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HomeMy WebLinkAbout07-15-09IN RE: ESTATE OF ELIZABETH M. POTTEIGER a/k/a MARY ELIZABETH POTTEIGER, DECEASED 4::".t IN THE COURT OF COMIV#~f~,PLEA~ , CUMBERLAND CO., PENN~uc~bANl~-= ORPHANS' COURT DIVISIOA[ ~ ---- i"/. ~;~ C.TI ;_-,,- ; NO. 21-08-0905 ~:_ : =~ r n ~,,=~-i `:: ~ , , ~.> _ - C7 FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE IN ESTATE OF ELIZABETH M. _POTTEIGER a/k/a MARY ELIZABETH POTTEIGER. DECEASED KNOW ALL MEN BY THESE PRESENTS, that: WHEREAS, Elizabeth M. Potteiger a/k/a Mary Elizabeth Potteiger ("Decedent"), late of East Pennsboro Township, Cumberland County, Pennsylvania, died testate on August 27, 2008; WHEREAS, Letters Testamentary on the Estate of the Decedent, were duly issued by Glenda Farner Strasbaugh, the Register of Wills of Cumberland County to the Executrix, Linda K. Maronic n/k/a Linda M. Wagner on September 5, 2008; WHEREAS, the Executrix has gathered the assets of the Estate of the Decedent and the assets consist of personal property with a total liquidation value of $9,475.02 as set forth in the Statement of Account which is attached hereto and marked Exhibit "A"; WHEREAS, the Executrix has paid the debts of the Estate in the total amount of $2,674.01, as set forth in the Statement of Account; WHEREAS, the items of personal property referenced in Items III, IV, V, VI and VII were gifted inter vivos by the Decedent to her children and therefore are not part of the Decedent's Estate; WHEREAS, the Executrix has opted not to take a Personal Representative's Commission for serving as the Executrix and opted not to take the family exemption of $3,500.00 to which she would be entitled because she was residing with the Decedent at the time of her death; WHEREAS, the only beneficiaries of the Estate are the five residuary beneficiaries identified as Linda M. Wagner f/k/a Linda K. Maronic; Betsy Ibaugh; Samuel Potteiger; Geraldine Hodapp and Marlin Potteiger, who according to Item IX of the Decedent's Last Will and Testament are to share equally in the residue of the Estate; WHEREAS, the balance for cash distribution is the amount of $6,801.01, which will be distributed in accordance with the Statement of Distribution which is attached hereto and marked Exhibit "B"; NOW, THEREFORE, we, Linda M. Wagner f/k/a Linda K. Maronic; Betsy Ibaugh; Samuel Potteiger; Geraldine Hodapp and Marlin Potteiger, being the only five residuary beneficiaries of the assets of the Estate of Elizabeth M. Potteiger a/k/a Mary Elizabeth Potteiger, do hereby acknowledge that we have received the liquidated proceeds of all assets due us by virtue of the Decedent's Last Will and Testament as set forth on the Statement of Distribution and we do stipulate that in order to avoid the expense and time involved in the filing of a formal Account and Schedule of Proposed Distribution, we agree that no such formal Account and Schedule of Proposed Distribution are necessary and we consent to distribution being made without the formal filing of such documents. The Family Settlement Agreement and Final Release will be with the same force and effect as if the document had been filed and confirmed by the Cumberland County Orphans' Court Division; THEREFORE, we do hereby release, indemnify and forever discharge and hold harmless Linda K. Maronic n/k/a Linda M. Wagner, the Executrix, Jill M. Wineka, Esquire, and the law firm of Purcell, Krug & Haller, the Attorneys for the Estate, their assigns, executors and administrators, from all actions, suits, payments, accounts, and claims whatsoever, touching upon the Estate of the Decedent. We also agree that should any liability come due the Estate after the signing of this Agreement, the five of us shall be equally responsible for satisfying any and all fees, taxes, liabilities, claims, demands, suits or causes of action which may be successfully prosecuted or assessed against the Estate after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. The parties acknowledge that this Family Settlement Agreement and Final Release will be signed and notarized separately by each of the five beneficiaries. The five original signatures will be attached to the original Family Settlement Agreement and Final Release and filed of record with the Cumberland County Register of Wills. IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the dates as indicated below. WITNES ,~ ~~ Linda M. Wagner f/k/a Linda K. Maronic Date: ~ _ ~ ~~" ~ ~~ COMMONWEALTH OF PENNSYLVANIA ,./ ss: COUNTY OF~'r~~~~~ /~,a"' G~ On this, the (~ day of / ~ 2009, before me, a Notary Public, the undersigned officer, person Ily appeared Linda M. Wagner f/k/a Linda K. Maronic, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that she executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha d and official seal. 1 Public (SEAL) My Commission Expires: ~(,` (.,~`~~" ~V ~(~ ~r CI}>~i~iONYVEALTH OF PENNSYLVI4RilA NOTARIAL SEAL ~,;,i.NNE p~. OEi)ERER, Notary Public G~aa{~ N'sll Sr~~o, Cumb~~land Caun ~~ ~rr.