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Home My WebLink About04-1128S. BERNE SMITH Attorney-at-Law 107 N. 24th Street Camp Hill, PA ! 7011-3602 PHONE: (717) 737-6789 FAX: (717) 737-6783 In re: Estate of Harold E. Wemer; DOD 12-3-2004; SS#196-14-0506 PA File No. ~0-~- oR-- ~[oT~ x' File: 211002- December 9, 2004 Register of Wills Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Dear Register: A~.c.com, p~a?i.n.g this letter is a Petition for Probate and Grant of Letters Tes~tary in the Estate otrtarom e. werner, who died testate December 3, 2004. Attached to the pe~ion are the following: 2. 3. 4. The original and one copy of the Will of Harold E. Wemer. The Estate Information Sheet for the PA Department of Revenue. Death Certificate for Harold E. Wemer. The Will is a self-proving Will. We believe that this covers everything that is required. We ask that we be provided with eight (8) short certificates. Please send them and the actual letters testamentary to the undersigned when they are prepared. Because we will be hand delivering all of the above materials to you, we will be prepared to pay the fees by check at that time. Thank you for your attention to this matter. If anything further is required, please advise. Enclosures: cc: Sincerely yours, S. Berne Smith Wesley C. Wemer, Executor (w/enc.) PETITION FOR PROBATE and GRANT OF LETTERS Estate of Harold E. Werner Social Security No. 196-14-0506 To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania. The Petition of the undersigned respectfully represents that: Your Petitioner is 18 years of age or older and is the Executor named in Article Four of the last Will of the above decedent, dated June 18, 2004. Decedent was domiciled at death in Upper Allen Township, Cumberland County, Pennsylvania, with his last address at 15 E. Winding Hill Road, Mechanicsburg, PA 17055, where he had lived since February of 2002. Petitioner respectfully submits that Cumberland County was decedent's place of residence and that the Will should be probated in Cumberland County. Decedent, then 84 years of age, died December 3, 2004, at his home. Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the Will offered for probate, was not the victim of a killing and was never adjudicated incompetent. Decedent at death owned property with estimated values as follows: 1. All personal property $ 32,000.00 2. Value of real estate in Pennsylvania None WHEREFORE, petitioner respectfully requests the probate of the last Will presented herewith and the grant of letters testamentary thereon. Wesley 6. Werner 15 East Winding Hill Road Mechanicsburg, PA 17055-5617 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : Petitioner, Wesley C. Wemer, swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of Harold E. Wemer, deceased, petitioner will well and truly administer the estate according to law. Sworn to or affirmed before me, this IO'~ day of December, 2004 Wesley (~. Wemer Estate of Harold E. Werner, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW~[~ ~ ~,-.Xc~,._ [ ~ ,2004, in consideration of the petition set forth on the two preceding pages, satisfactory proof having been presented before me, IT IS DECREED that the instnnnent dated June 18, 2004, described therein be admitted to probate and flied of record as the last will of Harold E. Werner, deceased, and Letters Testamentary are hereby granted to Wesley C. Werner, Executor. Register of Wills FEES Probate, Letters, Etc. Short Certificates (8) Other TOTAL Attorney: S. Berne Smith Sup. Ct. I.D. No: 07254 107 N. 24th Street Camp Hill, PA 17011-3602 Phone: 717-737-6789 his is to certify that the information here given is correctly copied from an original certificate of death d, uly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent' filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 ? 10813185 No, · [' Local tl~egistrar Harold E. Werner 84 Cumberland Parts Hanager COMMONWEALTH OF PENNSYLVANIA * DEPARTMENT OF HEALTH* VITAL RECORD~ CERTIFICATE OF DEATH 2. Male ,.196 - 14 - 0506 1~12-3-2004 Upper Allen 15 B Windin§htll Road Wh i tel/ Never della H. Minnich Werner ~ng'n, ~t~q~oa~ ~echa.~csb eral Home Mechanicsl -, n .o'R. ~./¢,f U v/ "TVT~.--Ia1../~.-~--04[ ~55 LAST WILL AND TESTAMENT OF HAROLD E. WERNER I, HAROLD E. WERNER, of Mechanicsburg, Cumberland County, Pennsylv ~a~_'a, being of sound mind and disposing memory, though I realize the uncertainty of this life, I havethll confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross ~qr my sin¢~nd in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the Cross for me I have eternal life, do hereby make this Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: § 1.1 I bequeath all my tangible personal property in accordance with the terms of a personal property memorandum I have prepared. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. §1.2 I bequeath such property not disposed of by such memorandum, or all of such property if no such memorandum is located or received, to be sold and the proceeds be distributed as a part of my residuary estate. §1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.41 direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Two: Residue: §2.1 i bequeath and devise all the residue of my estate, of whatever nature and wherever situated, including any property over which I have a power of appointment, as follows: §2.1.1 Ten percent (10%) as a charitable bequest to Evangelical Wesleyan Chttrch, 4727 Marblehead Street, Harrisburg, PA 17109. §2.1.2 Sixteen percent (16%) to my sister-in-law, Elizabeth Ann Wemer, of Mechanicsburg, PA, per stirpes; §2.1.3 Sixteen percent (16%) to my nephew, Wesley C. Wemer, of Mechanicsburg, PA, per stirpes; §2.1.4 Sixteen percent (16%) to my nephew, Mark E. Wemer II, of Pen'y Hall, MD, per stirpes; per stirpes; §2.1.5 Sixteen percent (16%) to my nephew, Dennis Wemer, of Mechanicsbttrg, pA, §2.1.6 Sixteen percent (16%) to my grandnephew, Lantz Wemer, of Mechanicsburg, PA, per stirpes; and §2.1.7 Ten percent (10%) to my friend, Mary Benner, of Mechanicsburg, PA, per capita. If Mary Benner fails to survive me, her share shall be divided equally among the persons specified in § §2.1.2 through 2.1.6. Article Three: Provision for Debts and Expenses: §3.