HomeMy WebLinkAbout12-29-10 (2)In Re: ESTATE OF GERALD L. : IN THE COURT OF COMMON PLEAS
WENGER :CUMBERLAND COUNTY,
deceased :PENNSYLVANIA
NO. 21-10-0607
~ :FAMILY SETTLEMENT AND
~~ ~ ~°~-_ :INDEMNIFICATION AGREEMENT
~,~. ,
._:.
^
~~''~~
`~'
°~ ~ ~'
:Filed on behalf of He E. Wen er
`~' ~ v ~
o~- :and Stephen L. Wenger
Co-Executors of the Estate of
~'~' :GERALD L. WENGER,
Deceased
WHEREAS, GERALD L. WENGER, with his last address at 916 Williams Grove Road,
Mechanicsburg, PA 17055, died testate on May 14, 2010, The Last Will and Testament dated May
29, 1997, was duly admitted to probate on by the Register of Wills of Adams County, Pennsylvania
on June 15, 2010, at the above number and term; and
WHEREAS, Henry E. Wenger and Stephen L. Wenger have been duly appointed as Co-
Executors of the Estate of GERALD L. WENGER, Deceased; and
WHEREAS, the parties in interest to the Estate of GERALD L. WENGER, are:
(1) Henry E. Wenger, Executor, Son, beneficiary
(2) Stephen L. Wenger, Executor, son, beneficiary
(3) Charles E. Wenger, Son, beneficiary
(4) Rebecca Ann Shenk, Daughter, beneficiary
(5) Deena Brown, Granddaughter, beneficiary
(6) Krista Dollman, Granddaughter, beneficiary
(6) Carla Apple, Granddaughter, beneficiary
WHEREAS, all known outstanding debts and obligations of the Decedent have been paid in
full;
WHEREAS, each of the parties to this Agreement has been furnished with a complete list of
the estate assets and receipts, attached hereto as Exhibit "A" and disbursements as set forth on the
accounting attached hereto as Exhibit "A"; and
WHEREAS, it is the desire of the parties to this Agreement, that final distribution of this es-
tate be accomplished without a formal accounting to the Orphans' Court Division of the Court of
Common Pleas of Adams County, Pennsylvania, or any other court of competent jurisdiction, it be-
ing the desire of the parties to avoid the expense of a formal accounting; and
WHEREAS, the parties to this Agreement each acknowledge they have received a proposed
Summary of Account attached hereto as part of Exhibit "B".
WHEREAS, the parties to this Agreement each acknowledge they have received a proposed
Schedule of Distribution attached hereto and marked as Exhibit "B"; and
WHEREAS, each of the parties to this Agreement does acknowledge their receipt from the
Executrix the distribution, if any, as evidenced by Approval of Account and Release, which is at-
tacked hereto and marked as Exhibit "C".
NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants
and agreements recited herein, the parties do agree as follows:
1. Each of the parties to this Agreement does hereby release and forever discharge
the Co-Executors from any and all liability which may from time to time arise in connection
with their service as Co-Executors of the Estate of GERALD L. WENGER, Deceased. The
parties do further agree to indemnify and hold harmless the Co-Executors from any and all li-
ability which may arise against the estate from creditors or other claimants.
2. Each of the parties does hereby acknowledge receipt of the assets, if any, described
in the Exhibits attached hereto.
3. Each party to this Agreement acknowledges that this Agreement shall be indexed and
recorded in the estate proceedings in this or any other state, and that the terms hereof shall be
binding upon their respective heirs, successors, Executors and assigns.
4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
Dated at fork Springs, Pennsylvania this
WITNESS:
~ ~~
~ U~
f day of ~ e~~e_~-~-~ Q~-~, 2010.
Henry enger
Stephen L. Wenger
~~
Charles E. Wenger
is
.~~
d~
Carla Apple
~~
ACCOUNTING OF THE ESTATE OF GERALD L. WENGER DECEASED
Descri tion
..................._....................................................................................__.._............ .1.,.~ ..._..................
Amount
PNC.Checkin~.Acct. #5070076206 5 212.41
Brethern in Christ Foundation 9,601.28
.Westfield Insurance Refund
8.00
Cash on Person at time of death ...._
105.90
Television ~ 400.00
2004 Saturn
_ ................................................................................................................................................................................................................................. ..
~ ~~~ ~~~ ~~~~
3,000.00
.........
Ameriprise
Financial
................................................................................................................................................................................................................................................................................................ ................................
.............. 133
.53
...................................................
Prudential Life Insurance ...................
..
5,256.55
Interest
................................................................................... ~-- - --- ---
12.31
Total 23,729.98
ACCOUNTING OF THE ESTATE OF GERALD L. WENGER DECEASED
ll15BUKSEMENTS BY EXECUTRIX
De,,,,, scri„~„tion Amount
.Conklin Funeral Home ~ 10,716.25
John C. Ze III
..............................................PP....~..................................................._. ~~ ~~ ~~~ ~~~
~ 1,500.00
,Lon~._Term...Care.Pharmacy ................................._................._. _. 23.71
Donald Shank Care Provider Prior to Death
. _ ................._............_......................._~......................_........................................................._...._............................._).............................................................
