HomeMy WebLinkAbout03-05-08
RECEIPT AND RELEASE
( I
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. \.1 .
WHEREAS, Eva Erno, late of Upper Allen Township,4::outlty of
" ;-~ c' 1
Cumberland and Commonwealth of Pennsylvania, died on',E"irbr].J~l.ry 2 3,
",\ :..
2007, having first made her Last Will and Testament 1n writing
. I
probated before the Register of Wills of said Cumberland C!ounty
on March 5, 2007, dnd Letters Testamentary were issued on the
same date to John W. Erno and Susan J. Erno, the Executor's named
in the Last Will and Testament of said Decedent;
and
WHEREAS, said Executor's has entered upon and completE~d
their administration of said Decedent's Estate as set forth in
their First and Final Account attached hereto, and intends to
distribute the net balance of the assets of said Estate to the
persons named in the Statement of Proposed Distribution also
attached hereto, both of said documents being incorporated herein
by reference thereto; and
NOW KNOW ALL MEN BY THESE PRESENTS, that we, Carolyn M.
Morrow, John W. Erno, Susan J. Erno, Thomas R. Erno, Steven H.
Erno a/k/a Melyssa Morgan and Paul J.Erno, being the princlpal
legatees and distributees named in the Will of said Decedent and
the persons entitled to share In the residuary distribution of
the Estate of said Decedent, do hereby declare and say that we,
and each of us, have examined the attached Account and Statement
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
1
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of Proposed Distribution, and find the same to be true and
correct, and in strict accordance with the terms and provisions
of said Will, and we do hereby acknowledge that we, and each of
us, this day have, had and received of and from John W. Erno and
Susan J. Erno, the Executor's of the Estate of Eva Erno, the
cash, personalty and/or real estate set opposite our names in the
above Statement of Proposed Distribution, in full satisfaction,
payment and discharge of all such sum or sums of money, legacies
and bequests, share or shares, purports and dividends which were
due, owing and payable and belonging to us, and each of us, by
any means whatsoever, for or on account of our full share, part
or dividend of the Estate of Eva Erno, Deceased.
NOW, THEREFORE, we, and each of us, the said Carolyn M.
Morrow, John W. Erno, Susan J. Erno, Thomas R. Erno, Steven H.
Erno a/k/a Melyssa Morgan and Paul J.Erno, do by these presents,
remise, release, quit-claim and forever discharge the said John
W. Erno and Susan J. Erno, their heirs, executors and
administrators, of and from our said shares or dividends of the
Estate aforesaid, and of and from all actions, suits, payments,
accounts, reckonings, claims and demands whatsoever, for or by
reason thereof, or of any act, matter, cause or thing whatsoever,
from the beginning of the world to the day and date of these
presents.
AND, desiring to avoid the delay and expense of the
settlement of said Estate by filing the foregoing Account of said
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
2
administration in the Office of the Register of Wills of said
Cumberland County and by having the balance in the hands of the
Executor's, as shown by said Account, distributed by the Court of
Common Pleas of Cumberland County - Orphans' Court Division, we,
and each of us, do hereby agree that the foregoing Account and
Statement concerning the matter of settlement may be recorded
with the same effect upon us, and each of us, as if the same had
been reported upon by said Court, in a decree of distribution
made on such proposed Statement of Distribution by the said Court
of Common Pleas - Orphans' Court Division.
AND in consideration of the aforesaid settlement being made
without the aid of such Court of Common Pleas - Orphans' Court
Division, that we, and each of us, the said Carolyn M. Mor~ow,
John W. Erno, Susan J. Erno, Thomas R. Erno, Steven H. Erno a/k/a
Melyssa Morgan and Paul J.Erno, do hereby agree that if any debts
or demands other than those included in the above referenced
First and Final Account, as hereinbefore set forth, shall be
hereafter recovered against the Estate of said Decedent and be
legally payable out of the same, that we, and each of us, will
return to the said Executor's such amounts thereof as may be
necessary to pay such debts or demands.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
3
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
this
IN WITNESS WHEREOF, we have hereunto set our hands and seals
.:1 :.:;-. day of .:::: ~_'lo c~ ........-, 2 0 0 8 .
?
