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Home My WebLink About08-05-14 (2) -,, !,r .../� F r.rr Y 2i ?', F.UG -5 N 1: 40 ri =i<, ORPR'dv'S COURT ESTATE OF PAUL W. CLIPPINGER CUMBERLAND CO., PA File No. 21-10-1077 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this day of 2014, BETWEEN: ROYD KEYS, being the residuary legatee under the Last Will and Testament of Paul W. Clippinger, late of the Borough of Shippensburg, Cumberland County, Pennsylvania, AND ROYD KEYS and BONITA K. OCKER, Co-Executors of the Estate of Paul W. Clippinger, deceased, WHEREAS, Paul W. Clippinger died October 24, 2010, testate; and WHEREAS, Letters Testamentary were granted to Royd Keys and Bonita K. Ocker on October 28, 2010, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Paul W. Clippinger have been liquidated or distributed and all his debts paid in full; and WHEREAS, the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Co-Executors, the said party hereto WEIGLE 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 (� desires to waive the duty of the Co-Executors to file a First and Final Account with Proposed Schedule of Distribution for purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desires that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the party hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of his distributive share as therein shown, does bind himself to the said Distribution and Accounting as set forth and further mutually releases Royd Keys and Bonita K. Ocker, Co-Executors, from all claims and demands whatsoever arising out of settlement of the Estate of Paul W. Clippinger. The party hereto does further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, he does hereby covenant and agree with the aforesaid personal representatives that he will contribute pro rata his share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid personal representatives after the signing, sealing and delivery of this family settlement agreement and final release. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257-1397 IN WITNESS WHEREOF, the party has hereunto set his hand and seal the day and year first above written. WITNESS: /�L�y{ 1 1 (SEAL) Roy Keys STATE OF FLORIDA n SS COUNTY OF 'O� V Q.�/ On this, the q day of �� 2014, before me, the undersigned officer, personally appeared ROYD KEYS, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ✓,'r$"•., JENNIFER RENEE JAMES " (SEAL) Commission#FF 124649 s• �z Expires May 20,2018 •ERR, BadedTr+v Troy Ftln lnurome6903B5]01V WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17 2 5 7-13 9 7 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-10-1077 Estate of Paul W. Clippinger, Deceased 122 West King Street, Shippensburg Borough, Cumberland County First and Final Account Royd Keys and Bonita K. Ocker, Executors Date of Death: 1 012412 01 0 Date of Incapacity, if any: None Date of Executors'Appointment: 10/.28/2010 Date of First Complete Advertisement: 11/1912010 Accounting for the period: 1 012412 01 0 to 07/1512014 Purpose of Account: Royd Keys and Bonita K. Ocker, Executors, offer this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A.Weigle Esquire Weigle&Associates, P.C. 126 East King Street Shippensburg, PA 17257 7171532-7388 Supreme Court I.D. No.01624 SUMMARY OF ACCOUNT Estate of Paul W. Clippinger, Deceased For the period of October 24 2010 through July 15 2014 Fiduciary Current Acquisition Proposed Distributions PAGES Value Value to Beneficiaries 18 42,207.43 42,207.43 PRINCIPAL Receipts: This Account 3 -4 261,500.28 Net Gain (or Loss) on Sales or Other Dispositions 5 -2,446.18 259,054.10 Less Disbursements: Debts of Decedent 6 515.59 Funeral Expenses 6 10,660.55 Administration Expenses 6 -8 14,254.16 Federal, State & Local Taxes 8 9,657.05 Commissions 8 11,138.00 Fees 8 11,887.00 Family Exemption 0.00 58,112.35 