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Four: Appointment of Fiduciaries: §4.1 I appoint my nephew, Wesley C. Wemer, as Executor of this Will. If Wesley Wemer is unable or unwilling to serve or to complete the administration of my estate for any reason whatsoever, I appoint my nephew, Mark E. Wemer II, as first, contingent Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my contingent Executor, as the case may be. Article Five: Powers of Fiduciaries: §5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §5.2 Any such fiduciary shall have the following powers, in addition to those given by law: 2 §5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; §5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; §5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; §5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; and §5.2.8 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. Article Six: Provision for Taxes: §6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor as follows: §6.1.1 Death taxes due on the value of items of Tangible Personal Property bequeathed pursuant to Article One shall be paid out of the principal of the residual portion of my estate disposed of by Article Two of this Will. §6.1.2 Death taxes, if any, due on the value of assets such as life insurance policies, IRAs or Annuities shall be paid out of the proceeds of those assets on a prorate basis before 3 distribution of the balance of the accounts is made to the beneficiaries named in the life insurance policies, IRAs or Annuities. §6.1.3 Any other death taxes due on all other assets shall be paid by the Executor out of the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Eight: Miscellaneous Provisions: §8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. §8.2 Whenever the Fiduciary is to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Fiducimy's sole discretion exercised in good faith), the Fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Fiduciary (including the Fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. §8.3 Except as otherwise may be provided in this Will, until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. §8.4 If any beneficiary hereunder should die within thirty (30) days after me or within 4 thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. IN WITNESS WHEREOF, I, HAROLD E. WERNER, have hereunto set my hand and seal to this, my last Will, typewritten on six (6) sheets of paper, including the self-proving attestation clause and signatures of witnesses, this ] 5v ~ day of cf-~ ,,o~, ,2004. HAROLD E. WERNER (SEAL) Signed, sealed, published and declared by the above named HAROLD E. WERNER as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. Residing at / ~ 7 A/, 2- ~ -,v, St-- (2/~ --~)~/~ ~ ~ ~r~)Residing at Residing at 2 COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND : SS. We, HAROLD E. WERNER, the testator, and , and 5 , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. HAROLD E. WERNER Witness Witness Witness Subscribed, sworn to and acknowledged before me by HAROLD E. WERNER, the testator, and subscribed and sworn to before me by ~} ~r~9 60, S-;~e z.-/4 ~ /~ ~'-~ ~ J-'~ rr ~ and the witnesses, this d~ ~7 72 day of fi-v, ,~ e ., 2004. Notary Public My Commission expires: SEAL #OIARIAL SEAL I 0£HIS£ L DIUJJA8. NOTARY ~RJBtIO HAMPTON IWP.. CUMB[RI. ANIt COUNII MY COMMISSION EXPIRES SEPT. 18, 200~ CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Harold E. Werner Date of Death: December 3, 2004 File No. 2004-01128 PA File No.2l-04-ll28 To the Register of Wills of Cumberland County, PA: I certify that notice of beneficial interest required by Rule 5.6 (a) ofthe Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on January 10,2005: Name Address Wesley C. Werner 15 East Winding Hill Road Mechanicsburg, P A 17055-5617 Elizabeth Ann Werner 5026 G, Trent Road Harrisburg, P A 17109 Mark E. Werner, II 4425 Wynn Road Perry Hall, MD 21236 Evangelical Wesleyan Church C/o Pastor Mark Heldreth 4727 Marblehead Street Harrisburg, PA 17109 Mary Benner 26 N. Market Street, Apt. 206 Mechanicsburg, PA 17055-3323 Dennis Werner 420 E. Marble St., P.O. Box 694 Mechanicsburg, P A 17109 Lance Werner 906 New Bloomfield Duncannon, PA 17020 Notice has now been given to all persons entitled under Rule 5.6 (a) except: None. DatEMJanuary 1~ 2005, u..o..- ,,-'1 . t;;:.- r..:-;"\:..-. l::l= _0- \ --'I ...' _)(<' tJ...:..., :c>-~ __ u- O. c...; '--.0:- -"'- -" -1.--' 0- u~,,, ~C/)".' t5. ~;. - O:L-v:- &~~:~ 05 (.) ~~:. C) 2\ c:: ~ """ -, 't6 ~ Signature: Name: Address: 4 f3~ /~\" t:;=--- \ o t~\~ (.~:1 Telephone: Capacity: S. Berne Smith 107 N. 24th Street Camp Hill, PA 17011-3602 717-737-6789 Personal Representative X Counsel for Personal Representative .~ t'.l' , ....i "', ,.. t.I' (.} \ \\\ ,-:\ t:! .." I. - ';" - -:? ? - ~. ? - =- -:? ::- -::0 ~ - =- ,.,~(j1 " o' e....J~ :B ~ ~ ....,.., '" ~. ~ 0;:::. .-rJ>. . .. e. ..0 rI' .... ';Pi:l~ :i~ o ~ ~ . '" ~ (')~(')'f:"t. j!?,(')ooq'!' ~.~~~9 ~s-~~~ '..0 0 ~ ~ ~ ';Pit A-n '" z:..e. ~ifl S::..~ O~ if> '" ~ " '"' "'~ (j1 ~(1) i;::t '" ?, ~ t1" -\ ~ t \.-'.\ \,,0 \ lei ~ l't. /. , 't; 'II. "- :;--:.j .~ :::::... ".. S. BERNE SMITH Attorney-at-Law 107 N. 24'h Street Camp Hill, PA 17011-3602 PHONE: (717)737-6789 FAX: (717)737-6783 February 25, 2005 In re: Estate of Harold E. Werner; SS # 196-14-0506; DoD: December 3, 2004; No. 2004-01128; PA File No. 21-04-1128; EIN: 20-6377253 File: 211002 Ms. Glenda Farner Strasbaugh Register of Wills Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Dear Ms. Strasbaugh: Enclosed is check number 104 from the Estate of Harold E. Werner, payable to Register of Wills, Agent, in the arnount of$2,000.00 as a prepayment of Pennsylvania Inheritance Tax. We look forward to receiving your receipt. Thank you for your help in the case. It is a pleasure to work with your Staff. Sincerely yours, \ A A8~~ S. Berne Smith Enclosure: cc: Wesley C. Werner, Executor c';. c ~,:.' