HomeMy WebLinkAbout09-15-11 (2)
Release and Agreement Waiving Filing of Account~~ -= _.,_,
Declaring Trust Null and Void, ~~ ~'.~ -- _
And Establishing Agreed Upon Distribution of Estate ~.~ ~__'
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This Agreement is by and between Donna Hipple Clever of02 ~ -__ -,--
Creek Road, Carlisle, Pennsylvania 17015; in her capacity as Executrr~ui~der ~'• -
the Will dated March 22, 2005 of Harry P. Clever, Jr., Deceased, who wasc `' ~ ~ ~'
of the same address;
and
Donna Hipple Clever of 1202 Creek Road, Carlisle, Pennsylvania
17015; 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 22, 2005, as restated April 11, 2006, as Amended;" and as a party
to of a certain Contract to Make Mutual Wills and Trusts and Limit Transfers
executed on June 1, 2009;
and
Sherry Lee Miller of 15 South Stoner Avenue, Shiremanstown,
Pennsylvania 17011 and Barry Gene Clever of 4144 Enola Road, Newville,
Pennsylvania 17241; 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 22, 2005, as restated April 11, 2006, 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 1, 2009.
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:
1. Harry P. Clever, Jr. ("Decedent") died on September 20, 2010, a
resident of West Pennsboro Township (1202 Creek Road, Carlisle, PA 17015),
Cumberland County, Pennsylvania, leaving a Will dated March 22, 2005.
2. Decedent's Will was admitted to probate by the Register of Wills of
Cumberland County on October 12, 2010, and Letters Testamentary were issued ~,~,~.
to Donna Hipple Clever as Executrix, (the "Executrix") and filed to number 21-10-
1028. (the "Estate")
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Agreement -Estate and Trust of Harry P. Clever Jr. Page 1 of 9 ~ j ~-
3. In his Will, Decedent made no specific bequests and provided for
all property to pass to "Harry P. Clever, Jr. and Donna Hippie Clever, Trustees of
the Harry P. Clever, Jr. Living Trust dated March 22, 2005 and any amendments
thereto" pursuant to Article One, Section 1, of the Will. The Parties previously
received a copy of the Decedent's Will.
4. The parties agree to forgo the expense of advertising the grant of
Letters Testamentary.
5. The Executrix has prepared a Pennsylvania Inheritance Tax Return
pursuant to the terms of this Agreement and upon execution of this Agreement
will file the same. The Executrix has prepared year 2010 federal and state,
personal and fiduciary, income tax returns and paid the appropriate taxes
thereon. The Executrix will prepare year 2011 fiduciary income tax returns and
pay the appropriate taxes thereon from the Estate's assets.
6. Upon the filing of the aforementioned Inheritance Tax Return, and
the payment of the taxes shown thereon, and upon the filing of the year 2011
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.
7. 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 500 shares of Rite Aid common stock, the sale of which is pending.
8. The purported trust titled The Harry P. Clever, Jr. Living Trust dated
March 22, 2005 was restated on April 11, 2006. The Parties previously received
a copy of the April 11, 2006 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 1, 2009. 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 22, 2005 as restated on April 11, 2006, and as
amended by the First Amendment, is referred to herein as the "Trust."
9. 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(a) of the Trust document. Schedule "A" recites that
$10.00 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.
10. The Decedent and Donna Hippie Clever entered into a Contract to
Make Mutual Wills and Trusts and Limit Transfers on June 1, 2009, a copy of
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Agreement -Estate and Trust of Harry P. Clever Jr. Page 2 of 9
which was previously provided to the Parties. Pursuant to paragraph one (1) 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.
11. 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.
12. Section 5.01 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."
13. Section 14.14 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 16.07(1) of the Trust document and the creation of the Trust was never
completed as it never received property.
14. Among other powers of the named Trustee, Section 15.09 of the
Trust document gives the Trustee the power to operate, or sell, any farm.
15. 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.")
16. 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.
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17. 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 Harry P. Clever Jr. Page 3 of 9 J
included in the Assets is not sold, but rather distributed to the children of Harry P.
Clever, Jr..
18. 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.
19. 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.
