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STAOKOFF & COWDEN, P.C.
ATTORNEYS AT LAW FAX
TELEPHONE 132 STATE STREET (717) 233-5806
(717) 233-5353 p. O. BOX 11903
HARRISBURG, PENNSYLVANIA 17108-1903
www. strokoffandcowden. com
March 3, 2010 r-~
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Glenda Strasbaugh
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Register of Wills ,
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Cumberland County Courthouse ~~ ~ ~ ~
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Carlisle, PA 17013 :~"""` ~. ~-~"' ~-;
RE: Estate of Gertrude Benjamin
No. 21-08-01133
Dear Register Strasbaugh:
Enclosed for filing please find a Family Agreement Waving Filing
of Account, as well as estate check #292 in the amount of $20 in payment of
the filing fee for same.
Also enclosed is a copy of the Family Agreement which I would
ask that you would stamp in and return to me in the self-addressed stamped
envelope provided herewith.
If you have any questions, please do not hesitate to contact me.
EAS / crd
Enclosure
cc: Eileen Forman, Executrix
Very truly yours,
El iot A. Strokoff
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FAMILY AGREEMENT - WAIVING FILING OF ACCOUNT
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BEFORE THE REGISTER OF WILLS, , -z.~ =~ `:-' ~-'
CUMBERLAND COUNTY, PENNSYLVANIA ~ ; ~
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IN RE : Estate of Gertrude Benjamin, Deceased `-~~ ~' =~= r,
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NO. 21-08-01133 . .- .4~
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This Agreement entered into this ~~~ day of February,
2010, by and between Eileen Forman, in her capacity as Executrix
under the will dated January 22, 1996 of Gertrude Benjamin,
Deceased, Eileen Forman, Mindy I. Forman and Matthew Forman,
residuary legatees of the estate. For purposes of this
agreement, when she is referred to her fiduciary capacity, the
term "Executrix" will be used and, when she is referred to in
her individual capacity, she will be referred to by her first
name.
BACKGROUND
1. Gertrude Benjamin ("Decedent") died on October
31, 2008, a resident of Camp Hill, Cumberland County,
Pennsylvania leaving a will dated January 22, 1996.
2. Decedent's will was admitted to probate by the
Register of Wills of Cumberland County on November 14, 2008, and
letters testamentary were issued to Eileen Forman, Executrix.
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and letters testamentary were issued to Eileen Forman,
Executrix.
3. In her will, Decedent named her daughter and
Mindy I. Forman and Matthew Forman as the sole residuary
legatees.
4. The Executrix advertised the grant of letters
Testamentary, prepared and filed an Inventory and Appraisement
of Decedent's property and prepared and filed a Pennsylvania
Inheritance Tax Return and federal and state income tax returns
and paid the appropriate taxes thereon.
5. The Executrix paid all the general legatees and
all the taxes, debts and expenses of the estate known to her,
and she has no knowledge of any unpaid claims, absolute or
contingent, which may be asserted against the estate nor does
she have any reason to believe there are any such claims.
6. The Executrix has completed the administration of
the estate, has prepared her account thereof ("account") and
has distributed the net assets of the estate to Gertrude
Benjamin, the residuary legatees named in the will.
7. A statement reflecting all estate receipts,
disbursements and distributions is annexed hereto as Exhibit A.
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9. Eileen, Mindy and Matthew have been given the
opportunity to review the books and records of the Executrix,
and based upon such opportunity or examination, they have
determined that they have sufficient information to make an
informed decision to waive their right to an accounting.
AGREEMENT
In consideration of the willingness of the Executrix
to distribute and terminate the estate in accordance with the
terms of the will without the protection afforded them by a
formal adjudication of an Executrix's account, Mindy and
Matthew, the undersigned beneficiaries, individually and with
respect to their heirs, personal representatives, successors and
assigns, do hereby:
1. Acknowledge that we have read this Agreement and
represent that the facts set forth above are true and correct to
the best of our knowledge, information and belief. We further
acknowledge that we are familiar with the provisions of the will
of decedent;
2. Waive the filing of a formal account of the
administration of this estate, with respect to the income and
principal thereof, in any court which has jurisdiction, in
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particular, the Orphans' Court Division of the Court of Common
Pleas of Cumberland County, Pennsylvania.
