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HomeMy WebLinkAbout01-18-12f' , FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE In the estate of ANNA E. LIDDICK THIS FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE is made this ,~ ~~ ~ ~ day of ~~~C.~ ~U1,'g~ /~ , 2011, by and among Charles E. Liddick, Jr., Peggy Bitting and James Liddick (herein jointly referred to as "Beneficiaries") and Charles E. Liddick, Executor of the Estate of Anna E. Liddick, deceased (hereinafter referred to as "Executor") In accordance with the desire that the administration of the Estate of Anna E. Liddick be terminated without the expense and delay of a court accounting, the parties hereto, in consideration of the mutual covenants herein expressed and intending to be legally bound, hereby agree that: WHEREAS: Anna E. Liddick died May 7, 2011, and a will, being the Last Will and Testament of Anna E. Liddick, dated October 4, 1994, was accepted for probate. A true and correct copy of the Will is attached hereto, labeled Exhibit "A" and made a part hereof; and WHEREAS: Letters of Testamentary of the Estate of Anna E. Liddick were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on May 23, 2011, to Executor, a copy of which is attached hereto, labeled Exhibit "B" and made a part hereof; and WHEREAS: Executor has gathered the assets, consisting of real and personal property, of the Estate of Anna E. Liddick. The Accounting of the Estate by Executor, by way of the Inheritance Tax Returns, consisting of an original return which is attached hereto and made part hereof as Exhibit "C", constitutes the assets gathered, the debts paid, the disbursennents made, and the distribution to all respective parties hereto; and _{ WHEREAS: The assets of the Estate show a net value of $179,299.15 less inheritance tax of $8,068.37 or a net of $171,258.78 of which each beneficiary is to receive one third (1/3) or 557,086.26; and WHEREAS: The following beneficiaries have an interest in the net Estate of Anna E. Liddick: Charles E. Liddick, Jr., Son of Decedent: One third of Net Estate Peggy Bitting, Daughter of Decedent: One third of Net Estate James Liddick, Son of Decedent: One third of'_~let Estate WHEREAS: On the full execution hereof Executor will distribute to Charles E. Liddick, Jr., Peggy Bitting and James Liddick $57,086.26 each, or a total of $131,258.78. NOW THEREFORE, Beneficiaries, do hereby acknowledge that each has been notified by Executor in his capacity as Executor of the Estate of Anna E. Liddick, of full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as given, devised and bequeathed to us pursuant to Pennsylvania Code, which amounts each does acknowledge; and which amounts, are in the amounts set opposite the Distributions to Each Beneficiary in the [nheritance Tax, and to be distributed as attached hereto and made part hereof after the agreed upon distributions as per the copy of the will. Advice of Counsel We, Beneficiaries, hereby acknowledge that this Family Settlement Agreement and Final Release contains provisions which may waive legal rights and assume legal responsibilities and encumbrances, or has other legal consequences, and that We have been informed to seek the advice of counsel before signing said Agreement. The above named hereby acknowledges that each has freely chosen to sign this Family Settlement Agreement and Final Release without the consent or advise of legal counsel. That each was given the opportunity to seek legal counsel to review this Agreement prior to signing, but choose instead to sign without such counsel. The above named acknowledges that each is of sound mind and disposition. We have read and understand the nature and importance of this Agreement, that we consider the provisions of this Agreement to be fair, just and reasonable, that we enter into it freely and voluntarily. Agreement to waive filing of formal account We, beneficiaries, hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree that we consent to distribution being made without the filing of an account and schedule of distribution, with the same to be with the same force and effect as if they had been filed and confirmed by the Orphan's Court Division of the Court of Common Pleas, Cumberland County, Pennsylvania. Waiver of Liability We, Beneficiaries, hereby remise, release, quit-claim and forever discharge Executor, in his capacity as Executor of the Estate of Anna E. Liddick, his heirs, executors, and Executors and assigns, and agents, of and from the said Estate and from all actions, suits, contests, payments, accounts, reckonings, claims and demands whatsoever for, or by reason thereof, or for any other use, matter, cause or thing whatsoever touching upon the Estate. Assumption of Liability We, Beneficiaries, FURTHER HEREBY COVENANT AND AGREE THAT, SHOULD ANY LIABILITY COME DUE TO THE ESTATE OF THE SAID DECEDENT AFTER THE SIGNING OF THIS AGREEMENT, WE, AS BENEFICIARIES UNDER SAID WILL, SHALL CONTRIBUTE TO THE ESTATE IN ORDER TO SATISFY ANY AND ALL CLAIMS, DEMANDS, SUITS OR CAUSES OF ACTION WHICH MAY BE SUCCESSFULLY PROSECUTED AGAINST THE SAID ESTATE OR THE AFORESAID EXECUTORS OR AGENTS OF THE ESTATE, AFTER THE SIGNING, SEALING AND DELIVERY OF THIS FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE. SIGNATURES IN WITNESS WHEREOF, the parties to this agreement, intending to be legally bound, hereby have set their hands the day and year first above written. ~~ Charles E. Liddick, J~., Son of D ~L-`L Peggy ~ I ~~? ~_-~ Daughter ~,~ .