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL I AXES DEPT, 280601 HARRISBURG, PA 17128~060'\ REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT SMITH S BERNE ESQ 107 N 24TH ST CAMP Hill, PA 17011-3602 ______n told EST A TE INFORMATION: SSN: 196-14-0506 FILE NUMBER: 2104-1128 DECEDENT NAME: WERNER HAROLD E DATE OF PAYMENT: 02/28/2005 POSTMARK DATE: 02/26/2005 COUNTY: CUMBERLAND DATE OF DEATH: 12/03/2004 NO. CD 004997 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $2,000.00 I I I I I I I I TOTAL AMOUNT PAID: $2,000.00 REMARKS: CHECK#104 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS GLENDA FARNER STRASBAUGH REGISTER OF WillS S. BERNE SMITH Attorney-at-Law 107 N. 24th Street Camp Hill, PA 17011-3602 PHONE: (717) 737-6789 FAX: (717) 737-6783 July 30, 2005 In re: Estate of Harold E. Werner; SS # 196-14-0506; DoD: December 3, 2004; No. 2004-01128; P A File No. 21-04-1128; EIN: 20-6377253 File: 211002 Ms. Glenda Farner Strasbaugh Register of Wills Courthouse I Courthouse Square Carlisle, PA 17013-3387 Dear Ms. Strasbaugh: Enclosed are the original and one copy of the Pennsylvania Inheritance Tax return for the Estate of Harold E. Werner, along with a check payable to Register of Wills, Agent, in the amount of $990.44 as final payment of Pennsylvania Inheritance Tax. Also, enclosed is my check in the amount of$15.00 to pay the filing fee. We look forward to receiving your receipt. Thank you for your help in the case. It is a pleasure to work with your Staff. Sin~erelY yours, /1 (') /)13~~( / ~ S. Berne Smith Enclosures: cc: Wesley C. Werner, Executor ~-D "3 (~) N COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE OEPT 280601 HARRISBURG, PA 1712B-0601 REV - 1500 INHERITANCE TAX RETURN RESIDENT DECEDENT ... ..............,.., 'CiFFiC"IAL"lisE'ONL Y'.............. FILE NUMBER 21 COUNTY CODE 1128 NUMBER f- Z UJ o UJ U UJ o DECEDENT'S NAME (LAST, FIRST. AND MIDDLE INITIAL) WERNER. HAROLD E. DATE OF DEATH DATE OF BIRTH December 3, 2004 July 26, 1920 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) None SOCIAL SECURITY NUMBER 196-14.0-0506 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 2 -Q'~~ m 0." ..ce..Q U &lll <( X ,. Original Return 3. Remainder Return (dale of death prior 10 12- 13-82) 5. Federal Estate Tax Return Required o 8. Total Number of Safe Deposit Boxes 0'1. Election to lax under Sec. 9113(A} (AllachSch0) 2. Supplemental Return 4. Limited Estate 4a. Future Interest Comprise (dale ofdealh after 12-12-82) THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS S BERNE SMITH, ESQ. 107 N, 24TH STREET FIRM NAME (If Applicable) CAMP HILL, PA 17011-3602 6. Decedent Died Testate (See AttaChment A). 7. Decedent Maintained a Living Trust (Attach a copy of Trust) 10. Spousal Poverty Credit (dale of death between 12.31.91 and 1-1-95) r-.;1 $0.00 $4,207.98 $000 $000 $29,139.14 $0.00 $0.00 (8) $10,383.24 $33.40 (11) (12) (13) (14) (15) (16) (17) (18) (19) OFFldiii USE ONL1h~ , , C"~~; 1 j ,--~~ 9. Litigation Proceeds Received "E <U --0 c:= <:> =- U") ~ c:> C> TELEPHONE NUMBER 717-737-6789 2 Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship z o I- ::5 :J I- 0.. <( l) W r:r. 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Misc. Personal Property (Schedule E) 03 6. Jointly Owned Property (Schedule F) D Separate Billing Requested 7 Inter-Vivos Transfers & Misc. Non-Probate Property (Schedule G or L) {7} 8. Total Gross Assets (total Lines 1-7) Real Estate (Schedule A) (1) (2) {3} (4) (5) (6) (..0 1') $33,347.12 9. Funeral Expenses & Administra\lve Costs (Schedule H) (9) 10 Debts of Decedent, Mortgage Liabiiities & Liens (Scheduie I) (10) 11 Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) $1041664 $22,930.48 $2 293 04 $20,637.44 z o r: X<( <(f- f-:J Q. 2 o () SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of line 141axable at Ihe spousal tax rate, or transfers under Sec. 9116 (0)(1.2) x 0.00 $0.00 $0.00 $0.00 $3 095 70 $3,095.70 16. Amount of line 14 taxable at lineal rate x 4.5% > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < x 12 17. Amount of line 14 taxable at sibling rate $20,637.99 x .15 18. Amount of line 14 taxable at collateral rate 19. Tax Due 20. D CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Copyrig\lt 2000 David James Thorpe, Esq. Decedent's Complete Address: STREET ADDRESS 15 E. Winding Hill Road CITY Mechanicsburg I STATE PA IZIP 17055-5617 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2 Credits/Payments A. Spousal Poverty Credit B, Prior Payments C Discount $2,000.00 $105.26 Total Credits (A + 8 + C) 3 InteresVPenalty If applicable o Interest E. Penaity 4. T otallnteresVPenaity (0 + E) If line 2 is greater than line 1 + line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund If line 1 + line 3 is greater than line 2, enter the difference. This is the TAX DUE. A Enter the interest on the tax due. 8. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (4) (5) (5A) (58) Make Check Payable to: REGISTER OF WILLS, AGENT 5. (1) $3,095.70 (2) $2,105.26 (3) $0.00 $990.44 $990.44 1. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN X IN THE APPROPRIATE BLOCKS 2 Did decedent make a transfer and: a. retain the use or income of the property transferred; b. retain the right to designate who shall use the property transferred or its income; c. retain a revisionary interest; or d. receive the promise for life of either payments, benefits or care? If death occurred on or before December 12, 1982, did decedent within two years preceding death transfer property without receiving adequate consideration? If death occurred after December 12, 1982. did decedent transfer property within one year of death without receiving adequate consideration? Did decedent own an "m trust for" or payable upon death bank account or security at hIS or her death? Did decedent own an individual retirement account, annuity, or other non-probate property? 3. 4 Yes ~ No ; B E8 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 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 aU the information of which preparer has any knowledge. SIGNATURE OF PERSON RESP-%N~18L FOR pLl~ RETURN Wesley C. Werner, Executor '<0 ' (, rt4.~ ADDRESS 31 Chestnut Street, Steelton, PA 17113 SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE S BERNE SMITH, ESQ ADDRESS 107 N. 24TH STREET, CAMP Hill, PA 17011-3602 13~ DATE July ~"'f 2005 DATE July '2., 'I 2005 For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. !l9116 (a) (1.1) (i)]. APD (O-OO The tax rate imposed on the net value of transfers to or for the use of the decedent's line P.S. !l9116(a) (1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's sib _ ]"", ~ T Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of tr !l9116 (a) (1.1) (Ii)]. The statute does no exempt a transfer to a surviving spouse from ta> tax return are still applicable even if the surviving spouse is the only beneficiary. Dv~ 11:\ For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one yea adoptive parent, or a stepparent of the child is 0% [72 P,S. !l9116(a) (1.2)], ,,-- ---- _&,j.h,... ..."nth/inn spouse is 0% [72 P.S. 70 . oe:. %~ ('2- .osure of assets and filing a Co 0 ,GO l use of a natural parent, an in 72 P.S. !l9116(1.2) [72 ;ibling is defined, under Copyright 2000 David James Thorpe, Esq. . COMMONWEAL TH OF PENNSYLVANIA INHERITANCE TAX. RETURN RESIDENT DECEDENT SCHEDULE 8 STOCKS & BONDS ESTATE OF HAROLD C WERNER FILE NUMBER 21-04-1128 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM DESCRIPTION NUMBER VALUE AT DATE OF DEATH Prudential Financial- Account # 04500236812. Dryden National Municipal Fund, Class A, Fund #0022. 