HomeMy WebLinkAbout06-13-08IN THE MATTER OF THE ESTATE OF IN THE COURT OF COMMON PLEAS
JOSEPH A. LAWLER, JR., DECEASED :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 2007-00755 PA No. 21 07-0755
FINAL DISTRIBUTION FAMILY AGREEMENT
THIS AGREEMENT is by and between Catharine Borda of Mechanicsburg, Cumberland County,
Pennsylvania, individually and as Executrix of the Estate of Joseph A. Lawler, Jr., Deceased, David C.
Miller, Jr., Esquire, Counsel for the Estate, and Catharine Borda and Mary Abruzzese, as heirs of the Estate.
WHEREAS, Joseph A. Lawler, Jr., of East Pennsboro Township, Camp Hill, Cumberland County,
Pennsylvania, died on July 21, 2007 with a Will, and whose Estate was opened on August 10, 2007, at the
above number and term; and
WHEREAS, Catharine Borda has been duly appointed as Executrix of the Estate of Joseph A.
Lawler, Jr., Deceased; and
WHEREAS, it is the desire of the parties to this Agreement for Catharine Borda and Mary
Abruzzese, beneficiaries, to receive the following distributive shares of the Estate:
A. Principal:
Real Estate: $ 178,000.00
Personal Property & Annuities: $ 635,373.79
Total: $ 813,373.79
B. Final Expenses:
Debts of Decedent $ 7,506.58
Funeral $ 14,537.39
Administration $ 15,793.99
Inheritance Tax $ 87,832.49
Fees & Commissions $ 6,000,00
Total: $131,670.45
C. Distributions:
Catharine Borda $340,851.67
Mary Abruzzese $340,851.67
Total: $681,703.34
WHEREAS, the parties to this Agreement each acknowledge the proposed schedule of distribution
as stated above; and
WHEREAS, each of the parties to this Agreement does acknowledge to have received from the
Executrix the sums set forth above, as distribut~'cshs~vid~nced-~~ signatures of the parties on this
Agreement. ~~. ~.~~ ~
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NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and
agreements recited herein the parties do agree as follows:
a. Catharine Borda and Mary Abruzzese, as parties to this Agreement as beneficiaries of
Joseph A. Lawler, Jr.'s Estate, do hereby release and forever discharge David C. Miller, Jr.,
Esquire, Counsel for the Estate of Joseph A. Lawler, Jr., and Catharine Borda, Executrix,
from any and all liability which may from time to time arise in connection with services
rendered as Counsel to the Estate and as Executrix of the Estate of Joseph A. Lawler, Jr.,
Deceased. Catharine Borda and Mary Abruzzese, as beneficiaries, do further agree to
indemnify and hold harmless said Counsel to the Estate and Executrix of the Estate of
Joseph A. Lawler, Jr., Deceased, from any and all liability which may arise against the
Estate from creditors or claimants.
b. Catharine Borda and Mary Abruzzese, as parties to this Agreement as beneficiaries of
Joseph A. Lawler, Jr.'s Estate do hereby acknowledge receipt of the assets described above
and a full accounting of the estate assets attached to this Agreement as Exhibit "A",
Summary of Account.
d.
WITNESS:
Catharine Borda and Mary Abruzzese, as parties to this Agreement as beneficiaries of
Joseph A. Lawler, Jr.'s Estate, acknowledge 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.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
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Witness for David C. Miller, Jr., Esquire
Dated: ~' 12,,bB
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W fitness for atharine or a
Dated: ~ ~~ ~ ~~~
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David C. Miller, Jr., Esquire, individually and as
Counsel for the Estate of Joseph A. Lawler, Jr.,
Deceased
Catharine Borda, individually and s Executrix of
the Estate of Joseph A. Lawler, Jr., Deceased
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ess for atharine Borda
Dated: G~~Z 1 d
Witness for Mary Abruzzese
Dated: G ~ ~ 2 ~0 Q
Catharine Borda, individually and as Beneficiary
of the Estate of Joseph A. Lawler, Jr., Deceased
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ary Abru ese, ndividually, as Beneficiary
of the Est of Joseph A. Lawler, Jr., Deceased
SUMMARY OF ACCOUNT
Estate of Joseph A. Lawler, Jr.