~-~~ r ,I,y;U Jr~hes Liddick, Son of Decedent _ ,,~ ~ r~ ~- ~ Charles E. Liddick r., Executor , ~. ~l Date ,,! ~/~ r~ Date ~1 i~.. fl ~ _}~ Date ~_ Date ACKNOWLEDGMENT COMMONWEALTH OF~S~!LVANIA COUNTY OF ~~_ ~, ~~~ ~ SS ~, On this the ~ ~~ ,~- of ~~`~(' b' Vic' ~ ~ ~~'<~ ( 2011, before me, the undersigned officer, personally appeared Charles E. Liddick, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. ~ i.: ~ { Notary Public My commission expires: .,, ~, . 1 ,,,,~~~,,(,.~ ,,`p,~,,µv P `Y~ 'r b: MELISSA NGA~q - Notary public -State of Florida =+ ~= MY Comm. Expires Jan 5, 2014 ~~~0,;,~~`, Co mmission ~ OD 950205 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~'~~~'~'~~, SS On this the l ~ ~~ ~ ~~ of ~~ ~' -~ ~~1,1, before me, the undersigned officer, personally appeared Peggy Bittin ,known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and ackno~rledged that she executed the same for the purposes therein contained My commission expires: ;, v NOTARIAL SEAL JOSEPN CARACIOLO Notary PuDiic HARRISBURG CITY, DAUPHIN COUNTY Nly Connnisaion Expires Oct 21, 2014 ;; ~~' ;' otary Pu ~' ,~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this the ~ of ..~Kl n~ Lla ~ U 201Y, before me, the undersigned officer, personally appeared James Liddick, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. My commission expires: DALE F. MARTIN Notary Public -North Carolina Forsyth County My Commission Expires +y ~~ 7 - /s ~~~ti ~~~. Notary Public EXHIBIT "A" LAST WII..L AND TESTAMENT OF ANNA E. LIDDICK I, Anna E. Liddick, a resident of, and domiciled in, Cumberland County, Pennsylvania, do make, publish, and declare this to be my Last Will and Testament, in the manner following. hereby revoking all of my previous Wills and Codicils (but not that certain Trust Agreement referred to in Articles II and IV herein, if the same be determined to be testamentary in na~tttere). --x~r- ARTICLE I o ~ x•~ € _- GENERAL PROVISIONS .1, c x ~'' ~ -' `-" c~~o (1) STATEMENT OF CITIZENSHIP ~,-~ r `'~ c_ I declare that I am a citizen of the United States of America, and that my Social Security Number is 179-12-4533. (2) FAMILY MEMBERS At the time of the execution of this Will, I am a widow, and my children are: James B. Liddick, Charles E. Liddick, Jr. and Peggy A. Bitting (hereinafter collectively and individually, as the case may be, referred to as "my children" or "my child"). For purposes of this instrument and for all other purposes, the terms "child, " "children, " "grandchildren, " "descendants" and "issue" shall exclude adopted persons, step-children, step-grandchildren and their issue; the term "issue" shall include only the Testatrix's blood line descendants of whatever degree. Furthermore, for purposes of this instrument and for all other purposes, a person in gestation, later born alive, shall be considered a person in being. ARTICLE II DEBTS AND TAXES (1) PAYMENT OF DEBTS AND EXPENSES I direct that all of my legally enforceable debts and expenses, including, but not limited to, any expenses of my last illness, any funeral or cremation expenses (including, but not limited to, the costs of memorials of all types and me~-norial services), any allowances by court order for those individuals dependent upon me, and any expenses of the administration of my estate (including any expenses of any ancillary proceeding that may be necessary in another state or country), be paid as soon as practical after my death by my Personal Representative, and I hereby authorize and empower my Personal Representative, in the case of any claim made against my estate, to settle and discharge any such claim, in the sole and absolute discretion of my Personal Representative. (2) DISCHARCaE OF LIENS In the event that any property, or interest in any property, passing under this Will, or otherwise, by reason of my death, shall. be encumbered by a mortgage or lien, or shall be pledged to secure any obligation (whether or not the property, or the interest in any such property, so encumbered or pledged shall be owned by me individually or jointly), then it is my intention that any such indebtedness shall not be charged to, or paid by, my estate. (3) PAYMENT OF TAXES I direct that all of the estate, inheritance, or other death taxes of any nature (including the federal supplemental estate tax on certain qualified plan benefits), together with any interest and penalties, that may be payable upon or with respect to any property, or any interest therein, required to be included in my gross estate or taxable to any person receiving any such property under the provisions of any present or future domestic or foreign laws, regardless of whether any such property, or any interest therein, passes under or outside of this Will, and regardless of whether the said taxes are payable by my estate or by any recipient or beneficiary of any such property, including any generation-skipping transfer tax on any direct skip (except by reason of disclaimer) due to the express terms of this Will or that certain Trust Agreement known as the Anna E. Liddick Revocable Trust dated l~'~.~-~~-~--= ~ 1994, but excluding any other type of generation-skipping transfer tax, and also excluding any additional estate tax unpaid pursuant to Section 2032A(c) of the Internal Revenue Code of 1986 (hereinafter referred to as "the Code"), as amended, shall be paid, or other provision for any such payment made, by my Personal Representative and the Trustee of the Anna E. Liddick Revocable Trust dated ~..