C-,~ ?~1 &~1/~L)
Carolyn . Morrow
(SEAL)
John W. Erno
(SEAL)
Susan J. Erno
(SEAL)
Thomas R. Erno
(SEAL)
Steven H. Erno a/k/a Melyssa Morgan
(SEAL)
Paul J. Erno
4
.
.
.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this ,..h. ofr~ 2008.
'5 day
WITNESSED BY:
(SEAL)
Carolyn M. Morrow
-6-~ .~~ ~ lv. tvnr (SEAL)
// 0 n W. Ern 0
t
(SEAL)
Susan J. Erno
(SEAL)
Thomas R. Erno
(SEAL)
Steven H. Erno a/k/a Melyssa Morgan
(SEAL)
Paul J. Erno
LAW OFFICES 4
SNELBAKER &
BRENNEMAN, P.C.
.
-
.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this /:L day of lith, u"!!7 2008.
WITNESSED BY:
(SEAL)
Carolyn M. Morrow
(SEAL)
John W. Erno
-&A<~'~ ~.~~ JM;Jr~1 t /1~ ., (SEAL)
Susan J. no
(SEAL)
Thomas R. Erno
(SEAL)
Steven H. Erno a/k/a Melyssa Morgan
(SEAL)
Paul J. Erno
LAW OFFICES
SNELBAKER & 4
BRENNEMAN, P.C.
-....-
-
.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this day of 2008.
WITNESSED BY:
(SEAL)
Carolyn M. Morrow
(SEAL) I
John W. Erno
(SEAL)
Susan J. Erno
c:r;:' I!~
..~o.if (SEAL)
Thomas R. Erno
I
(SEAL)
Steven H. Erno a/k/a Melyssa Morgan
(SEAL)
Paul J. Erno
LAW OFFICES 4
SNELBAKER &
BRENNEMAN, P.C.
. i
. I
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this day of 2008.
WITNESSED BY:
(SEAL)
Carolyn M. Morrow
(SEAL)
John W. Erno
I Q 1:' 7\ T \
--- --- \ "-' J......J.L .L.L.J)
Susan J. Erno
(SEAL)
-R /v Thomas R. Erno
~Lk-- ~~J1krY::oEAL)
Steven H. Erno a/ /a Melyss Morgan
(SEAL)
Paul J. Erno
LAW OFFICES 4
SNELBAKER &
BRENNEMAN, P.C.
.
-
.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this day of 2008.
WITNESSED BY:
(SEAL)
Carolyn M. Morrow
(SEAL)
John W. Erno I
(SEAL)
Susan J. Erno
(SEAL)
Thomas R. Erno
(SEAL)
Steven H. Erno a/k/a Melyssa Morgan I
1ttt~ ~~ ~~~.(~ (SEAL)
Paul J. Et 0
I
!
LAW OFFICES 4
SNELBAKER &
BRENNEMAN, P.C.
COMMONWEALTH OF PENNSYLVANIA)
CO UN T Y 0 F c.,... ....-\,arl k"d
SS.
On this the J 5"" day of ~<02-\,.........~
2008, before me, a
Notary Public in and for said State and County, the undersigned
officer, personally appeared Carolyn M. Morrow, known to mE~ (or
satisfactorily proven) to be the person whose name 1S subscribed
to the within instrument and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF,
hand and official
seal.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
5
LAW OFFICES
SNELBAKER 8:
BRENNEMAN. P.C.
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF
)
day of 't6y(u~
2008, before me, a
On this the
\5+~
Notary Public 1n and for said State and County, the undersigned
officer, personally appeared John W. Erno, known to me (or
satisfactorily proven) to be the person whose name 1S 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.
~~~KJt1~
Notary Public
COMMQNWEALTH OF PENNSYlVANIA
NoIariaI Seal
Sandra K. St\OW8I'S. Notary P\.i)Iic
~ Boro. ClI'llberland CountY
My Cornr1'iSSI<lO Expires Nov. 22. 2011
,. of NotatIe.
Member. Pennsytv'.lnls AlI6ociatJon
6
STATE OF VIRGINIA
(" Llu. .
r"~~ TY OF (X~~
On this the I,;:}.....-- day of
Notary Public in and for said
SS. ..
