania, the said Executrix being of the same address, party of the first part, GRANTOR, AND SHERRY LEE MILLER, married woman, of 1 S South Stoner Avenue, Shiremanstown, PA and BARRY GENE CLEVER, married man> of Enola Road, Newville, PA all of Cumberland County, Pennsylvania, parties of the second part, as egtcal tenants in Gammon and not as joint tenants with the right of survivorship, GRANTEES, WHEREAS, Harry P. Clever, Jr., died on September seized in fee of the hereinafter described real estate, and by his Last Will and Testament dated March since his death duly proved and remaining of record in the Register of Wills, in and for Cumberland County, at Carlisle, Pennsylvania, and filed to estate File No. which Will, provided, inter alia as follows: Article One, Section One, provides for all property to be distributed to the decedent's Revocable Living Trust; at Article One, Section Two, if the Revocable Living Trust is not in effect for any reason, then all property is to be distributed as if it was in effect; Article Two provides that the personal representative has the power to perform all acts reasonably necessary to administer the estate, in addition to powers set forth in the Statutes of they Commonwealth of Pennsylvania; Article Four appoints Donna Hippie Clever as personal representative. WHEREAS, the said Living Trust of the decedent Harry P.Clever, Jr. was never funded but would have provided for the income to be distributed to the decedent's surviving widow, Donna Hippie Clever for life, and then the principal, at her death, to be distributed to the decedent's children, the Grantees herein, a copy of the Trust being on file as an exhibit to the hereinafter mentioned Agreement. WHEREAS, Donna Hippie Clever, as Executrix of her husband's estate, and as surviving widow pursuant to spousal elections laws, and as a beneficiary of the aforementioned Living Trust, and the Grantees herein as the children of Harry P. Clever, Jr., and as the residuary beneficiaries of the aforementioned Living Trust, have all entered into an Agreement voiding the said Trust and distributing certain assets outright to Donna Hippie Clever, and other assets, including the hereinafter described real estate, to the Grantees hecre~in.nThe said Agreement was Page 1 of 4 ~ ~ ! ~ ~ ~ . recorded on September , in .the Register of Wills Office in and for Cumberland County, at Carlisle, Pennsylvania, to estate File No. WHEREAS, the hereinafter described real property was not specifically devised. WHEREAS, Section of the Probate Estate and Fiduciaries Code Pa. C.S.A. gives personal representatives the power to sell at public or private sale any real property not specifically devised. NOW THIS INDENTURE WITNESSETH, that the Grantor for and in consideration of the premises, does hereby grant and convey, and release and confirm, unto the said Grantees, their heirs arul assigns, as equal tenants in common, ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post in the road leading from Diner's Bridge to the North Mountain; thence by ]ands now or formerly of Theodore Hoon and along said road, North ~fi degrees West perches to a stone in said road; thence by lands now or formerly of Minerva Shanabrook, North S3 ~h degrees East perches to a post; thence by the same, North h degrees West 4 perches to a post; thence by lands now or formerly of Earnest E. Scott, North degrees East perches to a post; thence by lands now or formerly of Sarah L. Menges, South degrees East E+2 perches to a stone; thence by the same, South degrees perches to a point; thence by the same, South ~h degrees East perches to a locu:;t tree; thence by lands now or formerly of Curtis Raudabaugh and wife, West rods 7 links to a point; thence by the same, South rods and links to a point; thence by the same, formerly of John E. Shambaugh, South degrees East perches to the public road; thence by lands now or formerly of United Evangelical Church and lands now or formerly ol~ P.O.S. of A., West rods 4 links to an iron pin; thence by the latter, South rods and 2 links to a point; thence by the same and said Evangelical Church, East 8 rods 121inks to a point; thence by lands now or formerly of William B, Bloser's heirs and others, South 8 degrees East perches; thence by lands now or formerly of Arthur Calaman. South degrees West perches to the Place of BEGINNING. CONTAINING acres, more or less. THE SAID acres, more or less, being Lots 1 and 2 as shown on the Final Subdivision Plan of Harry P. Clever, Jr., dated December and recorded in the hereinafter mentioned Recorder's Office in Plan Book Page The said Plan shows the area of Lots 1 and 2 as being a total of acres, more or less. LESS HOWEVER, the following three out-conveyances: Lot 2 of Plan Book Page containing acres, more or less, conveyed to Barry Clever and Diane L. Clever, husband and wife, by deed dated February and recorded February I1, in Cumberland County Deed Book Page Lot 4 of Plan Book Page containing acres, more or less, conveyed to Stephen Z. Martin, by deed dated December and recorded December in Cumberland County Deed Book Page Lot 3 of Plan Book Page containing acres, more or less, conveyed to Donald E. Fraker and Barbara A. Fraker, Page 2 of 4 ~d. ~ ' T'" husband and wife, by deed dated December and recorded December in Cumberland Couniy Deed Book Page THE SAID Plan recorded in Cumberland County Plan Book Page is the Final Subdivision Plan for Harry P. Clever, Jr., as revised October and shows the net area remaining as Lot contiiining acres, more or less. THE WITHIN