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Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND
COUNTY,PENNSYLVANUA
Name of Decedent: GERALDINE V. SOHMF.'R
Date of Death:
June 15, 2005
File Number: 21-05-0571
Pursuant to Pa. O.c. Rule 6.12, 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: . . . . . . . . . . . . . . . . . . .. me, DNo
2. If the answer is No, state when the personal representative
reasonably believes that the adrtrinistration will be complete:
3. lfthe answer to No.1 is YES, state the following:
a. Did the personal representative file a final. account with the Court? . . . . . .. m1 es 0 No
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account ~
..t" 11 h .., '? . -- T
lUl.Orma y to t e partIes lU mterest. ..............,.................' es
ONo
d. Copies of receipts, releases, joinders and approvals of formal or:]' rmal a
filed with the Clerk of the Orphans' Court and may be attached to is rep
S-/?9 (01 .
ounts may be
Dare
Capacity: DPersonal Representativ fE'6unsel
David C. Mason, F.!,HJll; TP
Name of Person Filing this Form
409 N. Front St., P.O. Box 28
Address
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Phi1ipsburg, PA 16866
(814) 342-2240
Telephone
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Form RloV-IO rev 10.13.06
19^-
SAMUEL 1. ANDES
CERTIFIED COPY
. ATTORNEY AT LAW
525 NORTH. 1" r..e.Yi'H STREET
P. O. BOX 1GB
ATTORNEY FOR
LEMOYNE, PENNSYLVANIA 17043
IN THE MATTER OF THE ESTATE OF
GERALDINE V. SOHMER, deceased
)
)
)
)
)
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY , PENNSYLVANIA
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ORDER OF COURT -J C.J
AND NOWtbis adU dayof GcLF~ ,200~~~th;Oint~~
motion of Nancy R. Carberry and Paul E. Sohmer, by their respective counsel: it appe~g tha/~:~
they are the only heirs of the estate and they having represented to the Court that all debts and
obligations of the estate or the decedent, including any taxes, have been paid, and it further
appearing that the parties have reached an agreement to resolve all disputes raised in the
accounting filed by Nancy R. Carberry and the objections to that accounting filed by Paul E.
Sohmer, we hereby order and direct as follows:
1. The appointment of Stephen D. Tiley, Esquire, as auditor of this estate is hereby
vacated. Mr. Tiley has represented to the court that he is owed no fees for his services and so
we award no fees to him.
ORPHAN'S COURT DMSlON
STATE NO. 2h~571 ~
"C'.'c..'.] 0
.'.-) C")
2. The accounting of Nancy R. Carberry previously filed in this matter, as amended by
the Mutual General Release of All Claims dated September 27, 2006, and signed by Nancy R.
Carberry and Paul E. Sohmer is hereby confirmed and the personal representatives are released
from further obligation or liability for the performance of their services as personal
representatives of this estate.
BY THE COURT,
/5/ ~. {LI~{)lu,tf. J.
Distribution:
David C. Mason, Esquire, P.O. Box 28, Philipsburg, P~ 16866
Samuel L. And~s, Esquire, P.O. Box 168, LemQyne, PA 17043
MUTUAL GENERAL RELEASE OF ALL CLAIMS
THIS RELEASE executed this ~day of ~~ h./ ,2006, by and
between PAUL E. SOHMER, individually, in his own right, and as Co-Personal
Representative of the Estate of Geraldine V. Sohmer, deceased, Party of the First Part,
hereinafter referred to as "SOHMER",
-AND-
NANCY R. CARBERRY, individually, in her own right, and as Co-Personal
Representative of the Estate of Geraldine V. Sohmer, deceased, Party of the Second Part,
hereinafter referred to as "CARBERRY".