127189 shares at $15.22 per share = $1,935.82. (See Attachment B, the Prudential Financial statement as of October 25,2004, which shows the number of shares. The date of death value per share was obtained from the Internet for December 3,2004.) $193582 2 Prudential Financial, Inc. Common Stock Cusip #744320102. 44 Shares of common stock at $51.64 per share at date of death = $2,272.16. The date of death value per share was obtained from the Internet for December 3, 2004 2.272 16 TOTAL (Also enter on line 2, Recapitulation) (If more space is needed, insert additional sheets of the same size) $4.20798 Copyn~hl 2000 DaVId James Thorpe, I::sq - 'COMMONWEAL TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF HAROLD C WERNER FILE NUMBER 21-04-1128 Include the proceeds of litigation and the dale the proceeds were received by the eslale All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1 2 3 4 5 6 7 8 DESCRIPTION VALUE AT DATE OF DEATH $199.30 Cash Clothing _ What Iiltie clothing decedent had at death was either given to Good Will Industries or was thrown away 000 Furniture: Decedent lived in a small, furnished apartment The only furniture that he owned consisted of a recliner, a dresser, a lamp and a mattress. Estimated value is that these items would not exceed $225.00 In total 225 00 PNC Bank Interest Checking Account #5-7008- 66 15. The date of death value of this checking account was $14,757.26. (See Attachment C, the PNC statement as of November 24,2004. There were no additions or deletions from this account till date of death December 3, 2004, except for accrued interest of 36 cents). Hence, total principal and accrued interest at date of death was $14,757.62. 14,75762 Members First Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055. Account # 1 95576. Checking Account as of date of death was $2,578.70. There was also accrued interest of 6 cents for a total value of $2,578.76. (See Members First statement of November 30, 2004, Attachment D hereto.) 2,57876 Members First Savings Account balance as of date of death was $75.06. See Attachment D above. 7506 Members First Money Management See Attachment D above The date of death value was $10,742.55 plus accrued Interest from November 30 to December 3, 2004. The accrued Interest was 96 cents Thus. the date of death value of this account was $1074255 plus interest of $.96 = $10,74351 10,74351 Refund of Medical Insurance Premium from High Mark Blue Shield 559 89 TOTAL (Also enter on line 5, Recapitulation) (If more space IS needed, Insert additional sheets of the same size) $29,13914 Copyright 2000 DaVid Jalllt:s Thorp..., Esq - COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF HAROLD C WERNER FILE NUMBER 21-04-1128 Debts of decedent must be reported on Schedule I ITEM NUMBER DESCRIPTION AMOUNT A 1 2 3 B 2 3 4 5 6 7 8 9 10 11 FUNERAL Myers Funeral Home in Mechanicsburg, PA Funeral Luncheon for friends at The Special Place (30 in attendance) Engraving on head stone $7.20300 300,00 7500 ADMINISTRATIVE COSTS Personal Representative's Commissions Name of Personal Representative(s) Wesley C Werner SOCial Security Number(s) I EIN Number of Personal Representative(s) Street Address 15 East Winding Hill Road City Mechamcsburg Stale PA Zip 17055-5617 Year(s) Commission Paid: 2005 Attorney Fees:: S. Berne Smith, Esq. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City Slale Zip Relationship of Claimant 10 Decedent 800 00 1.60000 Probate Fees 10900 Accountant's Fees Tax Return Preparer's Fees - Thomas Kerr, CPA 50,00 Estate Notices in Carlisle Sentinel and Cumberland Law Journal 19592 Photocopy Expenses 750 Postage 982 Executor's expenses advanced 18,00 Filing fee for PA Inheritance Tax return 1500 TOTAL (Also enter on line 9, Recapitulation) (If more space IS needed. Insert additional sheets of the same size) $10.38324 CopyrighT 2000 David Jame~ Thorpe. Estl COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF HAROLD C. WERNER FILE NUMBER 21-04-1128 Include unrelmbursed medical expenses. ITEM NUMBER 1 DESCRIPTION AMOUNT Messiah Village - home monitoring machine rental $33 40 TOTAL (Also enter on line 10, Recapitulation) (If more space IS needed. Insert additional sheets of the same size) $33 40 Copynglu 2000 DavaJ James Thorpe, Esq COMMONWEAL TH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF HAROLD C WERNER FILE NUMBER 21-04-1128 NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER 00 Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS (include outright spousal distributions) 1 Wesley C Werner, 15 E. Winding Hill Rd, Mechanicsburg, PA 17055 Nephew 16% of residue of the estate 2 Elizabeth Ann Werner, 5026G Trent Rd., Harrisburg, PA 17109 Sister-in-Law 16% of residue of the estate 3. Mark E Werner, fl, 4425 Wynn Rd., Perry Hall, MD 21236 Nephew 16% of residue of the estate . 4 Dennis Werner, 420 E Marble St., Mechanicxburg, PA 17055 Nephew 16% of residue of the estate 5. Lance Werner, 906 New Bloomfield, Duncannon, PA 17020 Grand Nephew 16% of residue of the estate 6 Mary Benner, 26 N. Markel St., Apt 206, Mechanicsburg, PA 17055-3323 Friend 10% of residue of the estate ENTER OOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIATE, ON REV 1500 COVER SHEET II INUN-!. UI~ I ",tlU "UN,,: A SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1 B CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1 Evangelical Wesleyan Church, C/o Pastor Mark Heldreth, 4727 Marblehead St., Harrisburg, PA 17109 10% of residue of the estate TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET (If more space IS needed, Insert additional sheets of the same size) Copynght 2000 David lame!> Tho/pe, Esq LAST WILL AND TESTAMENT OF HAROLD E. WERNER I, HAROLD E. WERNER, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound mind and disposing memory, though I realize the uncertainty of this life, I have full cqnfidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: ~ 1.1 I bequeath all my tangible personal property in accordance with the terms of a personal property memorandum I have prepared. