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HomeMy WebLinkAbout09-27-10PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY UNTIL COMPLETION. STATUS REPORT UNDER RULE 6.12 Name of Decedent: Bertha E. McMurtrie Date of Death: October 27, 2008 Will No.: Admin. No.: Estate No.: ~ 2108-1102 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the fol~owing with respect to completion of the above-mentioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is yes, state the following: A. Did the personal representative file a final account with the court? Yes No X B. The separate Orphans' Court No. (if any) for the personal representative's account is: C. Did the personal representative state an account informally to the pa~ti~s in interest? Yes X No ', D. Copies of receipts, releases, joinders and approvals of formal or inf rmjal accounts maybe filed with the Clerk of the Orphans' Court and maybe attached to this report. Date: ~ ! 2 ~~ZO~ a ~ ~--- - ----_- «._ -S ,~ John S. Davidson. Esquire ~ =? r:, ~ Name (Please type or print) ~ `` ' `- c~ .~ °" c' ~ a 320 West Chocolate Avenue. P.O. Box 437. He~rsh{ey PA 17033-0437 ~ ~~- i J k '' ~~~ . Address _.t .. L ~~ i-' CL. ~~'.) (~ 0.. CC s © ~ X7171533-5101 cM~:~unM~ v Telephone No. Capacity: Personal Representative X Counsel for Personal Representative R W. -27 ----__ --_ _-_ _ __ I ~~ .' '3d' 1~1~-t~'C:11:.~7' CIA CARD s»vicEs ESTATE DEPARTMENT MIS DE5-Oi4-~?r03 100U 3AMOBET D1EtIVE '~iR>C~MII~iG'!'C+N 11E 19854-ZZ31 ESTATE OF~ BERTHA E MCMURTRIE C/O JOHN aAVfSON 324 W CHO..OtATE AVE HERSHEY, ?A 17033 RE: F,stat+c of BERTHP, E MCMURTRIE Aocouut # 4264298358667241 C1•YANGfib TO 4264298996754688 August 17, 2010 Door Sir or Madam: SAT~FACT~ON AND ~ OP' Q.AIII~I The w~dasi~ed creditor, Bank of America whose tax i<~ is S I -033 I454, leas n~ceived infeamstinn wag the payment of the claim filed ian ti~is by the und«xgaed against the BERTHA E MCMURTRIE, deoeaeod, on a about Z7, 2008, and thif. Satisicaeticm aad Release of Claim is executed to aclmo~vvlodge that in of ~,333.64, the above claim is hareby discharged and we th~by rcleaac the estate the . Pecsos~al R,epotiacntstiv~c of ~ estate from all fiathcr liability with respect thereto. i DATED this August I7, ZO10 BANx of cA By: %1'I ~tDm >h Accouat Manama (888) Z21-4299 CUMBERLAND COUNTY PROBATE COURT ATTN: REGISTER OF WILLS, l COURTHOUSE SQUARE ROOM',102 CARLISLE PA 17013 In the Estate of BERTHA E MCMURTRIE, Deceased Case No. 21-2008-1102 Release of Claim The claim submitted in the above-captioned estate on behalf of CAPITAL ON BANK (USA) NA in the amount of $ 429.64 for account number 3894 has been paid by the estate for apro-rata amount of $ 126.95. This release of claim 's executed to acknowledge discharge of the claim against the estate and to rel the estate and the Personal Representative of the estate from all further liability wi respect thereto, unless before the estate is closed, additional assets are found, and funds are available to pay the remaining balance on the original claim filed. _R Agent of Claiman '~ Address: 2323 Lake Club Drive, Suite 300 Columbus OH 43232 Telephone: (877) 714-3739 Date of Release: 04/23/2010 EISI Matter No. 2105786 CS HANDLER: TAMMY WOLFE 1N RE: : IN THE COURT OF COMMO~1 PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF BERTHA E. MCMiJRTRIE, :ORPHANS' COURT DIVISION DECEASED :ESTATE NO. 2108-1102 APPROVAL. RELEASE AND INDEMNIFICATION A. BACKGROUND: The background of this agreement is as follows: 1. H. Thomas Brewbaker is the Executor of the Estate of Bertha ~. McMuririe, deceased. 2. The undersigned is a creditor of the estate. ', 3. The undersigned creditor has requested that the estate assets ~ distributed according to the attached schedule of distribution and without the ity of an accounting in the appropriate Court. The Executor is willing to make distnbutions if this agc~eement is signed by all beneficiaries. B. T S: The undersigned: 1. Declares that it knows that it has a right to receive an accounting of the I ' 'stration of the estate, and has been given the opportunity to ask questions about the estate and its administration. 2. Waives the preparation, filing and auditing of an accounting of the adn~in~shation of this estate in the appropriate Court. 3. Releases and the Executor, H. Thomas Brewbaker, from an I all claims discharges Y and liabilities of every sort arising in any way out of the estate or the ~nistration of the estate effective upon delivery of the amount shown as distributati a to it on the schedule of distnbution. 