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Home My WebLink About07-14-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF HELENE S. KRAMER, DECEASED ~~ _ '~ ~.....:~ c. CV 1.1_ i ~_. ~ • r, }...~. C~~ ..~_ ~~ ,-- , ~ ;~ ~ ..... ._:) ~ J.,;C ~` ._. s ~.~f i.. - ~~ ,t... , r .-~' i, 4 ~ ~+ ~ `,n~ ` i K ~N ORPHANS COURT DIVISION NO. 2009-00741 FAMILY AGREEMENT FILED BY: PETER J. KRAMER, ESQUIRE EXECUTOR 686 ST. JOHNS DRIVE CAMP HILL, PA 17011 FAMILY AGREEMENT THIS FAMILY AGREEMENT (the "Agreement") by and among Peter J. Kramer, individually and as Executor of the Estate of HELENE S. KRAMER, Deceased, Mary K. Frederick of Tampa Bay, Florida, Stephanie K. Garmirian of McLean, Virginia, Leonard J. Kramer, Jr. of Camp Hill, Pennsylvania, and John F. Kramer of Miami, Florida. WHEREAS: Helene S. Kramer, who resided at 825 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania died July 28, 2009 having left her Last Will dated October 15, 1993, which was duly admitted to probate by the register of Wills of Cumberland County at the above number and term on August 7, 2009; and WHEREAS; Peter J. Kramer has been duly appointed as Executor of the Estate of Helene S. Kramer, Deceased; and are: WHEREAS; the parties in interest under the Last Will of Helene S. Kramer, Deceased, (1) Mary K. Frederick, daughter, adult; (2) Stephanie K. Garmirian, daughter, adult; (3) Leonard J. Kramer, Jr., son, adult; (4) Peter J. Kramer, son, adult; (5) John F. Kramer, son, adult; and -~~- c: ~~ ,~ e _ -~~ - :, _~ ~ . -h. _ j , ~~ in interest is entitled to~rSii~-fifth (-}~5) ~. = .~ ~; r~ i . or+ WHEREAS; each of the above identified parties distributive share of residuary estate; and WHEREAS; each of the parties to this Agreement has been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Accounting as attached hereto and marked as Exhibit A; and WHEREAS; all inheritance taxes have been paid and a Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax has been received from the PA Department of Revenue dated 06-21-2010 with no additional amount due; and WHEREAS; it is the desire of the parties to this Agreement that the final distribution of the Estate of Helene S. Kramer, Deceased, be accomplished without a formal accounting to the Orphans Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS; the parties to this Agreement each acknowledge to have received a proposed Schedule of Final Distribution attached hereto and marked Exhibit B; and WHEREAS; each of the parties to this Agreement hereby acknowledges to have received an advance distribution from the Executor in cash and/or personal property in exchange for an executed Receipt and Release Agreement for Partial Distribution which agreements are incorporated herein by reference. NOW, THEREFORE in consideration of the mutual promises, covenants and agreements recited here in the parties hereby agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Peter J. Kramer, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Helene S. Kramer, Deceased. The parties do further agree to indemnify and hold harmless said Peter J. Kramer, Executor from any and all liability which may rise against the Estate from creditors or to her claimants. 2. Each of the parties does hereby acknowledge receipt of the assets described in the Schedule of Final Distribution attached hereto as Exhibit B. 3. Each of the parties to this Agreement acknowledge 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. 4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and may be executed in any number of duplicate counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEOF, the parties intending to be legally bound have executed this Family Agreement this ~ ~ day of June 2010. WITNESS: r' , 'r Peter J. a er, individually and as Executor of the Est e of Helene S. Kramer, Deceased Mary K. Frederick Stephanie K. Garmirian Leonard J. Kramer, Jr. John F. Kramer executed Receipt and Release Agreement for Partial Distribution which agreements are incorporated herein by reference. NOW, THEREFORE in consideration of the mutual promises, covenants and agreements recited here in the parties hereby agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Peter J. Kramer, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Helene S. Kramer, Deceased. The parties do further agree to indemnify and hold harmless said Peter J. Kramer, Executor from any and all liability which may rise against the Estate from creditors or to her claimants. 2. Each of the parties does hereby acknowledge receipt of the assets described in the Schedule of Fi~~~~1 Dis~ri'eution attached h~;rEto as Lxhibit B. 3. Each of the parties to this Agreement acknowledge 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. 