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. ~ 1.2 I bequeath such property not disposed of by such memorandum, or all of such propelty ifno such memorandum is located or received, to be sold and the proceeds be distributed as a part of my residuary estate. ~ 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. ~ 1.4 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Two: Residue: ~2.l I bequeath and devise all the residue of my estate, of whatever nature and wherever situated, including any property over which I have a power of appointment, as follows: S2.1.1 Ten percent (I 0%) as a charitable bequest to Evangelical Wesleyan Church, fJ 'rT~ c:.~.rrc t->T 'f} 4727 Marblehead Street, Harrisburg, P A 17109. 92.1.2 Sixteen percent (16%) to my sister-in-law, Elizabeth Ann Werner, of Mechanicsburg, P A, per stirpes; 92.1.3 Sixteen percent (16%) to my nephew, Wesley C. Werner, of Mechanicsburg, P A, per stirpes; 92.1.4 Sixteen percent (1'6%) to my nephew, Mark E. Werner II, of Perry Hall, MD, per stirpes; 92.1.5 Sixteen percent (16%) to my nephew, Dennis Werner, of Mechanics burg, P A, per stirpes; 92.1.6 Sixteen percent (16%) to my grandnephew, Lantz Werner, of Mechanics burg, P A, per stirpes; and g2.1.7 Ten percent (10%) to my friend, Mary Benner, of Mechanicsburg, PA, per capita. If Mary Benner fails to survive me, her share shall be divided equally among the persons specified in gg2.1.2 through 2.1.6. Article Three: Provision for Debts and Expenses: g 3.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Four: Appointment of Fiduciaries: g4.l I appoint my nephew, Wesley C. Werner, as Executor of this Will. If Wesley Werner is unable or unwilling to serve or to complete the administration of my estate for any reason whatsoever, I appoint my nephew, Mark E. Werner II, as first, contingent Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my contingent Executor, as the case may be. Article Five: Powers of Fiduciaries: g5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. 95.2 Any such fiduciary shall have the following powers, in addition to those given by law: 2 95.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; 95.2.2 To sell, exchange, partition or lease for any period oftime any real or personal property and to give options therefor for cash or credit, with or without security; 95.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 95.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; 95.2.5 To engage in litigation and compromise, arbitrate or abandon claims; 95.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; 95.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; and 95.2.8 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. Article Six: Provision for Taxes: 96.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor as follows: 96.1.1 Death taxes due on the value of items of Tangible Personal Property bequeathed pursuant to Article One shall be paid out of the principal of the residual portion of my estate disposed of by Article Two of this Will. 96.1.2 Death taxes, if any, due on the value of assets such as life insurance policies, lRAs or Annuities shall be paid out of the proceeds of those assets on a prorate basis before 3 distribution of the balance of the accounts is made to the beneficiaries named in the life insurance policies, IRAs or Annuities. 96. I.3 Any other death taxes due on all other assets shall be paid by the Executor out of the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Eight: Miscellaneous Provisions: 98.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of I 986, as amended from time to time, or the corresponding provision of subsequent law. 98.2 Whenever the Fiduciary is to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Fiduciary's sole discretion exercised in good faith), the Fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Fiduciary (including the Fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. 98.3 Except as otherwise may be provided in this Will, until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. 98.4 If any beneficiary hereunder should die within thirty (30) days after me or within 4 thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. IN WITNESS WHEREOF, I, HAROLD E. WERNER, have hereunto set my hand and seal to this, my last Will, typewritten on six (6) sheets of paper, including the self-proving attestation clause and signatures of witnesses, this j g 1'1 day of U I.' IV ~~ , 2004. , /t?\/ /~:r]:/v ('-(.,1 r:' fA/ .JU),..",,_-'./.../ (SEAL) HAROLD E. WERNER Signed, sealed, published and declared by the above named HAROLD E. WERNER as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. \~tt-7 () ~ Residing at / ~ 7 IV. 2-4 rt.. r""._ ,....) / - C n n " /1. '- <. (>/1 I~'\"" ;<7 ~~)Residingat loe C /.J-;7.4 IV, 'L C( '11- /(~L (4_ ) r"~ ...J '/ /'7 0 II ~'A 0 ;j::2J~L...JJ..esiding at '77'7 tJ'-f) J/L..V<'-'"A .J;j./lIN.;_ AI>, hCLI1~ /1/1 C.J'OL( At,. J'P )7".71 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND We, HAROLD E. WERNER, the testator, and ([3CT1-)T W Si< 111'1 r. @.cllNcC' '/;'1'7'1-/ , and 5 pc /V I.F<= L. )) d. ( r7 r? ,v , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. l~ €l()~ n ~l) w~-.x. Witness HAROLD E. WERNER ;J~(R~~ Witness ru~ ci.fjJ~ Witness Subscribed, sworn to and acknowledged before me by HAROLD E. WERNER, the testator, f) c-rr7 UJ , and subscribed )M 1'1 N and sworn 13 /..-~J1. Ivlt to before me by .s , S~ iT 1-1 and If) 2- IV '.r ;: L , tl> I ~ l I'-? h.-J , the witnesses, this /9T.l day of J(,.....,"'Jc , 2004. 0)~ ~,r1J~ Notary Public My Commission expires: SEAL MOIARIAL SEAl oeNlse L. DILLMAN. NOTARY PU8UC HAMPTON TWP.. CUMBERlAHO COUNtY MY COMMISSION EXPIRES SepT. /I. ZOO4 6 000003544 ~ Prudential ~ Financial CHECK STATEMENT HAROLD E WERNER 15 E WINDING HILL RD MECHANICSBURG PA 17055-5617 Date of Distribution: OCT 25 2004 Reason for Distribution: 0 I V I 0 E NO Account Number: Check Number: Total Distribution: 045002368!2 0864846412 $5.86 Page I of YOUR FUND NAME ORYDEN NA T IQNAL MUNICIPALS FUND Fund Class & Fund Number CL ASS A, FO .1'0022 Distribution Type Record Date/Div. Period 09/26/2004- 10/25/2004 S~",e. Entitled to Distribution Distribution Rate NfA , '1...,7./$ ~ :>< /:-.