HomeMy WebLinkAbout05-04-09PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF
THE STATUS OF THE ESTATE. IF ESTATE I5 NOT COMPLETED, FILE a 6.12 FORM YEARLY
UNTIL COMPLETION
STATUS REPORT UNDER RULE 6.12
Name of Decedent: WILMA C. BROWN
Date of~Death: January 24. 2006
Estate No.: FILE NO 2006-00232
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect
to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes x No
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete: N/A
(date)
3. If the answer to No. 1 is yes, state the following:
A. Did the personal representative file a final account with the court?
Yes No x
B. The separate Orphans' Court No. (if any) for the personal representative's
account is: N/A (Not Applicable in Dauphin County)
C. Did the personal representative state an account informally to the parties in
interest? A Yes Y No
D. Copies of receipts, releases, joinders and approvals of formal or informal
accounts may be filed with the Clerk of the Orphans' Court and ma be attached
N . B . CopX of Reaffirmation of Family Settlement Agree-
tothisreport. ment and Finah Release with gamily Settlement and Complete
General Release executed by beneficiary Ch rl s .Lorenz, together with copies
of signature pages of same 1 'c' ri her orenz d exander
Date: April 30, 2009
gnature
*Lorenz attached hereto.
John J. Krafsig, Jr., Esquire
Name (Please type or print)
2921 N. Front Street
Harrisburq, Pennsylvania 17110
. ,..f~
{MAH:rmUAM3)
L ( : ~ t.1 _ ._ r
„~, ~ _ i
Capacity:
Address
717-236-2109
Telephone No.
Personal Representative
x Counsel for Personal Representative
R.W. - 58
STIPULATION AND REAFFIRMATION
OF
FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE
IN THE
ESTATE OF WILMA C. BROWN, DECEASED
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
NO. 2006 - 00232
WHEREAS, WILMA C. BROWN, died testate on January 24,
2006, a resident of Cumberland County, Pennsylvania, leaving a'`
Hiill, a copy of which has been previously provided to all bene-
f`iciaries and incorporated by reference. Said Will was duly
probated on June 15, 2006 in the Office of Register of Wills of
Cumberland County, Pennsylvania to File No. 2006-00232.
WHEREAS, Letters Testamentary were issued to the named
Executor, Dr. Michael L, Sams, under date of June 15. 2006.
WHEREAS, the said Executor gathered the assets of the
Estate of the Decedent, consisting of both real property and tan-
gible and intangible personal property.
WHEREAS, the said Executor filed and paid all
Inheritance Taxes due and owing for the Estate, which was duly
approved by the Pennsylvania Department of Revenue on October 30,
2006.
WHEREAS, the said Executor filed Federal and State
Personal and Fiduciary Income Tax Returns, has reserved the sum
of $5,000.00 in the Estate Account for the Final Fiducitary Returns
for the year 2008. Additionally, the Executor has paid all other
- 1 -
final debts of the decedent and expenses related to the administra-
tion of the Estate.
AND WHEREAS, the Executor provided to the three (3)
designated beneficiaries of the Will of the Decedent, Sherry
Lorenz, Charles Lorenz and Alexander Lorenz, a concise summary
of assets, expenses and costs'~nd numerous ancillary matters in-
~~olved in the administration of the Estate; and inter alia Agree-
ment to eliminate formal administration of the Estate by Formal
Audit and Account to the distribution of the sums set forth and
also releasing the Executor and the Attorney for the Estate from
their further obligations. The said executed Family Agreements
c>f each beneficiary are marked as Exhibit "A" and made a part
hereof .
AND WHEREAS, the Executor is showing the balance for
distribution, which-has beef reduced to cash and will be dis-
i:ributed pursuant to the terms of the said said Will and the said
family Agreements.
s
AND WHEREAS, the Stipulation is to reaffirm the Family
;Agreements of the beneficiaries in Exhibit "A", which provides
additionally the sum of $2,500.00 reserve for contigenency for
possible litigation with Arthur Brown, Jr., which has now con-
clusively been resolved by his Release; therefore $1,250.00
shall be paid Sherry Lorenz and $1,250.00 to Alexander Lorenz
and additionally credit Charles Lorenz with $833.33 of the same.