-~'~'-~~-~'~ ~ 1994, out of the principal of the Trust Estate held under that certain Trust Agreement, with no right of reimbursement from any recipient or beneficiary of any such property or interest, except as provided in Section (2) of Article IV of that certain Trust Agreement. Notwithstanding the foregoing, my Personal Representative shall make a claim, to the extent permitted by law, for any death taxes assessed against my estate because of any power of appointment which I may have, and my Personal Representative may make a claim for any death taxes assessed against my estate due to the inclusion of any qualifed terminable interest property in my gross estate. Moreover, to the extent that the assets of my probate estate, exclusive of any real estate or tangible personal property, are insufficient to pay all, or any part of, the legally enforceable debts and expenses of my estate, any estate, inheritance, or other death taxes of any nature, or any cash bequests under this Will, if any, my Personal Representative shall.- demand payment thereof from the Trustee of the Anna E. Liddick Revocable Trust dated C- ~~~'-~;-~;''~~~... 1994, but subject to the terms, conditions, and limitations of that certain Tnist Agreement which are applicable to the payment of any such sums. 2 ARTICLE III SPECIFIC DEVISES (1) SEPARATE WRITING I may at this time, or at some time or times in the future, prepare a written statement or list disposing of certain items of my tangible personal property not otherwise disposed of herein or by other means. If any such written statement is found among my personal papers within thirty (30) days of the date of my death, I hereby direct my Personal Representative to follow the instructions for any distributions contained therein. If no such written statement is found within the said thirty (30) days, my Personal Representative shall proceed as if no such written statement ever existed, and my Personal Representative shall distribute all of my tangible personal property in accordance with the further terms and conditions contained in this Article. (2) PERSONAL EFFECTS All of my clothing, jewelry, personal effects, boats, automobiles, and all other tangible personal property, not otherwise specifically disposed of herein or otherwise, which are owned by me at the time of my death (except any cash on hand or on deposit, any property used in a trade or business, and any other property held for the production of income), I devise to my residuary estate. (3) PROPERTY INSURANCE POLICIES All of my insurance policies which provide indemnity for the loss of any of my personal or real property by fire, windstorm, or any other casualty, including any claim for any such loss of any such property which I might have at the time of my death against any insurance company, I devise any such policies or claims respectively to those persons who shall become owners of the applicable properties by reason of my death, whether or not any such ownership be acquired under this Will or otherwise. (4) COST OF DELIVERY If, with respect to the aforementioned devises, it is necessary to effect the delivery of my tangible personal property or any insurance policies to a beneficiary who is to respectively receive the said devises, my Personal Representative shall arrange for, and pay the costs of, any shipments incurred in making any such deliveries. 3 ARTICLE IV RESIDUARY ESTATE (1) RESIDUARY DISTRIBUTION I give the balance of my estate, all of which is herein referred to as my residuary estate, to the Trustee of the Anna E. Liddick Revocable Trust dated ~ ~~~~T~~~~. `r' , 1994, to be administered by the terms provided in the said Trust Agreement as it now exists or as it may be amended at the time of my death, notwithstanding that any such amendment or amendments may have been made subsequent to this Will. It is not my intention to exercise any power of appointment I may have, except as any such power of appointment may be specifically exercised. The receipt of the said Trustee under the said Trust Agreement shall be a full acquittance and discharge to my Personal Representative for the property so distributed. Upon distribution to the said Trustee, the administration of my estate shall cease with respect to the assets passing to the said Trustee, and the said Trustee shall not be subject to the control of any court in which my Will may be probated. (2) SAVINGS PROVISION If, for any reason, the aforementioned Trust Agreement shall not be in existence at the time of my death, or, if for any reason, a court of proper jurisdiction shall declare this transfer to the said Trustee of the said Trust Agreement to be invalid, then I direct that the residuary estate shall be held, managed, invested, and reinvested in exactly the same manner described in the said Trust Agreement, giving full effect to all of the then existing amendments to the said Trust Agreement, and the residuary estate shall be managed by the same Trustee (or, as appropriate, the successor or successors therein named, as defined in that certain Trust Agreement). Thus, for those purposes, I do hereby incorporate that certain Trust Agreement by reference, into this, my Will. Notwithstanding the foregoing, if my Personal Representative has presumptive evidence that the reason the said Trust Agreement is not in existence at the time of my death is due to my intention and act to revoke the said Trust Agreement (by physical destruction or otherwise), then it is my intention that my Personal Representative and any court of proper jurisdiction shall, in good faith, ignore the dispositive scheme called for under the said Trust Agreement, and instead, my estate shall be distributed in accordance with the controlling intestacy laws then in effect. 