The URL can be used to link to this page

Home My WebLink About09-18-07 IN THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA ESTATE OF CAROL R. PACE, DECEASED FILE NO. 2006-01139 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between SANDRA E. PACE, as a beneficiary and as Executrix of the Estate of CAROL R. PACE, Deceased, and MATTHEW P. KAUTZ, BRIAN P. PACE, JACOB A. KAUTZ, as beneficiaries; and GLORIA J. KAUTZ, as a beneficiary and as Trustee of the Testamentary Trust for the benefit of JACOB A. KAUTZ. WHEREAS, CAROL R. PACE, late of Cumberland County, Pennsylvania, died testate on December 16,2006; having first made her Last Will and Testament dated October 8,1997, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2006-01139; WHEREAS, SANDRA E. PACE has been duly appointed as Executrix of the Estate of Carol R. Pace, Deceased, and ,--, WHEREAS, the parties in interest are: 1. 2. 3. 4. 5. 6. 7. Sandra E. Pace, sister; Gloria J. Kautz, sister; Matthew P. Kautz, nephew; Brian P. Pace, nephew; Jacob A. Kautz, nephew; Cumberland Valley Eagle Foundation, charity; and Helen O. Krause Animal Foundation, charity ( .~ WHEREAS, CUMBERLAND VALLEY EAGLE FOUNDATION is entitled to a specific bequest ofTEN THOUSAND DOLLARS ($10,000) and upon receipt thereof signed a Receipt and Release Agreement. Said Receipt and Release Agreement is attached hereto and made a part hereof and marked Exhibit B; 1 J WHEREAS, HELEN O. KRAUSE ANIMAL FOUNDATION is entitled to a specific bequest of FIVE THOUSAND DOLLARS ($5,000) and upon receipt thereof signed a Receipt and Release Agreement. Said Receipt and Release Agreement is attached hereto and made a part hereof and marked Exhibit C; WHEREAS, MATTHEW P. KAUTZ, BRIAN P. PACE, AND JACOB A. KAUTZ are each entitled to a specific bequest of any and all shares of IBM stock; WHEREAS, JACOB A. KAUTZ is entitled to a specific bequest of any and all shares of Walt Disney stock; WHEREAS, SANDRA E. PACE, GLORIA J. KAUTZ, MATTHEW P. KAUTZ, BRIAN P. PACE, and JACOB A. KAUTZ are each entitled to one-fifth (1/5) of the residuary property; WHEREAS, JACOB A. KAUTZ has not attained the age of twenty-five (25); therefore, in accordance with the provisions of Article XI ofthe Will, the applicable beneficial share will be placed in separate trust with GLORIA J. KAUTZ, TRUSTEE. Said share may be disbursed according to the terms and conditions of Article XI of the Will. 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: 2 1. SANDRA E. PACE, 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, SANDRA E. PACE, her 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 Executrix and Attorneys of the Estate of Carol R. Pace. 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. 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 of the 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 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 Executrix after the signing, sealing and delivery of this Agreement. 3 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 ~ day of j e p-kreJJe/( , 2007 WITNESS: ~ Q b~L , 0 \ .~~~, . SANDRA E. PACE, Executrix and Beneficiary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN ~ \--V~' "; _ I On this the . day of ,~)' VYU) { , 2007 before me, a Notary Public, the undersigned officer, personally a peared SANDRA E. PACE 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. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JACQUELINE A. KEllY, NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES DEC. 17,2007 4 I~lSS WITNESS: WHEREOF, I have hereunto set my hand and seal this JfJ!tbay of ,2007. Jkcrf1ll~ Ch~l COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~, Ixr 1-o.AU;t SS: On this the @'day of ~ 2007 before me, a Notary Public, the undersigned officer, personally appeared GLORIA J. KAUTZ 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. 8 C '1 ~ , ut?cLL Notary Public ,R.-, COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Christie L. Underkoffler, Notary Public Silver Spring Twp..Gumberland County 1ML.Q.