CONVEYANCE is all of the acres, more or less, net area remaining, as shown on the said Plan recorded in Plan Book Page designated as Lot No. on said Plan, and designated as acres on the tax records, BEING the remaining portion of the premises which Harry P. Clever, Jr., and Miriam G. Clever, his wife, by deed dated September and recorded September in the Office of the Recorder of Deeds, in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book Page granted and conveyed to Harry P. Clever, Jr., and Miriam G. Clever, husband and wife, THE SAID Miriam G. Clever died on January thereby vesting the entire fee simple title in Harry P. Clever, Jr., whose estate is the Grantor herein. The said Harry P. Clever, Jr. intermarried with Donna Hippie Clever on May TOGETHER with all and singular ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof,• and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever of the said Harry P. Clever, Jr., at and immediately before the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same: TO HAVE AND TO H©LD, the said buildings, hereditaments and premises hereby granted and released, or mentioned and intenried so to be, with the appurtenances, unto the said, Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. AND the said Grantor does covenant, promise and agree, to and with the .said Grantees their heirs and assigns, by these presents, that she the said Grantor, has not done, committed, or knowingly or willingly suffered to be done or committed, any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or encumbered, in title, charge, estate, or otherwise howsoever. WITNESS the due execution hereof the day month and year first above written. WITNESS: ~ 1 ~ ~Ye~ -(SEAL) Donna Hippie lever, Executrix of the Estate of Harry P. Clever, Jr., Deceased Page 3 of 4 r ~ Prudential Financial fnc (PRU) (NYSE} U.S. Dollar Date Price High Low Volume ~ ~tamh ~o~~vl ~r ? No Splits s~~ c,~~r. Get another quote any day after 1 mo 2mo 3mo 6mo ~ ~r Symbol Date: ! f3o I't~f'Zc~CtIV£' Bata Quotes delayed at least minutes. Market data provided by Interactive Data. Terms & Conditions. 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If you wish to place an order, please consult your registered pr entative or contact our home office trading desk at b49-4554. Delta Equity's a ii stem is for business purses only and any information, including attachments, tra s fitted in this email Is not confidential, Any message may be reviewed by authorized com an a personnel and/or produced to regulatory agencies or others with a legal right to access s h nformation. Past investment a rmance is not indicative of future results. Securifies offered through Delta Equity Services rp ration, Bolton, MA.. Member fINRA, SIPC Advisory services offered ro gh Delta Global Asset Management, a registered investment advisor. From: Rick Purcell Sent Tuesday, Nov r PM To: Delta Operation subae+ct: Death l3at Ce lament To: Delta operations Good afternoon. I wt you to provkle me witfi a date of death balance statement with the Inheritanve tax return on Harry P. er fir, Estate Acct# 39k-221057. Date of death was September Thank you, Ride Purcell Purselr Assoicates, In i R M httns:llmail.utopias to s.netlows!?ae=Item&t=IPM.N~s~a+a=° - ' • • THE COLLECTOR'S • ~ , , DREAM ~ ~ Lincoln Way East Fayetteville, PA HOME of QUALITY Ph.717-352-4936 ' + ~ Tom McCauslin -proprietor ~ a.t www.thecollectorsdream.net NAME e ~ ~ C.` ~V,ev DATE ar, a(,_, ~n \ 7 SALES TAX ID# ,STATE CASH CHECK# M/C VlSA TRAVELER'S Afl sales are final. CHECK No retunds or exchanges Safe item Description Price Total ~ `two S' {I i ~ ~o S~ _ S f ~ c d a ~ S - ~ C°1`~ ~ ~~o~ ~ 1 , ~c~ S-.~~ 1 ~,c~ ~ ~ ~ c~ P~ ~^l~ra ~ J' ~C _ q ~ ~ ~ g ~ ~ ~ - i ~ ~ ~ - jLayaway balance Layaway terms Subtotal Minimum purchase Purchase price Deposit nonrefundable Tax less io°e deposit Balance due days Total Balance due PRINTAV~1~gR1<JTI~6 CHAMBERSBUR6, G/~~7~b~~ Q MST Mitchell Road, Millsboro, DE Adjustment Services Phone Fax November Frey and Tiley Attorneys at Law 5 South Hanover Street Carlisle, PA Re: Estate of Harms P Clever Social Security: Date of Death: September Dear Sir or Madam: Per your inquiry on November please be advised that at the time of death, the above-named decedent had on deposit with this bank the following: Type of Account Checking Account Account Number Ownership (Names o, fl Harry P Clever Jr Donna H Clever Opening Date 0728~T2 Balance on Date of Death Accrued Interest $ Total For further account information, closures and/or reimbursement of funds please call the Carlisle West Office at We were unable to locate any safe deposit box for the above-mentioned decedent. This letter does not indude any accounts in whidt the deceased may have been listed as Power of Attorney, Custodian of Uniform Transfers, Representative Payee, or Trustee under a Written Agreement Sincerely, ~m n Tammy Spencer t~~" Adjustment Services ~ NOV-04-2010 f~M P, 2 ~~a Pxudential Prucc 8ecuAttes, LLC COMMAND Senrlce Center PO Box New Brunewldc, NJ www.pnrdendaLcom October Robert P. Yockin The Prudential insurance Company of America Corporate Center Drivo, Suite lOS Camp Hill, PA Re: XXXX-7690-8739 Harry P. Clever tRA Aoar 1Vir, Yockin: . _ -Per your req+3est; ~roae-sre-aon~rmingthe batanca•on-#~e-awe-referet~eed~Rruco-Sec~ities-Acoouat~ .9ur . records indicate that as of the value of this account was; Investment Shares Price Value MKHCX Money Market Total Portfolio Value if you have any questions or need additional information, please contact the