HomeMy WebLinkAbout03-02-11IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF ~~~
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CUMBERLAND COUNTY, PENNSYLVANIA ~ n ~-~- -,-,
ESTATE OF JANE I. BENDER, DECEASED ~ j ~'"y ~ ~ ;' "
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No. 2010-00308
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APPROVAL OF ACCOUNT, WAIVER, RECEIPT, -~ ~
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AND AGREEMENT OF INDEMNITY
RELEASE -r-~ ,
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The circumstances leading up to the execution of this instrument are as follows:
Jane I. Bender died on March 3, 2010, leaving a Will dated September 7, 2004,
naming Suzanne K. Hilborn as Executrix.
2. Letters Testamentary were granted to Suzanne K. Hilborn by the Register of Wills
of Cumberland County on March 25, 2010.
3. It is the desire of the Jane I. Bender 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 Executrix is willing to make such distribution upon the
execution of this instrument.
4. An account of the administration of the Estate of Jane I. Bender has been prepared
by the Executrix. A copy is attached hereto as Exhibit A.
5. In consideration of the foregoing, each of the undersigned hereby:
A. Represents and warrants that he/she has read and understands this
instrument and that the facts set forth above are true and correct to the best of his/her
knowledge, information and belief;
B. Declares that he/she has examined the attached account of the administration
of the Estate and the attached schedule of distribution; that he/she finds them to be true and
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correct in all particulars; that he/she 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/her;
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 Executrix to make distribution of the principal and income in
accordance with the schedule of distribution, and effective upon delivery to him/her of the
amounts shown as respectively distributable, acknowledges receipt of such property;
E. Agrees to refund to the Executrix any amount which may at any time be
determined to have been an erroneous distribution to him/her, 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 Executrix shall have obtained actual knowledge of such erroneous 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 Suzanne K. Hilborn, individually and in her capacity as Executrix, from any and all
actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Jane I. Bender Estate;
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Suzanne K. Hilborn, individually and in her capacity as Executrix, 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 she may be subjected by reason of her
administration of the Estate, the settlement of her Executrix'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/her 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/her and upon his/her heirs, executors, administrators and
assigns;
I. This agreement may be executed in counterparts.
Executed on:
°~ J f a ~ ~1 c~.-~Sl~ K. ( (Seal)
DATE SUZ NE K. HILBORN
DATE JULIE GARCIA
BY:
PEARL STREET UNITED METHODIST CHURCH
(Seal)
DATE
(Seal)
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Suzanne K. Hilborn, individually and in her capacity as Executrix, 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 she may be subjected by reason of her
administration of the Estate, the settlement of her Executrix'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/her 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/her and upon his/her heirs, executors, administrators and
assigns;
I. This agreement may be executed in counterparts.
Executed on:
(Seal)
DATE SUZANNE K. HILBORN
.~ ~ ~ ~ ~~ (Seal)
DATE JULI GARCIA`
PEARL STREET UNITED METHODIST CHURCH
BY: (Seal)
DATE
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Suzanne K. Hilborn, individually and in her capacity as Executrix, 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 she may be subjected by reason of her
administration of the Estate, the settlement of her Executrix'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/her 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/her and upon his/her heirs, executors, administrators and
assigns;
I. This agreement may be executed in counterparts.
Executed on:
DATE
DATE
BY:
SUZANNE K. HILBORN
JULIE GARCIA
(Seal)
as ao
DAT
(Seal)
PEARL STREET UNITED METHODIST CHURCH
1;.~.. ~sr,-~ (Seal)
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BEFORE THE REGISTER OF WILLS,
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2010-00308
FIRST AND FINAL ACCOUNT OF
SUZANNE K. HILBORN, Executrix
For
ESTATE OF JANE I. BENDER, Deceased
Date of Death: March 3, 2010
Date of Executrix's Appointment: March 25, 2010
Accounting for the Period: March 3, 2010 to December 13, 2010
PURPOSE OF ACCOUNT: Suzanne K. Hilborn, Executrix, 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
Proposed Distribution
to Beneficiaries
Page
5
Fiduciary
Current Acquisition
Value Value
$54,085.89
PRINCIPAL
Receipts
Less Disbursements
Debts of Decedent
Funeral Expenses
Administration Expenses
Federal and State Taxes
Fees and Commissions
Principal Balance on Hand
INCOME
Receipts
Income Balance on Hand
Balance Before Distributions
Distributions to Beneficiaries
2
3
3
3
3
3
4
$72, 329.97
$555.38
10,016.40
273.50
2,606.05
5,000.00 $18,451.33
$53,878.64
$207.25
207.25
$54,085.89
0.00
Combined Balance on Hand $54,085.89
RECEIPTS OF PRINCIPAL
Assets Listed in Inventory:
(Value as of Date of Death)
Cash and Bank Deposits:
Sovereign Bank Checking
Acct. #431129851
Sovereign Bank Money Market
Acct. #57417450
Citizens Bank Checking
Acct. #610080-194-2
Citizens Bank Money Market
Acct. #610102-180-8
Citizens Bank CD
#6253-741705
Citizens Bank CD
#6140-907020
The Bridges at Bent Creek
$2,692.81
44,718.81
2,292.76
200.59
5,192.63
14,000.00 $69,097.60
$3,232.37
TOTAL ASSETS LISTED IN INVENTORY: $72,329.97
Receipts Subsequent to Inventory
(Valued When Received)
TOTAL RECEIPTS OF PRINCIPAL: $72,329.97
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DISBURSEMENTS OF PRINCIPAL
Debts of Decedent:
Alert Pharmacy $202.47
West Shore EMS 352.91 $555.38
Funeral Expenses•
Snyder Funeral Home $9,545.40
Reverend Martin 80.00
Reverend Davis 50.00
Willow Valley (funeral refreshments) 341.00 $10,016.40
Administration Expenses:
Probate Fees $224.50
Attorney's postage, photocopies,
mileage, etc. 30.00
Citizens Bank fees 9.00
Reserve for Filing of Account 10.00 $273.50
Federal and State Taxes:
PA Inheritance Tax $2,596.05
Reserve for 2010 fiduciary taxes 10.00 $2,606.05
Fees and Commissions:
Debra K. Wallet, Esq.-Attorney's fees
$5,000.00
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RECEIPTS OF INCOME
Interest
Citizens Bank Money Market
Acct. #622552-970-9
Interest 3/24/ 10 through 12/02/ 10 $133.15
Interest accrued on decedent's account after date of
death but prior to all accounts being closed 74.10
TOTAL RECEIPTS OF INCOME:
$207.25
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PROPOSED DISTRIBUTION TO BENEFICIARIES
TO: Suzanne K. Hilborn
5613 Moreland Court
Mechanicsburg, PA 17055 $48,677.31
Julie Garcia
141 Main Street
New Providence, PA 17560 $2,704.29
Pearl Street United Methodist Church
133 Pearl Street
Lancaster, PA 17603 $2,704.29
TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $54,085.89
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