Balance Before Distributions 200,941.75 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 9 -10 159,480.67 Principal Balance on Hand 11 41,461.08 For Information: Investments Made Changes in Holdings 12 INCOME Receipts This Account 13 - 14 772.35 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 772.35 Less Disbursements 15 26.00 Balance Before Distributions 746.35 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 16 746.35 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 17 42,207.43 Signature 19 Verification 20 - 2 - SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash Cumberland Valley Cooperative Association -three 30.00 (3)shares Preferred Stock redeemed 1-6-11 Gross Proceeds of Public Sale-Personal Property 19,685.25 and 1993 Oldsmobile M&T Bank Certificate of Deposit 4397409 25.000.00 Accrued interest on above item through date of death 60.18 M&T Checking Account 97168068 17,945.61 Accrued interest on above item through date of death 0.01 Orrstown Bank Certificate of Deposit 20044501 15,000.00 Accrued interest on above item through date of death 164.46 Orrstown Bank Certificate of Deposit 32738449 5.500.00 Accrued interest on above item through date of death 609.41 Orrstown Bank Checking Account 519715 2,290.51 Orrstown Bank Savings Account 784591 4,460.70 Accrued interest on above item through date of death 0.34 Total Cash 90,746.47 Personal Property 1937 Buick Coupe 3,650.00 1948 John Deere Tractor-proceeds of sale 1-5-11 3,000.00 Gold Plated Pocket Watch 150.00 Grain Painted Corner Cupboard 1,200.00 Three-Drawer Blanket Chest 500.00 Total Personal Property 8,500.00 Ron in U.S.Savings Bond-Series EE$50.00 face 94.60 Total Bonds 94.60 Real Estate Real Estate in Letterkenny Township, Franklin 50,000.00 County, PA-(appraised at$52,000)sold to Robert E. Miller,Sr. 3-16-11 for agreed price of$50,000 - 3 - SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value Real Estate in Lurgan Township, Franklin County, PA 46,000.00 -(appraised at$54,000)Sold under Installment Agreement of Sale dated 3-1-11 to Michael C. Miller for agreed price of$50,000 less$4,000 credit under Will,gross proceeds of$46,000, paid off in full 3-18 -2014 Residence at 122 West King Street, Borough of 65,000.00 Shippensburg, -Cumberland County, PA-sold 2-21 -2011 Total Real Estate 161,000.00 Total Receipts 260,341.07 Subsequent Principal Receipts 12/0212010 AARP-membership refund at cancellation 16.00 12/20/2010 Adams Electric-patronage refund 28.32 01/17/2014 Adams Electric-patronage refund 30.61 11/17/2010 Capital Blue Cross-refund at cancellation 267.30 03/14/2011 Erie Insurance Group-auto premium refund at 159.00 cancellation 04/16/2013 Ludwick Eye Center-refund 35.00 11/15/2011 Michael C. Miller-late fees paid on installment sale 200.00 payments 0 212 212 01 1 School Tax Proration at real estate settlement 305.98 03/10/2011 Tuscarora Wayne Insurance Company-homeowner's 117.00 refund Total Subsequent Principal Receipts 1,159.21 Total Adjustments and Subsequent Receipts 1,159.21 Total Receipts of Principal 261,500.26 - 4 - SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS - PRINCIPAL 9AW Loss 03/01/2011 1937 Buick Coupe Net Proceeds 1,200.00 Fiduciary Acquisition Value -3,650.00 -2,450.00 09/2912011 U.S. Savings Bond-liquidation proceeds Net Proceeds 98,42 Fiduciary Acquisition Value -94.60 3.82 TOTAL GAINS AND LOSSES/PRINCIPAL 3.82 LESS LOSS -2,450.00 NET GAIN OR LOSS -2,446.18 - 5 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 11/0312010 Department of Veterans Affairs-medical service prior 54.00 to date of death 11/0312010 Weigle&Associates, P.C.