>- l..F~~ P/935; .P 2. Grass Distribution Ta>tes Withheld so 00 e I L/.,/Z'OL)i; - NRA Withholding $0.0.0 Net Fund Distribution $5 86 End of Day Shares 1:21 189 End of Dav Value $1,96125 Prudential Mutual Fund Services LLC strives for quality Was this transaction executed to your satisfaction? If not. please call Customer Service at (800) 225-1852 Please see the reverse side for automated and personalized services. Thank you for choosing Prudential for your fmanclal needs. Pl<u<:<> np'::o.rn h~l...u. r.:'l<;hinl'1 Or deoQsilmo check A 'T " A- C H n E I'V r 13 PNC Bank /For the period 10/27/2004 to 11/24/2004 Prilnary account number: 50-7008,6615 Pege 1 of 4 Numher of endosures: 3 HAROLD WERNER 15 E WINDING HIll RD MECHANICS BURG PA 17055-5617 W For 24-hol_lr bankinq, ClIstOIl1p.r se,vi{~e and ~trans21ction Of interest rate information, 1r siqn-on to Account Link (~ hv W<,_,b On pncb<:Hlk.colTl or call1-88~lPf\JC[l.J-\NK Para selvicio en espano!, 1-8b6-HULA-PNC MOiling? PI"e,e contedus <1' 1888 PNC-Bt,NK ~ Vi/rite to: Customer Servil:e PO BOK 609 PltlSb.lIgh PA 15230-9738 t-J Visit lie, Ci! pnd.l;H~k_\;Oin L::}, ~'Y:fi ..... ..,.,......J rUG tel/Pin;'!/: 1 eonSJI lGiW 1,,'1 h'-i' !I'",. !In/'ll' ,',II I li'~l\l', (IJ .J..,.- . A~ I Jlt. _ ..4,,~ -~ J! ...-.r:~I5~Iil.N_ -.-IIIr.lIMI_.'I!IfN:1:. ~ II. _ II ,U>~ft~~~.,J.A .. .........!...r JIWl~ See importc"lni: information regarding Check 2'1 and substitute checks detailed in this statement. Interest Checking Account Summary Account number: 50-]0086615 HClfoldWerner Balance Summary BegInning balance Deposits ClI1/:1 olher ;:JdljltlOns ChecL:: and oth"!r def1ul,tiolls Enr.lir1'1 bal;;ncp Please <;er~ the /\(:tivit.V Detail section for addijj(mal infO! ITlation 11,~),iti.3G 771117 ~1~1~1..:7 l.l..I;J 7 .211 Averaqe rT10nitlly bi.1hn'e Ch<in.l8S .111/1 Ie'?,; II,'; III 71 IHI Transaction Summary Cl1ef:ks paldl withdraw;:!is Ched Card pos siqnpd 1r~nsartiQn5 Chl?l'k C'lrd,B"tll< cal"(1 POS PIN trtJI1<;;;dlon.s ,'j I! " T0tai ATM transactIons PNC H,1nV A TM traI1S<l,:Uons OthEr Bani .lHM \ran53ctlon~ II I! !J Annual Perr:entage Yield Earnelj (APYE) NUrnb~r Of l13Y" in inlerest period "verage (0/1'!i('IP(j balarlf'~ for APYE )nl81e<;;! L)rn~d thi 5 period A5 Of i L'~:J. ,.1 rO!;:jl 'A $i3~\H~ I,', 'ult!r;~;'~::"-::- earned tlli:: \'e<lr. Interest Summary 0.10% '2~:\ I.I,,~IO 73 117 Activity Detail Deposits and Other Additions I I 'O~\ Amount Descri pHon 7(;~J,(JO Direct Depo..it -Sn<~ See US TrC;.1'Hll,,' :10J 1 ~Hi 1IO:.)(Hl.'\ l.17 IIIIC:'rl'~t P;lYlllt'nl Ther;;;;"ere 2 Deposits eml Utilel J~dditions tolaling $770.17_ Date 11.21 Checks and Substitute Checks Check DatI! number Amount paid ~)27 tit1_'i:l II 01 ~12~'T 117 '"Ii! 10 ':2!1 ~\~~( I ]IH).()O II iO~1 \,!'1."j,'{].',1:.i2 l)'l(i~, 1',21 1 1}~71()1:2I,'3- ,,1 Amount $l,lll ~ 1.00 '1:1,70 D.'lre patti i I 0'-1 II \1; II II> Rf:'f~r=>nce number Reference number Check nil ITl l)P.t 1I"l,-I'iJ'."2," ll:~ '.2 '1'\1 i 1:2.':\()'2 '7 '::'! I I II;I;-!\ r 7'~1\,j :hecks Paid continued on next page 1J~'(J+CNnI:N'T c FORM953R-l)i$.<; MEi\tlBERS 1st FEDERAL CREDIT UNION Sendlnqui:res to: SOOOL.oulseOrive PO Box 40 Mechanicsburg. PA 17055 'NWW .mambers1 st.ol'g Main Switchboard: {717) 0.9"/'.1161 or (800.1 "283-2328 EZ Call: (717) 697.4372 or (800) 283.4372 TDD; (7~ T) 597.5312 Of (BOO) 283-2328 ~xt. 5312 Telearanch: (71l) 795-6049 or (800) 237- n88 Statement of Accounts Nov 01, 2004 thru Nov 30, 2004 Account Number: 195576 :272,6 1 AV o. 273 2:;451-~2726 1",11'",111..,,1.1.,1.1..',1.,11,..,,111...1.,,11,1.1,111,11 HAROLD E WERNER 15 E WINDING HILL RD MECHANICSBURG PA 17055 Account Balances at a Checking: Savings: Certificates: Loans: Money Management: Glance: 2,578.70 75.06 0.00 0.00 10,742.55 - === =-- - =--- -".-- Page: 1 of 2 A Members 1st Visa Card is like magic in your wallet. Take advantage of our 3.99% APR balance transfer rate. See the enclosed insert or call 717-795..603'2 for details. CHECKING ACCOUNTS 11 CHECKING Date Transaction DeSc~lplion Nov 01 Balance Forward Nav 30 Deposit Dividend 0.250% Annual Percentage Yield Earned 0.25[J'A, from 11/01/2004 througn 11/30/2004 Based on Average Dally Balance of 2,518.17 Nov.30 Ending Balance Additions Subtractlo.1S Balance 2.57.9 17 2,578.70 o 53 2.578 70 SAVINGS ACCOUNTS 00 REGULAR SAVINGS Date Transaction Description Nov 01 Balance Forward Nav 30 Deposit DIvidend 1.000% Annual Percentage Yield Earned 0.98[J'A, from 11/01/2004 through 11/30/2004 Nov 30 Ending Balance Additions Subtractions Balance 75.00 75.06 0.06 75.06 05 MONEY MANAGEMENT Date Transaction Description Nov 01 Balance Forward Nav 30 DepOSit DiVidend 1.090% Annual Percentage Yield Earned 1. 10[J'A, from 11/01/2004 through 11/30/2004 Nov 30 EndJng Balance Additlons~__ Subtrai;.t!Q.~_ 9.62 Balance 10.732.93 10.742.55 10,742.55 YTD SUMMARIES TOTAL DIVIDENDS PAID 00 REGULAR SAVINGS 05 MONEY MANAGEMENT 11 CHECKING 006 102.57 5.36 j). f1";::t::-t./ n eNr '7/ M1STOl - - - Continued on following page _ __ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT,280601 HARRISBURG, PA 17128-0601 REV-1162 EX( 11-961 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 005639 SMITH S BERNE ESQ 107 N 24TH ST CAMP HILL, PA 17011-3602 ACN ASSESSMENT AMOUNT CONTROL NUMBER _____d_ fOld ---------- ------~- 101 I $990.44 ESTATE INFORMATION: SSN: 196-14-0506 I FILE NUMBER: 2104-1128 I DECEDENT NAME: WERNER HAROLD E I DATE OF PAYMENT: 08/01/2005 I POSTMARK DATE: 07/30/2005 I COUNTY: CUMBERLAND I DATE OF DEATH: 12/03/2004 I I TOTAL AMOUNT PAID: $990.44 REMARKS: CHECK#108 INITIALS: JA SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS UJ M '" "'c.> ~ ~ ~M ~C:J=~&iM ~:I-OM~~ .a...::I:~-JCr-- ~ i: 9~- ::::J <I: U ~ >- f'..: z ::::J_ lEi;R- <I: In H ~ loIi":1 ~ t, ,~ ..... o '- -- u. c.o co I :t () C) ." -- I11III o ... ~) C -= ; r~' I,....., ~ "r 'K (:= : ~'" \ ,.... :- , . . '-0 01 f-<o 00. r.I.l ~ ~ ~ ~ "~ f-< ....... =-<CZl~ Eo-; ~ ::r: :..... .... !;;: f-< ~ ~~~ :J.. 00. <oJ::r: " ~~f-< j ~8~ ..... !- 0 ,I: -< Z ~ ~ .,.... = 8~ . ......u 00. -~ -~~''''''''''''''''''''l -.,.-.. 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COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE c-c""-,-"-q' "'~fCE iOf INHERITANCE TAX ---APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX 10-10-2005 WERNER 12-03-2004 21 04-1128 CUMBERLAND 101 APPEAL DATE: 12-09-2005 ( See reverse side under Objections) Amount Remitted I I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 9~!_~~9~~_!~~~_~~~~______~___~~!!!