4 ARTT('T F V THE PERSONAL REPRESENTATIVE (1) NOMINATION I hereby nominate Charles E. Liddick, Jr. as my Personal Representative. In the event that my Personal Representative is unable or unwilling to serve or to continue to serve in such capacity for any reason, then I nominate Peggy A. Bitting as the First Successor Personal Representative. In the event that my First Successor Personal Representative is unable or unwilling to serve or to continue to serve in such capacity for any reason, then I nominate James B. Liddick as the Second Successor Personal Representative. (2) COMPENSATION Any Personal Representative shall be entitled to compensation which is allowed to Personal Representatives by the laws of the Commonwealth of Pennsylvania. Any Personal Representative shall also be entitled to reimbursement for any expenses necessarily incurred by any such Personal Representative in the administration of my estate. (3) BOND To the extent allowed by law, no Personal Representative shall ever be required to give bond or other security, to qualify, to make an accounting to any court under the provisions of ar~y present or future laws of any state or territory, or to obtain the approval or order of any court in the exercise of any power or discretion herein given (unless otherwise provided in this instrument). ARTICLE VI THE POWERS AND DUTIES OF THE PERSONAL REPRESENTATIVE (1) GENERAL POWERS AND DUTIES My Personal Representative, or any successor, shall be governed by the appropriate provisions of the Pennsylvania Statutes, as amended, that are not in conflict with this instrument, and shall have all of the additional powers and protection granted by statute to Personal Representatives. In addition to, but not in limitation of, any common-law or statutory authority, and without application to any court, the Personal Representative, or any successor, shall follow the directions hereinafter given and shall exercise, in the Personal Representative's sole and absolute discretion (unless otherwise provided in this instrument), the powers and responsibilities hereinafter given. The aforementioned shall also apply to any Trustee, at the time of application, with respect to any Trust Agreement created under this instniment. 5 (2) INVESTMENT AND OTHER POWERS AND DUTIES With respect to both real and personal property, and for the purposes of obtaining funds for the payment of any debts, expenses of administration, taxes, payment of devises, and for making distributions, conversion into cash, management of property, and for every other purpose, my Personal Representative may acquire, retain, invest, reinvest, exchange, lease, sell, borrow, mortgage, pledge, transfer, and convey in any such manner, on any such terms, and at any such times, all without limit, as my Personal Representative may deem advisable (unless otherwise provided in this instrument), even if any such terms may extend beyond the expected administration of my estate. No person dealing with my Personal Representative shall be required to inquire into, or shall be held liable with regard to, the necessity or propriety of any transaction, nor as to the application of any money or property paid or delivered in connection with any such transaction. (3) POWER TO DISPOSE OF ESTATE ASSETS I hereby give to my Personal Representative the full power and authority, at any time, to sell, mortgage, pledge, exchange, dispose of, or otherwise deal with any property comprising my estate, upon any such terms as my Personal Representative shall deem advisable; to settle and compromise any and all claims in favor of, or against, my estate as my Personal Representative shall deem advisable; and for any of the foregoing purposes, to make, execute, and deliver any and all deeds, contracts, mortgages, bills of sale, or any other instruments necessary or desirable therefor. My Personal Representative is expressly authorized to postpone the final distribution of my estate pending the final determination of any tax liabilities in connection therewith. (4) PAYMENTS OR DISTRIBUTIONS TO MINORS In the event that there is to be a payment or distribution from my estate to a donee who is a minor at such time, then at such time, as my Personal Representative's deems advisable, any such payment or distribution shall be made by my Personal Representative (i) to any such minor directly, (ii) to any such parent of the minor, (iii) to any such other person having custody of the minor, (iv) to the legally appointed guardian, conservator, or committee of any such minor, or (v) to a custodian selected for any such minor under a Uniform Transfers to Minors Act (or similar or successor statute), whether or not the applicable custodian is selected by my Personal Representative or has already been serving as the said custodian. If there is no such custodian, the applicable custodian may be appointed by my Personal Representative, and any person or entity serving as my Personal Representative may be appointed as the said custodian (unless otherwise provided in this instrument). (5) CHARITABLE PLEDGES My Personal Representative may pay any pledges made by me in writing, if, in the discretion of my Personal Representative, Iwould have wanted such pledges paid. 6 (6) TAX MATTERS (a) Tax Returns: I specifically authorize and empower my Personal Representative to execute and file any applicable income tax returns for the year in which my death occurs, and for any years prior thereto. I also authorize and empower my Personal Representative to execute and file any gift tax returns, if any such gift tax returns are required for the year in which my death occurs, and for any years prior thereto. My Personal Representative shall incur no personal liability for any action taken in good faith in accordance with either of the foregoing authorizations. (b) Tax Elections In General: I am cognizant of the fact that the