-outstanding billing at date 112.50 of death 11/2312010 Department of Veterans Affairs-medical service prior 27.00 to date of death 11/30/2010 South Mountain Volunteer Fire&Ambulance 82.50 0110412011 Borough ofShippensburg 131.75 0 212 312 01 1 Borough of Shippensburg 107.84 Total Debts of Decedent 515.59 Funeral Expenses 12/2312010 Fogelsanger-Bricker Funeral Home 10,660.55 Total Funeral Expenses 10,660.55 Administration Expenses 11/0312010 Cumberland Law Journal-advertising Letters 75.00 Testamentary 11/03/2010 Register of Wills,Cumberland County-Letters 373.50 Testamentary and Short Certificates 1110312010 Terry L. Shetter-appraisal of personal property 50.00 11/0412010 Erie Insurance Group-auto premium 316.00 11/0912010 Penelec 61.35 11/2312010 Century Link 0.77 11/30/2010 Timmons Oil,Inc. 276.00 1210912010 Penelec 17.93 1211412010 News Chronicle-advertising Letters Testamentary 121.25 12/2312010 Timmons Oil, Inc. 286.00 01/04/2011 Ausherman Brothers Real Estate -appraisal fee 475.00 01104/2011 Timmons Oil, Inc. 303.00 - 6 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 01/05/2011 Tim's Heating Service 50.00 01/06/2011 Michael C. Miller-repairs to tractor prior to sale 1,000.00 01/11/2011 Penelec 23.40 01111/2011 Timmons Oil, Inc. 454.50 01131/2011 Belle Jewelers-appraisal of pocket watch 37.10 01/31/2011 Timmons Oil, Inc. 469.50 02/08/2011 Penelec 22.89 02/16/2011 Timmons Oil, Inc. 161.00 02/1712011 Register of Wills, Cumberland County-Short 4.00 Certificate 02/1912011 Expenses of Public Sale 5,221.31 02/21/2011 Tom Cutler-trash removal from residence 600.00 02/22/2011 Bonnie Ocker-reimbursement for batteries for 105.99 tractor and 1993 Oldsmobile prior to sale 02/22/2011 Real Estate Settlement Expenses-122 West King 949.68 Street, Cumberland County, including Attorney Fees- $235.00; Realty Transfer Tax-$650.00;and County Tax Proration-$64.68 02/22/2011 Register of Wills,Cumberland County-Short 4.00 Certificate 03/15/2011 Penelec 21.08 03/16/2011 Real Estate Settlement Expense-sale of Letterkenny 150.00 Township real estate,document preparation 06115/2011 Register of Wills,Cumberland County-filing PA 15.00 Inheritance Tax Return 08/2212011 PA Department of Revenue-1%realty transfer tax on 523.04 sale to Robert E. Miller,Sr. 10/04/2011 M&T Bank-estate checks 10.87 06117/2014 Real Estate Settlement Expense-sale of Lurgan 1,070.00 Township real estate,document preparation and realty transfer tax 07/10/2014 Linda K. Klein -notary fee 55.00 0 7/1 012 01 4 Register of Wills, Cumberland County-filing Family 100.00 Settlement Agreement 07/1012014 Weigle&Associates, P.C. -reimbursement for 100.00 postage,xerox copies,and long distance telephone calls - 7 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 07/10/2014 Weigle&Associates, P.C. -payment of invoice dated 750.00 7-10-14 for additional attorney fee the past three years involving Mike Miller collection matter, collecting and depositing monthly payments,and reconciling monthly bank statements Total Miscellaneous Administrative Exoenses 14,254.16 Federal. State. and Local Taxes 01/17/2011 Register of Wills,Cumberland County-PA 9,000.00 inheritance tax payment at discount 06/1512011 Register of Wills, Cumberland County-PA 657.05 inheritance tax balance due Total Taxes 9,657.05 Commissions 09/27/2011 Bonita K. Ocker 5,569.00 09/2712011 Royd Keys 5,569.00 Total Commissions 11.138.00 Fees 11/18/2010 Weigle&Associates, P.C. 2,000.00 01/13/2011 Weigle&Associates, P.C. 2,000.00 02123/2011 Weigle&Associates, P.C. 2,000.00 03/17/2011 Weigle&Associates, P.C. 3,000.00 04/2812011 Weigle&Associates, P.C. 1,000.00 0912212011 Weigle&Associates, P.C. -balance 1,887.00 Total Fees 11,887.00 TOTAL DISBURSEMENTS OF PRINCIPAL 58.112.35 - 8 - SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Bonita K. Ocker 10/04/2011 Specific Bequest-CASH 16,947.23 16,947.23 Everett L. Miller, Jr. 10104/2011 Specific Bequest-CASH 1,947.24 1,947.24 Jeffrey A. Miller 10/04/2011 Specific Bequest-CASH 1,947.24 1,947.24 Lynn Conover a/kla Johnna Lynn Conover 10/24/2010 Grain Painted Corner Cupboard -Specific Bequest 1.200.00 