3. Declare that we have examined the periodic
statements for the account, which are attached hereto and
incorporated herein, and find them to be true and correct in all
particulars; understand that the distribution is still subject
to the payment of certain administration expenses, accept and
approve it with the same force and effect as if it had been
prepared and duly filed with, audited, adjudicated and confirmed
absolutely by such court which has jurisdiction over this
estate, and, as if the balance of principal and income had been
awarded by said court in accordance with this Agreement and the
account and statement;
4. Warrant that we know of no outstanding and
unsatisfied claims against the estate and approve the
distribution of the balance of principal and income shown on the
attached account and statement as set forth above;
5. Absolutely and irrevocably release and discharge
the Executrix, her personal representatives, heirs, successors
and assigns, from any and all actions, liabilities, claims and
demands, including specifically but not limited to liability
arising in connection with any mistake of fact or law, or
negligent or careless act or omission by the Executrix, in
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connection with the administration and distribution of assets
shown in the statement, without a formal court accounting and
adjudication;
6. Agree to refund to the Executrix such part or all
of the distributive share which has been/is being distributed to
us which may at any time be determined to have been an erroneous
distribution to us regardless of the cause of such error, even
if attributable to negligence;
7. Agree that any period of limitation of actions
for the collection for any erroneous distribution to any of us
shall commence only at such time as the Executrix has obtained
actual knowledge of such erroneous distribution and that in no
event shall the obligation to collect any erroneous distribution
start earlier than the actual discovery thereof by the
Executrix.
8. With respect to any distributions of income or
principal, which we have received, or will receive upon
execution of this agreement, agree to indemnify and hold
harmless the Executrix, her personal representatives, heirs,
successors and assigns, from any liability, loss or expense
(including but not limited to costs and counsel fees), arising
from any cause whatsoever, which may be incurred by the
Executrix as a result of the administration of this estate or
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distribution in accordance with this agreement including, but
not limited to, any liability for any federal estate tax,
Pennsylvania inheritance tax or any other death taxes and
federal and state income taxes, together with any interest and
costs incidental thereto, relating in any way to the estate and
also including, but not limited to, any assets received or
payments or distributions made by reason of any negligence or
mistake of fact or law;
9. Understand that this Agreement may be signed in
counterpart originals, all of which together shall be deemed to
constitute one original; and
10. Agree that this Agreement shall be governed by
the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, we agree to be bound hereby and
have signed this Agreement this _~ day of
2010.
WITNESS:
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Eileen Forman Execu ri
WITNEI~
WITNESS:
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Eileen Forman, Benef ciary
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Min y I. F r a, Beneficiary
WITNESS:
Ate- « ~w~,._
Mat hew Orman, Beneficiary
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ORPHAN'S COURT DIVISION
NO. 2008-01133
FIRST AND FINAL ACCOUNT OF
EILEEN FORMAN, EXECUTRIX FOR
THE ESTATE OF GERTRUDE BENJAMIN, DECEASED
Date of Death:
Date of Executrix Appointment:
Letters Advertised:
October 31, 2008
November 14, 2008
December 15, 22 and 29, 2008
(Patriot News)
December 19 and 26, 2008, January 2, 2009
(Cumberland Law Journal)
Accounting for Period: October 31, 2008-July 31, 2010
Purpose of Account: Eileen Forman, Executrix offers this account to acquaint
interested parties with the transactions that have occurred during her
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 obligations can be discussed with the following
individual:
Elliot A. Strokoff
Strokoff 8s Cowden, P.C.