Receipts: $813,373.79
Less Distributions:
Debts of Decedent -$7,506.58
Funeral Expenses -$14,537.39
Administration Expenses -$15,793.99
Federal and State Taxes -$87,832.49
Fees and Commissions -$6,000.00
Subtotal: -$131,670.45
Income Earned by Estate $0.00
Balance before Distribution: $681,703.34
RECEIPTS OF PRINCIPAL
Assets Listed in Inventory:
Real Estate:
5 Round Hiil Road
$178,000.00
Camp Hill, PA 17011
Subtotal of Real Estate: $178,000.00
Stocks 8 Bonds: None
Tangible Personal Property:
PNC Bank $1,260.75
Personal Property $2,000.00
Refund from Comcast $99.20
Refund from Johns Hopkins $90.00
Refund from AT&T $29.58
Refund of Real Estate Taxes at R/E Settlement ($1,165.97; $113.00- $1,278.97
Refund of Sewer Authority Charges at R/E Settlement $112.50
Refund from IRS - 2007 Personal Income Tax Return $1,596.00
Refund from Car Insurance $154.00
Refund from Homeowner's Insurance $173.19
Subtotal of Personal Property: $6,794.19
Jointly Owned Property: None
Inter-Vivos Transfers 8 Miscellaneous Non-Probate Property:
AUL Annuity $628,579.60
Subtotal of Inter-Vivos 8< Non-Probable Property: $628,579.60
TOTAL OF PRINCIPAL: $813,373.79
DISBURSEMENTS OF PRINCIPAL
Funeral Expenses:
Wiederman Funeral Home
-$12,038.27
Gingrich Memorials -$1,950.00
Funeral Luncheon -$549.12
Subtotal of Funeral Expenses: -$14,537.39
Administration Expenses:
Personal Representative Commission -Catherine Borda -$10,500.00
Probate Costs 8 Filing Fees ($298.00; $8.00; $38.00; $75.00) -$419.00
Deed Preparation Fee for Sale of Real Estate -$120.00
Home Repairs to Sell Real Estate ($46.60; $17.64) -$64.24
Home Cleaning & Trash Removal ($150.00; $105.00) -$255.00
Patriot News Advertising to Sell Real Estate -$248.20
Electrical Repairs for Home Inspection to Sell Real Estate -$1,000.00
Mileage for Executrix -$85.26
Notary Fee at R/E Settlement -$10.00
School District Taxes At R/E Settlement -$1,067.30
Transfer Tax at RIE Settlement -$1,780.00
Sewer Bill for EP Twp. At R/E Settlement -$115.00
Bank Charge for Checks -$19.99
Filing Fee for Inheritance Tax Return -$15.00
Filing Fee ror Inventory -$15.00
2007 Income Tax Preparation Fee -$60.00
Family Settlement Agreement Filing Fee -$20.00
Subtotal of Administration Expenses: -$15,793.99
Fees and Commissions:
July 2007 to December 2007 Law Office of David C. Miller, Jr. -$4,200.00
January 2005 to closing Law Office of David C. Miller, Jr. -$1,800.00
Subtotal of Fees and Commissions:
Debts of Decedent: Schedule I
Chase Credit Card Balance •$4,889.06
AT8~T -$70.09
Verizon -562.51
PP8~L -$380.03
PA Water Company -$99.12
Comcast -$108.79
Shipley Oil Company -$255.15
Johns Hopkins -Medical Bilis -$326.93
Reat Estate Taxes - EP Township -$533.fi5
Checks from Decedent's Checking Account -Cleared after I -$781.25
Subtotal of Debts of Decedent:
Federal and State Taxes:
Inheritance Tax Payment
PA Department of Revenue -Tax Prepayment $87,000.00
Discount $4,578.81
Total of Tax Prepayment and Discount $91,578.81
Total of Taxes Due -$92,411.30
2/25/2008 Final Tax Payment with Inheritance Tax Return $832.49
Subtotal of Prepaid Taxes and Taxes Due:
TOTAL DISBURSEMENTS OF PRINCIPAL:
RECEIPTS OF INCOME
Subtotal of Income Earned:
BALANCE FOR DISTRIBUTION
Balance for Distribution
Prior Distributions Catharine Mary
AUL Annuity $314,289.80 $314,289.80
Personal Property $1,000.00 $1,000.00
Subtotal: $315,289.80 $315,289.80
Remaining Balance for Distribution
11/17/2007 First Partial Distribution
Remaining Balance for Distribution
511 312 0 08 Bank Balance - 05!12!2008
Remaining Legal Fees
Filing Fee -Family Settlement Agreement
Subtotal for Distribution:
5!3012008 Flnal Distribution
$20,000.00 $20,000.00
$12,843.74
-$1,800.00
-$20.00
$11,123.74
Catharine Mary
$5,561.87 $5,561.87
-$8,000.00
-$7,506.58
-$87,832.49
-$131,670.45
$681,703.34
$630,579.60
$51,123.74
$40,000.00
$11,123.74