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HomeMy WebLinkAbout03-17-11ti f In Re: Estate of BETTY ARLENE IN THE COURT OF COMMON PLEAS OF THE 9`~ JUDICIAL DISTRICT OF WEBER, Late of Camp Hill Borough, PENNSYLVANIA, CUMBERLAND COUNTY Cumberland County, Pennsylvania, ORPHANS' COURT DIVISION ~,., ~ Decea:{~d - ~ '~ r - No. 21-09-0033 ~~ -~~ ~"~ FAMILYSETTLEMENTAGREEMENT ~~~.~ c. Gx. i - U.J ~ J L~ - ~ 'HIS AGREEMENT is made and entered into this ~ of ~CIJV' r , 2011, by and ~etween DOUG WEBER, as Executor of the Estate of BETTY ARLENE BER, Deceased (hereinafter referred to as "the Executor"); and CHERYL HOKE, WILLIAM WEBE~2 and DOUG WEBER (hereinafter referred to as "the Beneficiaries"). WHEREAS, Betty Arlene Weber, of Camp Hill Borough, Cumberland County, Pennsylvania, deceased, died testate on December 16, 2008, having first made her Last Will and Testament, which was duly executed on February 9, 2001, and is recorded at File No. 21- 09-0033 in the Office of the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, the said Betty Arlene Weber, by the aforesaid Last Will and Testament named Doug Weber as Executor of said Last Will and Testament; and WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to Doug Weber on January 13, 2009; and WHEREAS, by ITEM SECOND of said last Will and Testament, Decedent gave and bequeathed "all tangible personal property owned by me at the time of my death, as well as real property, to be divided equally between Cheryl Hoke, of Mechanicsburg, my daughter, William Weber of Fayetteville, Ohio, my son, and Doug Weber of Camp Hill, Pennsylvania, my grandson"; and WHEREAS, the Beneficiaries have been furnished with a complete listing of the estate assets, as set forth on the Inheritance Tax return filed by the Executor; a copy of the Inheritance Tax return having been provided to the beneficiaries separate from this agreement; and WHEREAS, the Executor has gathered the assets of the estate of the said decedent, and the. assets consist of cash and real estate with a total value of $355,562.05 as set forth in HOLMAN 8 HOLMAN said Inheritance Tax Return less the difference between the sales price ($106,400) and the A77oaNEVe A7 uw ROBIN NOLMAN nor assessed value as of the date of death ($219,819) of the 2717 Market Street, Camp Hill 18 EAST MAIN STREET P. 0. 80X S7 property in the amount of $113,419 plus additional rents of $11,235 plus reimbursement of NEW BLOOMFIELD, PA ,7088 prorated real estate taxes; and TEI. (717) 5S2-2a1o FAX (717) SS2~178 . T HOLMAN 6 HOLMAN A7TdINEVS Ar Uw ROBIN NOLMAN LOY 18 EAST MAIN STREET P. 0. BOX 97 NEW BLOOMFIELD, PA 17088 TEL. (717j 582-2410 FAX (717 SS2~178 WHEREAS, the Executors have made disbursements and satisfied all estate liabilities which total $126,906.82 as set forth on the said Inheritance Tax Return plus additional expenses of $35,805.59 as hereinafter set forth relating mostly to the upkeep and maintenance of the rental units; and WHEREAS, the inheritance tax in the total amount of $10,289.48 was paid on estate assets; and WHEREAS, the Executor has received Department of Revenue approval of the Inheritance Tax Return which approval has been provided to the beneficiaries separate from this agreiement; and WHEREAS, the Executor has made an advance distribution to Cheryl Hoke and Doug Weber in the amount of $3,736.00 for a total of $7,472.00; and WHEREAS, the balance for distribution as shown on the said Statement of Distribution marked Exhibit "A" has been reduced to cash and will be distributed as herein indicated in accordance with the terms of the Last Will and Testament of the said decedent; and WHEREAS, the duties and responsibilities of the Executor incident to the administration of the Estate have been substantially completed; and WHEREAS, the Executor and Beneficiaries desire to have the balance of the Estate distributed without a formal accounting by the Executor to the Orphans' Court Division of the Court of Common Pleas of the 9`h Judicial District of Pennsylvania, (the Court having jurisdiction over the matter), in order that expense, delay and publicity may be avoided. 