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Home My WebLink About08-13-08IN RE: IN THE COURT OF COMMON ESTATE OF PLEAS OF CUMBERLAND COUNTY, RAYMOND L. SCHAFFER PENNSYLVANIA RAYMOND L. SCHAFFER ORPHANS COURT DIVISION REVOCABLE LIVING TRUST NO. 21-06-0423 ORDER OF COURT AND NOW, this ~ day of August, 2008, upon consideration of the First and Final Account filed by Patricia A. Wenrich at No. 21-2006-0423, and the objections to attorney fees filed by Patricia A. Wenrich, and the Settlement and Mutual Release Agreement by and between Patricia A. Wenrich and Gates, Halbruner & Hatch, PC, it is hereby ordered that the attached Amended Statement of Proposed Distribution, consisting of three pages, is hereby approved, Patricia A. Wenrich is instructed to make distribution in accordance therewith, and Ronald E. Johnson, Esquire is discharged as auditor in this matter. By the Court, ~. ~~--~ ~' r-, J"'Wesley Oler, ., J. f. Lowell R. Gates, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Patricia A. Wenrich 4 Laurel Drive Mechanicsburg, PA 17055 Ronald E. Johnson, Esquire 78 W. Pomfret Street Carlisle, PA 17013-3216 Office of the Attorney General Joanne Book Coles, Esquire Charitable Trust & Organizations Section 14`" Floor, Strawberry Square Harrisburg, PA 17120 .., _~ ., ~. ~ , , C' In Re: R.L.S. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-0423 ORDER DATE: 8/13/0 JUDGE'S INITIALS: TIME STAMP DATE: CERTIFICATE OF SERVICE OF ORDER IN RE: ORDER OF COURT _ SERVICE TO: LOWELL R GATES _ PATRICIA A WENRICH _ RONALD E JOHNSON _ METHOD OF MAILING: ENVELOPES PROVIDED BY: ® LISPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 8/14/08 ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: OFFICE, OF ATTORNEY GENERAL _ METHOD OF MAILING: ® LISPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 8/14/08 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy ~ Clerk of Orphans' Court AMENDED STATEMENT OF PROPOSED DISTRIBUTION CURRENT PROPOSED DISTRIBUTION Please note that, to maximize the payment of the specific bequests of $10,000.00 each to the named benefcciaries of the Trust, the Successor Trustee elected the 5 year payout option of the National Western Annuity Certificate #0101059759. Accordingly, the distributions of the specific bequests to the beneficiaries have been calculated in three (3) payments commencing on the date of the issuance of an Order by the Cumberland County Orphans' Court indicatin~,~ approval of the First and Final Account, and annually thereafter. Monthly Annuity payments in the amount of $1,319.70 will continue to accrue through March 5, 2011. Assets currently available for distribution, including annuity payments since the date of death in the amount of $34,312.20 $48,009.42 Assets currently available to be distributed as follows: Patricia A. Wenrich, Successor Trustee and Administratrix d.b.n. c.t.a Commission 5,000.00 Ronald E. Johnson, Esquire, Auditor Fee 100.00 Gates, Halbruner & Hatch, P.C. Unpaid Legal Fees 16,555.00 Costs of Accounting: Filing Fees, Certified Mailings 300.00 - 21 955.00 Balance $26,054.42 ls` Proposed Distribution (2008) St. Stephen's Lutheran Church $ 3,250.00 Trinity United Methodist Church 3,250.00 The Salvation Army 3,250.00 George Wenrich Estate 3,250.00 Mary Dorman 3,250.00 Ramona Chenoweth 3,250.00 Wenda L. Ritter 1,625.00 Miriam M. Brown 0.00 - 21 125.00 Reserve Balance C/F to 12/31/2009 $4,929..42 DECEMBER 31, 2009 PROPOSED DISTRIBUTION Reserve Balance B/F to 12/31/2009 National Western Annuity Monthly Payments pending from 05//05/08 through 12/31/2009 (20 payments @ $1,319.70) Assets Available for Distribution as of 12/31/2009 as follows: 2"d Proposed Distribution on 12/21./2009 St. Stephen's Lutheran Church Trinity United Methodist Church The Salvation Army George Wenrich Estate Mary Dorman Ramona Chenoweth Wenda L. Ritter Miriam M. Brown Reserve Balance C/F to 03/05/2011 Summary of Proposed