COMMAND Service Center at Customer Service Representativos are available to assist you between a,m. and p.m. ET, Monday through Friday. Sincerely, John Twomey Registered Principal Pruco Command Operations ' Pruco Securities, LLC EJ H Scaurltles produols and services ere offered through Pruoo Ssourltlse, LLC, i51 Broed Street, Newark, New Jersey member SIPC, a Prudential Flnanclel company. Prudential, Prudendal Flnanc)al and the Rock logo are registered service marks of The Prudential Insurance Company of America, Newark, NJ and its affiliates. A rogletered principal of Pruco 5ecurlUtles, LLC. ~ , TM A divlsiOn Of Graystone Taonrer dank January Stephen D. Tiley Frey R~ Tiley 5 South Hanover Street Carlisle, PA Dear Mr. Tiley: Enclosed is the information that you requested. On both of Harry Clever's transaction accounts he had with our bank they were sole ownership without a beneficiary named on the accounts. I've highlighted the requested information for your records. Should you have additional questions please feel free to contact me at Sincer1ly, Tonya Miller Branch Manager 1 www.lnbank.com 3~`~~@ Deposit Inquiry Page of Harry P Clever CIF number: CAA1330 Creek Rd + Pho.ne:(H) Birth date: Carlisle PA (B) (UO ) Tax ID number: Br#: Account type: 1st Platinum Cking Account number: Closed Customer Deceased 1 of 1 Available Balance: Date last active: Collected balance: Last: Dep: Current balance: Date last overdrawn: Yesterday's bal: Date opened: Last stmt balance: Date last statement: Avg collected bal: Date. last contact: Avg ledger balance: Date Closed: Interest rate: Accrued interest: Stmt/Service chg/Int cycle: Service charge: Yes Automatic NSF fee: Yes SC Waive expiration: Statement/passbook code: Statement Service charge code: PC More... F1=Addl functions F2=Image F3=Exit F4=Sweep Inquiry F5=History F6=Messages F8=Maintenance F24=More Keys 7_/271_tl Deposit Inquiry Harry P Clever Account numb Closed Customer Decease 1 of 1 Last stmt balance: Last stmt date: Current balance: Statement cycle: 1=View 6=Print T=Tset Control: From To Posted Description Check No Amount Balance Interest Rate Change Interest Deposit Interest Rate Change Interest Deposit Interest Rate Change Interest Deposit Interest Rate Change Interest Deposit Interest Rate Change Closing Entry:Accrued Closing Entry:Reduce a Closing Entry:Increase Closing entry - zero b Interest Rate Change Bottom F4=Redsply F6=Bal Inq F7=Scan Fwd F8=Scan Bkwd F11=Prior bal F15=EFT F16=Sort F17=Top F18=Bottom F19=EDI F22=T/C F23=Checks ~X1 r{~d'T "H.~ Deposit Inquiry Page O1 of Harry P Clever CIF number: CAA1330 Creek Rd ~ Phone: (H) Birth date: Carlisle PA (B) Tax ID number: Br#: Account type: 1st Platinum MMDA Account number: Closed Transferred to another FNB account 1 of 1 Available Balance: Date last active: Collected balance: Last: Dep: Current balance: Date last overdrawn: Yesterday's bal: Date opened: Last stmt balance: Date last statement: Avg collected bal: Date last contact: Avg ledger balance: Date Closed: Interest rate: Accrued interest: Stmt/Service chg/Int cycle: Service charge: Yes Automatic NSF fee: Yes SC Waive expiration: Statement/passbook code: Statement Service charge code: PM More... F1=Add1 functions F2=Image F3=Exit F4=Sweep Inquiry F5=History F6=Messages F8=Maintenance F24=More Keys pe~ta Deposit Inquiry Harry P Clever Account numb Closed Transferred to ai~her FNB account ~ 1 of 1 Last stmt balance: Last stmt date: Current balance: Statement cycle: 1=View 6=Print T=Tset Control: From To Posted Description Check No Amount Balance Interest Rate Change Interest Deposit Interest Rate Change Interest Deposit Interest Rate Change Interest Deposit Interest Rate Change Closing Entry:Accrued Closing Entry:Reduce a Closing Entry:Increase Closing entry - Deposi Interest Rate Change Interest Rate Change Interest Rate Change Bottom F4=Redsply F6=Bal Inq F7=Scan Fwd F8=Scan Bkwd F11=Prior bat F15=EFT F16=Sort F17=Top F1$=Bottom F19=EDI F22=T/C F23=Checks ~ K~~ CD CLOSING ENTRY C~~LCULATION Branch ADD Harry ever NE~xt Payme Date......... Account Number,........ ~ Maturity Da e Month CD Interest Rate..,....... 6 MO PENALTY LONG TERM Payoff date... CSR Accrued interest..... Batch number Principal Due Depositor.......... Fixed Federal W/H N Fixed State W/H N Pay accrued Interest (Y,N)....... Y Depositor Owes Penalty of........ N Approving officer TM Customer Signature Net Settlement Reason o e.......... - C.C.# (F4 to list) Deposit to Account Number/Type.. _ F3=Exit F5=Inquiry F10=Add Transaction F12=Previous Verify info then F10 to post n f ~ G L 1~iG Jay' G e ~..G~ ~%G'L~"~ ~ `~'~S~ /~/iA- ~ ~s~~~ s~acr ~Hn i ~ First National 9 N. High Street - P.0. Box Bank of Chester Coilnty West Chester, PA a Ansvaers .Ideas Acce=_s . w lnbank.com Date 8 / / Page 1 Primary Account Enclosures Harry P Clever Creek Rd Carlisle PA First Platinum Checking First Platinum Money Market Month CD ~ Month CD ,QA~G .,T~~~ **************************,r** CHECKING ACCOUNT *,r**,r***********,r*,r,r***********,t First Platinum Checking Check Safekeeping Account Number Statement Dates thru Beginning Balance Days in the statement period Deposits/Credits Average Ledger Checks/Debits Average Collected Service Charge Interest Earned Interest Paid Annual Percentage Yield Earned Ending Balance Interest Paid Activity in Date Order Date Description Amount Interest Deposit Daily Balance Information Date Balance Date Balance Interest Rate Summary Date Rate ~ r~ ~~f ~ ~~~s~~ ~ ~ ~g y G/~~-. ~`i~~v u'~-/.~.