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Home My WebLink About04-24-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF EVA I. BROWN, DECEASED FILE NO. 2106-0998 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between BYRON E. BROWN, individually and as Executor of the Estate ofEV A I. BROWN, Deceased, and KATHLEEN L. KLAWITTER, KAREN B. HOLTZMAN and SHARON A. PRICE, individually. WHEREAS, EVA I. BROWN, late of Cumberland County, Pennsylvania, died testate on November 4, 2006; having first made her Last Will and Testament dated June 20, 2006, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2106-0998; WHEREAS, BYRON E. BROWN has been duly appointed as Executor of the Estate of Eva I. Brown, Deceased, and "-LJ WHEREAS, the parties in interest are: i) (") ~_'1- J , c C__J :; -_J 1. Byron E. Brown, son; ~ -.,""' ,; :. .J r',) 2. Kathleen L. Klawitter, daughter; ,-, 3. Karen B. Holtzman, daughter; and -~~ 4. Sharon A. Price, daughter (-;.") WHEREAS, BYRON E. BROWN, KATHLEEN L. KLAWITTER, KAREN B. HOLTZMAN, and SHARON A. PRICE are each entitled to one-fourth (1/4) of the residuary property; 1 J WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. BYRON E. BROWN, Executor, does hereby state that he has fully and faithfully discharged the duties of his office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. He further states that all known claims against the Estate have been paid in full, and to the best of his knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executor, BYRON E. BROWN, his heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JACQUELINE A. KELLY, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executor and Attorneys of the Estate of Eva I. Brown. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the Estate from creditors or claimants. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 2 4. Each of the parties acknowledges that the terms of this Agreement shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each ofthe parties do further agree with each other and the aforesaid Executor that should any liability come due to the Estate of the said decedent after the signing of this Agreement, each will contribute pro rata his/her 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 Executor after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal this f ~ay of ~,2007 WITNESS: ~a-~ &~r:~ BYR N E. BRO , Executor and BenefiCIary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the ~ day of Apr;( ,2007 before me, a Notary Public, . . the undersigned officer, personally appeared BYRON E. BROWN known to me/or satlsfactonly 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. ~i MA1 {L kt~ ot Public ~ ~M~lmOF~~~N~ NOTARIAL SEAL JACQUELINE A. KELLY. NOTARY PUBLIC LOWER PAXTON TWP.. DAUPHIN COUNlY MY COMMISSION EXPIRES DEC.l], 2007 3 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1 ~y of Ap'f,l ,2007. WITNESS: ~u~~ a kt~ j{tWllu)i.~~~ KATHLEEN L. KLAWITTER, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~\V.l\.. SS: On this the A~y of ~ r: I , 2007 before me, a Notary Public, the undersigned officer, personally ap eared KATHLEEN L. KLAWITTER known to me/or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~4.~ t ublic COMMONWEALTH OF PENHSYlVANlA NOTARIAL SEAL JACQUELINE A. KElLY, NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNlY MY COMMISSION EXPIRES DEC. 17,2007 4 n.f,... ~I~ESS WHEREOF, I have hereunto set my hand and seal this ~day of ~ ,2007. WITNESS: (1~~~ \::: - G.- ,,~ ~ \.~~ ~ '13~J N B. HOLTZMA , BeneficIary COMMONWEALTH OF PENNSYLVANIA COUNTY O~ f\.\.,)~ ~-~ SS: On this the fkJ~ day of A~ . 2007 before me, a Notary Public, the undersigned officer, personally appeared KAREN B. HOLTZMAN known to me/or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~. otaryp.c .