20. The Parties, for themselves and all contingent beneficiaries that
they represent, agree to the termination of The Donna Hlpple Clever Living Trust
dated March 22, 2005, as restated April 11, 2006, and Amended, and to the
termination of the Contract to Make Mutual Wills and Trusts and Limit Transfers
dated June 1, 2009.
21. 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 $206,891.87 being distributed to Donna Hipple Clever, a
total of $206,891.87 being distributed to Sherry Lee Miller (before inheritance
tax), and a total of $206,891.86 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 $5,000 per person for a total of $15,000.) This
Agreement shall be binding and final as to all Parties and all 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.
22. 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, ~`~_~
in any court.
23. All Parties declare that they have examined the Account attached ~~ ~ e
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.
24. 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."
25. All Parties warrant that they know of no outstanding and unsatisfied
claims against the Estate or the Trust.
26. 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.
27. 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.
28. 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.
29. 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
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received or payments or distributions made by reason of any negligence or ~
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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. ~"~J)
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Agreement -Estate and Trust of Harry P. Clever Jr Page 5 of 9
30. 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 Party 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 ~yy~-~ day of
September, 2011.
Witness: ~ ~ _ ~~ ~~ _ G ~.~ ~p h (Seal)
Donna Hipple IC 'ever, Executrix
and surviving spouse
Witness: ~ah~ ..~ ~. ~~ (? ~,~ v (Seal)
Donna Hippl-e fever, as named successor
Trustee and named income beneficiary of the
purported trust titled "The Harry P. Clever, Jr.
Living Trust dated March 22, 2005, as restated
April 11, 2006, as Amended" and as a party to
a certain Contract to Make Mutual Wills and
Trusts and Limit Transfers dated June 1, 2009
Witness: -~"'~irw ~,~..~~~ TY' .~t.~~t ~ -~ (Seal)
Sherry Lei 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 22, 2005, as restated
April 11, 2006, 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 1, 2009
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Agreement -Estate and Trust of Harry P. Clever Jr Page 6 of 9 , ~~ ~
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Witness: - -~ (Seal)
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ry ne Clever, child and intestate
beneficia y 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 22, 2005, as restated
April 11, 2006, 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 1, 2009
State of Pennsylvania
}ss.
County of Cumberland
On this, the 24th day of June, 2011, before me, the undersigned officer,
personal/yappeared Donna Hipple Clever, Executrix and surviving spouse of
Harry P. Clever, Jr., 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, 1 hereunto set my hand and official seal.
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Agreement -Estate and Trust of Harry P. Clever Jr Page 7 of 9
State of Pennsylvania
}ss.
County of Cumberland
On this, the 24th day of June, 2011, before me, the undersigned officer,
personally appeared Donna Hipple Clever, named successor Trustee and
named income beneficiary of the purported trust titled "The Harry P. Clever, Jr.
Living Trust dated March 22, 2005, as restated April 11, 2006, 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 the purposes therein contained.
IN WITNESS WHEREOF, !hereunto set my hand and official seal.
c~h,vt...~, ~ ~ ~ ~.l'~~ ~ ~ ~ (SEAL)
State of Pennsylvania
}ss.
County of Cumberland
On this, the 24th day of June, 2011, before me, the undersigned officer,
personally appeared Sherry Lee Miller, individually and in her capacities
stated at her 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.
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.
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Agreement -Estate and Trust of Harry P. Clever Jr. Page 8 of 9 `~~
State of Pennsylvania
}ss.
County of Cumberland
On this, the 24th day of June, 2011, before me, the undersigned officer,
personal/yappeared 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.
IN WITNESS WHEREOF, I hereunto set my hand and offrcial seal.