- 2 -
WE DO HEREBY FURTHER STIPULATE, to avoid expense and
t:ime involved in the filing of a Formal Acount, we affirm that
no account is necessary and we hereby agree and consent to dis-
tribution being made without the formal filing of an account
and schedule distribution, the same to be with the same force and
effect as if they had been filmed and confirmed by the Orphans'
Court Division of the Court of Common Pleas of Cumberland County,
as set forth in the prior Family Settlement Agreement.
THEREFORE, I, the within named beneficiary, do hereby
release and forever discharge the Executor, his heirs, administra-
tors, heirs and assigns and John J. Krafsig, Jr., Esquire, his
'heirs and assigns, in the Estate of Wilma C. Brown, from all
actions, suits, payments and demands whatsoever, or by reason
thereof, of any matter touching upon the Estate of the Decedent;
amd further agree with*the exception of Charles Lorenz that
they covenant to the said Executor, that they would contribute
to the said Executor, to satisfy any and all claims, demands,
suits which may be sucessfully presented against the Estate or
its representatives, after the signing of this Reaffirmation and
Stipulation of said Family Agreement.
IN WITNESS WHEREOF, I, Charles Lorenz .-
have set my hand and seal this ~J~~~ day of rL. 2009,.
intending to be legally bound heret~
(SEAL)
- 3
IN RE: ESTATE OF
WILMA C. BROWN
Date of Death: 1/24/2006
so
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
FILE NO. 2006=00232
FAMILY SETTLEMENT AGREEMENT. AND
COMPLETE GENERAL AND INDIVIDUAL RELEASE
KNOW ALL PERSONS BY THESE PRESENTS, that I,
` CHARLES LORENZ (No. GZ-9545) , presently. of Attention: WARDEN,
_SCI-Albion, 107745, Route 18, Albion, Pennsylvania 16475-0041,
as a beneficiary of the above mentioned Estate hereinafter
referred to as the "Releasor" who with .the intent to legally bind
myself, my respective heirs, representatives, successors assigns
executors and administrators, do execute.this_Release in favor
of myself as the beneficiary of the ESTATE OF WILMA C: BROWN, and
individually, and my .heirs, executors, administrators and assigns,
as followsc
(a) I Hereby voluntarily.~nd':knowingly'release and
discharge the Executor, Michael L. Sams and John J. Krafsig, .
Jr., Esquire, Attorney for the- ESTATE OF WILMA C. .BROWN, .
their executors, administrators, heirs and assigns from all
claims, liability, past, present and future, at the time of the
execution of this Release.
(b) As a beneficiary of the within Estate, I further
- 1
EXHIBIT "A"
~-~
.~-' ~,~
..-'
~'
hereby acknowledge and approve the adjusted summary of the balance
of the Estate to wit:
ASSETS:
Total value of all assets of the estate --
Real Estate at 25 Chestnut Street, Camp
Hill, Pa.; small tract in Middletocan (unable
to develop); land in Florida; stock and
bonds with Janney, Montgomery Scott w/ money
money market account; various checking
accounts, coins~.miscellaneous additional
income and refunds, dividends and interest
.earned, etc ..................... ......$414,445.e~3
(Note: Vehicle -- value $200.00 was a
specific bequest to Debbie Lorenz. and
therefore not included. Also, personal
property had no value and specific
bequests were disposed before her death)..
EXPENSES, ADMINISTRATIVE COSTS, ETC. --
Costs in administering estate, including
time and substantial effort to obtain
approval to use copy of Will, research
decedent's records of what could be
located to obtain assets and debts and
deny alleged claim of Arthur Brown, Jr.,
prepaid Inheritance Tax, Attorney's fee
and Executor's fee to administer Estate,
filing numerous delinquent income tax
return and payment delinquent taxes,
learning that 2003 was never filed by
Power of Attorney and that there was
$34,148.51 penalty and interest due
and .owing, was substantially reduced
after diligent effort -and:; :hiring an:
` CPA to assist with the government agencies.