4. Agrees to refiind on demand all or any part of the distribution to it if i~ shoould later be found that the distribution was due to a mistake (either innocent or ~ligent) in that all or part of it should have been made to others or that taxes or e~' charges should have been paid first; and agrees that any period for the limitation of actions for the collection of any erroneous distribution to it shall begin on~y when the Executor has obtained actual knowledge of any such distribution and in np event shal I such period be less than two years after the Executor, H. Thomas ~~,Brdwbaker, discovered it. 5. Agrees to indemnify H. Thomas Brewbaker (individually and as Executor) against any and all liability, loss or expense (including, but not limited to rea$onable counsel fees) that may ever be incurred as a result of the distnbution of the est~te without first securing an accounting and order by the court. 6. Declares it to be its intent that this agreement shall be governed by P vania law and shall be legally binding on it and on their executors, stators, heirs, successors and assigns. 7. Declares that it has read this agreement and that the facts set forth abpv~ are correct to the best of its knowledge, information and belief. ', 8. Agrees that this agreement maybe signed in separate parts by each This agreement shall not apply to claims due to the willful or gross negligee of~H. Thomas Brewbaker, the Executor, except those barred by the provisions of the estate or the lidable statute of limitations then available to the Executor. In no event will the liability of the toy exceed the value of the assets to be distributed to it plus any appreciation or income '~ g on that distribution, if any. Kohl's/Chase Bank U.S.A, N.A. Hate: j~ .~~~' ~ ~ ~, i /,: By: ~ ~. .~ ~t n ~ ' wltneSS f ~ ~; : IN THE COURT OF COMM~N PLEAS :CUMBERLAND COUNTY, EI~INSYLVANIA ESTATE OF BERTHA E. MCMURTRIE, :ORPHANS' COURT DIVISI N DECEASED :ESTATE NO. 2108-1102 i AP~tOVAL. RELEASE ANp INpEMNIFICATION A. BACKGROUND: The background of this agreement is as follows: 1. H. Thomas Brewbaker is the Executor of the Estate of Bertha ~. 'McMurtrie, deceased. '. 2. The undersigned is a creditor of the estate. 3. The undersigned creditor has requested that the estate assets ~ distributed according to the attached schedule of distribution and without the fc~rmlality of an accounting in the appropriate Court. The Executor is willing to make ~ distributions if this agreement is signed by all beneficiaries. B. TAR ~S: The undersigned: 1. Declares that it knows that it has a right to receive an accounting of the " 'stration of the estate, and has been given the opportunity to ask questions about estate and its administration. 2. Waives the preparation, filing and auditing of an accounting of the admi~ustration of this estate in the appropriate Court. 3. Releases and discharges the Executor, H. Thomas Brewbaker, from any ail claims and liabilities of every sort arising in any way out of the estate ~ the `stration of the estate effective upon delivery of the amount shown as distnbutabl to ft on the schedule of distnbution. 4. Agrees to refund on demand all or any part of the distribution to it if it s uld later be found that the distribution was due to a mistake (either innocent or n igent) in that all or part of it should have been made to others or that taxes or o charges should have been paid fast; and agrees that any period for the limitation factions for the collection of any erroneous distribution to it shall begin only {,when the Executor has obtained actual knowledge of any such distribution and in no e~etrt shat l such period be less than two years after the Executor, H. Thomas Br~ew~aker, discovered it. 5. Agrees to indemnify H. Thomas Brewbaker (individually and as Executor) against any and all liability, loss or expense (including, but not limited to reasonable counsel fees) that may ever be incurred as a result of the distnbution of the estate without first securing an accounting and order by the court. ~ ~!~ 6. Declares it to be its intent that this agreement shall be governed by P I ylvania law and shall be legally binding on it and on their executors, admin'stitators, heirs, successors and assigns. '; 7. Declares that it has read this agreement aad that the facts set forth ab~ov~ are correct to the best of its knowledge, information and belief. 8. Agrees that this agreement maybe signed in separate parts by each ~reditor. This agreement shall not apply to claims due to the willful or gross negligee of H. Thomas Brevvbaker, the Executor, except thosebarred by the provisions of the estate or the licMable statute of limitations then available to the Executor. In no event will the liability of the cred'to# exceed the value of the assets to be distributed to it plus any appreciation or income g on that distribution, if any. j Capital One Bank (USA) N Date: ~ . Z ~ . L ~. v By. _~ Witness