~Aei~a Ex~ir~s ,~uQ. 20, IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the dates as indicated below. WITNESS: Betsy I~raug .~ _, Date: -_,~ i/A~ ~. ;i"~ ~~,~'~',` l COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~,i,;~j~~" ~~ °.c-l~x-~•~, ss: On this, the~X~ day of ~i_#~~,~ 2009, before me, a Notary Public, the undersigned officer, personally appeared Betsy Ibaugh, known to me (or satisfactori- ly proven) to be the person who name is subscribed to the within instrument, and acknowledged that she executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,11 PJ / f - 1 ~' ; J COMMONwEAL7i-6 OF PENNSYLVANIA ' ~ ':' ~:'~ /' s' ' (SEAL) ;vo~anal seal ota}ry Public McNssa J, C~reenw~od, 6~otary Public East Peru'~sta ~wep. ~nbaiand county My CornrnisS;sL',r~ >*.xpires May 16, 2011 \ --.~- M Commission Expires: I ~~~;, ~ I ~,, ~ti., i j Member. Parsrsy~`~rar=.i? As>nsiat;an of Notaries y IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the dates as indicated below. xVITNESS: ///~ \ ~.... ' ~y i0 ~ 1 {! ,2~ ~ ~ a ~ Samue otteiger Date: ~ ~~ © 1 COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF~~ve~-~~*~ On this, the ~pday of ~~~~~ 2009, before me, a Notary Public, the undersigned officer, personally appeared Samuel Potteiger, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. EAL) ~`ar'~+A~WL SEAS CA.Hf?1£ Jc?,?J SfiV'r?E';, iVO i"AMY °USf..IC ~yd ~F! f ,~,~; i ~ii~! i Y:'i', Cs~ 1J F'Y, r" i , r. IhI GLti ~ ~' i„1'r C:E~f,~i~i &'l)~d L'nWli-rc5 ~£P~. 7, c,.;..,,,._.,_..... 201 fl My Commission Expires: IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the dates as indicated below. WITNESS: STATE OF MISSOURI COUNTY OF :~~ Geraldine Hodapp Date: i ss: On this, the Q~ day of 2009, before me, a Notary Public, the undersigned officer, p onally appeared Geraldine Hodapp, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that she executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SHAWNA L. BURNS Notary Public-Notary Seal '~ STATE OF iViISSOURI (SEAL) Commissioned in Jackson County Commission ~ ;)x:413890 N a u Ic My Commissi.^.n Ex-~~i; t; rv,1ay 03,2012 My Commission Expires: ®J~~~~/~ IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the dates as indicated below. WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF s-' Marlin Potte ger Date: ~,~?/~, ss: On this, the ~(J" day of 2009, before me, a Notary Public, the undersigned officer, personal) appeared Marlin Potteiger, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. c ,. ~~.. ~ ~. ~;; ~ (SEAL) COMMONWEALI°H O~ pENNgYWANIA , of ry Public Notarial sal Public ~ ~ Marilyn D Muscarella. Notary ~~ State College Boro, Centre ~0 2012 1 My Commission Expires May ~ ~ .. My Commission Expires: ~' ~--1 .~-- STATEMENT OF ACCOUNT ASSETS: Citizens Bank, Checking Acct. No. 6100759490 -liquidation value $ 8,727.23 Hoover Funeral Home & Crematory, Inc. -refund from Burial Trust 172.76 Humana -premium refund 29.60 Highmark -premium refund 335.78 PSERS -pension benefits owed 209.65 TOTAL ASSETS ~~' DEBTS: Register of Wills -probate fees for Decedent's Estate $ 45.00 Register of Wills - JCP fee, automation fee, Short Certificates 38.00 Verizon -phone services 23.23 PA Department of Revenue -inheritance taxes 96.59 Purcell, Krug & Haller -attorney's fees from 9/2/08 through 10/15/08 (discounted) 1,200.00 Register of Wills -fee to file Inheritance Tax Return 15.00 Purcell, Krug & Haller -attorney's fees from 10/16/08 through 06/09/09 (discounted) 1,200.00 Purcell, Krug & Haller -postage for regular and certified mail 36.19 Register of Wills -fee to file Family Settlement Agreement 20.00 TOTAL DEBTS EXHIBIT "A" STATEMENT OF DISTRIBUTION TOTAL GROSS ASSETS: $9,475.02 TOTAL GROSS DEBTS: 2 674.01 TOTAL FOR DISTRIBUTION .$Q~_ CASH DISTRIBUTIONS PREVIOUSLY MADE TO FIVE RESIDUARY BENEFICIARIES DIRECTLY BY PSERS: Refund from PSERS Pension: $209.65 Linda M. Wagner $41.93 Betsy Ibaugh 41.93 Samuel Potteiger 41.93 Geraldine Hodapp 41.93 Marlin Potteiger 41.93 $209.65 TOTAL CASH DISTRIBUTIONS - 209.65 BALANCE FOR CASH DISTRIBUTION: $~ Linda M. Wagner $1,318.28 Betsy Ibaugh 1,318.27 Samuel Potteiger 1,318.27 Geraldine Hodapp 1,318.27 Marlin Potteiger 1,318.27 EXHIBIT "B"