HomeMy WebLinkAbout07-22-09IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ANTHONY J. LUTZE, DECEASED
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No. 2008-00166 - =` -`-' --~
WAIVER, RECEIPT,
APPROVAL OF ACCOUNT -~ ~ ,-i
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RELEASE, AND AGREEMENT OF INDEMNITY ~_?`-~-' ~'
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The circumstances leading up to the execution of this instrument are as foll ows ~ .:ry-
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1. Anthony J. Lutze died on January 19, 2008, leaving a Will dated February 10,
2004, naming Leonard C. Morris, Jr. as Executor.
2. Letters Testamentary were granted to Leonard C. Morris, Jr. by the Register of
Wills of Cumberland County on February 15, 2008.
3. Those beneficiaries receiving specific bequests have already received those bequests
and have released the Executor (see Exhibit A, consisting of these releases, attached hereto).
4. It is the desire of the Anthony J. Lutze heirs that the Estate be distributed without
the formality of a court proceeding in order to save the expense, publicity, and delay incident
to such court proceeding, and the Executor is willing to make such distribution upon the
execution of this instrument.
5. An account of the administration of the Estate of Anthony J. Lutze has been
prepared by the Executor. A copy is attached hereto as Exhibit B.
6. In consideration of the foregoing, each of the undersigned hereby:
A. Represents and warrants that he/she has read and understands this
instrument and that the facts set forth above are true and correct to the best of his/her
knowledge, information and belief;
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B. Declares that he/she has examined the attached account of the administration
of the Estate and the attached schedule of distribution; that he/she finds them to be true and
correct in all particulars; that he/she accepts and approves them as if they had been duly filed,
audited, adjudicated and confirmed absolutely by the Orphans' Court Division of the Court of
Common Pleas of Cumberland County, and as if the amounts shown as distributable had been
duly awarded to him/her;
C. Waives the filing and auditing of the account of the administration of the
Estate in the Orphans' Court Division of the Court of Common Pleas of Cumberland County,
and agrees that the Orphans' Court Division of the Court of Common Pleas of Cumberland
County may by its decree confirm the account and approve the schedule of distribution;
D. Requests the Executor to make distribution of the principal and income in
accordance with the schedule of distribution, and effective upon delivery to him/her of the
amounts shown as respectively distributable, acknowledges receipt of such property;
E. Agrees to refund to the Executor any amount which may at any time be
determined to have been an erroneous distribution to him/her, regardless of the cause of such
erroneous distribution, even if attributable to negligence, and agrees that any period for the
limitation of actions for the collection of any erroneous distribution shall commence only at
such time as the Executor shall have obtained actual knowledge of such erroneous distribution
and that in no event shall the period for collection of any erroneous distribution be less than
two years after the actual discovery thereof;
F. Absolutely and irrevocably remises, releases, quitclaims and forever
discharges Leonard C. Morris, Jr., individually and in his capacity as Executor, from any and
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all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in
any way to the administration of the Anthony J. Lutze Estate;
G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Leonard C. Morris, Jr., individually and in his capacity as Executor,
from and against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of his
administration of the Estate, the settlement of his Executor's account and the distribution of the
assets of the Estate without having the formal approval of the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, including, but not limited to, any liability for
any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of three
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns.
Executed on:
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DATE DONNA BRADY '
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DATE DOROT NI. MORRIS
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DATE ~~ • ,EONARD C. MO ~ , JR
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MAY 2 1 2008
IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ANTHONY J. LUTZE, DECEASED
#2008-00166
I hereby acknowledge receipt of $1,000 from the Estate of Anthony J. Lutze. I
understand that this represents the full distribution. My signature below acknowledges receipt
of the check.
By my signature, I also agree to refund to the Executor any amount which may at any
time be determined to have been an erroneous distribution, regardless of the cause of such
erroneous distribution, even if attributable to negligence, and agree that any period for the
limitation of actions for the collection of any erroneous distribution shall commence only at
such time as the Executor shall have obtained actual knowledge of such erroneous distribution
and that in no event shall the period for collection of any erroneous distribution be less than
two years after the actual discovery thereof.
I agree to indemnify and hold harmless, to the extent of the funds received in this
distribution, Leonard C. Morris, Jr., individually and in his capacity as Executor, from and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of this
distribution of the assets of the Estate without having the formal approval of the Orphans'
Court Division of the Court of Common Pleas of Cumberland County, including, but not
limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other
death taxes, together with interest and costs incidental thereto, relating in any way to the
Estate.