~ ' NOTARIAL SEAL CARRIE JEAN SINGER, NOTARY PUBLIC LOWER PAXTON TWP.. DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 7,2010 5 tJi- IN WITNESS WHEREOF, I have hereunto set my hand and seal this l.:i day of A()(( l ,2007. WITNESS: < tcr<<~ ~. kP 2~ /J~ (j iL- SHARON A. PRICE, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF I)n \If ru:l\ SS: On this the J qYk day of A?r; l , 2007 before me, a Notary Public, the undersigned officer, personally appeared SHARON A. PRICE known to me/or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~a~ COMMOMWEAl11i Of PENNmVMlA N01ARIAl SEAl JACQUElINE A. KELLY, NOlAftY pUco~~ lOWER PAXTON lWP.. DAUPHIN MY COMMISSION EXPIRES DEC.U, 2001 6 ESTATE OF EVA I. BROWN DATE OF DEATH DEATH NOVEMBER 4, 2006 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 11/4/2006-2/28/2007 Assets - Schedule A $ 88,468.48 Income - Schedule B $ 197.50 Disbursements - Schedule C $ (25,640.46) Assets Available for Distribution $ 63,025.52 Distributions to Beneficiaries - Schedule D $ 59,025.52 Balance reserved for contingencies 1 $ 4,000.00 1The reserve balance will increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary beneficiaries after applicable adjustments. After final distribution is made, the residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. 4/16/2007 Exhibit A ESTATE OF EVA I. BROWN DATE OF DEATH NOVEMBER 4, 2006 ASSETS SCHEDULE A DESCRIPTION CASH Fulton Bank Checking 1068-52937 Fulton Bank CD 022-0245748 PSECU Checking 0182166317-S01 PSECU CD 0182166317-S50 ANNUITY Transamerica Annuity contract 26155415; estate beneficiary LIFE INSURANCE Thrivent life insurance; estate beneficiary OTHER Transamerica Life Insurance Company; interest check dated 10/24/06 State Employees' Retirement System; November 2006 pension UGI; refund check Verizon; refund check US Treasury; 2006 income tax refund Household items and furniture--no material value ($500 value used for Inheritance Tax purposes) VALUE AT DATE OF DEATH $ $ $ $ 5,291.14 10,072.95 10,530.27 16,835.87 $ 35,556.41 $ 9,130.20 $ $ $ $ $ $ 574.16 149.27 73.82 2.39 252.00 $ 88,468.48 4/16/2007 DESCRIPTION ESTATE OF EVA I. BROWN DATE OF DEATH NOVEMBER 4, 2006 INCOME SCHEDULE B Interest Income 4/16/2007 Fulton Bank Checking 1068-52937 Fulton Bank CD 022-0245748 PSECU Checking PSECU CD Transamerica Annuity 26155415 TOTAL INCOME $ $ $ $ $ $ 1.74 14.43 6.08 38.33 136.92 197.50 ESTATE OF EVA I. BROWN DISBURSEMENTS SCHEDULE C DESCRIPTION CATEGORY AMOUNT Zimmerman Auer Funeral Home Funeral $ 7,379.20 funeral clothes Funeral $ 89.77 funeral lunch Funeral $ 287.17 Register of Wills; probate fees Adm $ 310.00 Register of Wills; inher tax and inventory filing fees Adm $ 30.00 Register of Wills; family settlement agreement filing fee Adm $ 20.00 Cumberland Law Journal; legal advertising Adm $ 75.00 The Sentinel; legal advertising Adm $ 137.03 Jan L Brown & Associates; legal fee Adm $ 5,797.00 Byron Brown and Sharon Price; family exemption Adm $ 3,500.00 Debaney & Co., P.C.; 2006 income tax prep Adm $ 200.00 Fulton Bank; estate check fee Adm $ 51.70 ChartOne, Inc.; medical records Adm $ 172.09 PPL Electric Utilities Debt $ 91.02 AT&T Debt $ 49.13 Comcast Cable Debt $ 47.82 Lowe's Debt $ 17.63 Crystal Springs Debt $ 27.56 Choice VISA Debt $ 1,035.22 Pennsylvania American Water Debt $ 58.65 East Pennsboro Township; sewer/sanitation Debt $ 115.00 United States Treasury; estimated 2006 tax payment Debt $ 150.00 Check 7319 cleared after death Debt $ 200.00 Check 7315 cleared after death Debt $ 141.00 Check 7316 cleared after death Debt $ 12.13 Check 7317 cleared after death Debt $ 156.00 Check 7318 cleared after death Debt $ 7.00 Check 7320 cleared after death Debt $ 149.07 Register of Wills, Agent; inheritance taxes Tax $ 5,334.27 $ 25,640.46 4/16/2007 ESTATE OF EVA I. BROWN DATE OF DEATH NOVEMBER 4, 2006 DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED JUNE 20,2006 SCHEDULE 0 Byron E. Brown, son, 1/4 residuary estate Cash distribution on or after 4/18/07 $ 14,756.38 Kathleen L. Klawitter, daughter, 1/4 residuary estate Cash distribution on or after 4/18/07 $ 14,756.38 Karen B. Holtzman, daughter, 1/4 residuary estate Cash distribution on or after 4/18/07 $ 14,756.38 Sharon A. Price, daughter, 1/4 residuary estate Cash distribution on or after 4/18/07 $ 14,756.38 4/16/2007 $ 59,025.52 $ 59,025.52