The URL can be used to link to this page

Home My WebLink About06-09-10 FA]wvIILY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF LLOYD W. KAEMPF 201 JUN -9 PM i ~ f 0 CLERK CF ORPHAN'S C~DU9t CUM°.C~!.t'~1D CO., PA. KNOW ALL N~EN BY THESE PRESENTS, THAT WHEREAS, LLOYD W. KAEMPF, late of Upperl Allen Township, Cumberland County, Pennsylvania, deceased, died on October 29, 2009, havin first made his Last Will and Testament, which was duly executed on September 30, 1998, du~y recorded in Cumberland County, Pennsylvania, Estate No. 21-09- 1127. i WHEREAS, the laid LLOYD W. KAEMPF, by the aforesaid Last Will and Testament, named Lawrence W. Kaeknpf as Executor of said Last Will and Testament; and WHEREAS, the 'laid Executor has gathered the assets of the estate of the said decedent and the assets consist of ~ersonal property for a total value of $228,890.27 as set forth in Exhibit "A", which is attached he eto and made a part hereof; and WHEREAS, the said Executor has paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of $24,379.00, also as set forth in the statement of the said Executor which is attached hereto and made a part hereof, and ~arked Exhibit "B"; and i WHEREAS, after the gathering of assets and payment of all debts and deductions by the Executor there remains a balance for distribution in the Estate of LLOYD W. KAEMPF, of $204,511.27, as set forth amore particularly in Exhibit "C" of the statement of the said Executor, which is attached hereto end made a part hereof. NOW THEREF RE, KNOW YE, that we, Lawrence W. Kaempf, Wayne D. Kaempf, and Douglas E. Kaempf,~eing all of the residuary heirs under the Last Will and Testament of the said decedent and being {the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that'we have this day had and received from the aforesaid Executor, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and beque thed to us by the said Last Will and Testament, which amount we have received this day, and w ich is the amount set opposite our names in the table and schedule of proposed distribution ins id statement attached hereto and marked Exhibit "D"; AND, we do here ~ y stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and co sent to distribution being made without the filing of an account and schedule of distribution, t e same to be with the same force and effect as if it had been filed and confirmed by the Orpha~s' Court Division of the Court of Common Pleas of Cumberland County. I 1 THEREFORE, yve do hereby remise, release, quitclaim and forever discharge the said Executor, her heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, paymemts, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said ' ecedent, and we do further hereby covenant and agree that we will contribute our share of estate to satisfy any and all claims, demands, suits, or causes of action which may be successful y prosecuted against the said estate or the aforesaid Executor after the signing, sealing and deli ery of this family settlement agreement and final release. FURTHER, we; the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and is predecessors, successors, affiliates, assigns, either in the course of their employment or as i dividuals outside the course and scope of their employment or in any other capacity, as and fro any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, to s of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, ag eements and judgments of whatsoever kind, at law or in equity, on account of, or in any wa ~ growing out of Counsel's representation of the Executor and the Estate of the Decedent. Each B neficiary further agrees and covenants that, neither they, nor any other person, organization or o er entity on their behalf will file, charge, claim, sue or cause to permit to be filed, charged or cl 'med any action for damages, injunctive, declaratory, monetary relief, equitable relief, or othervVise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter ari$ing from Counsel's representation of Executor and the Estate of the Decedent. (This space left intentionally blank.) 