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SHIRLEY WO
E~`~3iBIT I-1
MAY 2 7 2U~~
IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ANTHONY J. LUTZE, DECEASED
#2008-00166
I hereby acknowledge receipt of $1,000 from the Estate of Anthony J. Lutze. I
understand that this represents the full distribution. My signature below acknowledges receipt
of the check.
By my signature, I also agree to refund to the Executor any amount which may at any
time be determined to have been an erroneous distribution, regardless of the cause of such
erroneous distribution, even if attributable to negligence, and agree that any period for the
limitation of actions for the collection of any erroneous distribution shall commence only at
such time as the Executor shall have obtained actual knowledge of such erroneous distribution
and that in no event shall the period for collection of any erroneous distribution be less than
two years after the actual discovery thereof.
I agree to indemnify and hold harmless, to the extent of the funds received in this
distribution, Leonard C. Morris, Jr., individually and in his capacity as Executor, fram and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of this
distribution of the assets of the Estate without having the formal approval of the Orphans'
Court Division of the Court of Common Pleas of Cumberland County, including, but not
limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other
death taxes, together with interest and costs incidental thereto, relating in any way to the
Estate.
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ANTHON OLF .
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MAY 1 7 2008
IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ANTHONY J. LUTZE, DECEASED
#2008-00166
I hereby acknowledge receipt of $1,000 from the Estate of Anthony J. Lutze. I
understand that this represents the full distribution. My signature below acknowledges receipt
of the check.
By my signature, I also agree to refund to the Executor any amount which may at any
time be determined to have been an erroneous distribution, regardless of the cause of such
erroneous distribution, even if attributable to negligence, and agree that any period for the
limitation of actions for the collection of any erroneous distribution shall commence only at
such time as the Executor shall have obtained actual knowledge of such erroneous distribution
and that in no event shall the period for collection of any erroneous distribution be less than
two years after the actual discovery thereof.
I agree to indemnify and hold harmless, to the extent of the funds received in this
distribution, Leonard C. Morris, Jr., individuaL;~ and in his capacity as Executor, from and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of this
distribution of the assets of the Estate without having the formal approval of the Orphans'
Court Division of the Court of Common Pleas of Cumberland County, including, but not
limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other
death taxes, together with interest and costs incidental thereto, relating in any way to the
Estate.
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YN MACKAVAGE
MAY 2 J 2008
IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ANTHONY J. LUTZE, DECEASED
#2008-00166
The Holy Family Roman Catholic Church hereby acknowledges receipt of $500 from
the Estate of Anthony J. Lutze. I understand that this represents the full distribution. My
signature below acknowledges receipt of the check.
By my signature, the Holy Family Roman Catholic Church also agrees to refund to the
Executor any amount which may at any time be determined to have been an erroneous
distribution, regardless of the cause of such erroneous distribution, even if attributable to
negligence, and agree that any period for the limitation of actions for the collection of any
erroneous distribution shall commence only at such time as the Executor shall have obtained
actual knowledge of such erroneous distribution and that in no event shall the period for
collection of any erroneous distribution be less than two years after the actual discovery
thereof.
The Holy Family Roman Catholic Church agrees to indemnify and hold harmless, to
the extent of the funds received in this distribution, Leonard C. Morris, Jr., individually and in
his capacity as Executor, from and against any and all claims, loss, liability or damage
(including legal fees and costs in connection therewith) which he may suffer or to which he
may be subjected by reason of this distribution of the assets of the Estate without having the
formal approval of the Orphans' Court Division of the Court of Common Pleas of Cumberland
County, including, but not limited to, any liability for any federal estate tax, Pennsylvania
inheritance tax or any other death taxes, together with interest and costs incidental thereto,
relating in any way to the Estate.
I hereby Mate that I am au±horized to sign this document on behalf of the Holy Family
Roman Catholic Church.
HOLY FAMILY ROMAN CATHOLIC CHURCH
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BY: qtr ~_s=~!~I1 °`' ` 2/l~
BEFORE THE REGISTER OF WILLS,
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008-00166
FIRST AND FINAL ACCOUNT OF
LEONARD C. MORRIS, JR., Executor
For
ESTATE OF ANTHONY J. LUTZE, Deceased
Date of Death: January 19, 2008
Date of Executor's Appointment: February 15, 2008
Accounting for the Period: February 15, 2008 to June 30, 2009
PURPOSE OF ACCOUNT: Leonard C. Morris, Jr., Executor, offers this Account to
acquaint interested parties with the transactions that have occurred during his administration.
The Account also indicates the proposed distribution of the Estate.