'NOW, THEREFORE, the parties hereto, for good and valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound hereby, agree with one another as follows: 1) The foregoing provisions of this Agreement are incorporated herein by reference. 2) The Executor has gathered the assets of the estate of the said decedent which consist of cash and real estate with a total value of $355,562.05 as set forth on said Inheritance Tax Return less the difference between the sales price ($106,400) and the assessed value ($219,819) of the 2717 Market Street, Camp Hill property in the amount of $113,419; plus additional rents of $11,235; plus reimbursement of pro-rated real estate taxes and rents of $598.11; plus $880.63 received from the PA Treasury for "unclaimed property" for a total gross assets of $254,856.79. 3) The Executor has paid estate liabilities of $126,906.82 as set forth on said Inheritance "Tax Return plus Pennsylvania Inheritance Tax of $10,289.48 and additional expenses of $35,805.59 as hereinafter itemized for total liabilities of $173,001.89: a. PA Mun. Retirement System-refund of overpayment for 12/08 - $212.29; } b. PSERS -refund of overpayment of retirement for 12/08 - $447.89; c. Junk removal from 139 23`d street - $500; d. Value Furniture -replace sofa due to soiling - $727.75; e. Jackson Gastroenterology-hospital bill $135.00; f. CCS Financial Systems-ambulance bill - $538.39; g. Palisades Collection/Asta Funding-Old Verizon bill - $216.65; h. PNC Bank-safe deposit fee - $56; i. PNC -mortgage payments prior to sale of 139 North 23`d St property - $886.35 j. UGI Utilities-gas for rentals -$6,949.41; k. PPL-electric - $251.09; 1. Pa American Water -water for rentals -$1,061.10; m. CW Fritz- repair water heater - $160; n. Penn Waste -garbage $243.75; o. Camp Hill Borough -sewer - $955.00; p. Janet Miller, Tax Collector -real estate taxes - $3,634.84; q. Erie Insurance Group -homeowner's insurance - $1,213; r. Gingrich Plumbing/Heating -furnace repair $207.95; s. Camp Hill Borough-porch inspection-$150; t. Mary Weber-reimburse for bathroom renovations at 2717 Market St - $700; u. Member's First Credit Union -payoff of loan for real estate taxes $4,611.80; v. IRS and PA Department of Revenue-income taxes 2008-2009 $2,774; w. Holman & Holman -additional attorneys fees and costs $1,590; x. Ronald D. Freedman, Remax - realtor's commission - $6,384; y. Settlement charges including realty transfer tax and final sewer bill - $1,199.33. HOLMAN b HOLNIAN ATTORNEYS AT LAW ROOIN NOLMAN LOY 18 EAST MAIN STREET P. 0. BOX 97 NEW BLOOMFIELD, PA 170&8 TEL. (717) 582-2410 FAX (777) 5828179 3) The Beneficiaries acknowledge that Doug Weber took out a personal loan with Member's First Federal Credit Union in order to make payment of delinquent real estate taxes due and owing on the 2717 Mazket Street, Camp Hill, PA property and the parties agree that said loan has been repaid to Member's First Federal Credit Union from the proceeds of the sale of the real estate prior to distribution of the estate to the beneficiaries. 4) The Executor made an advance distribution to Cheryl Hoke and Doug Weber in the amount of $3,736 each which distributions shall be charged to each of them as set forth on the attached Statement of Proposed Distribution. 