~- /O.?;.3-~0. ,fit .36s"' ~.s 6~Sa 3 io• .3c ~~ys f_~ Member FDIC A Subsidiary of First Chester County Corporation Christopher Warner Automotive • ~ - Est~ m ate 8 Front Street P. O. Box Date Estimate # Boiling Springs, PA 1 ?OQ? Name /Address CLEVER, DONNA MAE CREEK RD. CARLISLE, PA. Project Description Qty Cost Total CHEV S-10 REG CAB 5FT BED 2x4 SERIAL # I GCCS 14X9V V6 ENGINE AUTO TRANS POWER STEERING AM RADIO MILES Subtotal EXHIBIT I Sales Tax $o.oo Total EXHIBIT C ~ • Release and Agreement Waiving Filing of Account, Declaring Trust Null and Void, And Establishing Agreed Upon Distribution of Estate This Agreement is by and between Donna Hippie Clever of Creek Road, Carlisle, Pennsylvania in her capacity as Executrix under the Will dated March of Harry P. Clever, Jr., Deceased, who was of the same address; and Donna Hippie Clever of Creek Road, Carlisle, Pennsylvania in her capacity as the named successor Trustee and named income beneficiary of the purported trust titled "The Harry P. Clever, Jr. Living Trust dated March as restated April as Amended;" and as a party to of a certain Contract to Make Mutual Wills and Trusts and Limit Transfers executed on June and Sherry Lee Miller of South Stoner Avenue, Shiremanstown, Pennsylvania and Barry Gene Clever of Enola Road, Newville, Pennsylvania the only children of Harry P. Clever, Jr., Deceased, and as the named remainder beneficiaries of the purported trust titled "The Harry P. Clever, Jr. Living Trust dated March as restated April and Amended" for themselves as such named remainder beneficiaries; as representatives of their heirs and any other contingent beneficiaries as provided by law; and as third party beneficiaries of a certain Contract to Make Mutual Wills and Trusts and Limit Transfers dated June ALL OF THE ABOVE being referred to herein as the "Parties" to this Agreement. NOW THEREFORE, intending to be legally bound, the Parties do hereby: Harry P. Clever, Jr. ("Decedent")died on September a resident of West Pennsboro Township Creek Road, Carlisle, PA Cumberland County, Pennsylvania, leaving a Will dated March Decedent's Will was admitted to probate by the Register of Wills of Cumberland County on October and Letters Testamentary were issued ~ ~ ~ to Donna Hippie Clever as Executrix, {the "Executrix") and filed to number ~ r (the "Estate") r'~~ Agreement -Estate and Trust of Harry P. Clever Jr. Page 1 of 9 ~ i ~ In his Will, Decedent made no specific bequests and provided for afl property to pass to "Harry P. Clever, Jr. and Donna Hippie Clever, Trustees of the Harry P. Clever, Jr. Living Trust dated March and any amendments thereto" pursuant to Article One, Section of the Will. The Parties previously received a copy of the Decedent's Will. The parties agree to forgo the expense of advertising the grant of Letters Testamentary. The Executrix has prepared a Pennsylvania Inheritance Tax Return pursuant to the terms of this Agreement and upon execution of this Agreement will fife the same. The Executrix has prepared year federal and state, personal and fiduciary, income tax returns and paid the appropriate taxes thereon. The Executrix will prepare year fiduciary income tax returns and pay the appropriate taxes thereon from the Estate's assets. Upon the filing of the aforementioned Inheritance Tax Return, and the payment of the taxes shown thereon, and upon the filing of the year fiduciary income tax returns, and the payment of the taxes shown thereon, the Executrix will have paid all the taxes, debts and expenses of the estate known to her. The Executrix and the other Parties to this Agreement have no knowledge of any unpaid claims, absolute or contingent, which may be asserted against the estate (or purported Trust), nor do they have any reason to believe that there are any such claims. The Executrix has liquidated the assets of the Decedent, except for one automobile and the real estate, which is to be distributed in kind, and except for shares of Rite Aid common stock, the sale of which is pending. The purported trust titled The Harry P. Clever, Jr. Living Trust dated March was restated on April The Parties previously received a copy of the April restated trust document. At the end thereof is "Schedule A" and a personal property memorandum. The purported trust was amended by First Amendment made June A copy of that First Amendment document was also previously provided to the Parties. There were no further amendments to the purported Trust. The purported Harry P. Clever, Jr. Living Trust dated March as restated on April and as amended by the First Amendment, is referred to herein as the "Trust." The purported Trust was never funded. No assets were ever transferred to the Trust. During the life of the Decedent, the Trust was never operated. See Section 1.03(x} of the Trust document. Schedule "A" recites that was transferred to the Trust, but it was not so transferred, and no Trust , accounts were ever established. Creation of the Trust was never completed because the Trust never received property. The Decedent and Donna Ripple Clever entered into a Contract to Make Mutual Wills and Trusts and Limit Transfers on June a copy of Agreement -Estate and Trust of Harry P. Clever Jr. Page 2 of 9 • i which was previously provided to the Parties. Pursuant to paragraph one of the said Contract to Make Mutual Wills and Trusts the children of Harry P, Clever, Jr., to wit: Sherry Lee Miller and Barry Gene Clever, are third party beneficiaries of that Contract, for purposes of this Agreement. Section 3.03(a) of the purported Trust provides that upon the death of Harry