~~tnis~I~'1..f.x_~lr~~_ JuIYJ~..L2..91 0 5 J 011 .J IN~W~ESS WHEREOF, I have hereunto set my hand and seal this day of ~UJl-, 2007. WITNESS: 6fUuAlJ -~Id1~'L JI a 1({ JACOB A. KAUTZ, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ SS: On this the j 01)+ day of S't?P1t::m6f1L 2007 before me, a Notary Public, the undersigned officer, personally appeared JACOB A. KAUTZ 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. ~nl.lJ~ (>> kl/;A~ ~~:~ f PE.NNS\(LVANIA COMMONWEALTH Of -:--c r NOTARIA~ SE~otary Public .., Mn C. Garbarino, I nd County S:~f Spf~ng. T~:;n~~~~:C~ 13. 20G8 My CommiSSion ~ 6 I f'\ lH n;:\ :WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of ,-J'4>rl-:m0/dL 2007. WITNESS: Q)u~~ ~~~ MAT HEW . KAUTZ, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF l.lU'n0~<.-lJ'1}J0 SS:z..oc.. 5~..400b On this the JJ-TJ.l day of ~2007 before me, a Notary Public, the undersigned officer, personally appeared MATTHEW P. KAUTZ 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. ~~hn (i ~t~~ otary blic f rCOMMONWEALTI; OF e~.~~VMM 1 NOTARIAL SEAL --, I ~ary Ann C. ~rbaiino;. Notsry Pilblic I Silver Sprmg, 'wp., Cumte;ianc County I ~y CommissIOn fY!)ires 0"," 13' ')/1v~B I ... "1,~ .-. , Lv _J 7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ Qt day of <1V,,?p~,v~hrvYL ,2007. WITNESS: ) " 1-t,t.-, ;A ~ 6 /-i ~ ~b . .....-r~ . ~~" BRIAN P. PACE, Beneficiary COMMONWEALTH OF PENNSYL VANIA COUNTY OF /G I l\ 1'-' TGG. /1,.1 i>i1fZ it r . SS: . C,nf (7 r i);--,,t /) / . On thIS the ,~ ,,-. day of -~'-?t( f;:::V~~,:?vy~L ,2007 before me, a Notary Pubhc, the undersigned officer, personally appeared BRIAN P. PACE 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. .. '(l4t~ 7PUbliC f/ COMMONWEALTH Of Pl:.NNSYLVANIA_ NOTARIAL SEAL II ANGELO J AMOROSO, Notary Public Upper Merion T wp., Montgomery County ! My Commission EXpl!~~f~bruary 21,2009 i 8 ESTATE OF CAROL R. PACE DATE OF DEATH DECEMBER 16, 2006 SUMMARY STATEMENT OF ACCOUNT Assets - Schedule A $ 167,505.58 Income/lnvestments - Schedule B $ 16.65 Disbursements - Schedule C $ (123,915.19) Assets Available for Distribution $ 43,607.04 Distributions to Beneficiary - Schedule D $ 40,607.04 Balance reserved for contingencies1 $ 3,000.00 1The reserve balance will increase or decrease based on receipt of additional assetslincome, 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. 9/4/2007 ESTATE OF CAROL R. PACE DATE OF DEATH DECEMBER 16,2006 ASSETS SCHEDULE A DESCRIPTION REAL PROPERTY VALUE AT DATE OF DEATH Real property located at 4 Shoemaker Lane, Mechanicsburg, PA $ 144,900.00 2004 Chrysler PT Cruiser $ 10,000.00 CASH Members 1 st Savings 67384-00 $ 25.00 Members 1st Checking 67384-11 $ 206.62 Cash on hand $ 132.88 STOCKS & BONDS IBM Corporation; 55.484 shs @ $95.37 $ 5,291.51 The Walt Disney Company; 6 shs @ $34.40 $ 206.40 1/12/07 The Walt Disney Company dividend; record date 12/15/06 $ 1.86 OTHER Household goods sold at Brickers Auction $ 1,705.00 Household goods and jewelry sold on ebay $ 1,937.45 Members 1 st; credit for bounced checks $ 120.00 Erie Insurance; refunds $ 388.00 Verizon; refund $ 1.58 Penn Waste; refund $ 32.19 credit for county taxes already paid $ 197.09 US Treasury; refund of 2004 Federal income taxes $ 575.00 US Treasury; refund of 2005 Federal income taxes $ 1,785.00 $ 167,505.58 9/4/2007 ESTATE OF CAROL R. PACE INCOME SCHEDULE 8 DESCRIPTION Dividend Income 3/10/07 IBM Corporation; record date 2/9/07 9/4/2007 $ 16.65 $ 16.65 ESTATE OF CAROL R. PACE DISBURSEMENTS SCHEDULE C DESCRIPTION Myers Funeral Home Gingrich Memorials; gravemarker Register of Wills; probate fee Register of Wills; Inventory and Inheritance Tax Return filing fees Register of Wills; family settlement agreement filing fee Cumberland Law Journal; legal advertising The Sentinel; legal advertising Jan L Brown & Associates; legal fee Sandra E. Pace; Executrix fee ACH Deluxe Checks; estate checks USPS; registered mail fee for stock USPS; certified mail fee for income tax returns settlement charges for property at 4 Shoemaker Lane school