provisions of the Code, and any other applicable laws, in force at the time of my death and as applicable to my estate, may permit my Personal Representative to elect to claim certain administration and other expenses as deductions either in the income tax returns of my estate or in the estate tax return. It i_s my desire that my Personal Representative elect to claim, from time to time, any such expenses as deductions on the particular tax returns which, in my Personal Representative's opinion, may result in the smallest combined taxes being paid, irrespective of whether any such expenses shall be payable from the income or the principal of my estate. My personal representative shall have the power to allocate to the income or the principal of my estate, in whole or in part, any of the receipts and the disbursements of my estate, in my Trustee's reasonable discretion (unless otherwise provided in this instrument). Also, my Personal Representative is authorized, but not required, to make any adjustments, in the reasonable discretion of my Personal Representative, between any property interests passing to any beneficiaries under this instrument which may be substantially affected as a result of any election under this Article. It is my direction that any such property interests, which may be determined as a result of my Personal Representative's reasonable discretion, shall, in fact, be the interests that any such beneficiaries shall receive under this instrument. (c) Generation-Skipping Transfer Tax Authorization: I have expressly authorized the Trustee of the Anna E. Liddick Revocable Trust dated ~~'r'.~-~'~.~,, ~ 1994, to exercise, in the said Trustee's discretion, the allocation of any portion or all of my exemption under Section 2631(a) of the Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make any such allocation prior to my death. If Section 2631(a) of the Code is not interpreted as to allow a Trustee to allocate the said exemption, then my Personal Representative is nonetheless directed to follow the said Trustee's instructions with respect to the said exemption. 7 ARTICLE V-II SINIULTANEOI_T5 DEATH PROVISIONS (1) OTHER BENEFICIARIES If any beneficiary and I shall die under such circumstances that there is not suff dent evidence to presumptively determine the order of our deaths, then it shall be presumed that I shall have survived any such beneficiary, and my estate shall be administered and distributed in all respects in accordance with such a presumption (unless otherwise provided in this instrument) . ARTICLE VIII JOINTLY-OWNED PROPERTY If, at the time of my death, I am a joint owner, co-owner, or individuai owner of any real estate, bank account, or savings account in any commercial bank or savings institution, bond, or any other security or instrument of indebtedness which is registered or issued in my name and that of another person or persons, or any other property held as joint tenants with right of survivorship, or which is payable to either a co-owner or to the survivor of them, then I give, devise, and bequeath all of my right, title, and interest in any such property to the surviving joint owner thereof. It is my understanding that all of my right, title, and interest in and to any such property will pass to any such surviving joint owner or owners upon my death by operation of law, but I do, nevertheless, make these provisions in order to eliminate any question as to the right of any such surviving joint owner or owners to succeed to the ownership of any such property upon my death. ARTICLE IX RULES OF INTERPRETATION (1) HEADINGS The headings used in this instrument are for convenience only and shall not be resorted to for any interpretation of this Will. 8 (2) IvIISCELLANEOUS Whenever the context so requires, the masculine shall include the feminine and the neuter, the feminine shall include the masculine and the neuter, the singular shall include the plural, and the plural shall include the singular. If any portion of this Will is held to be void or unenforceable, the balance of this Will shall, nevertheless, be carried into effect. Also, the provisions of this Will shall be interpreted pursuant to the laws of the Commonwealth of Pennsylvania, in which state I have made my domicile. IN WITNESS WHEREOF, I have affixed my signature to this, my Last Will. and ,~` Testame~ty-consisting of ten (10) typewritten pages, including the next page, on this ~r' day " 1994. ~, ~~ Anna E. Liddick, Te atrix SIGNED, SEALED, PUBLISHED, AND DECLARED by the said Anna E. Liddick, as the Testatrix's Last Will and Testament, in the presence of the undersigned who, at the Testatrix's request and in the Testatrix's presence and in the presence of reach other, have hereunto subscribed our names as witnesses thereto,, this ~~ day of ~~ ~',~..~~~,~ 1994. Witnesses: Residence: J L=tf.C:~% 4 <' G'f r, r ~ ~ ~i ~. L ~ r._ -, ' ~ ~ - ~z_~ j l L' 7 -~ -~~~ -~.>,-~_. w t-f 9 AFFIDAVIT OF PROOF OF WILL CONINIONWEALTH OF PENNSYLVANIA ~ ss. COUNTY OF CUMBERLAND We, Anna E. Liddick, ~~~~t `~ -- ~ J ~ ~ ~ /' and __ ~ /~%~-~ r-~ ~r ~,- (Witness) `"~ , (Witness) L, ~~' the Testatrix and the witnesses, respectively, whose names are signed to the foregoing Last Will and Testament, being first duly sword, do hereby declare to the undersigned officer that on the =r'' day of ~~ ~,~~..~'~~ 1994, the Testatrix signed, sealed, published, and declared the foregoing instrument as the Testatrix's Last Will and Testament; that the Testatrix signed the instrument as the Testatrix's free and voluntary act for the purposes therein expressed; that each of the witnesses, in the presence and hearing of the Testatrix, at the Testatrix's request, and in the presence and hearing of each other, signed the Last Will and Testament as a witness; and that to the best of the knowledge of each of the witnesses, the Testatrix was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. ,j ~ ~ ~ Anna E. Liddick, Testatr x Witness = / Cam, ;^,~,..z.