P. Clever, Jr, his wife Donna Hipple Clever shall become the successor Trustee of the Trust, and in the event of her death, incapacity, or failure to serve for any reason, the Decedent's son, Barry Gene Clever, is to serve as successor Trustee. Section of the Trust document provides that upon the death of Harry P. Clever, Jr, the Trust shall become irrevocable, but the Trust was never funded and therefore never created. Article Five of the Trust document authorizes the payment of expenses and taxes from the Trust, but those expenses and taxes are being paid from the Estate. Section 5.06(c) of the Trust document provides, in part, that: "My Trustee may accept or decline any distributions of property tendered to my Trustee by my Personal Representative." Section of the Trust document, concerning the administration of the purported Trust, gives the Trustee, so long as it is not an "Interested Trustee," the sole and absolute discretion to terminate the Trust if it is inadvisable to administer the Trust, or in the best interests of the beneficiaries to terminate the Trust. However, Donna Hipple Clever is an "Interested Trustee" pursuant to Section of the Trust document and the creation of the Trust was never completed as it never received property. Among other powers of the named Trustee, Section of the Trust document gives the Trustee the power to operate, or self, any farm. Decedent owned certain real and personal. property outright, certain property jointly with Donna Hipple Clever, and owned an IRA account and insurance policies on his life, all as described in the "Principal Received -Real Estate" and "Principal Received -Personal Property" sections of the First and Final Account of Donna Hipple Clever, Executrix, attached hereto as Attachment "A." (Hereinafter referred to as the "Assets.") The Parties desire to settle the Estate of Harry P. Clever, Jr., and avoid the funding of the purported Trust, by making an immediate distribution of part of the Assets (probate and non-probate) of the Decedent to Donna Hipple Clever, and partly to the children of Harry P. Clever, Jr., to wit: Sherry Lee Miller and Barry Gene Clever, roughly the same as if Donna Hipple Clever had elected a one-third spousal elective share pursuant to Pennsylvania law, and the remainder had passed directly to the said children. r, The Parties desire to: (i) Simplify their financial affairs, (ii) Provide certain funds immediately to Donna Hipple Clever and therefore fix her interest in the various Assets of the Decedent. and (iii) Ensure that the farm which is ~ ~ Agreement -Estate and Trust of Hany P. Clever Jr. Page 3 of 9 included in the Assets is not sold, but rather distributed to the children of Harry P. Clever, Jr.. The Parties, for themselves and all contingent beneficiaries that they represent, agree that the purported Trust was never funded, and shall not be funded, such that its creation shall never be completed. To the extent that the Trust may be deemed to exist, the Parties authorize and direct the Trustee to decline any distributions from the Estate of the Decedent. The Parties, for themselves and all contingent beneficiaries that they represent, declare and agree that the purported Trust is null and void. The Parties, for themselves and all contingent beneficiaries that they represent, agree that to the extent the Trust may be deemed to exist, it shall be immediately terminated and distribution made pursuant to this Agreement. To the extent that the Trust may be deemed to exist, the Parties authorize and direct the Trustee to terminate the Trust and make distribution pursuant to this Agreement. The Parties, for themselves and all contingent beneficiaries that they represent, agree to the termination of The Donna Hlpple Clever Living Trust dated March as restated April and Amended, and to the termination of the Contract to Make Mutual Wills and Trusts and Limit Transfers dated June The Parties, for themselves and all contingent beneficiaries that they represent, agree to the Proposed Schedule of Distribution attached hereto as Attachment "B," and concerning both probate and non-probate assets, and which shows a total of being distributed to Donna Hippie Clever, a total of being distributed to Sherry Lee Miller (before inheritance tax), and a total of being distributed to Barry Gene Clever (before inheritance tax). The Parties understand and agree that upon the execution of this Agreement the Parties will receive the assets and amounts shown on Attachment "B," except for the amounts reserved until the Rite Aid stock has been paid, all taxes are finally settled, and any remaining outstanding bills are paid. (The said reserve being per person for a total of This Agreement shall be binding and final as to all Parties and alt Assets distributed hereunder, except that a Party may challenge any charge to the assets held in reserve, but only for matters occurring after the date of this Agreement. All Parties hereto desire that this Agreement make unnecessary the filing of an accounting of either the Estate or the purported Trust in the Orphans' Court Division of the Court of Common Pleas of Cumberland County. The Parties, for themselves and all contingent beneficiaries that they represent, waive the filing of an account of the administration of the Estate, or the purported Trust, ~`~G , in any court. All Parties declare that they have examined the Account attached hereto as Attachment "A," and the Proposed Schedule of Distribution attached Agreement -Estate and Trust of Harry P. Clever Jr. Page 