2 IN WITNESS WIHEREOF, I have hereunto set my hand and seal this o~a ~y of May, 2010. WITNESS: Lawrence W. Kaempf, ExecutorBe is ry STATE OF PENNSYL4'ANIA COUNTY OF SS. On this ~ ay of May, 2010, before me, the undersigned officer, personally appeared Lawrence W. aempf, individually, and known to me (or satisfactorily proven) to be the individual whose n e is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. No y Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA A. FIKE, Notary Public Greenwood Twp., Peny County M Commission Expires October 24, 2013 3 i IN WITNESS !WHEREOF, I have hereunto set n1y hand and seal t17is '~~ _ day of ,tune, 2010. W1TNF.SS: /~e,nrt.tfi., YVI. ~ .~.. of 1VI COUNTY OF On this ~~ appeared Wayne ll. Kae~ individual whose name i executed the same for the ~'ay . Kaempf, Beneficiary ss. ~y of June, 2009, before me, the undersigned officer, personally pf, individually, and known to me (or satisfactorily proven) to be the subscribed,to the foregoing instrument, and acknowledged that he zrposes therein contained. Notary Public PAULINE M. RICE Commonrreatfh piPUbilo~sitta My Comm. Expires Ds~ 27 2018 4 ST IN WITNESS WHEREOF, I have hereunto set my hand and seal this I day of June, 2010. STATE OF MARYLAND ' hh SS. O~~-41-44v~ COUNTY OF ~QuNal4rw~~G I zqo ~ On this ~ ' ay of June, -999; before me, the undersigned officer, personally appeared Douglas E. Ka mpf, individually, and known to me (or satisfactorily proven) to be the individual whose name s subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. ~~~~Z010 (~.QAQ~.I d bp_ ~ ~~ (o ////d Nota4y Pudlic 5 WITNESS: FIRST AND FINAL ACCOUNT OF THE ESTATE OF LLOYD W. KAEMPF, LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DEBITS Your Accountant charges himself with the following: Personal Property Value US Savings Bond - Series I -Denomination $5,000.00 $7,206.00 Cash on Hand $340.00 PNC -Certificate of Deposit -Acct. # 31000286713 $29,332.39 PNC -Certificate of Deposit -Acct. # 31400318479 $32,434.46 PNC -Certificate of Deposit -Acct. # 31300328295 $72,742.34 PNC -Checking Account # 5004708797 $6,047.11 PNC -Savings Account # 5002056641 $67,481.41 Household Furnishings $150.00 PNC -Certificate of Deposit -Acct. # 31700304711 $10,397.94 Verizon -Refund $6.62 IRS - 2009 Federal Income Tax Refund $2,752.00 TOTAL PRINCIPAL DEBITS $228,890.27 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Garden Bouquet -Funeral Expense $235.32 Law Offices of Craig A. Diehl -Attorney Fees $4,577.81 Register of Wills, Cumberland County $360.00 The Sentinel -Estate Advertisement $187.54 Lawrence W. Kaempf -Reimbursement of Overnight Fees $24.70 Cumberland Law Journal -Estate Advertisement $75.00 Law Offices of Craig A. Diehl -Certified Mail Expense for DPW Letters $5.54 Lawrence W. Kaempf -Travel Reimbursement for Executor Duties $91.88 Lawrence W. Kaempf -Reimbursement of ATM fee for Estate $2.50 Messiah Village -Assisted Living Expense $9,273.92 Alert Pharmacy Services -Prescription $97.48 Verizon Phone -Final Telephone Bill $20.63 Register of Wills -Cumberland County -Filing Fee for Inheritance Tax $15.00 Register of Wills -Cumberland County -Filing Fee for FSA $20.00 Register of Wills -Inheritance Tax Liability $9,391.68 TOTAL PRINCIPAL CREDITS $24,379.00 EXHIBIT B RECAPITULATION Principal Debits Principal Credits BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF LLOYD W. KAEMPF $228,890.27 $24,379.00 $204,511.27 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Balance for Distribution to the following heirs as described: Lawrence W. Kaempf 40 Nottingham Way North CliBon Park, NY 12065 1/3 share ~ $ 61,902.45 Federal Tax Refund $ 2,752.00 Joint Account (PNC) $ 10,397.94 Furniture $ 50.00 $ 75,102.39 Wayne D. Kaempf 92 Lake Avenue Worcester, MA 01604 Douglas E. Kaempf 882 Conservation Lane Harwood, MD 20776 TOTAL 1/3 shaze $ 64,654.44 Furniture $ 50.00 $ 64,704.44 1/3 share $ 64,654.44 Furniture $ 50.00 $ 64,704.44 $ 204,511.27 EXHIBIT D