~_~Q~~~_~Q~!!Q~_~Q~_YQ~~-~~~Q~~~--~-------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX HAROLD E FILE NO. 21 04-1128 ACN 101 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 r:'~ .", '" ": 7 i, I.. S BERNE SMITH ESQ 107 N 24TH ST CAMP HILL PA 17011 ESTATE OF WERNER REV-1547 EX AFP (06-05) HAROLD E TAX RETURN WAS: (X) ACCEPTED AS FILED DATE 10-10-2005 ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) S. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) S. Total Assets U) (2) (3) (4) (S) (6) (7) .00 4,207.98 .00 .00 29,139.14 .00 .00 (S) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) UO) 10,383.24 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 33,347.12 10.416 64 22,930.48 2,293.04 20,637.44 NOTE: I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect ~igures that include the total o~ ALL returns assessed to date. ASSESSMENT OF TAX: IS. Amount of Line 14 at Spousal rate (IS) 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 17. Amount of Line 14 at Sibling rate (17) IS. Amount of Line 14 taxable at Collateral/Class B rate (IS) 19. Principal Tax Due TAX CREDITS: .00 X 00 = .00 .00 X 045 = .00 .00 X 12 = .00 20,637.99 X 15 = 3,095.70 (9)= 3,095.70 33.40 Ul) (2) (3) (4) rU:l.r..Lr I l+J AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 02-26-2005 CD004997 105.26 2,000.00 07-30-2005 CD005639 .00 990.44 TOTAL TAX CREDIT 3,095.70 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 I IF TOTAL DUE IS LESS THAH ", HO PAVOEHT IS REQUIREO. ~ IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. -'" .. S. BERNE SMITH Attorney-at-Law 107 N. 24th Street Camp Hill, PA 17011-3602 PHONE: (717) 737-6789 FAX: (717) 737-6783 March 16,2006 In re: Estate of Harold E. Werner; SS # 196-14-0506; DoD: December 3, 2004; No. 2004-01128; PA File No. 21-04-1128; EIN: 20-6377253 File: 211002 Ms. Glenda Farner Strasbaugh Register of Wills Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Dear Ms. Strasbaugh: Enclosed is a copy of the Estate Settlement Agreement pursuant to which the above captioned Estate has been concluded. Also enclosed is a final status report and my check in the amount of $20.00 to cover the fee for the Settlement Agreement. If anything further is required, please advise me. Thank you for your attention to this matter. Sincerely yours, . . /~/)~jj~ ~ /' /. ~)J S. Berne Smith Enclosures: cc: Wesley C. Werner, Executor 1"""."1 C"J STATUS REPORT UNDER RULE 6.12 Name of Decedent: HAROLD E. WERNER Date of Death: December 3,2004. Will No. 2004-1128 Admin. No. 21-04-1128 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes _X_ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Not applicable. 3. If the answer to No.1 is Yes, state the following: A. Did the personal representative file a final account with the Court? Yes No X B. The separate Orphans' Court No. (if any) for the personal representative's account is: Not applicable. C. interest? Yes X Did the personal representative state an account informally to the parties in No D. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attacked to this report. Attached. Date: March 16, 2006 L?1J~~l Signature S. Berne Smith~ Esq. Name (Please type or print) Address: 107 N. 24th Street Camp Hill, PA 17011-3602 Telephone No. 717-737-6789 Capacity: Personal Representative I.""', } \:; . _X_Counsel for personal representative ~~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF HAROLD E. WERNER, DECEASED ORPHANS' COURT DIVISION No. 21-04-1128 ESTATE SETTLEMENT AGREEMENT Counsel of Record for this Party: filed on behalf of WESLEY C. WERNER, EXECUTOR S. Berne Smith, Esquire PA J.D. #07254 107 N. 24th Street Camp Hill, PA 17011-3602 (717) 737-6789 1 c.) "-' , I~Y ESTATE SETTLEMENT AGREEMENT This is an AGREEMENT by and between WESLEY C. WERNER, individually and as Executor of the Estate of HAROLD E. WERNER, Deceased, and the beneficiaries, hereinafter set forth, who covenant and agree as follows: WITNESSETH WHEREAS, Harold E. Werner, died December 3,2004, having left his Last Will and Testament dated June 18, 2004, which was duly admitted to probate by the Register of Wills of Cumberland County at the above number and term December 10,2004; and WHEREAS, Wesley C. Werner has been duly appointed as Executor of the Estate of Harold E. Werner, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Harold E. Werner, Deceased, are: Wesley C. Werner 15 East Winding Hill Road Mechanicsburg, PA 17055-5617 Elizabeth Ann Werner 5026 G, Trent Road Harrisburg, PAl 71 09 Mark E. Werner, II 4423 Wynn Road Perry Hall, MD 21236 Evangelical Wesleyan Church C/o Pastor Mark Heldreth 4727 Marblehead Street Harrisburg, PAl 71 09 Mary Benner 26 N. Market Street, Apt. 206 Mechanicsburg, P A 17055-3323 Dennis Werner 420 E. Marble St., P.o. Box 694 Mechanicsburg, PAl 71 09 Lance Werner 906 New Bloomfield Duncannon, P A 17020 Name Address WHEREAS, Harold E. Werner, Deceased, was not survived by a spouse; and 2 WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreement by all parties, will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated as of February 20, 2006. WITNESS: / ~J3~~---/~1 ~ ('~~ W sley C. Werner, Executor WITNESS: Beneficiary 3 .... WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreement by all parties. \vill receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and all liability which may from time to tin1e arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded inthe estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated as of February 20, 2006. WITNESS: d /7) , ...1 . -." /. i jj ~V~~ / 0",-,-/1 t.1:;~: (-~~ ('i/jtk; )/ W~ley C. Werner, Executor WITNESS: ~d-tJi l/;JbW6t.4 ~~~Jip~OA ) Bendiciary 3 WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreement by all parties, will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated as of February 20, 2006. WITNESS: Wesley C. Werner, Executor WITNESS: 1l/.~>j4~- PbJ;:-.- /}vt.<1J- ~J.-.~ Evangelical Wesleyan hurch, BenefiCiary 3 WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreement by all parties, will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated as of February 20, 2006. WITNESS: Wesley C. Werner, Executor WITNESS: ~NlI L VP~'lfl#u ~~~ Mary nner Beneficiary 3 WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreement by all parties, will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated as of February 20, 2006. WITNESS: Wesley C. Werner, Executor ~~.