4 of 9 hereto as Attachment "B," and find them to be true and correct in all particulars; accept and approve them with the same force and effect as if they had been prepared and filed with, audited, adjudicated and confirmed absolutely by a court of competent jurisdiction; and as if the balance of principal and income had been awarded by the Court in accordance with the Proposed Schedule of Distribution. All Parties warrant that the beneficiaries named in the Proposed Schedule of Distribution are the sole remaining parties in interest in the Estate (and purported Trust) and are entitled to receive the entire distribution thereof in accordance with the Proposed Schedule of Distribution attached hereto as Attachment "B." All Parties warrant that they know of no outstanding and unsatisfied claims against the Estate or the Trust. All Parties approve the distribution of the balance of principal and income shown in the Proposed Schedule of Distribution which is attached hereto as Attachment "B" to the persons set forth therein. All Parties absolutely and irrevocably release and discharge the Executrix and the named Trustee, to the extent that the Trust may be deemed to exist, and her heirs, personal representatives, successors and assigns, of and from any and all actions, liabilities, claims and demands relating in any way to the administration of the Estate or the purported Trust or relating in any way to distribution in accordance with the Account attached as Attachment "A," and the Proposed Schedule of Distribution attached hereto as Attachment "B" and without a court accounting and adjudication. All Parties agree to refund to the Executrix any amount of the distribution which exceeds the amount to which they are entitled in the event a Court may in the future so determine. All Parties agree to indemnify and hold harmless, the Executrix and named Trustee of the purported Trust, and her heirs, personal representatives, successors and assigns, from and against any claims, liabilities, loss or expense (including costs and counsel fees) arising from any cause whatsoever, which she may incur as a result of the administration of the estate and its distribution in accordance with this Agreement including, but not limited to, any liability for any federal estate taxes, Pennsylvania Inheritance tax or any other death taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest and costs incidental thereto, relating in any way to the Estate or purported Trust and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or ~ mistake of law or fact, provided, however, that no Party shall be liable under this indemnity for any amount in excess of the reserves set forth on Attachment "B" unless such amounts are confirmed as due by a Court in a future proceeding. n ~ ~ Agreement- Estate and Trusf of Harry P. Clever Jr Page 5 of 9 • All Parties agree that this Agreement shall be binding and effective as against each Party upon execution (signing) by that Party and the Executrix, and that all Parties further bind all beneficiaries and persons, whether they be born or unborn, minors or sui juris (adults), for whom each Parley is authorized to act pursuant to any other provision of law. IN WITNESS WHEREOF, and with intent to be legally bound hereby, the parties hereto have set their hands and seals this f'i~~~' day of September, Witness: ~ n-, ~ ~p '~,_~h (Sea/) Donna Hippie lever, Executrix and surviving spouse Witness: n s r~ (Seal) Donna Hippie ever, as named successor Trustee and named income beneficiary of the purported trust titled "The Harry P. Clever, Jr. Living Trust dated March as restated April as Amended" and as a party to a certain Contract to Make Mutual Wills and Trusts and Limit Transfers dated June Witness: ~4~t'~.~ ~ (Sea/) Sherry Le¢ Miller, child and intestate beneficiary of the Estate of Harry P. Clever, Jr.; as a named remainder beneficiary of the purported trust titled "The Harry P. Clever, Jr. Living Trust dated March as restated April and Amended" for herself as such named remainder beneficiary and as representative of her heirs and others; and as a third party beneficiary of a certain Contract to Make Mutual Wills and Trusts and Limit Transfers dated June . ~"~J Agreement -Estate and Trust of Harry P. Clever Jr Page 6 of 9 ` G" i i Witness: c. (Sea/) ry ne Clever, child and intestate beneficia of the Estate of Harry P. Clever, Jr.; as a named remainder beneficiary of the purported trust titled "The Harry P. Clever, Jr. Living Trust dated March as restated April and Amended" for himself as such named remainder beneficiary and as representative of his heirs and others; and as a third party beneficiary of a certain Contract to Make Mutual Wills and Trusts and Limit Transfers dated June State of Pennsylvania }ss. County of Cumberland 4n this, the 24th day of June, before me, the undersigned officer, persona/lyappeared Donna Hippie Clever, Executrix and surviving spouse of Harry P. Clever, Jr., known to me (or satisfactorilygroven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. !N WITNESS WHEREOF, I hereunto set my hand and official seal. rti K t. ~ - (SEAL) M NweK.t~?ar~~ Nor~w.aFx. ~ C ' ~ w u~, Ha~.rtwe y~'~Qsa~i~bn 6ipYr Mwr~M ~4M `f~~ Agreement -Estate and Trust of Harry P. Clever Jr. Page T of 9 ~ i State of Pennsylvania }ss. County of Cumberland On this, the 24th day of June, before me, the undersigned officer, personally appeared Donna Hippie Clever, named successor Truster and named income beneficiary of the purported trust titled "The Harry P. Clever, Jr. Living Trust dated March as restated April 200fi, as Amended", 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 fhe purposes therein contained. tN WITNESS WHEREOF, l hereunto set my hand and official seal. mv,~s ~1~~-,D~ ,man (SEAL) State of Pennsylvania }ss. County of Cumberland On fhis, the 24th day of June, before me, the undersigned officer, personally appeared Sherry Lee Miller, individually and in her capacities stated at her signature line, known fa me (or satisfactorilyprovm) to be the persons whose names are subscribed to the within insfrument, and acknowledged that they executed the same for the purposes therein contained. tN W/TNESS WHEREOF, I hereunto set my hand and official seal. ~ ~ ~~-a~ M~ r~w~.n~oFa~werw~wu? ~ / r (SEAL) ~jQ~, G. wi~..