4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and may be executed in any number of duplicate counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties intending to be legally bound have executed this Family Agreement this ~ d day of June 2010. WITNESS: Peter J. Kramer, individually and as Executor of the Estate of Helene S. Kramer, Deceased ,~ v . -e-~e.. ~ Mary .Frederick Stephanie K. Garmirian Leonard J. Kramer, Jr. John F. Kramer executed Receipt and Release Agreement for Partial Distribution which agreements are incorporated herein by reference. NOW, THEREFORE in consideration of the mutual promises, covenants and agreements recited here in the parties hereby agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Peter J. Kramer, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Helene S. Kramer, Deceased. The parties do further agree to indemnify and hold harmless said Peter J. Kramer, Executor from any and all liability which may rise against the Estate from creditors or to her claimants. 2. Each of the parties does hereby acknowledge receipt of the assets described in the schedule of Final Listribution attached hereto as Exhibit B. 3. Each of the parties to this Agreement acknowledge 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. 4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and may be executed in any number of duplicate counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties intending to be legally bound have executed this Family Agreement this ~p day of June 2010. WITNESS: l j~~ Peter J. Kramer, individually and as Executor of the Estate of Helene S. Kramer, Deceased Mary i~. Frederick ;~ Stephanid~ K. Garmirian Leonard J. Kramer, Jr. John F. Kramer executed Receipt and Release Agreement for Partial Distribution which agreements are incorporated herein by reference. NOW, THEREFORE in consideration of the mutual promises, covenants and agreements recited here in the parties hereby agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Peter J. Kramer, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Helene S. Kramer, Deceased. The parties do further agree to indemnify and hold harmless said Peter J. Kramer, Executor from any and all liability which may rise against the Estate from creditors or to her claimants. 2. Each of the parties does hereby acknowledge receipt of the assets described in the Schedule of Final Distribution attached hereto as Exhibit B. 3. Each of the parties to this Agreement acknowledge 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. 4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and may be executed in any number of duplicate counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS VVH~REOF, the parties intending to be legally bound have executed this Family Agreement this 3 p day of June 2010. WITNESS: Peter J. Kramer, individually and as Executor of the Estate of Helene S. Kramer, Deceased Mary K. Frederick Stephanie- K,, Garmirian .~••--feonard J. Kramer, ~'- . Sohn F. Kramer executed Receipt and Release Agreement for Partial Distribution which agreements are incorporated herein by reference. NOW, THEREFORE in consideration of the mutual promises, covenants and agreements recited here in the parties hereby agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Peter J. Kramer, Executor, from any and all liability which may from time to time arise in connection with his service as Executor of the Estate of Helene S. Kramer, Deceased. The parties do further agree to indemnify and hold harmless said Peter J. Kramer, Executor from any and all liability which may rise against the Estate from creditors or to her claimants. 2. Each of the parties does hereby acknowledge receipt of the assets described in the Schedule of Final Distribution attached hereto as Exhibit B. 3. Each of the parties to this Agreement acknowledge 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. 4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and may be executed in any number of duplicate counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties intending to be legally bound have executed this Family Agreement this "' `~ day of June 2010. WITNESS: ~t~C, E-, ~ L,~ -)'ti. ~-,~ Peter J. Kramer, individually and as Executor of the Estate of Helene S. Kramer, Deceased ?~~Iary K. Frederick Stephanie K. Garmirian Leonard J. Kramer, Jr. L ¢----- . Kramer - d, EXHIBIT A ESTATE OF HELENE S. KRAMER ORPHANS COURT DIVISION N0.2009-00741 FIRST AND FINAL ACCOUNTING Real Estate -Sale of 825 Mandy Lane, Camp Hill, PA $235,671.85 Cash, Bank Deposits & Miscellaneous Personal Property $17,030.19 Total Gross Assets $252,702.04 Funeral Expenses & Administrative Expenses $16,552.01 Debts of Decedent, Liabilities & Liens $5,733.70 Additional Probate $50.00 Family Agreement Petition Filing Fee $20.00 Total Deductions $22,355.71 Net Value of Estate $230,346.33 Inheritance Tax Paid $10,368.73 Remaining Amount for Distribution to Beneficiaries $30,630.50 (After Partial Distribution) One Fifth (1 /5) Share to Beneficiaries $6,126.10 F.XT-TTRTT R SCHEDULE OF FINAL DISTRIBUTION ESTATE OF HELENE S. KRAMER BEGINNING BALANCE $30,630.50 (After payment of remaining outstanding debts, expenses and costs pursuant to Exhibit A) The parties in interest under the Last Will of Helene S. Kramer, Deceased, remaining one-fifth (1/5) distributive share of residuary estate as follows: (1) Mary K. Frederick, adult daughter, $6,126.10 (2) Stephanie K. Garmirian, adult daughter, $6,126.10 (3) Leonard J. Kramer, Jr., adult son, $6,126.10 (4) Peter J. Kramer, adult son, $6,126.10 (5} John F. Kramer, adult son, $6,126.10