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HomeMy WebLinkAbout08-21-09 (2)~~_ ~o~a P7NQLY IU~tE~iT p T8I8 iT, made as of this L~L'@/ day of .ill 2009, by and between Lorraine A. Elscheid, Individually, and Lorraine A. Elscheid as Executrix of the Estate of Edward A. Elscheid II, deceased, late of Newberry Township, York County, Pennsylvania. 1PlTliE$$ETH Lorraine A. Elscheid, acting individually and as acting executrix of Edward A. Elscheid II, estate, intending to be legally bound hereby, promise, declare and agree as follows: The said Edward A. Elscheid II, died a married man on September 19, 2008, leaving a Last Will and Testament and a resident of Cumberland County, Pennsylvania. The said Last Will and Testament dated July 21, 1995, was probated by the Register of Wills of Cumberland County, Pennsylvania, which Will is hereby referred to and made part hereof by reference. Letters Testamentary were issued by the Register of Wills of Cumberland County, Pennsylvania to Lorraine A. Elscheid, as Executrix, one of the Parties hereto, wherein the said Edward A. Elscheid II devised his entire estate to Lorraine A. Elscheid, his widow who is now living and party hereto provided she survives his death by 90 days which has happened. The said Letters Testamentary on the Estate of Edward A. Elscheid II were not advertised as provided by law. Lorraine A. Elscheid, as Executrix and individually, acknowledges that she fully knows the legal benefits as against unpaid creditors as if by advertising the Estate as provided by law and the filing of a First and Final Account with court adjudication of the account as compared to Family Agreement. A courts adjudication of the account could be used as a defense against unpaid creditors not listed on account. 5. A State Inheritance Tax Return was filed on 03/ /09 with the Register of Wills and no Inheritance Tax is due as sole beneficiary is his widow. 6. Lorraine A. Elscheid desires and agrees to finall and permanently settle her respective interests in th~ stat~of Edward A. Elscheid II actin as Executrix and be ciar -, ~' g ~ c i i without the formalities of the filing of a First cY:'in Account and the Adjudication thereof and have did#. _~µte~to"~'; herself her respective share in the assets of the=~ "' 1 ;-~o~~ a ~_. ra,- ' ~ ~; ~ __ -1 ~" Estate as hereinafter set forth. ASSETS 1. 1641.1825 Shares of Duke energy @ $17.97 2. 1123.8836 Share of DTE Energy Co @ $42.33 583.6699 Shares of Spectra Energy Corp. at $25.71 4. Contributed to Estate estates by Lorraine Elscheid, individually TOTAL DOTS 1. Robert E. Myers Attorney Fees 2. Register of Wills Probate Fee 3. Register of Wills Additional Probate Fee 4. Register of Wills-File Inheritance Tax Return 5. Register of Wills-File Release 6. " Edward Jones Transfer Stock 7. Robert E. Myers-Postage TOTAL TOTAL ASSETS LESS TOTAL DEBTS tiET HAL11tiCH 8'OA DISTRIBUTIOE SCHEDULE O! DIST!lZEiTPIgi $29,492.05 $47,573.99 $15,005.49 $ 1,017.84 $93,089.37 $ 750.00 $ 181.00 S 75.00 $ 15.00 S 20.00 $ 8.00 $ 3.84 $ 1,017.84 $93,089.37 $ 1,017.84 $92,071.53 Lorraine A. Elscheid - Individually 3816 Seneca Avenue Camp Hill, PA 17011 In Kind - 1641.1825 Shares Duke Energy @ 17.97 $29,492.05 In Kind - 1123.8836 Shares DTE Energy @ $42.33 $47,573.99 In Kind - 583.6644 Shares Spectra Energy @ $25.71 $15,005.49 TOTAL 592,071.53 7. Lorraine A. Elscheid, Individually hereby accepts, approves and agrees that the said accounting of the assets 2 liabilities and Schedule of Distribution shall have the same force and effect as if a First and Final Account has been filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, by the Executrix with a proposed Schedule of Distribution as if the said First and Final Account had been adjudicated and confirmed absolutely by the Court of Common Pleas of Cumberland County, Pennsylvania, Orphan's Court Division, and the said Court approved the said Schedule of Distribution. 8. There are no liabilities of the Edward A. Elscheid II Estate known by her except those herein set forth and any additional Inheritance Tax that may be determined to be due; and in the event any legal claims hereafter appear, Lorraine A. Elscheid agrees to refund to the said Estate any amount of monies received or hereafter received in pursuance to this Agreement as may be necessary in the future to discharge any such liabilities not specifically listed herein of which she may hereafter receive notice. 9. Lorraine A. Elscheid individually, hereby releases the said Lorraine A. Elscheid, Executrix of the Estate of Edward A. Elscheid Ii, deceased, of and from any and all claims known or unknown to her which she has against the said Estate and against the said Lorraine A. Elscheid acting as Executrix of the said Estate. 10. This is the entire agreement between the Party hereto, acting in separate capacities, and shall be binding upon her, her heirs, assigns successors in both capacities. IN 1/ITM~$$ MN~Ol, I, Lorraine A. Elscheid, in both ca~pacities, have hereunto set my hand and seal this day of `~ljf'alf~h; 2009. WITNESS: ESTA~OD CARD AID, II G (~( ~ ( SEAL ) EXECUTRIX, LORRAINE A. ELSCHEID ~~~~w~~ _(SEAL) LORRAINE A. ELSCHEID, INDIVIDUALLY 3 Commonwealth of Pennsylvania :SS County of York 0!i TSIS, THE 3rd Day of Auqust, 2009 before me, the undersigned officer, personally appeared Lorraine A. Elscheid, Executrix of the Estate of Edward A. Elscheid II, who acknowledged herself to be the ®xecutar under the bast Will and Testament of Edward A. Elscheid II, and that she as such executor, executed the foregoing Instrument for the purposes therein contained. ~~~~~ OTARY PUBLIC tq--13 My Commission Expires: ~~ N~'E.4CrH of pp~y~~~ Robert E. M~ N0~' public ~miuion~~P' Yom • ~~ 5 5 Commonwealth of Pennsylvania :SS County of L3aad~Ol~K . 0~ TSIS, THE 3.6t~k1~ DAY OF ~;- 2009 before me, the undersigned officer, personally appeared Lorraine A. Elscheid who acknowledged herself to be the beneficiary under the Last Will and Testament of Edward A. Elscheid II, and that she as such beneficiary, executed the foregoing Instrument for the purposes therein contained. ~ ~ J ~! ~ ~!mm®00 1W,t'd}geumoy A1DtAjP1I ON9ald~pl4'~Nd'3 t~>i 'ivSS'rn~+.ulN KIJGSNPLgd d0 HF.'I1pp Y PUBLIC My Commissi Expires: ~~ (~~D~ f10Z 61 mueJsa,:%i" ~J~l.'d!i;~.. c!I9od RCN '•: , "IH'3S 7b'Rd ; YA1VA7dSNNHd dli Fu Ir,, ,,,.,t ~, ~ ~ ;; COMMONWFiLL i tl (iM PENNSYJ,VANIA NOTARIAL SERI, Robert E. Myers, Notazy Public Fam+iew Township, yoa} Cplo~, Y commission ex irea Jao 19 2013