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Home My WebLink About07-09-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF KATHRYN E. BALL, DECEASED FILE NO. 2007-00314 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between JOHN R. WARD, as Executor of the Estate of KATHRYN E. BALL AKA KATHRYN ELIZABETH BALL, Deceased, and JOHN R. WARD, KARYN S. WARD, PATRICIA J. DAYTON and IRENE E. SIMPSON, individually. WHEREAS, KATHRYN E. BALL, late of New Cumberland Borough, Cumberland County, Pennsylvania, died testate on March 4, 2007, having first made her Last Will and Testament dated July 22, 1997, which instrument was admitted to probate and is recorded in Cumberland County, Register of Wills, File No. 2007-00314; WHEREAS, JOHN R. WARD has been duly appointed as Executor of the Estate of Kathryn E. Ball, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Kathryn E. Ball, Deceased, are: 1. John R. Ward, nephew 2. Karyn S. Ward, niece by marriage 3. Patricia J. Dayton, niece 4. Irene E. Simpson, niece S2 ~..-o ~.~~ ~ 0 _.J ~ r-n . _ Z. '-:0 .. u/7'- ("")0 (3~-n -4 -0 J==- Page 1 of8 r-'> = = .-j c.- c:::: r- I u:> -0 ::J: ~ .f='" .f='" -~, ~-'~'~ .- :-1J ~~..i ~~ J WHEREAS, decedent's nephew, JOHN R. WARD, and his wife, KARYN S. WARD, are entitled to the real property situated at 518 Eutaw Avenue, New Cumberland Borough, Cumberland County, Pennsylvania; WHEREAS, JOHN R. WARD, PATRICIA J. DAYTON and IRENE E. SIMPSON are entitled to the residuary estate IN EQUAL SHARES; WHEREAS, the assets comprising the residuary estate of the decedent were not sufficient to cover payment of all of the administrative expenses, unpaid debts and taxes to which decedent's estate was subject; WHEREAS, pursuant to Item m(C) of decedent's Last Will and Testament, the real property bequest to which John R. Ward and Karyn S. Ward are entitled is comprised of that portion of decedent's estate which became available for distribution after the payment of all of the administrative expenses, unpaid debts and taxes to which the estate was subject; 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, it is the desire ofthe parties to this Agreement that administration ofthis 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; WHEREAS, the parties to this Agreement each acknowledge to have received a Schedule of Distribution attached hereto and marked as Exhibit A. Page 2 of8 NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. JOHN R. WARD, 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, JOHN R. WARD, his 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 Executor and Attorneys of the Estate of Kathryn E. Ball, 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. 3. Each of the parties acknowledges receipt of the assets described on the Schedule of Distribution attached hereto. The beneficiaries of the residuary estate acknowledge that there is a zero (0) balance available for distribution as described on the Statement of Account attached hereto. Page 3 of8 4. Each of the 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. JOHN R. WARD, and his wife, KARYN S. WARD 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 and said distributions, 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. Page 4 of8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this :2r day of ~tAJ.\. e ,2007. WITNESS: ';f3rl/ldfL t k/rod ~liJ~ ~40r J R. WARD, Executor and BeneficIary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the :L 7 day of June, 2007 before me, a Notary Public, the undersigned officer, personally appeared JOHN R. WARD, 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. ~o.uJaJ{ ~ Notary Public F NOTARiAl SEAL PAULA It WHITE, NOTARY PUBLIC lOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES APRILS 2008 Page 5 of8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ..J day of JJ../y ,2007. WITNESS: dCL R lD..~ ~5LJtVL.c 7/3/07 KAR s. WARD, Beneficiary I COMMONWEALTH OF PENNSYLVANIA COUNTY OF /)auph/I) On this the ~ day of ~/~ SS: , 2007 before me, a Notary Public, the undersigned officer, personally appeared KARYN S. WARD, 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. ~~- Notary Public V.NI. NOTARIAL SEAL PAULA It WHITE, NOTARY PUBLIC lOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 5, 2008 Page 6 of8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ;? ? day of JUlJv ,2007. WITNESS: '(f-RI1M G/n'2~7 ,~ ~,~ PATR1CIA J. DAY. ON, Benlic~ COMMONWEALTH OF PENNSYLVANIA COUNTYOF uaufh/n On this the 2. '3 day of :fun ~ SS: , 2007 before me, a Notary Public, the undersigned officer, personally appeared PATRICIA J. DAYTON, 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. qcuJcLl~ Notary Public F 'J. NOTARIAL SEAL PAUlA It WHITE, NOTARY PUBLIC lDWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 5, 2008 Page 7 of8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this / day of JuJj ,2007. WITNESS: ~,^JZ \O~ ~~, ~$.~ 7ft ID7 IRENE E. SIMPSON, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTYOF j)auph/n On this the / day of :fulj SS: , 2007 before me, a Notary Public, the undersigned officer, personally appeared IRENE E. SIMPSON, 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. ~cuJaJ{ ~ Notary Public InF NOTARIAL SEAL PAUlA It WHITE, NOTARY PUBUC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 5. 2008 Page 8 of8 STATEMENT OF ACCOUNT OF THE ESTATE OF KATHRYN E BALL Date of Death 3/4/2007 Personal Property (date of death value) 518 Eutaw Avenue, New Cumberland (1/2 interest) Sovereign Bank; Account 771101376 Social Security; February 2007 benefit PSERS; prorated pension Mayflower National Life Insurance Co Conseco; long-term care final reimbursement HCR Manor Care; patient refund US Treasury; 2006 1040 refund Total Assets Expenses Funeral expense - Gingrich Memorials Legal fee; Jan L Brown Accountant's fees Administrative costs; real property Administrative costs; other Debts of decedent Tax: Inheritance Reserve for contingencies Total Expenses Net Assets Available for Distribution 6/25/2007 Exhibit A, Page 1 $62,500.00 $170.99 $866.00 $131.69 $113.54 $240.00 $1,834.54 $750.00 $66,606.76 -$120.00 -$4,183.00 -$545.00 -$755.00 -$612.54 -$10,595.62 -$10,026.80 -$1,000.00 -$27,837.96 $38,768.80 DISTRIBUTION TO BENEFICIARIES PURSUANT TO WILL DATED JULY22, 1997 John R Ward & Karyn S Ward, nephew & spouse! Net real estate proceeds relating to specific bequest of real property $38,768.80 John R Ward, nephew, one-third residue2 $0.00 Patricia J Dayton, niece, one-third residue2 $0.00 Irene E Simpson, niece, one-third residue2 $0.00 Total Distribution $38,768.80 lPursuant to Item IV(A) of decendent's Will, the interest in the real property at 518 Eutaw Avenue was specifically bequeathed to John R Ward and Karen S Ward, husband and wife. The other assets of the estate were not sufficient to pay administrative expenses, unpaid debts and taxes. Therefore, the real property was liquidated; and pursuant to Item III(C) of decedent's Will, a portion of the sale proceeds was required to be used for the payment of administrative expenses, unpaid debts and taxes to which the estate was subject. After final distribution is made, John R Ward and Karyn S Ward agree to pay further liabilities of the decedent if called upon to do so in the future. 2No residue and remainder of decedent's estate is available to carry out the terms of Item V(A). 6/25/2007 Exhibit A, Page 2