R E C I TAL S:
SOHMER and CARBERRY are children, legatees, and Co-Personal Representatives
of the Estate of Geraldine V. Sohmer, deceased, late of Cumberland County, Pennsylvania,
(Estate No. 21-2005-0571). CARBERRY has filed a First and Final Accounting in the
Orphans Court Division of the aforesaid Court of Common Pleas of Cumberland County, and
SOHMER has filed objections thereto. The Honorable J. Wesley Oler, Jr., has appointed
Stephen D. Tiley, Esquire, as auditor to hear the objections. The parties have reached an
accord with regard to the distribution of the estate of the deceased as further detailed herein,
a condition of which is the granting of a Mutual General Release, each to the other, as well
as all other persons, parties or entities.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions contained herein, the parties do agree as follows:
1. Nancy Carberry is willing to consent to the distribution in paragraph 7 upon receipt
of a properly executed Mutual General Release, which is the purpose of this document to
provide. In consideration of the willingness of Nancy Carberry to make distribution at the
present time, without resolving the objections raised by Paul E. Sohmer, and without the
formality of a Decree of Court and/or an award of distribution, and agreeing to be legally
bound hereby, SOHMER and CARBERRY:
1. Waive the filing of any further accounting of the administration of this estate in any
Court;
2. Declare that the undersigned has examined the accounts and statements or
schedule of distribution with counsel, finds it to be true and correct in all particulars; accepts
and approves it with the same force and effect as if it had been prepared and filed with,
audited, adjudicated and confirmed absolutely by a court of competent jurisdiction; and as
if the balance of principal and income had been awarded by the Court in accordance with
the statement or schedule of distribution;
3. Warrant that the beneficiaries named in the informal account and statement or
schedule of distribution are the sole parties in interest in the estate and entitled to receive
the entire distribution thereof in accordance with the informal account and statement or
schedule of distribution;
4. Warrant that the undersigned knows of no outstanding and unsatisfied claims
against the estate and approves the distribution of the balance of principal and income
shown in the informal account and statement or schedule of distribution to the persons set
forth therein;
5. Absolutely and irrevocably release and discharge the Personal Representative,
and his and/or her or its heirs, personal representatives, successors and assigns of and
from any and all actions, liabilities, claims and demands relating in any way to the
administration of the estate and distribution in accordance with the informal account and
statement or schedule of distribution and without a court accounting and adjudication;
6. Agree to withdraw the objections previously filed to the Accounting;
7. That Nancy Carberry shall immediately transfer ownership to Paul E. Sohmer of
a Treasury Note in the amount of $40,000.00 and Vanguard Mutual Funds of $153,586.68,
and cash in the amount of $168,397.34, for a total distribution of $361,984.02.
NOW, THEREFORE, each ofthe undersigned, does by the presents, release, remise,
quitclaim and forever discharge the other party, their heirs, successors and assigns of and
from any and all liability and of and from any and all actions, suits, payments, accounts,
reckonings, claims, or demands whatsoever for or by reason of the death, the estate, or the
assets of Geraldine V. Sohmer, deceased, their actions in administering the estate or
handling the assets of the said Geraldine V. Sohmer, as well as any and all other claims,
matters, or things raised, discussed, or described among or between the parties with regard
to the said estate, specifically an Accounting prepared by Carberry and Objections to that
Accounting prepared by Sohmer, as well as any other act, matter, cause, or thing whatsoever
from the beginning of the wold to th date of the execution of this document.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first written above.
WITNESS:
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DeuJ € ,?1rJhmc
Paul E. Sohmer
YI~~ It. ~-
Nancy R. rberry
COMMONWEALTH OF PENNSYLVANIA
:ss:
COUNTY OF
C WW'VL e/'.l~
On the '2-7J(k day of 5....ep-k~e/l.
, 2006, before me, a Notary
Public, the undersigned officer, personally appeared PAUL E. SOHMER, 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 purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
L,'1-~
Not N.P.
~~.SEAl
;:-~UI'N&: &oR ' NorARY Df _ _
&fY COMIAI~ 0.. C<<AIBERwi"-.c
EXPIRES FE8 ,D CO.
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COMMONWEALTH OF PENNSYLVANIA
:ss:
COUNTY OF ~
On the /r;fA day of ~
, 2006, before me, a Notary
Public, the undersigned officer, personally appeared NANCY R. CARBERRY, 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 purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~d(.~
N.P.
IIOTARIAL SEAL
tAR8ARA L.1lAINn NOTMY PU8lIC
PtfJUPS8URG 8ORO. CEItTRE COUNlT
MY COMM APRI
IN THE MATTER OF THE ESTATE OF
GERALDINE V. SOHMER, deceased
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)
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY , PENNSYLVANIA
ORPHAN'S COURT DMSION
STATE NO. 21-05-0571
ORDER OF COURT
AND NOW this day of ' 2006, upon the joint
motion of Nancy R. Carberry and Paul E. Sohmer, by their respective counsel, it appearing that
they are the only heirs of the estate and they having represented to the Court that all debts and
obligations of the estate or the decedent, including any taxes, have been paid, and it further
appearing that the parties have reached an agreement to resolve all disputes raised in the
accounting filed by Nancy R. Carberry and the objections to that accounting filed by Paul E.