It is important that the Account be carefully examined. Requests for additional
information or questions or objections can be discussed with:
Debra K. Wallet, Esquire
24 N. 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717) 737-1300
EXHIBIT B
SUMMARY OF ACCOUNT
Fiduciary
Current Acquisition
Page Value Value
Proposed Distribution
to Beneficiaries 7 $201,671.67
PRINCIPAL
Receipts 2-3
Less Disbursements
Debts of Decedent 3
Funeral Expenses 3
Administration Expenses 3
Federal and State Taxes 4
Fees and Commissions 4
Principal Balance on Hand
INCOME
Receipts 5
Income Balance on Hand
Balance Before Distributions
Distributions to Beneficiaries 6
Combined Balance on Hand
$234.56
2,462.51
804:64
32,906.91
5,000.00
$239,708.42
41,408.62
$198, 299.80
$6,871.87
6,871.87
$205,171.67
3,500.00
$201, 671.67
RECEIPTS OF PRINCIPAL
Assets Listed in Inventory:
(Value as of Date of Death)
Cash and Bank Deposits:
Sovereign Bank:
Checking Account #2291029053 $1,362.88
Savings Account #2294016510 22,426.65
CD #2295250118 131,108.20
M&T Bank
CD #31003914376619 37,670.92
CD #31003914376643 12,577.64
Coins 12.00
Cash in possession of Decedent 27.00
Tangible Personal Property:
1993 Chevrolet Corsica LT Sedan
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45 Savings Bonds
Refunds•
Comcast refund 29.29
Neumyer Funeral Home (overpayment 2,911.04
of son's funeral expenses)
TOTAL ASSETS LISTED IN INVENTORY:
$205,185.29
$500.00
$27,705.14
$2,940.33
$236,330.76
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Receipts Subsequent to Inventory
(Valued When Received)
12/17/08 Insurance from son Ron's death $2,231.39
12/22/08 Dauphin Co. Case Management 1,146.27
(son's burial reserve refund)
TOTAL RECEIPTS OF PRINCIPAL:
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent:
Neurology Center, P.C. $51.55
AT&T 14.68
Heritage Medical Group 57.33
Heistands Garage (vehicle inspection) 75.00
Penndot (vehicle registration) 36.00 $234.56
Funeral Expenses:
Neumyer Funeral Home, Inc. $552.00
Duke's (funeral luncheon) 910.51
Father John Acri 1,000.00 $2,462.51
Administration Expenses:
Probate Fees $405.00
Photocopies, postage, etc. 50.00
Penndot (vehicle title to sell auto) 22.50
Mileage of Executor (628 miles x $0.505) 317.14
Reserve for Filing of Account 10.00 $804.64
$239,708.42
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Federal and State Taxes:
PA Inheritance Tax $32,596.16
2008 PA Fiduciary Tax 160.75
Reserves for 2009 Fiduciary Taxes 150..00 $32,906.91
Fees and Commissions:
Debra K. Wallet, Esq. -Atty. fees $3,000.00
Leonard C. Morris, Jr. -Exec. fee 2,000.00 $5,000.00
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RECEIPTS OF INCOME
Interest
M&T Bank
CD Interest $966.10
(#31003914376619 & 31003914376643)
Sovereign Bank
CD Interest 5,793.81
(#2295250118)
2008 Interest 103.86
O1/09-02/09 Interest 8.10
TOTAL RECEIPTS OF INCOME:
$6,871.87
$6,871.87
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DISTRIBUTION TO BENEFICIARIES
TO: Shirley Wolfe
1305 Well Drive
Camp Hill, PA 17011
05/14/08 Cash Distribution
Anthony Wolfe, Jr.
6 Indiana Circle
Lemoyne, PA 17043
05/14/08 Cash Distribution
Marilyn Mackavage
603 River Stix
Mechanicsburg, PA 17055
OS/ 14/08 Cash Distribution
Holy Family Roman Catholic Church
25"' and Berryhill Streets
Harrisburg, PA 17104
05/14/08 Cash Distribution
TOTAL DISTRIBUTION TO BENEFICIARIES:
$1,000.00
$1,000.00
$1,000.00
$500.00
$3,500.00
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PROPOSED DISTRIBUTION TO BENEFICIARIES
TO: Donna Brady $50,417.92
326 Arbys Road
Harrisburg, PA 17109
Dorothy M. Morris 100,835.83
694A Julie Court
Mechanicsburg, PA 17055-6032
Leonard C. Morris, Jr. 50,417.92
694A Julie Court
Mechanicsburg, PA 17055-6032
TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $201,671.67
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