) j'-fa:t;..., ~ th'r~~
A;,.~ 2008, before me, a
State and County, the undersigned
officer, personally appeared Susan J. Erno, known to me (or
satisfactorily proven) to be the person whose name lS 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;)fficial
seal. &~ /. ~M-'
Notary Public
~ PATRICIA S. PAYNE
{)'1fi;!iif Notary Public. Reg. , 187931
,~~; Convnonwealth of Virginia
~ MvCmmssion Exoires 1m. 31 21m
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
7
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CJ?n6f/f!LArt/lJ
"::i / ,;t ----- u'7 --'" V
On this the v-S -day of rtG-,6t€tA.,...,-,,-/ 2008, before me, a
ss.
Notary Public in and for said State and County, the undersigned
officer, personally appeared Thomas R. Erno, known to me (or
satisfactorily proven) to be the person whose name lS 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.
~~.
Notary Public
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
8
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
On this the
r--.
Z ~ da y 0 :Etf-eQtft.t(l t,er-
2008, before me, a
Notary Public in and for said State and County, the undersigned
officer, personally appeared Steven H. Erno, a/k/a Melyssa
Morgan, 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.
~
l,,~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cathy L. Youngblood, Notary Public
Lemoyne Boro. Cumberland County
My Commission Expires June 22, 2010
Member. Pennsylvania Association of Notaries
9
COMMONWEALTH OF PENNSYLVANIA)
COUNTY dwl)cuWvJ
SS.
On this the
)
L ~ day of '{dJJilu...CJl0(J-
2008, before me, a
Notary Public in and for said State and County, the undersigned
officer, personally appeared Paul J. Erno, known to me (or
satisfactorily proven) to be the person whose name 1S 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.
--
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cathy L. Youngblood, Notary Public
Lemoyne Boro, Cumberland County
My Commission Expires June 22, 2010 .
Member. Pennsylvania Association of Notanes
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
10
ESTATE NO. 21-07-0202
FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED
DISTRIBUTION OF AND BY JOHN W. ERNO AND SUSAN J. ERNO
EXECUTOR'S OF THE ESTATE AND UNDER THE LAST WILL
AND TESTAMENT OF EVA ERNO, DECEASED, LATE OF UPPER
ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA
John W. Erno and Susan J. Erno, Executor's as aforesaid and Accountants
herein, avers as follows:
DATE OF DECEDENT'S DEATH:
DATE LETTERS TESTAMENTARY ISSUED:
February 23, 2007
March 5, 2007
DATES EXECUTOR'S NOTICE ADVERTISED:
Cumberland Law Journal
Patriot-News
March 16,23, 30, 2007
March 21,28, April 4, 2007
FIRST AND FINAL ACCOUNT
PERSONALTY - PRINCIPAL ACCOUNT
DEBITS
The Accountants charge themselves with the receipt of the following items of
Decedent's Personalty valued as of the date of Decedent's death:
1. Household goods retained by family
2. Internal Revenue Service, refund on 2006 Income Tax Return
3. Paul J. Erno, money from joint accounts held at Member's
First Federal Credit Union
4. Paul J. Erno, money from joint account held at Sovereign Bank
5. U.S. Treasury, social security payment
6. Civil Service, pension payment
7. Homeowners insurance premium refund
8. Bank of America, refund
TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, DEBITS:
PERSONALTY - PRINCIPAL ACCOUNT
CREDITS
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
The Accountants claim credit for the payment of the following items from
Decedent's Personalty Account:
