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Home My WebLink About11-08-10IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF O'DELL L. HAMILTON, DECEASED No. 2008-01146 APPROVAL OF ACCOUNT, WAIVER, RECEIPT, RELEASE, AND AGREEMENT OF INDEMNITY The circumstances leading up to the, execution of this instrument are as follows: 1. O'Dell L. Hamilton died on November 11, 2008, leaving a Will dated July 8, 1975, naming Barry F. Hamilton as Executor. 2. Barry F. Hamilton renounced the right to administer the Estate of O'Dell L. Hamilton and requested that Letters of Administration be issued to Margie H. Murray. 3. Letters of Administration were granted to Margie H. Murray by the Register of Wills of Cumberland County on November 18, 2010. 4. It is the desire of the O'Dell L. Hamilton heirs that the Estate be distributed without the formality of a court proceeding in order to save the expense, publicity, and delay incident to such court proceeding, and the Administratrix is willing to make such distribution upon the execution of this instrument. 5. An account of the administration of the Estate of O'Dell L. Hamilton has been prepared by the Administratrix. A copy is attached hereto as Exhibit A. ~ N o - ~ ~ z , ~~_t 6. In consideration of the foregoing, each of the undersigned hereby: ~%~~-, ~ "'e `-" ~;.s r' :zr pp _x1 •_:7 ~c~p ~ ~ ~' ~,-, ~p-r~ ~ ~~ ~ N =-- `'7 y O aLd -1- A. Represents and wazrants that he has read and understands this instrument and that the facts set forth above aze true and correct to the best of his knowledge, information and belief; B. Declares that he has examined the attached account of the administration of the Estate and the attached schedule of distribution; that he finds them to be true and correct in all particulars; that he accepts and approves them as if they had been duly filed, audited, adjudicated and confirmed absolutely by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, and as if the amounts shown as distributable had been duly awarded to him; C. Waives the filing and auditing of the account of the administration of the Estate in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, and agrees that the Orphans' Court Division of the Court of Common Pleas of Cumberland County may by its decree confirm the account and approve the schedule of distribution; D. Requests the Administratrix to make distribution of the principal and income in accordance with the schedule of distribution, and effective upon delivery to him of the amounts shown as respectively distributable, acknowledges receipt of such property; E. Agrees to refund to the Administratrix any amount which may at any time be determined to have been an erroneous distribution to him, regardless of the cause of such erroneous distribution, even if attributable to negligence, and agrees that any period for the limitation of actions for the collection of any erroneous distribution shall commence only at such time as the Administratrix shall have obtained actual knowledge of such erroneous -2- distribution and that in no event shall the period for collection of any erroneous distribution be less than two years after the actual discovery thereof; F. Absolutely and irrevocably remises, releases, quitclaims and forever discharges Margie H. Murray, individually and in her capacity as Administratrix, from any and all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the O'Dell L. Hamilton Estate; G. Agrees to indemnify and hold harmless, to the extent of the funds received by him hereunder, Margie H. Murray, individually and in her capacity as Administratrix, from and against any and all claims, loss, liability or damage (including legal fees and costs in connection therewith) which she may suffer or to which he/she may be subjected by reason of her administration of the Estate, the settlement of her Administratix's account and the distribution of the assets of the Estate without having the formal approval of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with interest and costs incidental thereto, relating in any way to the Estate; and H. Declares it to be his intention that this instrument, consisting of three pages, shall be governed by the law of Pennsylvania and shall be legally binding as an agreement under seal upon him and upon his heirs, executors, administrators and assigns. Executed on: -- __ D TE BARRY AMIL ON -3- BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-01146 FIRST AND FINAL