132 State Street
P.O. Box 11903
Harrisburg, PA 17108
(717) 233-5353
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SUMMARY OF ACCOUNT
Pages
Principal
Receipts 2 $400,410.93
Losses on Disposition 3 (29,212.53
Adjusted Principal 371,198.40
Less Disbursements 4 33,096.77
Principal Balance 338,101.63
Advanced Distribution to Beneficiaries 5 294,920.26
Balance Principal on hand $43,181.37
Income 2,685.63
Receipts 6
Distribution 6 2,673.44
Income balance on hand 12.19
Proposed Distribution
1. Register of Wills (filing fee for
Family Settlement Agreement) 20.00
Principal Residue for Distribution
after filing fee 338,101.63
2. Eileen Forman-Bequest of 80% of
residue of $338,101.63=
$270,481.30, minus advance
distributions of $254,920.26= 15,561.04
3. Mindy Forman-Bequest of 10% of
residue of $338,101.13=$33,810.16,
minus advance distribution of
$20,000= 13,810.16
4. Matthew Forman-Bequest of 10% of
residue of $338,101.13=$33,810.16,
minus, advance distribution of
$20,000= 13,810.16
Income Distribution
Balance Income on hand $12.19
5. Eileen Forman (80% of $12.19) 9.75
6. Mindy Forman (10% of $12.19) 1.22
7. Matthew Forman (10% of $12.19) 1.22
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PRINCIPAL RECEIPTS AS OF 10/ 31 / 08
Stocks, Bonds, Securities
Merrill Lynch Acct #872-56926 $85,327.79
Merrill Lynch Acct #872-54982 42,537.31
Merrill Lynch Acct #872-54971 32,995.68
Merrill Lynch Acct #872-54977 42,635.66
Total Stocks, Bonds, Securities: $203,496.44
Cash Deposits
Merrill Lynch Acct #872-56926 $185,572.84
Merrill Lynch Acct #872-54982 4,629.04
Merrill Lynch Acct #872-54977 4,280.34
Merrill Lynch Acct #872-54971 1,045.39
Merrill Lynch Acct #872-54997 44.28
Stocks, Bonds, Securities: $195,571.89
Total Principal Receipts as of 10 / 31 / 08
$399,068.33
POST D.O.D. CHANGES TO PRINCIPAL RECEIPTS
Woods at Cedar Run (refund)
Woods at Cedar Run (refund)
Verizon (refund)
Independence Blue Cross (prescription
reimbursement)
Independence Blue Cross (premium
reimbursement)
UFCW Local 1776 (pension reclamation)
US Treasury (Social Security
reclamation)
Total changes
Total Principal Receipts
1,278.20
27.56
1.34
896.00
441.10
(380.60)
(921.00)
1,342.60
$400,410.93
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LOSSES ON DISPOSITION
1 /20/09 Sold 2850 shares of ML 8v Co
Rogrer for $16,125.17, D.O.D.
value at $19 693.50, for loss of (3,658.33)
2/20/09 Losses/gains from 10/31/08-
2 / 20 / 09 on securities transferred
to account of Eileen Forman (25,554.20)
Total Losses
($29,212.53)
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PRINCIPAL DISBURSEMENTS
11 / 2 / 08 Goldsteins (funeral) $7,850.00
11 / 2 / 08 Mt. Sharon Cemetery 2,875.00
11 / 2 / 08 Eileen Forman (Post Funeral Meal) 29 5.00
11 / 14/08 Register of Wills (Probate Fees) 414.00
12 / 30/ 08 Nathan Shapiro (headstone 425.00
engraving)
12 / 30/ 08 Mt. Sharon Cemetery 75.00
1 / 12 / 09 Patriot News 194.73
1 / 12 / 09 Cumberland Law Journal 75.00
1 / 27 / 09 Register of Wills (inheritance 14,000.00
prepayment)
2 / 9 / 09 Strokoff 8~ Cowden, PC 627.22
2 / 9 / 09 Colonial Park Care Center 89 6.00
3 / 17 / 09 David Horst (tax preparation) 300.00
3 / 17/ 09 PA Dept. of Revenue (2008 Income 674.00
Tax)
7/21/09 Register of Wills, Agency (balance 2,428.08
inheritance tax)
7 / 21 / 09 Register of Wills (filing fee) 15.00
8 / 8 / 09 Register of Wills (add'1 probate fee) 50.00
8 / 8 / 09 Eileen Forman (reimburse 78.89
expenses)
8 / 15 / 09 Strokoff 8~ Cowden, PC 1, 823.8 5
Total Principal Disbursements
$33,096.77
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ADVANCE DISTRIBUTIONS TO BENEFICIARIES
2 / 11 / 09 Eileen Forman 10,000.00
2/ 14/09 Mindy Forman 20,000.00
2/ 14/09 Mathew Forman 20,000.00
2/20/09 Eileen Forman (stocks/securities) 154,920.26
3 / 2 / 09 Eileen Forman 30, 000.00
3 / 4 / 09 Eileen Forman
60,000.00
$294,920.26
Total Advance Distribution
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INCOME
Interest/dividends
i 0/31 /08-12/31 /08
/ 1 /09-12/31 /Og 692.17
1/1/10-1/31/10 1,992.12
Total Income: 1.34
$2, 685 63
DISTRIBUTION OF INCOME
9 / 3 0 / 09 Eileen Forman
9/30/09 Mathew Forman 2,138.76
9/30/09 Mindy Forman 267.34
Total Distributions 26_ 7,34
$2,673.44
Balance Income on hand
$12.19
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