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Agreement -Estate and Trust of Harry P. Clever Jr Page 9 of 9
FIRST AND FINAL ACCOUNT OF DONNA RIPPLE CLEVER,
EXECUTRIX OF THE LAST WILL AND TESTAMENT OF HARRY P. CLEVER, JR.,
LATE OF 1202 CREEK ROAD, WEST PENNSBORO TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED
DATE OF DEATH: LETTERS TESTAMENTARY ADVERTISED:
9/20/10 CUMBERLAND LAW JOURNAL
Not Advertised
FILE NO.:
THE SENTINEL
21-10-1028 Not Advertised
PRINCIPAL RECEIVED -REAL ESTATE
Accountant charges herself with the following principal amounts received:
Date
2010
20-Sep 63.340 Acres Farmland -Parcel No.: 43-OS-0417-010 286,500.00
Upper Frankford Township, Cumberland County, Pennsylvania
Deed Book 128, Page 444, Part of Lot 1, PB 78, PG 40
Clean and Green Assessment: $46,700.00
TOTAL PRINCIPAL RECEIVED -REAL ESTATE:
PRINCIPAL RECEIVED -PERSONAL PROPERTY
Accountant charges herself with the following principal amounts received:
Date
2010
20-Sep Coin Collection
Proof Sets for years 1969 through 1987
Appraisal Per "The Collector's Dream," Fayetteville, PA
286,500.00
139.00
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1st & final Harry Clever 9.5.11 xls ATTACHMENT "A" Page 1
20-Sep 1N Bank -Formerly First National Bank of Chester County
Formerly American Home Bank
Checking Account No.: 108596 10,592.13
Money Market No.: 117293 21,069.48
CD No.: 29005745 (Value when closed 10/28/10) 67,078.66
Note: 30 Month CD No.: 70157367 jointly owned with
Donna Hipple Clever, 8/15/11 statement value: $102,330.31
Plus 36 days Interest at 3.08%, Total Estimated Value
DOD = $102,641.17. Not a Probate Asset: 0.00
20-Sep M&T Bank - Not a Probate Asset
Note: Checking account jointly owned with
Donna H. Clever, DOD value: $9,006.96. 0.00
20-Sep Prudential Securities IRA - Not a Probate Asset
Note: DOD value $44,462.30. Distributed to beneficiaries,
Sherry Lee Miller and Barry Gene Clever 0.00
20-Sep Three Prudential Insurance Policies (Received 12/1/2010)
Not a Probate Asset -Paid directly to Donna Hipple Clever 0.00
Contract 25 972 266 $21,783.41
Contract 25 181 692 $20,405.03
Contract 40 236 689 $8,075.36
20-Sep Frog Switch Insurance - $3,500 - 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 0.00
20-Sep 121 Shares Prudential Financial Common Stock @ $56.30 6,812.30
20-Sep 500 Shares Rite Aid Common Stock @ $1.02 per share 510.00
20-Sep 50,000 PA Housing Finance Agency Single Family @ $1.03 51,668.00
(Rick Pursell -Delta Equity -Brokerage Account.
Money Market account had zero balance at DOD.)
20-Sep Household Personal Property (Previously Gifted) 0.00 r~
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20-Sep Chair and Desk (No monetary value) 0.00
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20-Sep Chevy S-10 Pickup Truck 1,900.00
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1st & final Harry Clever 9.5.11 xls ATTACHMENT "A" Page 2
12-Oct Pruco Securities, LLC -Dividend dated September 1, 2010
28-Oct Merrill Lynch Pension Check Dated September 1, 2010
(Frog Switch Pension)
2011
29-Jun Refund -Year 2010 Pennsylvania Personal Income Tax
238.35
453.56
740.00
TOTAL PRINCIPAL RECEIVED - P1E;RSONAL PROPERTY: 161,201.48
INCOME RECEIVED
Accountant charges herself with the following income amounts received:
Date
2010
12-Oct Pershing -Delta Equity Services Corp.