Paid -all bills incurred by:-de~ceflent: Paid
all delinquent taxes and fees on the-.time
shares, plus costs irk trying to sell them,'
without success and turned the time shares
back to them in order not order not to
incur any additional fees and costs, as
foreclosure was inevitable.
Received unpaid tax bills on properties in
Florida, thereby learning of property
owned in Florida, which had to be located,
pay back taxes, engage an attorney in
Florida to probate Will and administer
estate in order to sell real estate,
together with paying all costs and
expenses to sell property.
- 2 -
_,.
f~'"~
Costs tv sell property in Camp Hill and
Middletown and payment of all back taxes.
A CPA had to be engaged to check and file
all income taxes for a number of years
2003, 2004, 2005, 2006 200 and check if
there were any other taxes due or not
filed prior thereto, because of prior
problems in order to clear all taxes. ~~ '
Presently to the best of our knowledge,
payment of all state and federal income
taxes to date 2007 ....................:$103,445.33
~~
Balance for distribution ......................$311,000.00
,,
(c) Pe'r letter to beneficiaries, we are holding in ~~
escrow $5,000.00 for any additional taxes and expenses and taxes
due for 2008, etc, and $2,500.00 if your uncle, Arthur Brown,
Jr. would proceed to pursue alleged claim against the estate, ~-~
9
and. if he does not, the money prorated for that will be allocated
to the beneficiaries, Sherry and Alexander; thereby leaving a
balance of $303,500.00 for distribution, of which $101,166.66
is to be initially credited to the three (3} beneficiaries.
As further noted from the documentation from "JMS" Sherry
received $26,.221.52 prior to Mrs. Brown's death, therefore
restitution to Alexander of the $26,221.52, together with
.:
$1,450.00 for cleaning of the house acknowledged. by.Sherry to
his share of $101,166.66, thereby reducing Sherry's share to
.$7'7,512.34. From the sum allocated to Alexander of $101,166.66,
inr_luding the allocation of $26,221.50 and the $1,450.00, would
provide~Alexander with $129,955.34 and Sherry's to $73,495.14.
However, on the restitution to Sherry from Charles' share of
$101,166.66 or $51,866.92 would be an add on to her share
$124,078.47 and the other $51,866.92 would be added to Alexander's
share or a total of $179,421.51.
• _- 3 -
This would leave Charles of credits for restitution to
Sherry and Alexander of $101,166.66. The payment of that would
be exclusively worked our between. the three beneficiaries under
such terms as you mutually agree to. The only other provision'
or stipulation would be because of Inheritance Tax not paid on
that money, the restitution moneys received from Charles there- _.
after, every six months thereafter would be payable at the rate•~~~
of 4.5~ to the Commonwealth ,of Pennsylvania, Department of
Revenue, Bureau of Individual Taxes, Inheritance Tax Section, P.O.
Box 280601, Harrisburg, Pennsylvania 17128-0601 and indicated on
the check the File No. 00232 of 2006, Estate of Wilma C. Brown.
(d) That as the "Releasor" further acknowledges of the
right of discussion with the Attorney for the Estate of the right
to request formal audit and account administration in closing out
the said Estate; and I amAfully agreeable to exercise the option
to eliminate the completion of formal administration in closing
out the Estate by Formal Audit and Account; and to do so, by means
of informal administration involving of: this Release, pursuant
to the terms of the Will of the late Wilma C. Browm.
AND WHEREAS, in considerat,.ion of the payment of the
said bequest, pursuant to the said Will and set forth in the
notice to the beneficiaries, the "Releasor" releases the Executor
and Attorney for the Estate from any and all claims or further
responsibility and waiver of any further notice by the Court and
t:he right to a formal account.
