The URL can be used to link to this page

Home My WebLink About05-14-07 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF FRED BITTNER, DECEASED FILE NO. 2006-00258 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between KIMBERLY A. CASSELBERRY, as Executrix of the Estate of FRED BITTNER, Deceased, and KIMBERLY A. CASSELBERRY and CAROL M. LAMBERT, individually. WHEREAS, FRED BITTNER, late of Lower Allen Township, Cumberland County, Pennsylvania, died testate on March 19,2006, having first made his Last Will and Testament dated October 23,2003, which instrument was admitted to probate and is recorded in Cumberland County, Register of Wills, File No. 2006-00258; WHEREAS, KIMBERLY A. CASSELBERRY has been duly appointed as Executrix of the Estate of Fred Bittner, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Fred Bittner, Deceased, are: 1. Kimberly A. Casselberry, daughter 2. Carol M. Lambert, daughter C' > r'.....; WHEREAS, KIMBERLY A. CASSELBERRY and CAROL M. LAMBERT are~' entitled to equal shares of the residuary estate; I..:~) Page 1 of5 0./ WHEREAS, each of the parties to this Agreement have been furnished with a complete Statement of Account as attached hereto and marked as Exhibit A; WHEREAS, it is the desire of the parties to this Agreement that administration of this estate be completed and 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; NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. KIMBERLY A. CASSELBERRY, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her 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 Executrix, KIMBERLY A. CASSELBERRY, her heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Fred Bittner, Deceased. 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. Page 2 of5 3. Each ofthe parties does hereby acknowledge receipt of the assets described on the distribution schedule. 4. Each ofthe parties 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. 5. Each ofthe parties do further agree with each other and the aforesaid Executrix that should any liability come due to the estate of the said decedent after the signing of this Agreement, each will contribute pro rata 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 Executrix after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 3 of5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this / /~ day of 8t1ober , 2006. WITNESS: ,:fkvkL Y- ~aAL ~(/'~dU4<~ KIMBERL ~. CASSELBERRY, Execu 'x and Beneficiary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the / / day of Oef()her , 2006 before me, a Notary Public, the undersigned officer, personally appeared KIMBERLY A. CASSELBERRY, 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. &CLuJcLl( ~~ Notary Public NOTARIAl SEAL fIULA Il WHITE, NOTARY PU8UC lOWER PAXTON TWP., DAUPHIN COUNlY IV COMMISSION EXPIRES APRIL 5 2001 Page 4 of5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of September, 2006. WITNESS: ~da, t ;,{raJci: COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the 20th day of September, 2006 before me, a Notary Public, the undersigned officer, personally appeared CAROL M. LAMBERT, 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. MONWEALlM OF mfNSTlVANIA NOTARIAL SEAL JACQUEUfCE A.1lEIU NOTARY PUBLIC UlWER PAXTON TWP., DAUPHIN COONlY MY COMMISSION EXPIRES DEC. 11 2001 Page 5 of5 ESTATE OF FRED BITTNER DATE OF DEATH MARCH 19, 2006 SUMMARY STATEMENT OF ACCOUNT Assets - Schedule A $ 256,151.05 Income - Schedule B $ 4,056.88 Disbursements - Schedule C $ (72,956.65) Assets Available for Distribution $ 187,251.28 Distributions to Beneficiaries - Schedule D $ 160,000.00 Balance reserved for contingencies* $ 27,251.28 *The reserve balance may 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 payment of any additional obligations. After final distributions are made, the residuary beneficiaries agree to pay further liabilities of the decedent in the future. Period 