~s. ~rrwe~~ Agreement- Fstate and Trust of Narry P. C/everJr. Page 8 of 9 ~ r~ • State of Pennsylvania }ss. County of Cumberland On this, the 24th day of June, before me, the undersigned officer, personally appeared Barry Gene Clever, individually and in his capacities stated at his signature line, 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. /N WITNESS WHEREtJF, 1 hereunto set my hand and o~cial seal. Alb` hu..+ f (SEAL) ~~,v„TMOFr~aa ~Mw~~r~ ~ w? ~J. Agreement -Estate and Trust of Harry P. Clever Jr. Page 9 of 9 ~ i FIRST AND FINAL ACCOUNT OF DONNA RIPPLE CLEVER, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF HARRY P. CLEVER, JR., LATE OF CREEK ROAD, WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED DATE OF DEATH: LETTERS TESTAMENTARY ADVERTISED: CUMBERLAND LAW JOURNAI Not Advertised FILE NO.: THE SENTINEL Not Advertised PRINCIPAL RECEIVED - REAL E5TATE Accountant charges herself with the following principal amounts received: Date 20-Sep Acres Farmland -Parcel No.: 43-OS-0417-010 Upper Frankford Township, Cumberland County, Pennsylvania Deed Book Page Part of Lot PB PG Clean and Green Assessment: TOTAL PRINCIPAL RECEIVED -REAL E5TATE: PRINCIPAL RECEIVED -PERSONAL PROPERTY Accountant charges herself with the following principal amounts received: Date ~ ~ . , 20-Sep Coin Collection Proof Sets for years through Q Appraisal Per "The Collector's Dream," Fayetteville, PA -c~, t,.~ 1st & final Harry Clever xls ATTACHMENT "A" Page 1 20-Sep 1N Bank -Formerly First National Bank of Chester County Formerly American Home Bank Checking Account No.: Money Market No.: CD No.: (Value when closed Note: Month CD No.: jointly owned with Donna Hipple Clever, statement value: Plus days Interest at Total Estimated Value DOD = Not a Probate Asset: 20-Sep M&T Bank - Not a Probate Asset Note: Checking account jointly owned with Donna H. Clever, DOD value: 20-Sep Prudential Securities IRA - Not a Probate Asset Note: DOD value Distributed to beneficiaries, Sherry Lee Miller and Barry Gene Clever 20-Sep Three Prudential Insurance Policies (Received Not a Probate Asset -Paid directly to Donna Hipple Clever Contract Contract Contract 20-Sep Frog Switch Insurance - - Not a Probate Asset Note: Frog Switch Insurance paid to Donna H. Clever as surviving spoous. She re-distributed to one-half to each of Sherry Lee Miller and Barry Gene Clever 20-Sep Shares Prudential Financial Common Stock @ 20-Sep Shares Rite Aid Common Stock @ per share 20-Sep PA Housing Finance Agency Single Family @ (Rick Pursell -Delta Equity -Brokerage Account. Money Market account had zero balance at DOD.) 20-Sep Household Personal Property (Previously Gifted} R ~ 20-Sep Chair and Desk (No monetary value) v S-10 Picku Truck t~~J~ l~ Sep Che y p 1st & final Harry Clever xls ATTACHMENT "A" Page 2 12-Oct Pruco Securities, LLC -Dividend dated September 2$-Oct Merrill Lynch Pension Check Dated September (Frog Switch Pension) 29-Jun Refund -Year Pennsylvania Personal Income Tax TOTAL PRINCIPAL RECEIVED -PERSONAL PROPERTY: INCOME RECEIVED Accountant charges herself with the following income amounts received: Date 12-Oct Pershing -Delta Equity Services Corp. Distribution dated October 28-Oct 1N Bank -Formerly First National Bank of Checster County Formerly American Home Bank Accrued Interest to DOD: Checking Account Na.: Money Market No.: CD No.: 8-Nov Interest on Estate Checking Account No.: 26-Nov Gain (Loss) on Sale of Shares Prudential Financial Common Stock S2) 8-Dec Interest on Estate Checking Account No.: 3-Jan Gain (Loss) on Sale of PA Housing Finance Agency Single Family bonds (1,671.55)'~~'~`C' 11-Jan Interest on Estate Checking Account No.: 1st & final Harry Clever xls ATTACHMENT "A" Page 3 20-Jan Refund - Adarns Electric Cooperative 9-Feb Interest on Estate Checking Account No.: 9-Mar Interest on Estate Checking Account No.: 5-Apr Refund -Farm Credit 6-Apr Interest on Estate Checking Account No.: 15-Apr Interest on Estate Checking Account No.: 10-May Interest on Estate Checking Account No.: 9-Jun Interest on Estate Checking Account No.: 12-Jul Interest on Estate Checking Account No.: 9-Aug Interest on Estate Checking Account No : Gain (Lass) on Sale of Shares Rite Aid Common Stock ESTIMATED E Interest on Estate Checking Account No.: TOTAL INCOME RECEIVED DISBURSEMENTS Accoutant claims credit for the following amounts paid: Date 20-Sep Checks Cleared after death in Joint Account N!A -Hoffman-Roth Funeral Home - ~G= -U.M.W. Women Funeral Luncheon - ~J#3799 -Family Home Medical - j') ~J#3801 - Sollenberger Colon & Rectal Surgery, LTD - t,,_,_ 1st & final Harry Clever xls ATTACHMENT "A" Page 4 15-Oct Bank Service Fee -Wachovia Bank -Void deposit Check Frog Switch pension check for October 27-Oct Check Printing Fee -Wachovia Bank 28-Oct Hoffman-Roth