~ ~j-~ ~-~~-~,~,-*?~~v Witness !~ SWORN TO AND ACKNOWLEDGED BEFORE ME by the Testatrix, Anna E. Liddick, and sworn to and acknowledged before me by , ~t"~ ~ d ~~ ~ - ~- ,,:,~ << ~ i~i~=:~-•~:~;L-~, ~ ~ , , ;~ ,_ an , , { . , the witnesses, this / day of ~~'~-~C~=~ - 1994. My Commission Expires: P~~ r~.i S- ,~ ~ ~ ,:~ i~ih/ i ~~„fir, ~~n,~sy'v2r:,~, 5ssc:;cia~on Gf f~i-~ ~r'~ ~. ~ - r;' ~'-~=.~ i, ~ _ ,t , Notary,Public !! `, l Q EXHIBIT "B" REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA No . 201 1- 00605 Estate Of : ANNA E L/DDICK CERTIFICATE OF GRANT OF LETTERS PA No . 21- 1 1- 0605 (First, Middle, Lastl Late Of: EAST PENNSBORO TOWNSH/P CUMBERLAND COUNTY Deceased Social Security No : 179-12-4533 PJHEREAS, on the 23rd day of May 2011 an instrument dated October 4th 1994 was admitted to probate as the last will of ANNA E LIDDICK /First Middle, Lastl late of EAST PENNSBORO TOWNSH/P, CUMBERLAND County, who died on the 7th day of May 2011 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wi 11 s in and for C"UMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: CHARLES E LIDDICK JR who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully- appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 23rd day of May 2011. * *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) EXHIBIT "C" Ir50567,03,05 " {y{ PA Department of Revenue L a., OFFICIAL iJSE 4NL! pennsytvanfa Bureau of Individual Taxes "'"~`"' "~'" County Code Year File Number ~ INHERITANCE TA RE7L1RiV '~---' --- ---- --.___ ; ` Po Boxzaosot Harristrurq, PA 17].28-osoi RESIDENT LIECEDENT .~ ~ : ~ t ~ ~ n ~~`` ~ ENTEr"2 t3ECEDENT INFORMATION BELOW Socia! Security Number Date of Death RAAIDDYYYY Date of i3irth MMDOYYYY _- 179-12-4533 ~ 05!07/2011 04/18/1918 Decedent's Lasi Name Suffix Decedent's First Name MI T -------.~.~-_ _ +~iddick _ ' Anna !E (9fApplacabte) Enter surviving Spausa's fnformatiort BeiaMr - - Spouse's Last Name Suffix Spouse's First Name Mt RIIA 5pouse's Social Secu Numtser !~??' _..._..._.._...---_..-_.._._...._ .___-._--.___-.. _. THIS RETURN MUST BE FILED IN DUPLICAi'E WPfH THE !_,_...w.._.._.___ _.._.__.______' REGISTER ©F 11VtLLS FILL iN APPROPRIATE Oti/AW BELOW t~ 1- Original Retum p 2. Suppiemenfa{ Ratum p 3. Remainder Ra#um (Date ofi Death Prior to 12-13-82) p 4. Limited Estate p 4a. Future trrterest Compromise (data of O 5. Federal Estate Tax Ratum Required death after 12-12-82} C~ &. Decedent Died Testate Q 7. Decedent Maintained a Living Trust 8. To~1 Number of Safe De~sit Baxes (Attach Copy of Wi1i) (Attach Copy of Trust.} t~ 9- LtSgation Proceeds Received O t0. Spousal Poverty Credit (Date of Death p 11. Election to Tax under Sac. 9113(A) Between 12-31-9t and 1-1-95} (Attach Schedule O) CORf2ESPONDENT - THIS SECTION !JUST BE COMPLETED. ALL CORRESPONDENCE AND CONFlDEPITIAL TAX INFOfBAATIDN SHOULD BE DIRECTED TO: Name Daytime Telephone Number 'Bruce D. Foreman -- i ~ (717) 236-9391 First Line of Address 112 Market Street Second Line of Address Sixth Floor City ar Post office _ State ZIP Code . Harrisburg _-___...... PA ' 17101 W REGISTER C)F W1L8 USE ONLY r~ T_~ ~7 _; ' ~_.r i-~, . T_' OA7E FILE CcrrespondenYs e-mail address: brace@ffClaw.net Under penalties of perjury, I declare that t have examined this return, including accompanying schedules and statements, and to the best of my knowledge anct belief ~ is true, correct and complete. Deciaratian of preparer other than Uie personal representative fs based on all informatien of which preparer has any knowledge- SIGfdATURE OF PERSON RESPtQNSBLE FO,R FWNG RETURN j DATE ' ADDRESS r e - ~ ~''~~ f -~";dam ~.d~~c~.. } ~f--:'.+..: ~~ ,~._L''e_..Z. - ~~ l:` '-~'tr~ L ~~~ ~ r°r SIGNATURE OF PREPAF2ER OTHER THAN REPRESENTATIVE ~ DATE ADDRESS PLEASE tDSE ORIGINAL FOR'A1 ONLY .'~- Side 1 150567.07,05 ~ 50563,07,05 I,5t756Z02(75 REV-15Q0 EX (Ff) Decedent's came: Anne E: LiddiCic Decedents Social SE<;urity Number ' 179-12-4533 RECAPITULATION 1. Rsai Estate (Schedule A) ................... . . . . . . . . ................ . . 1.. 74,804.95 2. Stocks and Bonds {Schedu[e B} ................ ... 2. ! ', 3. Closely Heid Gorporaiion, Partnership or Sole-Proprietorship (Srtieduie C) ..... 3. 4. t,Aortgages and Notes Receivable (Schedule D) ..... . ..................... 4. 5. Cash, Bank Deposits and MisceAaneous Personal Property {schedule E}....... 5. ~ 141,216.95 6. Jointly Owned Property (Schedule F} O Separate .Billing Requested ....... 6.: 4,{)30.$8 7. Inter Vivos Transfers 3 Mis; ettaneous Non-Probate Property ~- -y~~~`~'°-""°`. (Schedule G} O Separate BiiGng Requested........ 7. ' , 8. Total Gross Assets (fatal Lines 1 through 7} ...................... ,... 8. 220,052.78 9. Funeral Expenses and Administrative Costs {Schedute H} ................. .. 9- ~ 11,317.94 ', 1Q. Debts of Decedent, Mortgage Liabilities and Liens {Schedule I) ............. .. 10. 29,437.69 ii. To#ai Deductions {total Lines 9 and t0)........ .....:........ . ...... - . .. 1'l. ! 40,755,63; 12. Net Valwe of Estate {Line 8 minus line 11) ............................ .. 12 ~ 179,297.15 13. Charitable and Governmental Bequests/Sec 3113 Trusfs fcr which I'~`"-"`'~°~'~-" °°"`-°°" '"-"'"""'"'°"""""-"""""`, an election #o lax has not been made {Schedule 1} ........ . . . . .......... . . . 13. 14. Net Valwe Swispect to Tax (Line 12 minus Line 13} ...................... .. 74. ! 