___.,~.."TN._ E~SS: \ ~ _ ':P ('LA' _h ~ ff)~ Beneficiary 3 WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreen1ent by all parties, will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsyl vania. Dated as of February 20, 2006. WITNESS: Wesley C. Werner, Executor WI~I/~ ~~L)2J.~~ Lance Werner Beneficiary 3 WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreement by all parties, will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and allliability which may from time to time arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated as of February 20, 2006. WITNESS: Wesley C. Werner, Executor WITNESS: ~8'~ ~ 't.~;;; Mark E. Werner, II Beneficiary 3 WHEREAS, there were no specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate assets, receipts and disbursements, (Schedule 1) and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distribution of the residue of the estate, and upon execution of this agreement by all parties, will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Wesley C. Werner, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Harold E. Werner, Deceased. The parties do further agree to indemnify and hold harmless Wesley C. Werner, Executor, from any and all liability which may arise against the estate from creditors or other claimants. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsyl vania. Dated as of February 20, 2006. WITNESS: Wesley C. Werner, Executor WITNESS: y?I\1H~ i.(l)O>.nV\ ~/C~ J C1z..., We ey C. Werner, BenefiCIary 3 , . SCHEDULE 1 ACCOUNT OF ESTATE OF HAROLD E. WERNER FROM 12-4-2004 TO 2-7-2006. Members First Grand Members First Checkina Savinas PNC Checkina Total Transaction Date Withdraw Deoosit Balance VVithd raw ~Balance Withdrawl Deoosit Balance Balance DDenina Balance ~3.381.01 25.0C m4581.9t: ~7 987.9E 12/14/0 "'uneral Exoense 4 b 7 350.0C $ 6 031 .01 $ 25.0C !R4581.9t: t20637.9E ~eal after 12/2010 L-uneral 4 b 300.0C ~ 5731.01 !Ii 25.0C ;4581.9t: $20337.9E 12/21/0 tstate Checks 4 S 10.7E S 5.720.2E ~ 25.0C ~4 581.9& t20 327.2 ~essiah Village 12/29/C Monitorina Fee) 4 S 28.0C ~ 5.692.2E !Ii 25.0C m4581.9& Si20 299.2 12/31/C bividend 4 II> 1.0f $ 5 693.3~ !Ii 25.0C ~4 581.9& t20 300.2~ bividend 1/31/0E II> 1.21 ~ 5694.5E $ 25.0C ~4 581.9& ~O 301.5( Highmark Blue Shield 1/31/0E S 5.694.5E !Ii 25.0C :6 559.8~ m 5 141.8-' t20 861.3c ~yers Funeral $ 25.0( $ 147.0C !R 5 288.8-' Home Refund 1/31/0E ~ 5 694.5& t21 008.3~ Messiah Village Monitorina Fee) 2/2/05 $ 5.4( $ 5689.H b 25. O( ~ 5 288.8~ ~1 002.9~ :JNC Bank Fee 2/23/05 $ 5689.1t: b 25.0r ~ 2.0C 15 286.8~ 121 000.9~ ~eaister of Wills ? /24/0~ ~2 OOO.OC $ 3 689.1 E b 25.0C ~ 5 286.8A 1>19000.9c !:>ividend 2/28/05 $ 1.0~ S 3 690.2~ b 25.0r 15 286.8~ 1>19002.m ""homas Kerr 3/19/05 ~ 50.0C S 3 640.2~ S 25.0C ~ 5 286.8A &18 952.m DNC Bank Fee 3/25/05 S 3 640.2~ ii 25.0r ~ 2.0C D5 284.8~ 9>18.950.m Jividend 3/31/05 ~ 0.7~ S 3 641.0~ b 25.0C D 5 284.8" S18 950.8 :JNC Bank Fee 14/26/05 $ 3 641.0~ Ii 25.0r t 2.0C ~ 5 282.8~ 9>18948.8 !:>ividend 14/30/05 9; 0.7~ b 3 641 .7f l) 25.0C R 5 282.8~ 9>18 949.6 !:>ividend 5/1/05 9; 0.7i b 3 642.5E B; 25.0C 15282.8" 9>18 950.3~ =>NC Bank Fee 5/25/05 $ 3 642.5E B; 25.0C Ii 2.0C I 5 280.8~ 9>18 948.3~ ~rudential Dividend) 6/9/05 ~ 46.9f b 3 689.5~ B; 25.0C 15 280.8~ 9>18 995.3 :real Fee (PNC ~ 3ank) 6/9/05 $ 2.0( 2) 3 687.5 25.0( ~ 5 280.8A ~8 993.3 :JNC Bank Fee 6/25/0~ II> 3 687.5~ B; 25.0C B; 2.0r ~5 278.8.c1 9>18 991.3 ~rudential Dividend) 6/3 %E S 7.31S 3 694.8-' B; 25.0( ~ 5 278.8.c1 ~8 998.6l !:>ividend 6/30/0E $ 0.7E !b 3 695.6C B; 25.0C m 5 278.8A ~ 8 999.4,/ ~rudential Drvden) t?/14/0E 92.121.7-' !b 5 817.3-' B; 25.0C m 5 278.8A ~1 121.1l )NC Bank Fee 7/26/05 $ 5 817.3~ $ 25.0C ~ 2.0C !R 5 276.84 t21119.H ~eaister of Wills 7/29/05 l) 990 .4~ $ 4826.9C $ 25.0C m 5 276.84 :&20 128.7i , . Dividend 7/31/05 S 1.05 $ 4.827.95 $ 25.0e !R 5 276.8.t1 :&20 129.7< Wesley Werner $ 4027.9E !R 5 276.8~ executor) B/18/0~ S 800.0C $ 25.0e :s19 329.7~ PNC Bank Fee B/26/05 !Ii 4.027.91: $ 25.0C $ 2.0e !R5 274.8~ 9)19 327.7~ Dividend B/31 JOE i) 0.9i $ 4.028.92 $ 25.0C !R 5 274.8.t1 ~9 328.7E bividend 9/30/05 Ii 0.82 $ 4.029.75 $ 25.0e !R 5 274.8.t1 ~9 329.5~ he Elizabethville ~onument Co. 1 0/3/0E !Ii 4 029.71: $ 25.0e $ 80.0e !R 5 194.8.t1 9)19 249.5~ Prudential Dividend) 1 0/6/05 & 20.7~ !Ii 4 050.5~ $ 25.0C !R 5 194.8.t1 9)19 270.3 bennis Werner 10/6/05 ~ 4 050.5~ $ 25.0e $1 600.0C ! 3 594.8.t1 :s17 670.3 Mark E. Werner, I 10/6/05 ~ 4 050.5~ $ 25.0C an 600.0e !R 1 994.8.t1 9)16 070.3 lizabeth Ann Nerner 10/6/05 $ 4 050.5~ $ 25.0C S1 600.0e 10394.8.t1 $14470.3 iIlarv Benner 10/6/05 !Ii 4 050..5~ $ 25.0C an ooo.oe ~ 9 394.8.t1 $13470.3 vangelical $ 4050.53 S1 000.00 Neslevan Church 10/6/05 $ 25.0e $ 8 394.84 $12470.3 Nesley C. !& 2 450.5 Nerner 10/6/0E S 1.600.0C $ 25.0C ~ 8 394.8.cl :s1 0 870.3 ance Werner 10/6/05 :t:i 1 600.0C S 850.5~ ~ 25. OC IS 8 394.8~ ~ 9 270.3 :)ershing 10/25/C Prudential Stock 5 S 850.5.: ~ 25.0C [b2.794.0~ m 1 188. 9~ 9>12 064.4' 10/26/C :)NC Bank Fee 5 B; 850.5'= ~ 25.0C B; 4.0C m 1 184. 9~ !s12 060.4' 11/25/C :)NC Bank Fee 5 S 850.5 IS 25.0C S 2.0e m 1 182. 9~ 9>12 058.4' 12/27/C :)NC Bank Fee 5 B; 850.5'= S 25.0C S 2.0e ~ 1 180.92 !s12 056.4' :)NC Bank Fee 1/26/0€ S 850.5~ $ 25.0C 1& 2.0e m1178.92 !s12054.4' ::;Iose Members irst Account 2/6/06 $ 850.5'= B; to.OO !Ii 25.0C S o.oe m1178.92 1s11178.9 JgnnCiT PNr; 2/7/06 ~ R7!1':;'l ~? n,:;.d. .d.J: ~? n,:;.d. L1' , ... Schedule 2 PROPOSED FINAL DISTRIBUTION SCHEDULE - HAROLD E. WERNER ESTATE This schedule supplements the prior Schedule 1 data by showing expenditures subsequent to February 7, 2006, and the proposed final distribution amounts. Date Event Amount Balance 2-7-2006 Balance forward from Schedule 1 $12,054.45 2-20-2006 Expense reimbursement - S. B. Smith $362.05 11,692.40 2-20-2006 Legal Fee - S. Berne Smith 1,600.00 10,092.40 2-11-2006 Fiduciary Income Tax preparation 75.00 10,017.40 2-11-2006 Final state and federal income taxes paid 46.00 9,971.40 2-20-2006 Contingency for final expenses: filing fee, 21.40 9,950.00 photocopies; postage, etc. 2-20-2006 Balance before final distribution and 9,950.00 amount available for distribution Final Distribution - Wesley Werner 1,592.00 8,358.00 Final Distribution - Dennis Werner 1,592.00 6,766.00 Final Distribution - Mark E. Werner 1,592.00 5,174.00 Final Distribution - Elizabeth Ann Werner 1,592.00 3,582.00 Final Distribution - Lance Werner 1,592.00 1,990.00 Final Distribution - Mary Benner 995.00 995.00 Final Distribution - Evangelical Wesleyan 995.00 0.00 Church BALANCE AFTER DISTRIBUTION $12,054.40 $0.00