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Home My WebLink About04-30-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ -~-, ORPHANS' COURT DIVISION ~ ,~ . ~> -;-~ ~(' ~.~ °'~ _ ESTATE OF ELEANOR L. RAFFENSPERGER DECEASED ~° ~ , FILE N0.2010-00077 c; :~ ~ ~ ~ : ~';: -, .-~ -~ F FAMILY AGREEMENT AND FINAL RELEASE -~ ~ THIS AGREEMENT by and between LOUISE L. HESSE, as Executrix of the Estate of ELEANOR L. RAFFENSPERGER, Deceased, and LOUISE L. HESSE, TODD W. LEHMAN and JON V. LEHMAN, as beneficiaries. WHEREAS, ELEANOR L. RAFFENSPERGER, late of East Pennsboro Township, Cumberland County, Pennsylvania, died testate on January 7, 2010, having first made her Last Will and Testament dated August 23, 2006, which instrument was admitted to probate and is recorded in Cumberland County, Register of Wills, File No. 2010-00077; WHEREAS, LOUISE L. HESSE has been duly appointed as Executrix of the Estate of Eleanor L. Raffensperger, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Eleanor L. Raffensperger, Deceased, are: 1. Louise L. Hesse, daughter 2. Todd W. Lehman, son 3. Jon V. Lehman, son WHEREAS, LOUISE L. HESSE, TODD W. LEHMAN and JON V. LEHMAN are entitled to equal shares of the residuary estate; WHEREAS, each of the parties to this Agreement have been furnished with a complete Statement of Account as attached hereto and marked as Exhibit A; Page 1 of 6 ~.~ WHEREAS, it is the desire of the parties to this Agreement that administration of this estate be completed and accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. LOUISE L. HESSE, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her knowledge there are no claims outstanding against the Estate, and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executrix, LOUISE L. HESSE, her heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Eleanor L. Raffensperger, Deceased. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the estate from creditors or claimants. Each of the parties does hereby acknowledge receipt of the assets described on the distribution schedule. Page 2 of 6 4. Each of the parties acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executrix that should any liability come due to the estate of the said decedent after the signing of this Agreement, each will contribute pro rata his/her share of the estate to satisfy any and all claims, demands, suits or causes of action which maybe successfully prosecuted against the said estate or the aforesaid Executrix after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 3 of 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this April, 2010. WITNESS: ~_.~~tt" ~! day of L VISE L. HESSE, Executrix and Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this the ~ day of April, 2010 before me, a Notary Public, the undersigned officer, personally appeared LOUISE L. HESSE, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL PAULA K WHITE i'Jotary Public LOWER PAXTON TWP, DAUPHIN COUNTY My Commission Expires Apr 5, 2012 ~. Page 4 of 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this /~ day of April, 2010. WITNESS: ~. ~'~ ~~/ ODD W. LEHMAN, Beneficiary STATE OF NEW YORK COUNTY OF ~-' ~ \(~ 1~- SS: On this the l 2 ' ~ day of April, 2010 before me, a Notary Public, the undersigned officer, personally appeared TODD W. LEHMAN, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public MARY E. JOHNSON NOTARY PUBLIC-STATE OF NEW YORK No.O7J04630459 9uatified in New York County vommisslon Expires April 30, 20~ Page 5 of 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this /~ April, 2010. WITNESS: ~,(~ 1L.x~ i n day of JON HMAN, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: On this the j Z~ day of April, 2010 before me, a Notary Public, the undersigned officer, personally appeared JON V. LEHMAN, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa M. Ward-Fountain, Notary Public Manheim Twp., Lancaster County My Commission