IN WITNESS WHEREOF, I, the "Releasor" intending to be
- 4 -
€ualy and legally bound under the laws of the Commonwealth of
Fennsylvania and the State or jurisdiction in which I reside.
have set my hand and seal this l~ day of p ~w ,
2008. .
~~ ~ ~ SEAL:);:
C RLES L'0 NZ
"Releasor" nd be Ciary of ~
the Estate of WIL C: BROWN ,`.
p
,~
- 5 -
WE DO HEREBY FURTHER STIPULATE, to avoid expense and
time involved in the filing of a Formal Acount, we affirm that
no account is necessary and we hereby agree and consent to dis-
tribution being made without the formal filing of an account
and schedule distribution, the same to be with the same force and
effect as if they had been filed and confirmed by the Orphans'
Court Division of the Court of Common Pleas of Cumberland County,
as set forth in the prior Family Settlement Agreement.
THEREFORE, I, the within named beneficiary, do hereby
release and forever discharge the Executor, his heirs, administra-
tors, heirs and assigns and John J. Krafsig, Jr., Esquire, his
heirs and assigns, in the Estate of Wilma C. Brown, from all
actions, suits, payments and demands whatsoever, or by reason
thereof, of any matter touching upon the Estate of the Decedent;
amd further agree ~sith"`the exception of Charles Lorenz that
they covenant to the said Executor, that they would- contribute
to the said Executor, to satisfy any and all claims, demands,
suits which may be sucessfully presented against the Estate or
its representatives, after the signing of this Reaffirmation and
Stipulation of said Family Agreement.
IN WITNESS WHEREOF, I, Sherr y Lorenz
have set my hand and seal this _~_day of M 2009,.
intending to be legally bound hereto.
- 3
bound under the laws of the. Commoriwe~lth of
Pennsylvania and the State or jurisdiction in which I reside
ha~Te set my hand and seal this ~`^day of October ,
2008.
~ "SEAL )
SHERRY LORENZ
"Releasor" a benefici y f'`.,~. ;
the Estate of WILMA C B WN
x
5
WE DO HEREBY FURTHER STIPULATE, to avoid expense and
time involved in the filing of a Formal Acount, we affirm that
no account is necessary and we hereby agree and consent to dis-
tribution being made without the formal filing of an account
and schedule distribution, the same to be with the same force and
effect as if they had been filed and confirmed by the Orphans`
Court Division of the Court of Common Pleas of Cumberland County,
as set forth in the prior Family Settlement Agreement.
THEREFORE, I, the within named beneficiary, do hereby
release and forever discharge the Executor, his heirs, administra-
tors, heirs and assigns and John J. Iirafsig, Jr., Esquire, his
heirs and assigns, in the Estate of Wilma C. Brown, from all
actions, suits, payments and demands whatsoever, or by reason
thereof, of any matter touching upon the Estate of the Decedent;
amd further agree with•the exception of Charles Lorenz that
they covenant to the said Executor, that they would contribute
to the said Executor, to satisfy any and all claims, demands,
suits which may be sucessfully presented against the Estate or
its representatives, after the signing of this Reaffirmation and
Stipulation of said Family Agreement.
IN WITNESS WHEREOF, I, Alexander Lorenz ,
have set my hand and seal this ~ day of ~~ 2009,
intending to be legally bound hereto.
~ J (SEAL)
~`~Alexa er Lor
- 3 -
r e'a;a
T q.
r ~~_J
~ `, F~
J
~D+r
1 C: ~ ~ ~~
t)rl
4 1
i ~ } ~ j,~
fully and. legally bound under-the laws of the Commonwealth of ~'~
S r "~
~„~
.Pennsylvania and the-.State or jurisdiction in which I reside `,,~~
October.
have set my hand and ` eal this ~ day of
~] t-
~~ (SEAL).
ALEXANDER LORENZ
"Releasor" and beneficiary. of~..`°
the Estate of WILMA C_ BROWN
NOTARY PUBLIC =State of Kansas
KRYSTAL_
MY AppL Exp. 0 U
e
- 5 -