Distribution dated October 6, 2010 995.00
28-Oct 1N Bank -Formerly First National Bank of Checster County
Formerly American Home Bank
Accrued Interest to DOD:
Checking Account No.: 108596 6.09
Money Market No.: 117293 21.82
CD No.: 29005745 0.00
8-Nov Interest on Estate Checking Account No.: 1010296344873 1.09
26-Nov Gain (Loss) on Sale of 121 Shares
Prudential Financial Common Stock (275.52)
8-Dec Interest on Estate Checking Account No.: 1010296344873 3.96
2011
3-Jan Gain (Loss) on Sale of 50,000 PA Housing Finance
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11-Jan
Interest on Estate Checking Account No.: 1010296344873
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1st & final Harry Clever 9.5.11 xls ATTACHMENT "A" Page 3
20-Jan Refund -Adams Electric Cooperative
9-Feb Interest on Estate Checking Account No.: 1010296344873
9-Mar Interest on Estate Checking Account No.: 1010296344873
5-Apr Refund -Farm Credit
6-Apr Interest on Estate Checking Account No.: 1010296344873
15-Apr Interest on Estate Checking Account No.: 1010296344873
10-May Interest on Estate Checking Account No.: 1010296344873
9-Jun Interest on Estate Checking Account No.: 1010296344873
12-Jul Interest on Estate Checking Account No.: 1010296344873
9-Aug Interest on Estate Checking Account No.: 1010296344873
??? Gain (Loss) on Sale of 500 Shares
Rite Aid Common Stock -- ESTIMATED
??? Interest on Estate Checking Account No.: 1010296344873
TOTAL INCOME RECEIVED
DISBURSEMENTS
Accoutant claims credit for the following amounts paid:
Date
2010
20-Sep Checks Cleared
9/23 ~J#3797
9/23 ~J#3798
10/8 ~J#3799
10/8 ~J#3801
E
20.64
6.01
5.80
61.44
6.83
0.83
5.16
619
6.82
5.81
(60.00)
(848.38)
after death in Joint Account
- Hoffman-Roth Funeral Home - $436.87
- U.M.W. Women Funeral Luncheon - $260.00
- Family Home Medical - $107.04
- Sollenberger Colon & Rectal Surgery, LTD - $5.00
1st & final Harry Clever 9.5.11 xls ATTACHMENT "A"
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Page 4
15-Oct Bank Service Fee -Wachovia Bank -Void deposit Check
Frog Switch pension check for October 1, 2010
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
2011
18-Mar Shirley J. Armold, Tax Collctor
Year 2011 County and Municipal Tax 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 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
1st & final Harry Clever 9.5.11 xls ATTACHMENT "A" ~ ~~ ~ .
12.00
13.00
5,195.00
69.04
50.00
50.00
50.00
64.01
(12.00)
79.49
47.50
100.96
91.16
139.39
419.50
4.00
8.00
553.68
18,688.24
555.00
62.00 ~j
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Page 5
~~~
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Real Estate Tax (and any CREP Program) Pro-ration shown
on final Proposed Schedule of Distribution attached to Agmt.
Donna Hipple 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 9.5.11 xls ATTACHMENT "A" <~ ~
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N/A
13,500.00
15,000.00
54,739.97
36,051.73
286,500.00
161,201.48
(848.38)
446,853.10
54,739.97
392,113.13
~~
Page 6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERALND
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Before me, the undersigned officer, personally appeared Donna Hipple 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.
e
Sworn to and subscribed before me
this day of ~~~em ~ ao ~ 1.
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1st & fcnal Harry Clever 9.5.11 xls
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ATTACHMENT "A"
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Page 7
PROPOSED SCHEDULE OF DISTRIBUTION
PROBATE AND NON-PROBATE PROPERTY
ESTATE OF HARRY P. CLEVER AND
THE HARRY P. CLEVER, 7R., LIVING TRUST DATED MARCH 22, 2005
AS RESTATED APRIL 22, 1006
(See Exhibit "E" For Values.)
I Assets Passing Directly to Surviving Spouse:
A. First National Bank of Chester County
CD No.: 70157367 (DOD Bal.) 102,641.17
B. M&T Bank Checking #23106948
(DOD Balance) 9,006.96
C. Three Prudential Policies (Total Received)
Contract No. 25 972 266 21,783.41
Contract No. 25 181 692 20,405.03
Contract No. 40 236 689 8,075.36
50,263.80 50,263.80
Total: 161,911.93
II Assets Passing To Children of Harry P. Clever, ]r.