tax; real property at 4 Shoemaker Lane Patriot News; advertisement to sell 2004 Chrysler PT Cruiser The Sentinel; advertisement to sell 2004 Chrysler PT Cruiser Silver Spring township tax collector Black's Detachable Truck Systems; dumpster for 4 Shoemaker Ln PPL Electric Utilities; real property at 4 Shoemaker Lane Penn Waste; trash, recycling for 4 Shoemaker Lane Bio Med; clean up for 4 Shoemaker Lane Gordon's Jewelers; diamond appraisals R.E. Fink; septic pump out Commonwealth Corp; cleaning, odor removal for 4 Shoemaker Ln Veterinary bills for care of cats inspection, recon, body work, registration of 2004 PT Cruiser dry cleaning of personal property (quilt) Brian Pace; services performed for 4 Shoemaker Lane Gloria Kautz; services performed for 4 Shoemaker Lane John Kautz; services performed for 4 Shoemaker Lane Jacob Kautz; services performed for 4 Shoemaker Lane Nicole Murray; services performed for 4 Shoemaker Lane Jessica Eckenrode; services performed for 4 Shoemaker Lane Matthew Kautz; services performed for 4 Shoemaker Lane B.J. Taylor; services performed for 4 Shoemaker Lane Gloria Kautz; hours spent caring for cats Executor out-of-pocket costs for cleaning supplies, electrical supp,... Washington Mutual Home Loans; mortgage on 4 Shoemaker Ln Chrysler Financial; loan on 2004 Chrysler PT Cruiser VISA; outstanding debt National Recovery Agency; bills for Pinnacle Health, Quantum Imag National Recovery Agency; bills for Dental Health Accounts Recovery Bureau; bills for Pinnacle Health Pinnacle Health; outstanding debt Pennsylvania Dept Rev; State income taxes for 2002-2006 US Treasury; Federal income taxes for 2006 Parks & Company; 1041 tax prep Parks & Company; tax prep for income tax returns 2002-2006 Pennsylvania Inheritance Tax 9/4/2007 CATEGORY Funeral Funeral Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Adm Debt Debt Debt Debt Debt Debt Debt Debt Debt Adm Adm Tax AMOUNT $ 4,152.50 $ 550.00 $ 427.00 $ 30.00 $ 20.00 $ 75.00 $ 137.03 $ 15,000.00 $ 7,078.00 $ 8.25 $ 10.93 $ 53.46 $ 16,218.50 $ 70.92 $ 35.80 $ 33.99 $ 10.00 $ 694.70 $ 1,083.03 $ 283.08 $ 100.00 $ 159.00 $ 175.00 $ 2,250.00 $ 254.86 $ 672.01 $ 20.03 $ 885.00 $ 907.50 $ 375.00 $ 217.50 $ 15.00 $ 127.50 $ 150.00 $ 60.00 $ 510.00 $ 732.39 $ 32,895.09 $ 6,750.00 $ 25.90 $ 661.30 $ 307.92 $ 536.76 $ 14.60 $ 690.00 $ 517.00 $ 250.00 $ 750.00 $ 26,933.64 $ 123,915.19 ESTATE OF CAROL R. PACE DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED OCTOBER 8,1997 SCHEDULE D Cumberland Valley Eagle Foundation, charity, specific bequest Cash distribution on 8/30/07; Check 1040 $ 10,000.00 Helen O. Krause Animal Foundation, charity, specific bequest Cash distribution on 8/20/07; Check 1031 $ 5,000.00 Jacob A. Kautz, nephew, specific bequests Transfer of stock ownership as follows 1 The Walt Disney Company; 6 shs @ $34.40 IBM Corporation; 18.494 shs @ $95.37 $ 206.40 $ 1,763.77 Gloria J. Kautz, Trustee f/b/o Jacob A. Kautz, 20% residue Cash distribution as follows: Cash distribution on or after 9/9/07 Cash distribution of accrued IBM Corp dividend $ 4,018.50 $ 5.55 Brian P. Pace, nephew, specific bequest and 20% residue Transfer of stock ownership as follows 1 IBM Corporation; 18.495 shs @ $95.37 $ 1,763.87 Cash distributions as follows: Cash distribution on or after 9/9/07 Cash distribution of accrued IBM Corp dividend $ 4,018.49 $ 5.55 Matthew P. Kautz, nephew, specific bequest and 20% residue Transfer of stock ownership as follows 1 IBM Corporation; 18.495 shs @ $95.37 $ 1,763.87 Cash distribution as follows: Cash distribution on or after 9/9/07 Cash distribution of accrued IBM Corp dividend $ 4,018.49 $ 5.55 Gloria J. Kautz, sister, 20% residue Cash distribution on or after 9/9/07 $ 4,018.50 Sandra E. Pace, sister, 20% residue Cash distribution on or after 9/9/07 $ 4,018.50 Total Distribution 1Cost basis based on value at date of death. 