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Home My WebLink About05-23-06 CLECKNER AND FEAREN ATTORNEYS AT LAW 119 LOCUST STREET P.O. BOX 11847 HARRISBURG, PENNSYLVANIA 17108-1847 TELEPHONE: (717) 238-1731 FAX: (717) 238-8481 RICHARD W. CLECKNER (1926 - 2004J RETIRED: WILLIAM FEAREN ROBERT D. HANSON DENNIS J. SHATTO ANN E. RHOADS May 22, 2006 Office of the Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Estate of Richard W. Cleckner No. 2005-00040 Dear Ladies and Gentlemen: I enclose the following for filing in the above-referenced estate: (1) Original and one (1) copy of Family Agreement; (2) Check in the amount of $20.00 for filing fee; and (3) Original and one (1) copy of Status Report Under Rule 612. Please date-stamp the extra copies and return them to me in the self-address, stamped envelope provided. Thank you. Very truly yours, CLECKNER AND FEAREN .~f'---,. Ann E. Rhoads AER : j at Enclosures cc: Margaret D. Cleckner, Executrix (w/encl.) Richard W. Cleckner, Jr. (w/encl.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF ORPHANS' COURT DIVISION RICHARD W. CLECKNER, NO. 2005-00040 DECEASED AGREEMENT TO INDEMNIFY, RECEIPT AND RELEASE Filed on behalf of: MARGARET D. CLECKNER, Executrix of the Estate of Richard W. Cleckner, Deceased CLECKNER AND FEAREN Ann E. Rhoads, Esquire 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 717-238-1731 AGREEMENT TO INDEMNIFY, RECEIPT AND RELEASE THIS AGREEMENT, entered into this Z2~~ay of May, 2006, by and between MARGARET D. CLECKNER, individually and as Executrix of the Estate of Richard w. Cleckner, Deceased, and RICHARD W. CLECKNER, JR. WHEREAS, Richard W. Cleckner, late of East Pennsboro Township, Cumberland County, Pennsylvania, died December 24, 2004, having left his Last will and Testament dated June 19, 2002, which was duly admitted to probate by the Register of Wills of Cumberland County at the above number and termj and WHEREAS, Margaret D. Cleckner was duly appointed as Executrix of the Estate of Richard W. Cleckner, Deceased, on January 14, 2005j and WHEREAS, the parties in interest under the Last will and Testament of Richard W. Cleckner, Deceased, are: (1) Margaret D. Cleckner - Wife (2) Richard W. Cleckner, Jr. - Sonj and WHEREAS, the bequests to the above-named persons by Richard W. Cleckner in his Last will and Testament were, in pertinent part as follows: ITEM III: I give, devise and bequeath unto my wife, MARGARET D. CLECKNER, if she survives me, the smallest fractional share of my estate required to reduce to a minimum or to zero the Federal Estate Tax liability of my 1 estate after taking into account all other items includable in my gross estate for Federal Estate Tax purposes whether or not such items pass under this Will. . . . ITEM IV: If I am survived by my wife, MARGARET D. CLECKNER, I give, devise and bequeath all the rest, residue and remainder of my estate unto MARGARET D. CLECKNER and RICHARD W. CLECKNER, JR., in trust, for the benefit of my wife, MARGARET D. CLECKNER.... D. Upon the death of my wife, the trust shall terminate and the remaining Trustee shall distribute the principal and all accumulated income to my son, RICHARD W. CLECKNER, JR., free of t ru st. . . .; and WHEREAS, Margaret D. Cleckner has disclaimed her interest under ITEM IV of the will and as a result thereof, the portion of the estate which passes under ITEM IV of the will goes to Richard w. Cleckner, Jr., outright; and WHEREAS, the fractional share of each beneficiary to the estate as established by its death tax returns is: A. Margaret D. Cleckner - .392 B. Richard W. Cleckner, Jr. - .608; and WHEREAS, each of the parties to this Agreement has been furnished with complete information concerning the assets, receipts and disbursements of the Estate of Richard