A. Frog Switch Insurance (From Donna H. Clever) 3,500.00
B. Prudential IRA at DOD Value: 44,462.30
Total: 47,962.30
III Sub-total of Non-Probate Assets 209,874.23
IV Probate Assets
A. Total Principal Received -Real Estate 286,500.00
B. Total Principal Received -Personal Property 161,201.48
Total: 447,701.48
Schedule of Distributin Clever 9.5.11 xlsx ATTACHMENT "B"
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V Recapitulation and Expenses
A. Non-Probate Assets
B. Probate Assets
209,874.23
447,701.48
Sub-total 657,575.71
C. Plus (Minus) Net Income (Loss) (848.38)
D. Less Estate Disbursements excluding Inheritance Tax
Total Disbursements 54,739.97
Less Inheritance Tax (18,688.24)
36,051.73 (36,051.73)
E. Funds for Division Before Inheritance Tax 620,675.60
VI Division of Estate into Spousal and Children's Shares
A. 1/3 To Donna H. Clever 206,891.87
B. 2/3 To Children 413,783.73
620,675.60
VII Spousal Assets to Donna H. Clever
A. Total 1/3 Share 206,891.87
B. Assets Passing Directly to Spouse (Section I) 161,911.93
C. Chevy S-10 Pickup Truck 1,900.00
D. Additional Cash Assets From Probate Estate 43,079.94
E. Less Reserve Until Final Settlement (5,000.00)
F. Total at Signing of Family Settlement Agreement 201,891.87
G. Note: Total Cash From Estate at Signing: 38,079.94 ~
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H. Note: Spouse Also Receives Executrix Fee: 13,500.00 ^ ;j ~ ~-~.
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Schedule of Distributin Clever 9.5.11 xlsx ATTACHMENT "B" ~ Z
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VIII Children's Assets to Sherry Lee Miller
A 1/3 of Whole (half of Children's Share) 206,891.87
B. One-half value of Real Estate (Section IV A.) 143,250.00
C. One-half of Assets Passing Directly To Children
(Section II) 23,981.15
D. One-half of Coins Distributed in Kind 69.50
E. Additional Cash Assets From Probate Estae 39,591.22
F. Sub-Total: 206,891.87
G. Less One-half of Interitance Tax (9,344.12)
H. Less Reserve Until Final Settlement (5,000.00)
I. Total at Signing of Family Settlement Agreement 192,547.75
7. Note: Total Cash From Estate at Signing: 25,247.10
IX Children's Assets to Barry Gene Clever
A 1/3 of Whole (half of Children's Share) 206,891.86
B One-half value of Real Estate (Section IV A.) 143,250.00
C One-half of Assets Passing Directly To Children
(Section II) 23,981.15
D. One-half of Coins Distributed in Kind 69.50
E. Additional Cash Assets From Probate Estae 39,591.21
p. Sub-Total: 206,891.86
G. Less One-half of Interitance Tax (9,344.12)
H. Less Reserve Until Final Settlement (5,000.00)
I. Total at Signing of Family Settlement Agreement 192,547.74
7. Note: Total Cash From Estate at Signing: 25,247.09 ~~
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Schedule of Distributin Clever 9.5.11 xlsx ATTACHMENT "B" 3
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X Balance to Cash for Distribution
A. Balance Available For Distribution
From Schedule "E" 392,113.13
B. Less Chevy Truck Distributed In-Kind (1,900.00)
C. Less Real Estate Distributed In-Kind (286,500.00)
D. Less Coins Distributed In-Kind (139.00)
E. Net Cash for Distribution 103,574.13
F. Cash to Donna H. Clever from Probate Estate 43,079.94
G. Cash to Sherry Lee Miller from Probate Estate 39,591.22
H. Cash to Barry Gene Clever from Probate Estate 39,591.21
I. Less Inheritance Tax (18,688.24)
). Balance to Cash for Distribution 103,574.13
XI Balance to Cash
A. Cash Balance In Estate Checking Account 9/5/11 150,929.37
B. Less Checks Entered on First and Final
Account but not written or occurred.
Rite-Aid Principal (510.00)
Rite-Aid Loss Not Realized 60.00
Inheritance Tax 18,688.24
Reimb. for PA-40 Tax Refunc 555.00
Recording Deed to Children 62.00
Executrix Fee 13,500.00
Attorney's Fees 15,000.00
47,355.24
C. Less Cash at signing of Agreement: Donna
Sherry
Barry
D. Equals Reserve
Schedule of Distributin Clever 9.5.11 xlsx ATTACHMENT "B"
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(47,355.24)
(38,079.94)
(25,247.10)
(25,247.09)
15,000.00
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