179,297.15 ; TAX GALCULAI`ION -SEE INSTRllCI'IONS FOR APPLICABLE RATES '!5. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 911& ;."""--~~"~ .-_..- -- -.__.~. _._._.- _-_- ,- - -----..._-- 15, Amount of line 14 taxable "~ """"-""~~W~M~ 297 15 l 179 '~-"'~"-'~"" ,...--- ` ~ ~~` ' . , at lineal rate x .0 45 1s. ; 8 068.37 t7. Amount of Line 14 taxable at sibling rate X .t2 17. 1t3. Amount of Line 14 taxable ..._._...-....,,.,._.._._.. ..._...... ___..._ . at COII3tEfal rate X .15 - 1$. , 19- TAX DUE ........ - ................................... . . . . . .. .. 19.: 8,03$.37 20. FILL IN THE OVAL iF YOU AR= REQUESTING A REFUND OF AN OVERPAY~4ENT p Side 2 Z5©563,0205 3~5E75LZOEflS RED!-'15aa IX (P+) Page 3 ~eca~~nit's Coma~ls#~ Adtrlress: Anna E. Liddic~ STREET ADDRESS 319 Fourth Street, Box 161 crrv Summerdaie Tax ~aym+mnlts and Crsdats: 1. Tax Due (Pafle 2, Line 19) 2. Creditslpayments A. Prior Paymen#s - B. Discount - 3. interest 4. If Line 2 is greater than Lirse 1 + Line 3, enter the difference. This is the QVERPAYAREirCt'. Fill in oval on Page 2, Line 20 t4 request a refund. 5. if Line 1 + Line 3 is greater than line 2, enter the difference. This is the TAX f3UE. (3) E4) (`~) 171193 Make. check payable to: REGISTER OF VIIILLS, AGENT. ~_ PLEASE ANSiPVER THE FOLLOtNlhfG QUESTIONS BY PLACING AN "X° IN TFlE APRRt?PRIATE BLOCKS Yes No 7. Did decedent make a transfer and: a. retain the use or income ofthe property transfe ..•••.•••••••••• e transferred or its income ._ ......................................... ^ b. retain the ngbt to designate who shall use the prop rty c, retain a reversionary interest .................. d. receive the promise for fife of either payments, benefits or care ................................... 2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration. . 3. Did decedent awn an "in trust fiod' or payahle-upon-death bank account or security of his or her death? .............. ^ i~ 4. Qid decedent own an individual retirement account, annuity or other non-probate prnperty, which corstains a beneficiary designation ................... IF THE ANSWER TO ANY OF THE ABOVE QUESTiC1NS IS YES, YOU MUST COMPLETE SCHEDULE G AI+ID FILE IT AS PART OF THE RETURN =-~ For dates of death on ar after July 1,1994, and before Jan. 1, 1995, the fax rake imposed on the net value of transfers to or far the use of the surviving spouse is 3 percent j72 P.S. §9116 (a} (1.1} (i)]. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for tine use of the surviving spouse is 0 percent [72 P.S. §9116 {a} {1.1} (ii}]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutgry requirements for disc(osura of assets and filing a taz refum are s#ill applicable even if the surviving spouse is the only benefiaary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers firom a deceased child 21 years of age or younger at death to or for'.he use of a natural par~ni, an adoptive parent or a stepparent of the child is 0 percent [T2 P.S. §9116(a}(1.2)]. o The tax rate imposed on the net value of transfers to orfior the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in ]72 P.S. §9116(a}(1}]. . 1'ne tax rate imposed on the net value of transfers to or for the use of the decedents siblings is 12 percent (72 P.S. §9116(a}(1.3}j. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or.adeption. 1•ile dumber STATE ZIP PA {~} Total Credits { A + i3) f 2) RE'd-1w~ EX+ (1~ oaj '~, pe~r~~~~van~a ~ ~~Ci~EL~~~.E ~ DE~ARTNEN70F REVENUE Ih~q~ ~STgT~ INNERirAI`7Ce TAX R£7URN RESIDEPlT DEC'~DESdT - FILE NUMBER ESTATE Of 21-11-4805 Anna E. Liddic;c Ati real property owned solely or as a tenasrt in common must be reported at fair market value. Fair market value is defined as the prime at which property would >Se exchanged betwe Real prepertyetlsatois joiirrltty-ownedewiffi right of survi orsErip musE be d€s losed ana5chedu a F. ledge of the relevant facts. Attach a copy of the. settlement sheet if the property has been sold. VALUE AT BATE BEM Include a cagy of the deed showing decedent's interest if owned as tenant in common. OF DEATH NUMBER DESCRIPTfON ~_ 73,722.27 1. Net proceeds of sale of 319 Fourth Street, Summerdaie, PA 17093 1,G0©.00 2. Gown payment on sale of 319 Fourth Street, Summerdafe, PA 17093 82.88 3. Refund of final water bill e~crow+ 74,8(14_SS TOTAL {Also enter on Line i Recapitulation.) ~ _ If more space is needed, insert additional sheets of the same sa<e. REV- 1502 E~.C- (i i-16j .i ~ ~C'#'3t'15~f ~~Isaa'3~~ - pEpApTM£NT OF fiEVENUE INHERITANCE TAX RETJRN uccrnFNT hFl'EDENT ~7~~~~di~/~ +DAS~, ~AN~ ~E~flS13S & M~S~. €~ERSflNAL PRflFERTY ES'TAT'E OF. Anna E. Liddicic TTEN! 1~~~ yu;Nai:R: 21-11-0605 Include the proceeds of litigation and the date *he proceeds were r~eived by ?ale estatQ. ~ proms ~i~iy owned vvidh right of survivorship must be disclosed on schedule F. 1. Prudential Insurance Payabre to Estate 2 Asset's of Anna E. Liddiclc Revocable Trust 3 Sale of 2405 Nonda Automobile 4. Nighmark Insurance Refund 5. PA Lottery Refund 6. Veriz~ Refund 7. State Farm Insurance Refund g Direct N Refund g AAA Refund 10. Fahnestock Auction Proceeds 11. PA American Water - Interest Payment 12, Direct N Refund Tt)7AL (Also enter cn Line 5, Recapi[ulaticn} $ If more space is needed, use additional sheets of paper of the same size. VALUE AT DATE OF DEATH 3,656.18 123,003.13 11,500.fl0 150.44 500.00 29.01 149.66 48.32 18.75 2,131.00 2.48 27.98 141,216.95 REV i~g EX+ {o±-±c) ~e;tl;tlS~i'~.Y~!']ia O EPARTM£NT OF REVENUE INHER-'rANCr TAX RETURN Jt}IrITL~C-~}V11MED PRU€~ERTi RESIDENT DECEDENT - -- ~(.