1. Discover Card, credit card payment
2. Messiah Village, resident care
3. Comcast Cable, cable service
4. Patriot-News, subscription fee
5. Rolling Green Cemetery, burial expense
6. Myers Funeral Home, Inc., funeral services
7. St. Joseph Catholic Church
8. Speed pay, Inc.
9. U.S. Treasury, reclaim social security payment
10. Gingrich Memorials, inscription
11. Urology of Central PA, medical services
12. Mobile Xray Imaging, Inc., medical services
13. MCI, phone service
14. Barry L. Heckard, Sr., Tax Collector
Page 1
$ 960.00
803.00
2,154.88
3,337.21
1,365.00
2,921.85
56.91
11.00
$ 11,609.85
$ 1,126.00
9,515.11
152.35
29.65
1,195.00
8,338.00
100.00
4.95
2,921.85
35.00
13.97
17.84
40.08
11.00
15. Paul J. Erno, reimburse for funeral luncheon expenses
16. Capital One, credit card payment
17. MRP/Chase Bank, credit card payment
18. John Erno, reimburse for funeral luncheon expenses
19. AOL, internet services
20. Bank of America, credit card payment
21. Sue Erno, reimburse for funeral luncheon expenses
22. Register of Wills, Agent, Inheritance Tax
23. Register of Wills, filing fee for Inheritance Tax return
24. Register of Wills, additional probate fee
25. Snelbaker & Brenneman, P.C., attorney services
26. Snelbaker & Brenneman, P.C., costs advanced:
a. Patriot-News, advertising Executors' notice
b. Cumberland Law Journal, advertising Executors' Notice
c. Register of Wills, probate fee
27. Reserve for filing fees, accounting fees and other miscellaneous costs
associated with the administration of the Decedent's estate
TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, CREDITS:
154.62
75.00
252.00
PERSONALTY -INCOME ACCOUNT
DEBITS
The Accountants charge themselves with the receipt of the following
income from the investment of Personalty Principal:
1. Sovereign Bank, joint checking account #1681723905, interest
2. Member's First Federal Credit Union, estate checking account, interest
3. Member's First Federal Credit Union, estate money market account, interest
TOTAL, PERSONALTY, INCOME ACCOUNT, DEBITS:
PERSONALTY - INCOME ACCOUNT
CREDITS
The Accountants claim credit for the payment of the following items
from the Personalty Principal Account:
TOTAL, PERSONALTY, INCOME ACCOUNT, CREDITS:
REAL ESTATE - PRINCIPAL ACCOUNT
I DEBITS
IThe Accountants charge themselves with the receipt of Decedent's
Real Estate as follows:
1. Property known and numbered as 404 East Coover Street, Borough of
Mechanicsburg, Cumberland County, Mechanicsburg, PA 17055, sale value
2. Adjustments at settlement for County/School Taxes and sewer
TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, DEBITS:
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Page 2
44.59
8,665.00
1,390.00
292.82
62.16
2,426.50
235.70
3,602.03
15.00
50.00
2,775.00
481.62
1,000.00
$ 44,541.22
$
1.21
26.07
858.55
885.83
$
$ NONE
$ NONE
$ 125,900.00
297.25
$ 126,197.25
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
,
REAL ESTATE - PRINCIPAL ACCOUNT
CREDITS
The Accountants claim credit for the payment of the following
items from Real Estate Principal Account:
1 . Settlement charges associated with the sale of 404 East Coover Street
a. Realtors commission
b. ReMax transaction fee
c. ReMax deed preparation
d. Notary fees
e. Tax certification
f. Transfer tax
g. CountyfTownship taxes
h. ReMax tax receipt fee
i. FedEx fee
j. Borough of Mechanicsburg, sewer
2. UGI, gas service
3. United Water Pennsylvania, water service
4. Allstate Insurance, insurance
5. Kemper Auto and Home, insurance
6. Borough of Mechanicsburg, sewer/refuse service
7. PPL Electric, electric service
8. Derrsha Hauling, trash removal
TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, CREDITS:
$ 9,800.20
7,554.00
150.00
125.00
10.00
10.00
1,259.00
618.40
5.00
24.00
44.80
1,002.14
260.55
146.12
183.82
365.44
594.06
85.00
$ 12,437.33
REAL ESTATE -INCOME ACCOUNT
DEBITS
The Accountants charge themselves with the receipt of the
income from the investment of Real Estate Principal Account:
TOTAL, REAL ESTATE, INCOME ACCOUNT, DEBITS:
$ NONE
$ NONE
REAL ESTATE -INCOME ACCOUNT
CREDITS
The Accountants claim credit for the payment of the following items
from the Real Estate Income Account:
TOTAL, REAL ESTATE, INCOME ACCOUNT, CREDITS:
$ NONE
$ NONE
Page 3
.
.