Funeral Home 28-Oct Family Home Medical 28-Oct Cumberland Goodwill EMS 28-Oct West Shore EMS 28-Oct West Shore EMS 8-Nov Family Home Medical 9-Nov Refund -Check Printing Fee (Partial) 15-Dec Battery for Truck (Reimburse Donna H. Clever) 15-Dec Special Event Emergency Medical Services 18-Mar Shirley J. Armold, Tax Collctor 'near County and Municipal Tax on Real Estate 18-Mar Repairs to Truck (Reimburse Donna H. Clever) 1$-Mar State Inspection of Truck (Reimburse Donna H. Clever) 18-Mar Register of Wills for Probate Fee (Reimburse Frey & Tiley} 18-Mar Register of Wills for Short Certificate (Reimburse Frey & Tiley) 22-Aug Register of Wills for Short Certificates (Reimburse Frey & Tiley) 29-Aug Shirley J. Arnold -Tax Collector -School Real Estate Tax (Not Pro-rated) Register of Wills, Agent -Pennsylvania Inheritance Tax (Not accepted by Dept. of Revenue as of the date of this Account.) Reimburse Donna H. Clever for portion of PA-40 tax refund representing quarterly payments made by her Recorder of Deeds -Recording Fee for Deed rn ~ 1st & final Harry Clever xls ATTACHMENT "A" ~ ~ ~ Page SP f ` Real Estate Tax (and any CREP Program) Pro-ration shown on final Proposed Schedule of Distribution attached to Agmt. N/A Donna Hippie Clever -Executrix Fee Frey & Tiley -Attorney's Fees TOTAL DISBURSEMENTS TOTAL DISBURSEMENTS EXCLUDING INHERITANCE TAX RECAPITULATION Total Principal Received -Real Estate Total Principal Received -Personal Property Total Income Received Total Receipts Less Total Disbursements Balance for Distribution 1st & final Harry Clever xis ATTACHMENT "A" ~ ~ ~ , Page 6 ! ~ COMMONWEALTH OF PENNSYLVANIA ss.. COUNTY OF CUMBERALND Before me, the undersigned officer, personally appeared Donna Hippie Clever, Executrix of the Last Will and Testament of Harry P. Clever, Jr., Deceased, who, being duly sworn according to law, desposes and says that the foregoing First and Final Account and Proposed Schedule are true and correct to the best of her knowledge, information and belief. Do Hippie Clever Sworn to and subscribed before me this day of ~~~t» K?.2~' o?C3 ! 1 f ~s~a., ,~oF*~~ ~~~~m 1st & final Harry Clever xis ATTACHMENT "A" page 7 i PROPOSED SCHEDULE OF DISTRIBUTION PROBATE AND NON-PROBATE PROPERTY ESTATE OF HARRY P. CLEVER AND THE HARRY P. CLEVER, 7R., LIVING TRUST DATED MARCH AS RESTATED APRIL (See Exhibit "E" For Values.) I Assets Passing Directly to Surviving Spouse: A. First National Bank of Chester County CD No.: (DOD Bal.} B. M&T Bank Checking (DOD Balance) C. Three Prudential Policies (Total Received) Contract No. Contract No. Contract No. Total: II Assets Passing To Children of Harry P. Clever, 3r. A. Frog Switch Insurance (From Donna H. Clever) B. Prudential IRA at DOD Value: Total: III Sub-total of Non-Probate Assets IV Probate Assets A. Total Principal Received -Real Estate B. Total Principal Received -Personal Property Total; ~ Schedule of Distributin Clever xlsx ATTACHMENT "B" 1 • V Recapitulation and Expenses A. Non-Probate Assets B. Probate Assets Sub-tota I 6 C. Plus (Minus} Net Income (Loss) D. Less Estate Disbursements excluding Inheritance Tax Total Disbursements Less Inheritance Tax E. Funds for Division Before Inheritance Tax VI Division of Estate into Spousal and Children's Shares A. To Donna H. Clever B. To Children VII Spousal Assets to Donna H. Clever A. Total Share B. Assets Passing Directly to Spouse (Section I) C. Chevy S-10 Pickup Truck D. Additional Cash Assets From Probate Estate E. Less Reserve Until Final Settlement F. Total at Signing of Family Settlement Agreement G. Note: Total Cash From Estate at Signing: c~? H. Note: Spouse Also Receives Executrix Fee: ~ f., d Schedule o Distributin Clever xlsz ATTACHMENT "B" ~ 2 f • VIII Children's Assets to Sherry Lee Miller A of Who{e (half of Children's Share) B. One-half value of Real Estate (Section IV A.} C. One-half of Assets Passing Directly To Children (Section II) D. One-half of Coins Distributed in Kind E. Additional Cash Assets From Probate Estae F. Sub Total: G. Less One-half of Interitance Tax H. Less Reserve Until Final Settlement I. Total at Signing of Family Settlement Agreement Note: Total Cash From Estate at Signing: IX Children's Assets to Barry Gene Clever A of Whole (half of Children's Share) B One-half value of Real Estate (Section IV A.) C One-half of Assets Passing Directly To Children (Section II) D. One-half of Coins Distributed in Kind E. Additional Cash Assets From Probate Estae F. Sub-Total: G. Less One-half of Interitance Tax H. Less Reserve Until Final Settlement I. Total at Signing of Family Settlement Agreement Note: Total Cash From Estate at Signing: .,J ~ ~ , Schedule of Distributin Clever xlsx ATTACHMENT "B" 3 _ _ X Balance to Cash for Distribution A. Balance Available For Distribution From Schedule "E" B, Less Chevy Truck Distributed In-Kind C. Less Real Estate Distributed In-Kind D. Less Coins Distributed In-Kind E. Net Cash for Distribution F. Cash to Donna H. Clever from Probate Estate G. Cash to Sherry Lee Miller from Probate Estate H. Cash to Barry Gene Clever from Probate Estate I. Less Inheritance Tax Ba{ance to Cash for Distribution XI Balance to Cash A. Cash Balance In Estate Checking Account B. Less Checks Entered on First and Final Account but not written or occurred. Rite-Aid Principal Rite-Aid Loss Not Realized Inheritance Tax Reimb. for PA-40 Tax Refunc Recording Deed to Children Executrix Fee Attorney's Fees C. Less Cash at signing of Agreement: Donna Sherry Barry 0 D. Equals Reserve 0 Schedule of Distributin Clever xlsx ATTACHMENT "B" ~ ~