Sohmer, we hereby order and direct as follows:
1. The appointment of Stephen D. Tiley, Esquire, as auditor of this estate is hereby
vacated. Mr. Tiley has represented to the court that he is owed no fees for his services and so
we award no fees to him.
2. The accounting of Nancy R. Carberry previously filed in this matter, as amended by
the Mutual General Release of All Claims dated September 27, 2006, and signed by Nancy R.
Carberry and Paul E. Sohmer is hereby confirmed and the personal representatives are released
from further obligation or liability for the performance of their services as personal
representatives of this estate.
BY THE COURT,
1.
Distribution:
David C. Mason, Esquire, P.O. Box 28, Philipsburg, PA 16866
Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043
IN THE MATTER OF THE ESTATE OF
GERALDINE V. SOHMER, deceased
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHAN'S COURT DMSION
STATE NO. 21-05-0571
IN RE: OBJECTIONS OF PAUL E. SOHMER TO ACCOUNTING
OF NANCY R. CARBERRY OF PERSONAL REPRESENTATIVE
OF THE ABOVE ESTATE
JOINT MOTION TO VACATE APPOINTMENT OF AUDITOR
AND APPROVE SETTLEMENT OF ESTATE CLAIMS
, AND NOW come Nancy R. Carberry and Paul E. Sohmer, co-executrix and co-executor
of the above estate, and jointly move the Court to vacate the appointment of the auditor in this
matter and approve the settlement of all claims, based upon the following:
1. Nancy R. Carberry and Paul E. Sohmer were previously appointed by this Court as
the personal representatives of the above estate.
2. In March of 2006 Nancy Carberry filed an accounting as the personal representative
of the estate. On 12 April 2006, Paul E. Sohmer filed objections to the accounting of Nancy R.
Carberry.
3. On 25 April 2006 this Court appointed Stephen D. Tiley, Esquire, Auditor to review
and help resolve the objections filed to the accounting and the final resolution of the claims in
this estate.
4. Since that time Paul E. Sohmer and Nancy R.Carberry have been able to negotiate a
resolution of all of the claims and disputes between them, including those raised in Mr.
Sohmer's objections to Ms. Carberry's accounting, and have concluded an agreement which is
memorialized by a "Mutual General Release of All Claims" (a copy of which is attached hereto
and marked as Exhibit A).
5. Nancy R. Carberry and Paul E. Sohmer are the sole heirs of the estate.
6. All debts and obligations of the decedent and all taxes owed as a result of the death of
the decedent have been paid. With a resolution of the disputes between Ms. Carberry and Mr.
Sohmer, there are no further claims or disputes to be resolved.
WHEREFORE, Nancy R. Carberry and Paul E. Sohmer, by their counsel, jointly move
this Court to vacate the appointment of Stephen D. Tiley, Esquire, as auditor in this matter and to
approve the terms and provisions of the settlement between the parties as set forth in the "Mutual
General Release of All Claims", approve and confirm the accounting of Nancy R. Carberry as
modified by the Mutual General Release of All Claims between the parties, and conclude the
administration of this estate.
~CJ
Davi n
Attorney for Nancy R. Carberry
Samuel 1. Andes
Attorney for Paul E. Sohmer
IN THE MATTER OF THE ESTATE OF
GERALDINE V. SOHMER, deceased
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYL V ANlA
ORPHAN'S COURT DIVISION
STATE NO. 21-05-0571
JOINDER
The undersigned, Stephen D. Tiley, having been appointed by this Court by order of April
25,2006, to serve as auditor of the above estate, acknowledges that he has received and
reviewed a copy of the attached motion to vacate his appointment and the Mutual General
Release of All Claims, and consents to the vacation of his appointment so the administration of
the estate can be completed and the account, as modified by the Mutual General Release of All
Claims, be confirmed. He has not incurred any fees in this matter and does not request an
award of any fees from the Court or the estate.
Stephen D. Tiley
Attomey-at- Law