.
...
600.00
.
.
...................................................................................
Verizon Wireless ....................................................
48.33
Verizon Wireless
30.31
Cumberland Coun Re ister of Wills A ent ~ 62.74
Cumberland Count.Y.. Re~ister.of, Wi11s,...Inventory .......................................................
... 15.00
~
.
............................................................................
Cumberland Coun Re ister.of,Wills,,Return
......._.._ty ..............~ ..... .................. .........
.................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4.0 0
.................................................................
Cumberland County Re~ister.of,Wills~.._Family._A~reement .........
..
20.00
.
.....................................................................................
Cumberland County Register of Wills Probate Fee
..._ ......................................................_.. ........... ..............._...............z.........._....................................................................
.. .......................
120.50
.
...............................................................................................
Funeral Luncheon .........s........................................................................
240.53
HoIY...Spirit.Hospital ........................ -- - -- - _ 228.19
Total $13,629.56
Exhibit "A"
ACCOUNTING OF THE ESTATE OF GERALD L. WENGER, DECEASED
SUMMARY OF ACCOUNT
Estate Assets 23,729.98
Less Disbursements $ 13,629.56
BALANCE $ 10,100.42
The following assets are hereby proposed for distribution to heirs pursuant to this Agreement:
Name TV Car
He E. Wen er 120.09 400.00 1,500.00
Charles E. Wen er 2,020.08
Ste hen L. Wen er 520.09 1,500.00
Rebecca Ann Shenk 2,020.08
Deena Brown 673.36
Krista Dollman 673.36
Carla A le 673.36
6,700.42
Exhibit "B"
RECEIPT OF DISTRIBUTION APPROVAL OF ACCOUNT AND RELEASE
The undersigned being those interested under the Last Will and Testament of GERALD L.
WENGER, Deceased, desire that the Estate be distributed without the formality of a court account-
ing. The Co-Executors of the Estate is willing to consent to such distribution upon receipt of a proper
release, which is the purpose of this document to provide. In consideration of the willingness of the
Co-Executors to make distribution without the formality of a court accounting and agreeing to be
legally bound hereby, the undersigned, individually, and on behalf of their respective heirs, personal
representatives, successors and assigns, do hereby:
1. Waive the filing of an account of the administration of the Estate in any court.
2. Declare that they have examined the attached informal account and proposed state-
ment/schedule of distribution of the Co-Executors of the Estate of GERALD L. WENGER, De-
ceased; find it to be true and correct in all particulars; accept and approve it with the same force and
effect as if it had been prepared and filed with, audited, adjudicated and confirmed absolutely by a
court of competent jurisdiction; and as if the balance of principal and income had been awarded by
the court in accordance with the statement/schedule of distribution.
3. Warrant that the beneficiaries named in the informal accounts and statements/schedules of
distribution are entitled to receive the entire distribution thereof in accordance with the informal ac-
count and statement/schedule of distribution.
4. Warrant that they know of no outstanding and unsatisfied claims against the Estate and
approve the distribution of the balance of principal and income shown in the informal accounts and
statements/schedules of distribution to the persons set forth therein.
Exhibit "C"
5. Absolutely and irrevocably release and discharge the Co-Executors their heirs and personal
representatives ofandfrom any and all actions, liabilities, claims and demands relating in any way to the
administration of the Estate and distribution in accordance with the informal account and state-
ment/schedule of distribution and without a court accounting and adjudication.
6. Agree to indemnify and hold harmless the Co-Executors their heirs and personal representa-
tives from and against any claims, liabilities, loss or expense (including costs and counsel fees) arising
from any cause whatsoever, which the Co-Executors may incur as the result of the administration of the
Estate and its distribution in accordance with this document to the extent to which they have received dis-
tribution under this agreement, including, but not limited to, any liability for any Federal Estate Tax,
Pennsylvania Inheritance Tax or any other death taxes, and any Federal or Pennsylvania Income Taxes
and Pennsylvania Personal Property Taxes, together with any interest, penalties and costs incidental
thereto, relating in any way to the Estate and also including, but not limited to, any assets received or
payments or distributions made by reason of any negligence or mistake of law or fact.
- - 7. The undersigned hereby acknowledge receipt of those assets as set forth on the proposed
statement/schedule of distribution as of the date of the execution of this receipt of distribution, approval
of account and release.
Date: ~1-~-~ ~®
WITNE~
~n~.,
~~
Henry E. enger
Stephen L. Wenger
Charles E. Wenger
Retie ca Ann ~
_....
D ena Brown _
Cazla Apple