RECAPITULATION
PERSONAL TV:
PRINCIPAL ACCOUNT:
Debits $ 11,609.85
Credits $ 44,541.22
Balance $ (32,931.37)
INCOME ACCOUNT:
Debits $ 885.83
Credits $ NONE
Balance $ 885.83
TOTAL PERSONAL TV $ (32,045.54)
REAL ESTATE:
PRINCIPAL ACCOUNT:
Debits $ 126,197.25
Credits $ 12,437.33
Balance $ 113,759.92
INCOME ACCOUNT:
Debits $ NONE
Credits $ NONE I
Balance $ NONE I
,
TOTAL REAL ESTATE: $ 113,759.92
TOTAL FOR DISTRIBUTION: $ 81,714.38
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Page 4
STATEMENT OF PROPOSED DISTRIBUTION
John W. Erno and Susan J. Erno, Executors' and Accountants herein,
)roposes to distribute the balance of the Estate of Eva Erno, Deceased, to wit:
~81 ,714.38 in accordance with the Last Will and Testament of said Decedent
~s follows:
Carolyn M. Morrow
1/6 of residue as per Item 3 of Will
a. Advance distribution January 7, 2008
b. Cash
). John W. Erno
1/6 of residue as per Item 3 of Will
a. Household goods retained In-Kind
b. Cash
3. Susan J. Erno
1/6 of residue as per Item 3 of Will
a. Cash
4. Thomas R. Erno
1/6 of residue as per Item 3 of Will
a. Household goods retained In-Kind
b. Advance distribution January 23, 2008
c. Cash
5. Steven H. Erno, a/k/a Melyssa Morgan
1/6 of residue as per Item 3 of Will
a. Household goods retained In-Kind
b. Advance distributions:
July 12, 2007
July 26,2007
October 29, 2007
December 7,2007
December 28, 2007
January 7, 2008
January 16, 2008
February 4, 2008
c. Cash
6. Paul J. Erno
1/6 of residue as per Item 3 of Will
a. Household goods retained In-Kind
b. Cash
TOTAL FOR DISTRIBUTION:
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Page 5
1,100.00
1,000.00
700.00
700.00
200.00
640.00
405.00
600.00
2,000.00
11,619.06
325.00
13,294.07
13,619.07
125.00
1,000.00
12,494.06
30.00
5,345.00
8,244.06
480.00
13,139.06
- l
13,619.06
13,619.07
13,619.07
13,619.06
13,619.06
13,619.06
81,714.38
- 11
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COMMONWEALTH OF PENNSYLVANIA
55:
COUNTY OF CUMBERLAND
John W. Erno, being duly sworn according to law deposes and says:
that he is the Executor of the Estate and under the Last Will and Testament
of Eva Erno, Deceased, and the Accountant herein; that there are no
unpaid creditors or claimants of said Estate; that there are no persons
interested in the distribution of said Estate other than as stated in the foregoing
Statement of Proposed Distribution; and that the facts set forth in the foreqoing
First and Final Account and Statement of Proposed Distribution are true and
correct to the best of his knowledge, information and belief.
(JJ. . lJ. /;~
" John W. Erno
xecutor and Accountant
Sworn to and subscribed before me
this 1 S:..Jh, day of t:e. b lLA OI.,~ 2008
, clcncLo. ~ ~ alli..
I
Notary Public
CO~LTH OF PENNSYLVANIA
I NoIariaI Seal
Sandra K. $haINefS. Notary PUlIic
~ Boro, CuIIber!andCounlY
My CcIrmissIOn Expires Nov. 22. 2011
Member. Ptlnnaylvlnla AllooIltlon of NotarIl'
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Page 6
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
.
STATE OF VIRGI~ ' SS
~OF ~?<~,~
Susan J. Erno, being duly sworn according to law deposes and says:
that she is the Executor of the Estate and under the Last Will and Testament
of Eva Erno, Deceased, and the Accountant herein; that there are no
unpaid creditors or claimants of said Estate; that there are no persons
interested in the distribution of said Estate other than as stated in the foregoing
Statement of Proposed Distribution; and tl1at the facts set forth in the foreqoing
First and Final Account and Statement of Proposed Distribution are true and
correct to the best of her knowledge, information and belief.
Sworn to and subscribed before me
2008
PATRICIA S. PAYNE
Notary Public. Reg. "187931
. Conmonwea"h 01 Virginia
CcImission' .31 2Wl
Page 7