3/19/2006-9/12/2006 Exhibit A ESTATE OF FRED BITTNER ASSETS SCHEDULE A DESCRIPTION CASH Members 1st Federal Credit Union; Savings 23914-00 Members 1st Federal Credit Union; Money Management 23914-05 Members 1st Federal Credit Union; Certificate of Deposit 23914-41 Members 1st Federal Credit Union; Certificate of Deposit 23914-46 PNC Bank; Checking 5140004815 PNC Bank; Certificate of Deposit 31200263463 LIFE INSURANCE New Cumberland Federal Credit Union; estate beneficiary SECURITIES/BONDS United States Savings Bonds, Series HH--Quantity 4 United States Savings Bonds, Series E--Quantity 82 United States Savings Bonds, Series E--Quantity 122 OTHER The Patriot-News; subscription refund PA Department of Revenue; 2005 PA-40 overpayment refund State Farm; renters policy cancellation refund Asbury Communities Inc; Bethany Village refund United States Treasury; 2005 1040 overpayment refund Period 3/19/2006-9/12/2006 VALUE AT DATE OF DEATH $ $ $ $ $ $ 9,177.80 25,453.01 26,145.61 48,179.94 16,481.66 15,543.77 $ 12.69 $ $ $ 17,000.00 42,063.32 50,977.86 $ 19.30 $ 1,391.00 $ 65.04 $ 990.05 $ 2,650.00 $ 256,151.05 ESTATE OF FRED BITINER INCOME SCHEDULE B DESCRIPTION Interest Income Members 1 st; from death to liquidation PNC Bank; from death to liquidation US Savings Bonds; from death to liquidation Citizens Bank; estate account interest through 8/31/06 Period 3/19/2006-9/12/2006 $ 92.79 $ 12.55 $ 120.10 $ 3,831 .44 $ 4,056.88 ESTATE OF FRED BITTNER DISBURSEMENTS SCHEDULE C DESCRIPTION CATEGORY AMOUNT Hetrick Funeral Home Inc Funeral $ 7,792.40 Funeral repast Funeral $ 609.50 Register of Wills, Cumberland Co; probate fees Adm $ 415.00 The Patriot-News; legal advertising Adm $ 264.60 Cumberland Law Journal; legal advertising Adm $ 75.00 Kimerly A Casselberry; executrix commission/fee Adm $ 11,458.00 Jan L Brown & Associates; legal fee Adm $ 8,458.00 Parks & Company; accountant fee Adm $ 1,000.00 Priority mail Adm $ 5.00 Check 2567 cashed after death Debt $ 176.00 Check 2568 cashed after death Debt $ 645.00 Check 2569 cashed after death Debt $ 3,948.00 Check 2570 cashed after death Debt $ 9.80 VISA Debt $ 51.91 United States Treasury; 2004 income tax liability Debt $ 3,334.00 Alert Pharmacy Svs Inc Debt $ 248.03 Mobile X-Ray Imaging Inc Debt $ 33.02 United States Treasury; 2006 income tax liability (estimate) Debt $ 25,000.00 PA Dept of Revenue; 2006 income tax liability (estimate) Debt $ 100.00 PA Inheritance Tax Tax $ 9,333.39 $ 72,956.65 Period 3/19/2006-9/12/2006 ESTATE OF FRED BITTNER DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED OCTOBER 23, 2003 SCHEDULE D Carol M Lambert, daughter, 50% residuary estate Cash distribution on 9/20/2006 Kimberly A Casselberry, daughter, 50% residuary estate Cash distribution on or after 9/20/2006 $ 80,000.00 $ 80,000.00 $160,000.00 Period 3/19/2006-9/12/2006 JAN L. BROWN, ESQUIRE' JACQUELINE A. KELLY, ESQUIRE "ADMITTED IN PA AND DISTRICT OF COLUMBIA JAN L. BROWN & ASSOCIATES ATTORNEYS AND COUNSELORS AT LAW OLOE ENGLISH GAP 845 SIR THOMAS COURT SUITE 12 HARRISBURG, PA 17109 EMAIL jlbassoc@verizon.net www.janbrownlaw.com TELEPHONE (717) 541-5550 FACSIMILE (717) 541-9223 BRENDA F. KEPHART, LEGAL ASSISTANT PAULA K. WHITE, LEGAL ASSISTANT JUDITH A. EBERSOLE, ADMINISTRATIVE ASSISTANT May 10, 2007 Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Estate of Fred Bittner File No. 2006-00258 Gentlemen or Ladies: Enclosed please find the following items for filing with the Register of Wills/Clerk of the Orphans' Court: 1. Family Settlement Agreement together with a check in the amount of $20 to cover the filing fee. 2. Status Report Under Rule 6.12 stating that administration ofthe estate is complete. Please time stamp and return our file copies of these documents. A returiLenYelopej~ provided. i ._, If you have any questions, feel free to contact this office. Sincerely, ~d~ 1~cVJ; Brenda F. Kephart Legal Assistant \..-' bfk Enclosure