5) The Executor shall file final fiduciary returns with any refunds being divided equally among the Beneficiaries. 6) The Executor shall reserve $1500 of estate funds for the purpose of paying any additional taxes due and owing on personal or fiduciary returns, with any remaining escrow balance being divided equally between the Beneficiaries. 7) Although the Executor does not anticipate any fiduciary taxes being due, nevertheless, the Beneficiaries, Cheryl Hoke, William Weber and Doug Weber, specifically agree to be responsible for any fiduciary taxes which may be due and owing after the preparation and filing of the final personal and fiduciary returns and after using the reserve as set forth in paragraph 6. HOLMAN 8 HOLMAN Arropevs wt uw ROBBI NOLMAN LOY 18 EA8T NWN STREET P. 0. BOX 97 NEW BLOOI~IELD, PA 17088 TEL. (717) 582-2410 FAX (717) SBZAI7B 8) The Beneficiazies acknowledge that each of them has received a copy of the Pennsylvania Inheritance Tax Return and the approval of said return. 9) The Beneficiaries acknowledge and agree that the Statement of Distribution attached hereto as Exhibit "A" is satisfactory and proper, and they accept distribution in accordance with its provisions; and by executing this Agreement, they acknowledge receipt from the Executor of the property allocated to them on Exhibits "B," "C" and "D" in substantial satisfaction of their legacy under the Will of Betty Arlene Weber, Deceased, with a final receipt to be signed by the Beneficiaries when the escrow monies or refund of inheritance tax becomes available. 10) The Beneficiaries hereto acknowledge their right to compel an accounting, which right they hereby waive. 11) The Beneficiaries desire to have the balance of the estate distributed without a formal accounting or Petition for Distribution by the Executor to the Orphans' Court Division of the Court of Common Pleas of the 9a' Judicial District of Pennsylvania, Cumberland County (the Court having jurisdiction over the matter), in order that expense, delay and publicity may be avoided. 12) It is the expressed intention of the parties hereto that the legal effect intended by the Agreement be the same in each in every respect as would be obtained had a Decree of Distribution in this Estate been entered by the Orphans' Court Division of the Court of Common Pleas of the 9`h Judicial District of Pennsylvania, Cumberland County, which Decree had become final and unappealable. 13) The Beneficiaries hereby forever release and dischazge the Executor from any and all claims and liabilities of any kind or nature whatsoever, arising from or related to his service or status as Executor of the Estate. 14) This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to constitute an original. When such executed counterparts have been exchanged by facsimile or electronic mail among the parties, this Agreement shall be considered binding and in full force and effect; thereafter, the parties shall exchange original signed counterparts. 15) This Agreement shall be interpreted pursuant to and governed by the laws of the Commonwealth of Pennsylvania, and shall inure to the benefit of and be binding upon the parties hereto, their personal representatives and heirs at law, as the case may be. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day HOLMAN i HOLMAN ATTORIEYB AT LAW R081N FWLMAN LOY 16 FAST MAW STREET P. O. BOX 97 NEW BLOOMFIELD, PA 17088 TEL. (717) SB2-2410 FAX (717) 582178 of February, 2011. WITNESS: ~~ ~/ .L' Cheryl ke, Beneficiary i William Weber, Beneficiary Doug We r, Executor and Beneficiary !• COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the ~~'day of ~>Zl~, 2011, before me, a Notazy Public, the undersigned officer, personally appeazed Cheryl Hoke, Beneficiary of the Estate of Betty Arlene' Weber known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ~N SREON~I have hereunto set my hand and OFFICIAL seal. IN WITNTMS ~ NotarW sal Shad Lynne Baker, Notary PuhNo ~ Pannaboro Twp., CumbeAartd County /{ /_ /"~ , I ' ~ ~~~~'="~~^ CgxNaNot, hierotr 12, 2079 ,[~4 L ~(,~ . ~, PenrlsylveMa nseoriation d Notaries Notary blic COM11rIONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND bn this, the ~ day of~?~~2011, before me, a Notary Public, the undersigned officer, personally appeazed Doug Weber, Executor and Benefciary of the Estate of Betty Arlene Weber, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, l have hereunto set my hand and OFFICIAL seal. ONWEALTH OF PENNSYLVANIA Noland Seal Shari Lynne Bakx, Notary Pudk: ~ 1 , n N ~ ~~ Eatl parmaboro Twp., Cumfrarland County l ~.-(,~~.r-/ t.[ ~ ce,,,,,,~,lo„ 12, 209 Not Public ~' PermeylvBnla Aeaodetion d Notaries STATE OF OHIO . ss: COUNTY OF On this, the ~_~day ofp7. , 2011, before me, a Notary Public, the undersigned officer, personally appeared William Weber, Beneficiary of the Estate of Betty Arlene Weber, known to me (or satisfactorily proven) to be the person whose name is subscribe ~o the within. instrument, and acknowledged that he executed the same for the r i„ ,.,~~ .u pu Itl~•el~ontained. ~ JENNY L SEYMOUR •0 ;: ~ \~~ ~/ ;~` '•., HOLMAN 6 HOLMAN = ~ ; 2,• WI~~~~ hereunto set my hand and OFFICIAL seal. ATTOru~e-re ATLAw ROBeI IIOLMAN LOY 18 EAST MAIN STREET _ 3TAlt ~ ~ • ~ ~ Recorded in P. O. BOX 97 NEW BLOOAAFIELD, PA ,lose ~ N• , . ~ . Bryn L'~nty ~ >, .• \ ~~~ ..r ~~ MY Comm. Exp. 1/12/15 Publi . TEL. (717) 562-2410 FAX (717) 592-0, 78 , y ~~~~ ~•' ~ • "' ~ ~ O,,`~ i.,~ O T` r 1 r 11l1T 3 In Re: Estate of BETTY ARLENE WEBER, Late of Camp Hill Borough, IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY Cumberland County, Pennsylvania, ORPHANS' COURT DIVISION Deceased No. 21-09-0033 STATEMENT OF DISTRIBUTION 1) Betty Arlene Weber died on December 16, 2008, widowed, and a resident of Camp Hill Borough, Cumberland County, Pennsylvania. 2) Her Last Will and Testament were duly probated by the Register of Wills of Cumberland County, Pennsylvania, and Letters Testamentary issued thereon on January 13, 2009, to Doug Weber, the Executor therein named. 3) Pursuant to Item Second of said Last Will and Testament, the Executor converted the following assets into cash and deposited said cash into the estate checking account: (a) The PNC certificate of deposit totaling $5,433.22 was converted into an estate account for the purpose of paying estate expenses. (b) The PNC certificate of deposit totaling $3,383.79 was converted into an estate account for the purpose of paying estate expenses. (c) Real estate sold at private sale with net proceeds of $22,775.29, deposited in the estate checking account. (d) Real estate sold at private sale with net proceeds of $93,794.68, deposited in the estate checking account. (e) ING Regular Retirement Benefit of $11,029.87 deposited in the estate checking account. (f) PA Department of Treasury "Unclaimed Funds" recovery of $880.63 deposited in the estate checking account. HOLMAN 3 HOLMAN ATroa~ra Ar Uw ROBIN HOLMAN LOY 16 EAST AWN STREET P. O. BOX 97 NEW BLOOAIFIELD, PA ,7068 TEL. (717) 582-2410 FAX (777) 582A178 4) The executor paid all outstanding liabilities totaling $173,001.89 ($162,712.41- l~abilities + $10,289.48-inh tax). 