Distributions through 12/31/2009 St. Stephen's Lutheran Church $7,250.00 Trinity United Methodist Church 7,250.00 The Salvation Army 7,250.00 George Wenrich Estate 7,250.00 Mary Dorman 7,250.00 Ramona Chenoweth 7,250.00 Wenda L. Ritter 3,625.00 Miriam M. Brown 0.00 $4,929.42 26,394.00 $31,323.42 $ 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 2,000.00 0.00 26,000.00 $ 5,323.42 2 MARCH 31, 2011 PROPOSED DISTRIBUTION Reserve Balance B/F to 03/05/2011 $ 5,323.42 National Western Annuity Monthly Payments pending from 05/05/08 through 12/3 l /2009 (15 payments @ $1,319.70) 19,795.50 Assets Available for Distribution as of 03/05/2011 $25,118.92 as follows: 3~d and Final Proposed Distribution upon termination St. Stephen's Lutheran Church $2,750.00 Trinity United Methodist Church 2,750.00 The Salvation Army 2,750.00 George Wenrich Estate 2,750.00 Mary Dorman 2,750.00 Ramona Chenoweth 2,750.00 Wenda L. Ritter 1,375.00 Miriam M. Brown 0.00 17,875.00 Balance remaining after final distribution of Specific Bequests to Beneficiaries (Trust Remainder) 7 243.92 Summary of Specific Distributions through 03/05/2011 St. Stephen's Lutheran Church $10,000.00 Trinity United Methodist Church 10,000.00 The Salvation Army 10,000.00 George Wenrich Estate 10,000.00 Mary Dorman 10,000.00 Ramona Chenoweth 10,000.00 Wenda L. Ritter 5,000.00 Miriam M. Brown 0.00 Total $65,000.00 George Wenrich Estate -Trust Remainder $ 3,622.92 (Pursuant to Article III § 3.03 Paragraph 1 of the Trust, as Amended 08/20/3003) Gates, Halbruner & Hatch, PC $ 3,621.00 - 7 243.92 Balance $ 0.00 3 z SETTLEMENT AND MUTUAL RELEASE AGREEMENT THIS SETTLEMENT AND MUTUAL RELEASE AGREEMENT (hereinafter, this "Agreement") is made as of this ~ ~ day of July, 2008 by and between PATRICIA A. WENRICH, personally and as Successor Trustee of the Raymond L. Schaffer Revocable Living Trust and as Administratrix of the Estate of Raymond L. Schaffer, now of 4 Laurel Drive, Mechanicsburg, Pennsylvania 17055 (hereinafter "Wenrich") an~~ GATES HALBRUNER & HATCH, PC, now of 1013 Mumma Road, Suite 100, Lemoyne, Pennsylvania 17043 (hereinafter as "GHH"). Wenrich and GHH will be collectively referred to hereinafter as the "parties." The Parties to this Agreement now desire to settle fully and finally any and all controversies, claims, demands, actions, causes of action, or suits whatsoever which may now exist or may hereafter arise in connection with the Raymond L. Schaffer Revocable Living Trust (hereinafter the "Trust") and the Estate of Raymond L. Schafferr (hereinafter, the "Estate"), and in particular, the Objections dated June 10, 2008 and filed by Wenrich on June 11, 2008 against the First and Final Account of the Estate and Trust (hereinafter, the "Objections"). NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the parties agree as follows: 1. Wenrich agrees to settle the Objections, with prejudice, and withdraw all claims asserted therein or which could have been asserted therein against the Estate, the Trust, or GHH. In exchange for the mutual releases provided for in the Agreement:, the parties hereto agree as follows: a. The Trust will pay to GHH the sum of $20,526.00, in full satisfaction of GHH's current and future claims for legal fees and costs. This sum will k>e paid in two installments. The first installment of $16,855.00 will be paid immediately upon the Court's approval of this Agreement, and the second installment of $3,671.00 will be paid in calendar year 2011 along with thE; third and final payment as specified in the Statement of Proposed Distribution. b. For no additional charge, GHH will prepare the fiduciary income tax returns for the Estate and Trust for calendar years 2006 through 2011 (final return). c. For no additional charge, GHH will assist Wenrich with the first, second and third periodic distributions as specified in the Statement of Proposed Distribution as approved in the First and Final Account. -1- d. For no additional charge, GHH will prepare and file a final Status Report with the Register of Wills Office. This Agreement will be subject to the review and approval of the Court of Common Pleas of Cumberland County. 2. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Wenrich and her predecessors, successors, and assigns, do hereby remise, release and forever discharge GHH, its agents, representatives, successors and assigns, from any and all manner of actions and causes of actions, suits, debts, damages, losses, costs, penalties, dues accounts, bonds, covenants, contracts, agreements, judgments claims, and demands whatsoever at law or in equity, whether known or unknown to the date of this Agreement, which Wenrich may have against GHH and its agents, representatives, successors, and assigns, which Wenrich ever had, now has or which her predecessors, successors and assigns, or any of therri, hereafter can, shall or may have, for, or by reason of any cause, manner, or thing whatsoever in connection with based upon, arising out of, or in any way respecting the Estate and Trust and the Objections filed by Wenrich against the First and Final Account of the Estate and Trust. 3. For good and valuable consideration, the receipt and sufficiency of whicri is hereby acknowledged, GHH and its predecessors, successors, and assigns, do hereby remise, release and forever discharge Wenrich and her agents, representatives, successors and assigns, from any and all manner of actions and causes of actions., suits, debts damages, losses, costs, penalties, dues, accounts, bonds, covenants, contracts, agreements, judgements, claims, and demands whatsoever at law or in equity, whether known or unknown to the date of this Agreement, which GHH may have against Wenrich and her agents, representatives, successors, and assigns, which GHH ever had, now has or which its predecessors, successors and assigns, or any of them, hereafter can, shall or may have, for, or by reason of any cause, manner, or thing whatsoever in connection with, based upon, arising out of, or in any way respecting the Estate and Trust and the Objections filed by Wenrich against the First and Final Account of the Estate and Trust. 4. All of the Parties hereto agree to take such further action and execute ar~d deliver such additional documents as may be reasonably necessary or appropriate to effectuate the terms of this Agreement on or before July 31, 2008. 5. Pennsylvania law shall govern the validity, construction, interpretation, and effect of this Agreement. 6. Except as provided in Paragraphs 1, 2 and 3 of this Agreement, this Agreement shall not benefit any person or entity, or create any right or cause of action in, on behalf of, or against any person or entity, other than the parties hereto. -2- 7. It is understood and agreed that this settlement is not to be construed as an admission of liability on the part of any party hereto, but merely as an act to avoid litigation. 8. This Agreement contains the entire agreement of the Parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous written and verbal agreements and understandings. 9. This Agreement may not be changed, amended or modified except by a writing signed by all of the parties hereto. 10. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 11. The Parties hereby represent and warrant that the execution, delivery arnd performance of this Agreement is fully authorized and within the power of the individual executing on behalf of the party to fully and completely bind that party. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and respective seals as of the day and year first above written. Estate of Raymond L. Schaffer Raymond L. Schaffer Revocable Living Trust C~~~~~' tit.. ~ (, X'~`~'~~ BY: Patricia A. Wenrich, personally, Successor Trustee and Administratrix Gates Halbruner,& Match, PC <! ~/ Lowell ~ Gates, Esq. -3-