ACCOUNT OF MARGIE H. HURRAY, Administratrix For ESTATE OF O'DELL L. HAMILTON, Deceased Date of Death: Date of Administratrix's Appointment: Accounting for the Period: November 11, 2008 November 18, 2008 November 11, 2008 to October 29, 2010 PURPOSE OF ACCOUNT: Margie H. Murray, Administratrix, 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 objections can be discussed with: Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 I.D. #23989 (717)737-1300 EXHIBIT A SUMMARY OF ACCOUNT Fiduciary Current Acquisition Page Value Value Proposed Distribution to Beneficiaries 8 $103,906.47 PRINCIPAL Receipts 2 $251,241.81 Net Loss on Sales or Other 3 (51,752.95) Dispositions Less Disbursements Debts of Decedent 4 $811.24 Funeral Expenses 4 11,494.65 Administration Expenses 4-5 6,606.17 Federal and State Taxes 5 9,690.23 Fees and Commissions 5 11,000.00 $39,602.29 Principal Balance on Hand $159,886.57 INCOME Receipts 6 $1, 519.90 Income Balance on Hand 1,519.90 Balance Before Distributions $161,406.47 Distributions to Beneficiaries 7 57,500.00 Combined Balance on Hand $103,906.47 RECEIPTS OF PRINCIPAL Assets Listed in Inventory: (Value as of Date of Death) Cash and Bank Deposits: Fulton Bank CD (#022-0233619) $20,000.00 Cash in possession of Decedent 22.00 Sovereign Bank Premier Checking Acct. #1051068754 4,873.78 Sovereign Bank Premier Money Market Acct. #1054168660 17,854.96 Sovereign Bank CD (#1055518060) 43,000.00 Sovereign Bank CD (#1055341141) 26,575.03 Sovereign Bank CD (#1055544686) 15,000.00 Tangible Personal Proper: Household contents-desk, stands, 2 chairs, assorted kitchen items (taken by son) $250.00 $127,325.77 Haar's Auction (net proceeds) 1,224.50 $1,474.50 Realty: 130 South 18~' Street Camp Hill, PA $121,111.00 2 Refunds: Erie Insurance refunds $91.00 HB McClure Co. refund 986.34 $1,077.34 TOTAL ASSETS LISTED IN INVENTORY: Receipts Subsequent to Inventory (Valued When Received) Foremost Insurance Co. (cancelled property insurance) $253.20 TOTAL RECEIPTS OF PRINCIPAL: $250,988.61 $251,241.81 GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS Sale of Property at 130 South 18~' St., Camp Hill, PA Net Proceeds $69,358.05 Fiduciary Acquisition 121,111.00 NET LOSS: ($51,752.95) 3 DISBURSEMENTS OF PRINCIPAL Debts of Decedent• East Pennsboro Ambulance Service $46.00 Internists of Central PA 30.40 HB McClure (service contract) 257.00 Pennsylvania American Water 56.76 PP&L (electric) 59.77 UGI 40.97 Verizon 14.21 Penn Waste 48.75 Golden Living Center-West Shore 38.00 Mileage of Margie Murray acting as POA Helping Decedent move to Golden Living Center (375 miles x .585) 219.38 Funeral Expenses• Parthemore Funeral Home $11, 309.65 Carlisle Memorials 185.00 Administration Expenses: Probate Fees $376.00 Attorney's postage, photocopies, 50.00 mileage, etc. Administratrix's phone charges 52.48 Administratrix's postage fees 42.00 Paul Murray mileage (772 ~ $.585) 451.62 Home Depot (new lock for house) 16.92 Boones Property Maintenance 291.50 Janet Miller, Tax Collector 608.51 (2009 property taxes) Janet Miller, Tax Collector 1,394.13 (2009-2010 school taxes) PP&L (electric) 268.55 Pennsylvania American Water 341.64 UGI 177.58 Borough of Camp Hill (sewer) 250.00 $811.24 $11,494.65 4 Penn Waste 48.75 HB McClure 49.95 Erie Insurance Group 84.00 Foremost Ins. Co. (homeowner's policy) 1,208.29 Mileage of Administratrix (645 miles x .585) 377.33 (440 miles x .585) 257.40 The Patriot News (Estate advertising) 109.52 Cumberland Law Journal (Estate ad) 75.00 Barry Hamilton (bicycle) 50.00 Reserve for Filing of Account 25.00 $6,606.17 Federal and State Taxes: PA Inheritance Tax $9,605.23 2009 Federal fiduciary taxes 55.00 2009 PA fiduciary taxes 30.00 $9,690.23 Fees and Commissions: Debra K. Wallet, Esq.-Attorney's fees $6,000.00 Margie H. Murray (Administratrix fee) 5,000.00 $11,000.00 5 RECEIPTS OF INCOME Interest Fulton Bank CD #022-0233619 interest $158.21 Sovereign Bank Money Mazket Acct. #2894078986 2009 Interest Jan tluv Sept 2010 $807.75 553.94 $1,361.69 TOTAL RECEIPTS OF INCOME: $1,519.90 DISTRIBUTION TO BENEFICIARIES TO: Barry F. Hamilton 443 Hale Street Harrisburg, PA 17104 02/04/09 Cash Distribution $2,500.00 03/25/09 Cash Distribution 5,000.00 08/14/10 Cash Distribution 50,000.00 TOTAL DISTRIBUTION TO BENEFICIARIES: $57,500.00 7 PROPOSED DISTRIBUTION TO BENEFICIARIES TO: Barry F. Hamilton $103,906.47 443 Hale Street Harrisburg, PA 17104 TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $103,906.47