~ l1l(1iNBER: ESTATE al~: 21-11-17605 Anna E. Liddicic If an asset became jointly owned within one year of the. decedent's date of death, it must be reported nn Schedule G. ADDRESS R1=LATIONSHIP TO QECEDEiSi' SURVIVING IOiNT TENANTS} NAME(5) 4236 Lakeview Parkway Son A. Cherries E. Liddicc, Jr. Lecust Grove, VA 22508 a. c. 30INTL Y OWil1 Ei3 PROPER TY: ~ DF DarE of DEAIH LFREa ' ~~ DESCRIfiIION OF PROPERTY S7DE NAME OFESNANCIAL INSTInrrION Ater) BANK AC°DtlNr NUMBER OR S1MR.AR INCJ UA~LUE OF ASSET IDE ~ VALUE OF INTERESr., DECIDENTS ITEM FCR 70AVT MADE . ILENrIFYr1~ NUMBHL ATiACJi DEED FOR 70IN"rLY HELD REAL ESTATE..... _ , - NUMBER TENANT IOINT _ --- __.__ .. _ _ 2,360.28 SO 1,180.14 i. A- AmeriChoice F:C.U. 5,701.48 50 2,$50.74 2. q. 4 st National Sank of Marysville 4,O~Q8& TOTAL {Also enter on Line 6, Recapitulation) $ - If morn space is needed, use additionai shee*s of paper of the same size. REV-15i EX+ {i4-09} ~ F~~9~5~/~ala9'~1~ " CEPAF.TMENT OF aEVENUE "ii~~ IrtHFRITANCE TAX RE7URM R:StDEPiT CECED5Y7 ~~~~~~~~ Fd1tV€~-L E~C~E1V5~5 A9Yt~ Ai3N1INI5TR~TI!/E CASTS ES'tA'iE OF Anna E. Liddicic Decedent's debts must be repoKed on Schedule I. ITEh1 DESCRIPTIOPi Nt1MBER q, FUNEitaL EX°ElVSES 2. Gravestone - EngC,~ving to Frank Snyder & Son Monuments Fite iVUP9BtK 21-11-0605 8,700.40 215.00 g. ADMINISTRAliVE COSiS: 1, Personal Representative Commissions: Name(s) of Personal Representative{s} 5Ceet Address State ZIP ~Y Year{s} Commission Paid: 2,000.00 ~. Attomzy Fees: _. Family Exemption: (if decedent's address is not the same as claimant's, attach explanation.) Claimant x Street Address State ZIP Gty Relationship of Claimant to Decedent 123.50 ~ 4. Probatz Fees: ~ 5. Acwuntant Fees: 5. lax Return Prepare! F225: 204"44 7. Patriot-News (Advertising Costs} 75.00 B. CumSeriand Law J ,umai (Advertising Costs} TOTAL (Also enter on Line 4, RecapitutatlDr 11, 317.94 ) ~ If mare space is needed, use additional sheets cf paper of the same size. ~~~~~~~~ ~ pennsy~van~a DEPARTMENT CF REVENUE 17E~C~ OF ®E~E~3EfVT, INHERTiAMLE rnx RETURN Iti40RTGAG~ LIABILITIES & LIEi~IS RESIDE'Nf DECEDENT FILE h1tlMBE3t ESTATE OF 21-11-0605 Anna E. Liddick Report debts Incurred by :he decedent prior tee death that remained ur+paid at `flee date of death, incleedieg unrelmbursed medicauex Dses. IfE?1 DESCRIPTION (7F DEATH NUM6ER 12OA0 ~~ Chester Yea er (Grass Mowing} 9 2. ' lntemists of Central PA (Medical Bill) 14.4 ' 76.30 3 Direct TV {Satellite TV Bill} 43.20 d ~ PP&L (EiecS•ic Bill} 19.81 5. PAWC .. zaa.ao 6. Sadler CSI (Heating Oi[} , 52.91 7. Verizon (Telephone Bitl} 100.0(3 8. SUMC {Funeral Luncheon} , 9. i ' PP~L (Elecfic B~f) 51.24 29.65 11. AA American Water (Water Bill) 184.76 12. Sadler Oil {Heating Oil) 120.40 13. ;Chester Yeager {Grass Mowing) 15.00 14. XFR Fee , 1 ~. ! Leilaini McNally {Anna E. Liddick's Bequest) 5,040.00 5,oaa.ao 16. 'Tracy Li {Anna E. Liddick's Bequest} 17. ~ Suit Laddick {Anna E. Liddidc's Bequest) 5,400.00 5,000.00 18. 'Lisa Bitting {Anna E. Liddck's Bequest} 5,aao.oo 19. Ken Bitting (Anna E. Liddick's Bequest) 10.00 20. Debbie Lupold, Treasurer {Tax Bill) 341.63 2" . Debbie L:apold, Treasurer {Tax Bill) 76.30 22. Direct N (Satellite N) 1,012.30 23. Charles Liddick (Administrative Costs) 53.29 24. Verizon (Telephone Bi{I) 53.11 25. PP&L (electric Biil) 27.98 25. Direct N (Satellite TV) . TOTAL (Also enter on Line 10, Recapitulation) 27,598.12 ~ ~ ti mor space is needed, insert additional sheets Df the same size rZEV-i5L ~X± ,:.Z-u8} pel7ns~~~an3a pEPARTMENT OF REVENUE IryHC-Rl"fANCE TAX R_FTURN RESIDEfIT DECEDENT ~~~E~~L~ pE$TS fll= DECEt:3E~IT, M©RTCs,~,$lt I-I~~L'.tT~E~ & l.3ENS Fly ~IUrrItSCK ESTATi: OF 21-11-0605 Anna E. Liddiclc Repoli debts incurred by the decedent prior to death that remained unpaid at the date of death, including ~n~~imbursed me V'ALUE~ApT DATE ITEE7 OF DEATH DESCRIPTION sn,uacr i. 31.29 2~. PA-American Water (Water) 128.70 27. East Pennsboro Township (Trash Collection) 280. GO 23 Chester Yeager (Grass Mowing) 38.10 29 PR&L {Electric Bili) 489.00 30. Fahnestodc Auction Services (Auction) . 50.00 31. , Lynn L'uidick (Ring Appraisal) 19.86 32. PA American Water (Water Bill) 100.00 33. Sam Martin (Aucclton Trash Removal) 358.63 34. !i Trips #tD Pennsy}vania {Closing en the House) 57.20 3g. ~', PPt~L (Electric Bill) 36. ' Cocoiamous Creek Dis{~sat Service (Dumps#er- Audian) 286.79 _. y. _ 1, 839.57 TOTAL ;Aisa enter on ljne 10, R.ecapituigtien} S If mere space is needed, insert additional sheets of the same size. REV-173?-~ ~+is~a} OE2ARTMEN7 Dr RE'JEN27E S~i~~~~~~AiR3~5 INHERITANCE TAX RETURN NONPESIDEIYT DECECENT - _ - - ESTATE OF FILE NUMBER Anna E. Liddick 21-11-0605 When flat rate method is elected, list the beneficiaries of the Pennsylvania property. When proportionate method is elected, list all beneficiaries. f i EPoI JMBER NAME AND ADDRESS OF PERSON{S} RECEIVING PROPERTY __ I, TAXABLE DISTRIBUTIONS [ndude outright spousal distributions and transfers under Sec. 2175 (a)(1.2)] T. Charles E. Liddick, Jr., 4236 Lakeview Parkway, Locust Grove VA 22508' Z. Peggy Sitting, 319 4th St_, Box 151, Summerdale, PA 17093 3. James Liddick, 5173 Nicole Road, Kernersville, NC 27284 RELATIONSHIP TO DECEDENT Ab10UNT OR SHARE t>a Not List 7eusteelsi OF ESTATE Son Daughter Son ENTER DOLLARAMOUNTS FOR DISTRIBUTIONS SHOWNABOVE ON REU 1737 COVER SHEEP OR THE PROPORTIONATE METHOD WORKSHEE'T' ON THE REVERSE SIDE OF REV-1737 COVER SHEET; AS APPROPRIATE. II. NON-TAXABLE DISTRIBUTIONS: A SPOUSAL DISTRIBUTIONS UNDER SECTION 2113 FOR WHICH AN ELECTION TO TAX IS NOT SE1NG MADE 1. 3. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS __... __ i (Enter total non-taxable disirlbutions an Line 13 of REV-1737 cover sheet.) (lf more space is needed, use additional sheets of paper of the same size)