1,200.00 Michael C. Miller 10/04/2011 Specific Bequest-CASH 1,947.24 1.947.24 Pamela J. Pevahouse 10/04/2011 Specific Bequest-CASH 1,947.24 1,947.24 Robert E. Miller. Sr. 10/04/2011 Specific Bequest-CASH 1,947.24 - 9 - SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Continued 1,947.24 Royd Keys 10/24/2010 Three-Drawer Blanket Chest-Specific Bequest 500.00 02/2412011 Gold Plated Pocket Watch-In Kind 150.00 11103/2011 Partial Distribution -CASH 129,000.00 129.650.00 Teresa A. Clough 10/04/2011 Specific Bequest-CASH 1,947.24 1,947.24 TOTAL DISTRIBUTIONS TO BENEFICIARIES 159,480.67 - 10 - PRINCIPAL BALANCE ON HAND Current Value Fiduciary 07/15/2014 Acquisition # Units Description or as Noted Value [each Estate Checking Account 41,461.06 41,461.08 Total Cash 41,461.08 41,461.08 41,461.08 41,461.08 - 11 - SCHEDULEF CHANGES IN PRINCIPAL HOLDINGS # Units cost 1937 Buick Coupe 10/24/2010 Inventoried 3.650.00 03/01/2011 Sold -3,650.00 0.00 Gold Plated Pocket Watch 10124/2010 Inventoried 150.00 02124/2011 Distributed -150.00 0.00 Grain Painted Corner Cu by oard 10/24/2010 Inventoried 1,200.00 10/2412010 Distributed -1,200.00 0.00 Three-Drawer Blanket Chest 10124/2010 Inventoried 500.00 1 0124/2 01 0 Distributed -500.00 0.00 U. S. Savings Bond 1 012 412 01 0 Inventoried 94.60 09129/2011 - Sold -94.60 0.00 Total 0.00 - 12 - SCHEDULE G RECEIPTS OF INCOME Interest/Bank M &T Bank Certificate of Deposit 4397409 1213112010 34.52 06/30/2011 93.15 07118/2011 9.25 09130/2011 17.75 154.67 M&T Bank Estate Checking Account 1213112010 2010 interest 0.36 12/31/2011 2011 interest 8.59 12131/2012 2012 interest 0.64 12/31/2013 2013 interest 1.23 06/27/2014 2014 interest 1.59 12.41 M &T Checking Account 97168068 1 012 8/2 01 0 interest date of death to closing 0.02 0.02 Orrstown Bank Certificate f Deposit 20044501 12/0812010 53.64 0610812011 216.90 09/29/2011 final interest at closing 134.67 405.21 Orrstown Bank Certificate of Deposit 32738449 0 9/2 912 01 1 final interest at closing 199.81 199.81 - 13 - SCHEDULE G RECEIPTS OF INCOME Continued Orrstown Bank Savings Account 784591 10/30/2010 interest date of death to closing 0.23 0.23 TOTAL BANK INTEREST 772.35 TOTAL RECEIPTS OF INCOME 772.35 - 14 - SCHEDULEI DISBURSEMENTS - INCOME Expense / INCOME 0 310 8/2 01 1 PA Department of Revenue-2010 PA41 fiduciary 6.00 income tax 02/29/2012 PA Department of Revenue-2011 PA 41 fiduciary 20.00 income tax TOTAL DISBURSEMENTS OF INCOME 26.00 - 15 - INCOME BALANCE ON HAND Current Value Fiduciary 07/15/2014 Acquisition # Units Description or as Noted Value Casb Estate Checking Account 746.35 746.35 Total Cash 746.35 746.35 746.35 746.35 - 16 - COMBINED BALANCE ON HAND Current Value Fiduciary 07/1512014 Acquisition # Units Description or as Noted Value .ash Estate Checking Account 42,207.43 42,207.43 Total Cash 42,207.43 42,207.43 42,207.43 42,207.43 - 17 - PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 07115/2014 Acquisition or as noted Value TO: Royd Keys Residuary-CASH 42,207.43 42,207.43 42,207.43 42,207.43 Total 42,207.43 42,207.43 - 18 - In the Court of Common.Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-10-1077 Estate of Paul W. Clippinger, Deceased Signatures Royd Key , Co-Executor AND Bonita K. Ocker, Co-Executor - 19 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-10-1077 Estate of Paul W. Clippinger, Deceased Verification Royd Keys and Bonita K. Ocker, Executors under the Last Will and Testament of Paul W. Clippinger, Deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full;that,to his/her knowledge,there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the foregoing Account. This statement is made subject to penalties of 18 Pa.C.S.A.Section 4904 relating to unsworn falsification to authorities. Dated: 7' ',j . / / Royd Keys, o-Executor � Dated, 1'� f L! `�f 1 , ' 2 t � Bonita K. Ocker, Co-Executor - 20 -