Expires Dec. 30, 2012 Member, Pennsylvania Association of Notaries Page 6 of 6 ESTATE OF ELEANOR L RAFFENSPERGER DATE OF DEATH DEATH JANUARY 7, 2010 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 1/7/2010-4/2/2010 Assets - Schedule A $ 95,457.18 Income - Schedule B $ 1,707.13 Disbursements - Schedule C $ (33,763.65) Assets Available for Distribution $ 63,400.66 Distributions to Beneficiaries - Schedule D $ 60,000.00 Balance reserved for contingencies' $ 3,400.66 'The reserve balance will increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary beneficiaries after applicable adjustments. After final distribution is made, the residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. Period 1/7/2010-4/6/2010 Exhibit A ESTATE OF ELEANOR L RAFFENSPERGER ASSETS SCHEDULE A DESCRIPTION CASH VALUE AT DATE OF DEATH M&T Bank Checking 61207446 $ 8,197.42 M&T Bank Savings 15004222002682 $ 1,000.12 M&T Bank CD 31003913944590 $ 8,892.57 M&T Securities AZD-415941; cash position $ 20,102.82 PNC Bank Checking 5004894008 $ 9,822.53 PNC Bank Money Market 5004414473 $ 38,781.38 Residuary Trust UWO Carl Raffensperger; ck 101 dtd 1/14/10 for 2009 interest $ 0.14 Carl T Raffensperger Trust; ck 1011 dtd 1/14/10 for 12/09 interest $ 758.00 Residuary Trust UWO Carl Raffensperger; ck 1038 dtd 1/14/10 for 12/09 interest $ 223.99 MetLife nursing home benefit; Check 000635202 dtd 1/4/10 $ 3,906.00 REIMBURSEMENTS/REFUNDS AARP LTC refund; Check 0028579495 dtd 1/11/10 $ 107.50 AARP cancellation refund; Check 0028666420 dtd 2/3/10 $ 21.05 Capital Blue Cross refund $ 342.67 Comcast subscriber refund; Check 0003832573 dtd 2/3/10 $ 34.11 Golden Living Center refund $ 875.88 United States Treasury; 2009 1040 overpayment refund $ 1,502.00 PA Department of Revenue; 2009 PA-40 overpayment refund $ 889.00 $ 95,457.18 Period 1/7/2010-4/6/2010 ESTATE OF ELEANOR L RAFFENSPERGER INCOME SCHEDULE B DESCRIPTION Interest Income M&T Bank CD 31003913944590 $ 25.18 M&T Bank Savings 15004222002682 $ 0.02 M&T Bank, estate checking account through 4/2/10 $ 29.01 M&T Securities AZD-415941 $ 0.48 MetLife Total Control Account; interest check $ 2.44 IRA Distribution 2/1/10 M&T SecuritieslRAAZR-062771 $ 1,500.00 Other Income M&T Bank; direct deposit cash bonus $ 150.00 TOTAL INCOME $ 1,707.13 Period 1/7/2010-4/6/2010 ESTATE OF ELEANOR L RAFFENSPERGER DISBURSEMENTS SCHEDULE C DESCRIPTION CATEGORY AMOUNT Hoover Funeral Homes & Crematory Inc Funeral $ 3,281.00 Memorial program Funeral $ 25.31 Memorial luncheon Funeral $ 500.00 Memorial inscription (estimate) Funeral $ 200.00 Louise L Hesse, executrix fee Adm $ 5,962.00 Jan L Brown & Associates; legal fee Adm $ 6,792.00 Register of Wills-Probate Fees Adm $ 339.50 Denk & Associates PC; 2009 1040 preparation Adm $ 395.00 Parks & Company; 1040 and 1041 preparation (estimate) Adm $ 500.00 Cumberland Law Journal; legal advertising Adm $ 75.00 The Patriot-News; legal advertising Adm $ 300.41 Parking fee Adm $ 4.00 Postage Adm $ 12.16 Cleanup/disposal fee (estimate) Adm $ 700.00 Amber Long Weyant; caregiver Debt $ 250.00 Edward E LaMarque MD Debt $ 76.17 Golden Living Center Debt $ 78.83 Jan L Brown & Associates; invoice dtd 1/6/10 Debt $ 100.00 PharMerica Debt $ 140.32 Verizon Debt $ 15.58 West Shore EMS -BLS Debt $ 177.50 United States Treasury; federal withholding Tax $ 150.00 PA Department of Revenue; state withholding Tax $ 30.00 Pennsylvania Inheritance Tax Tax $ 13,658.87 $ 33,763.65 Period 1/7/2010-4/6/2010 ESTATE OF ELEANOR L RAFFENSPERGER DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED AUGUST 23, 2006 SCHEDULE D Todd W Lehman, son, one-third residuary estate Cash distribution on or about 5/1/2010 $ 20,000.00 Jon V Lehman, son, one-third residuary estate Cash distribution on or about 5/1/2010 $ 20,000.00 Louise L Hesse, daughter, one-third residuary estate Cash distribution on or about 5/1/2010 $ 20,000.00 $ 60,000.00 $ 60,000.00 Period 1/7/2010-4/6/2010