5) The executor reserves in the estate checking account the sum of $1,500 until the filing of returns and payment of the Federal and Pennsylvania taxes and the receipt of all refunds, at which time the executor shall distribute the balance of said estate checking account in equal shares. a 6) After final disbursements were made as set forth on the Inheritance Tax Return and the Family Settlement Agreement, the balance for distribution, less the reserve of $1,500 is the sum of $70,616.85, and will be distributed in accordance with said Last Will and Testament as follows: Cheryl Hoke - $22,296.95 William Weber - $26,022.95 Doug Weber- $22,296.95 HOLMAN 8 HOLMAN ATTOPNEYS AT UW ROBIN NOLMAN LOY 16 EAST MAIN STREET P. 0. BO%97 NEW BLOOMFIELD, PA nose TEL. (717)582-2410 FAX (717) 582.8178 EXHIBIT "A" e In Re: Estate of BETTY ARLENE WEBER, Late of Camp Hill Borough, IN THE COURT OF COMMON PLEAS OF THE 9~' JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY Cumberland County, Pennsylvania, Deceased ORPHANS' COURT DIVISION No. 21-09-0033 RECEIPT FOR PARTIAL DISTRIBUTION CHERYL HOKE, under a Family Settlement Agreement dated February ~.~ , 2011, hereby acknowledges to have received from DOUG WEBER, Executor of the Estate of Betty Arlene' Weber, Deceased, the following assets at the value set opposite it: One-third (1/3) of the balance of funds in the estate checking account (excluding the $1,500 being escrowed for fiduciary income taxes as set forth in the attached Family Settlement Agreement) in the amount of $22,296.95, and requests that the same be charged to her in partial distribution of the Estate. DATED this ~~ day of February, 2011. WITNESS: ~v ~/V OJ ~ (SEAL) CHERYL OKE HOLMAN 8 HOLAAAN ATratl~YS ~T Lnw ROBIN HOLIAAN LOY 18 EAST MAIN STREET P. 0. BOX 97 NEW BLOOMFIELD, PA nose TEL. (717) 582.2410 FAX (717) 582-0778 EXHIBIT "B" ,~ , , r In Re: Estate of BETTY ARLENE WEBER, Late of Camp Hill Borough, Cumberland County, Pennsylvania, Deceased IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY ORPHANS' COURT DIVISION No. 21-09-0033 RECEIPT FOR PARTIAL DISTRIBUTION WILLIAM WEBER, under a Family Settlement Agreement dated February ~~ 2011, hereby acknowledges to have received from DOUG WEBER, Executor of the Estate of Betty Arlene Weber, Deceased, the following assets at the value set opposite it: $3,736 plus One-third (1/3) of the balance of funds in the estate checking account (excluding the $1,500 being escrowed for fiduciary income taxes as set forth in the attached Family Settlement Agreement) in the amount of $26,022.95, and requests that the same be charged to him in the partial distribution of the Estate. DATED this ay of February, 2011. WITNESS: ~;~"l ~L~ r~ . ~9G~ISEAL) ~~~ WILLIAM WEBER HOLMANd,HOLMAN ArronNEVS AT LAW ROBIN HOI.MAN LOY 78 EAST MAIN STREET P. 0. BOX 97 NEW BLO~Af1ELD, PA 17088 ~~i»sez-e+ie EXHIBIT "C" o ~. ~ , In Re: Estate of BETTY ARLENE WEBER, Late of Camp Hill Borough, Cumberland County, Pennsylvania, Deceased IN THE COURT OF COMMON PLEAS OF THE 9~' JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY ORPHANS' COURT DIVISION No. 21-09-0033 RECEIPT FOR PARTIAL DISTRIBUTION DOUG WEBER, under a Family Settlement Agreement dated February o~~ , 2011, hereby acknowledges to have received from DOUG WEBER, Executor of the Estate of Betty Arlene Weber, Deceased, the following assets at the value set opposite it: One-third (1/3) of the balance of funds in the estate checking account (excluding <. the $1,500 being escrowed for fiduciary income taxes as set forth in the attached Family Settlement Agreement) in the amount of $22,296.95, HoLww a HoLMnN AT70RIEY8 AT LAW ROBIN NOLMAN LOY 18 EAST MAIN STREET P. O. BOX 97 NEW BLOOMFIELD, PA 17088 TEL. (717)582-2410 FAX (717) 582-0178 and requests that the same be charged to him in the partial distribution of the Estate. DATED this ~l ~ day of February, 2011. WITNES,SQ: ~m~-~ ~ (SEAL) G BER EXHIBIT "D"