9/4/2007 $ 40,607.04 $ 40,607.04 ;. IN THE MATTER OF THE ESTATE OF CAROL R. PACE, Deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :REGISTER OF WILLS : NO. 2106-1139 RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, CAROL R. PACE during her lifetime executed a Last Will and Testament on October 8, 1997; and WHEREAS, pursuant to Article VI of the Last Will and Testament, the sum ofTen Thousand Dollars ($10,000.00) was specifically bequeathed to the undersigned, CUMBERLAND VALLEY EAGLE FOUNDATION, with a mailing address of6746 Carlisle Pike, Mechanicsburg, Pennsylvania 17050; and WHEREAS, CAROL R. PACE died on December 16, 2006, and Letters Testamentary were issued to SANDRA E. PACE, on December 26, 2006. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, CUMBERLAND VALLEY EAGLE FOUNDATION, acknowledges receipt of the sum ofTen Thousand Dollars ($10,000.00), which constitutes a specific distribution of the bequest to which it is entitled under the will of said decedent. In consideration of which payment CUMBERLAND VALLEY EAGLE FOUNDATION does hereby forever release and discharge said Executrix and her heirs and personal representatives, together with JAN L. BROWN & ASSOCIATES, attorneys at law, and specifically JACQUELINE A. KELLY, ESQUIRE from any and all claims by it for Page 1 of2 EXHIBIT " :8" , further accounts, payments or distribution concerning the said estate or arising out of the administration thereof. IN WITNESS WHEREOF, the beneficiary has executed this Release this a.. r day of ~v-. \ ,2007, intending to be legally bound hereby. CUMBERLAND VALLEY EAGLE FOUNDATION By~1-~ Name ? ;-es \~..~T Title COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0Ct. L.L ph "f') ss: 'Jq t-/..- A. L On this the (/'\ day of II Cu l,( S, ,2007, before me, the ~ - \ undersigned officer, personally appeared Ct< I\;l{ l. St,{ II (V 4.." , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~4 tJJIh Notary Public Page 2 of2 COMMONWEALTH OF PENNSYLVANIA Notarial Seal 1 S Tina L. Otto, Notary Public M usqueh~r:m Twp., Dauphin County YCommlSSlOn Expires Sept. 14,2010 Member Penn I . , sy vania ASsociation of Notari;;' IN THE MATTER OF THE ESTATE OF CAROL R. PACE, Deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : REGISTER OF WILLS : NO. 2106-1139 RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, CAROL R. PACE during her lifetime executed a Last Will and Testament on October 8,1997; and WHEREAS, pursuant to Article VII of the Last Will and Testament, the sum of Five Thousand Dollars ($5,000.00) was specifically bequeathed to the undersigned, HELEN O. KRAUSE ANIMAL FOUNDATION, with a mailing address of P.O. Box 311, Mechanicsburg, Pennsylvania 17055, providing that they accept all of the cats owned by Carol R. Pace, which they have; and WHEREAS, CAROL R. PACE died on December 16, 2006, and Letters Testamentary were issued to SANDRA E. PACE, on December 26, 2006. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, HELEN O. KRAUSE ANIMAL FOUNDATION, acknowledges receipt of the sum of Five Thousand Dollars ($5,000.00), which constitutes a specific distribution of the bequest to which it is entitled under the will of said decedent. In consideration of which payment HELEN O. KRAUSE ANIMAL FOUNDATION does hereby forever release and discharge said Executrix and her heirs and personal representatives, together with JAN L. BROWN & ASSOCIATES, attorneys at law, and Page 1 of2 EXHIBIT "e" specifically JACQUELINE A. KELLY, ESQUIRE from any and all claims by it for further accounts, payments or distribution concerning the said estate or arising out of the administration thereof. ITNESS WHEREOF, the beneficiary has executed this Release this / 0 day of ,2007, intending to be legally bound hereby. HELEN O. KRAUSE ANIMAL FOUNDATION J ~ BY~ ~ ame '1l tA! lA.}t~ ;L Title COMMONWEALTH OF PENNSYLVANIA COUNTY OF CI.)JI7,b~llq ncl SS: ;1 ,~ A t On this the (fJ day of --f\1!) I~ <, . undersigned officer, personally appeared L, "do. , 2007, before me, the Q)uJ,I1.SL," , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand a COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE NEBL, Notary Public Camp Hill Bora, Cumberland County My Commission Expires Jan. 25, 2011 Page 2 of2