W. Cleckner; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphan's Court Division of the Court of 2 Common Pleas of Cumberland County, Pennsylvania, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting. NOW, THEREFORE, in consideration of the mutual promises I covenants and agreements recited herein and with the intention to be legally bound, the parties do agree as follows: 1. Richard W. Cleckner, Jr. hereby acknowledges receipt of the following which constitute full and final paYment of his .608 share of the assets and income of the Estate of Richard W. Cleckner. Asset Value A. Partnership interest in Cleckner Properties $ 750.00 B. Treasury Notes $623,011.57 C. Assets held at Morgan Stanley transferred to Account No. 410-053974-0 $104,877.76 D. Assets held at Morgan Stanley transferred to Account No. 410-053973-0 $250,240.46 E. Cash TOTAL $180,000.00 $ 1,158,879.79 2. The parties agree that all other assets and income of the Estate of Richard W. Cleckner pass to Margaret D. Cleckner under ITEM III of the Will. 3. Each of the parties to this Agreement does hereby release and forever discharge Margaret D. Cleckner, individually, and as Executrix from any and all liability which may arise from time to 3 time In connection with services as Executrix of the Estate of Richard W. Cleckner, Deceased. The parties do further agree to indemnify and hold harmless said Margaret D. Cleckner from any and all liability which may arise against the estate from creditors or other claimants. 4. 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. WITNESS: ~~.~~ <~ :i . .410c~ ~l).~ MARG T D. CLECKNER, Individually and as Executrix of the Estate of Richard W. Cleckner, Deceased ;a 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF IJaJ..;JhJYJ SS On this, the Z2,'l".{ day of Il7t'~ ,2006, before me, a Notary Public, the--llndersigned 0 ficer, personally appeared MARGARET D. CLECKNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ;/, . I /," 7</ t, ~. . '\ '<.."//'1. (/(. /("/t-' 'I..-Ji ' Notliry Public COMMONW&:AI..TH or ,.Ie;NNliIYLVANIA NOT ARIAL SEAL JENNY A TOBIAS, Notary Public City of Harnsburg Dauphin Cou~ty , * * * * * * * * * '- My C~~~ion ~2<.ttr.~sl!?~:~,2'.~~J COMMONWEALTH OF PENNSYLVANIA COUNTY OF I) tt 1-';// ! .-"7 SS On this, the 22,1';,{ day of 1}-ILI 2006, before me, a Notary Public, the undersigned offic~, personally appeared RICHARD W. CLECKNER, JR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing document and acknowledged that he executed the same of the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. 1-1 ' ':::fi:?/')/)y' /J'~ /7iLt-t?J Notary Public COMMONwC:Al..fi'j elF ('ENNSYLVANIA I NOTARiAL SEAL I ' JENNY A TOBiAS, Notary Public 'I I City of Harnsburg Dauphm County L My Commi.~~~~~.~2<I~r'?_s ~~:",2ry.~5, 2oo.!...." 5 PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE EST ATE. IF EST A TE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY UNTIL COMPLETION STATUS REPORT UNDER RULE 6.12 Name of Decedent: RICHARD W. CLECKNER Date of Death: December 24, 2004 Will No.: Admin. No.: 2005 - 00040 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: 3. If the answer to No. 1 is yes, state the following: A. Did the personal representative file a fmal account with the court? Yes No x B. The separate Orphans' Court No. (if any) for the personal representative's account IS: C. Did the personal representative state an account informally to the parties in interest? Yes X 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 attached to this report. ~ '//'1 _ a ):')~ Date \.I.. 0 ;;).~ o-o::J \. Ann E. Rhoads, Esquire Name (Please type or print) 119 Locust street Harrisburq, PA 17101 Address (MAH:rmt/ AM3) 717-238-1731 Telephone No. 7') , (,.. '..: ~ ,-,' Capacity: Personal Representative :"'.) X Counsel for Personal Representative R.W. - 27 (J)