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Home My WebLink About04-01-11~,~i~`; ,, r; .~ice T~~ ~~{~C 11 ~~,tiil[,It ~ i;t~,~`J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIr~"; 4 ~~R " I ~'` ~ 12~ ;: ~+ ORPHANS' COURT DIVISION cLERx o~ ESTATE OF RICHARD M. GEILING, SR., DECEAS~~ COURT FILE N0.2011-00009 Cl1M6ERlANO Ca., PA FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between RICHARD M. GEILING, JR., as Executor of the Estate of RICHARD M. GEILING, SR., Deceased, and GRACE LOUISE GEILING, RICHARD M. GEILING, JR., JAMES E. GEILING and ROBERT E. DIEHL, EXECUTOR OF THE ESTATE OF NANCY DIEHL, as beneficiaries. WHEREAS, RICHARD M. GEILING, SR., late of Carlisle Borough, Cumberland County, Pennsylvania, died testate on May 11, 2010, having first made his Last Will and Testament dated October 6, 2008, which instrument was admitted to probate on January 4, 2011, and is recorded in Cumberland County, Register of Wills, File No. 20 1 1-00009; WHEREAS, RICHARD M. GEILING, JR. has been duly appointed as Executor of the Estate of Richard M. Geiling, Sr., Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Richard M. Geiling, Sr., Deceased, are: 1. Richard M. Geiling, Jr., son 2. James E. Geiling, son 3. Nancy Diehl, daughter WHEREAS, GRACE LOUISE GEILING, surviving spouse, does not have an interest under the Will; however, pursuant to 20 Pa. C.S.A. §2203, she is entitled to the one-third elective Page 1 of 6 ~~ share of the decedent's estate, and said election was made on January 17, 2011, and filed with the Register of Wills of Cumberland County on January 31, 2011; WHEREAS, RICHARD M. GEILING, JR., JAMES E. GEILING and NANCY DIEHL are entitled to EQUAL SHARES of the residuary estate; WHEREAS, NANCY DIEHL passed away on September 16, 2010, and her residuary share will go to ROBERT E. DIEHL, EXECUTOR OF THE ESTATE OF NANCY DIEHL; WHEREAS, each of the parties to this Agreement have been furnished with a complete Statement of Account as attached hereto and marked as Exhibit A; WHEREAS, it is the desire of the parties to this Agreement that administration of this estate be completed and accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: RICHARD M. GEILING, JR., Executor, does hereby state that he has fully and faithfully discharged the duties of his office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. He further states that all known claims against the Estate have been paid in full, and to the best of his knowledge there are no claims outstanding against the Estate, and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executor, RICHARD M. GEILING, JR., his heirs, executors, administrators and Page 2 of 6 assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JACQUELINE A. KELLY, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executor and Attorneys of the Estate of Richard M. Geiling, Sr., Deceased. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the estate from creditors or claimants. 3. Each of the parties does hereby acknowledge receipt of the assets described on the distribution schedule. 4. Each of the parties acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executor that should any liability come due to the estate of the said decedent after the signing of this Agreement, each will contribute pro rata his/her share of the estate to satisfy any and all claims, demands, suits or causes of action which may be successfully prosecuted against the said estate or the aforesaid Executor after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 3 of 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this February, 2011. WITNESS: ~~ g day of `~~ ~~~ RICHARD M. GEILING, JR., A r y-in-Fact for GRACE LOUISE GEILING, surviving spouse, pursuant to Power of Attorney dated September 10, 2008 /%~~ r RICHARD M. GEILING, JR., E t and Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this the ~ day of January, 2011 before me, a Notary Public, the undersigned officer, personally appeared RICHARD M. GEILING, JR., 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, I hereunto set my hand and official seal. NDTARUU s~wl CNRNiTA M APLIN Notary Publk lAN1ER PAXTON TtNP., DAUPHIN COUNTY wY Co~rNlNaaloa Expires Nov 18, 2013 otary Public ~ ~ Page 4 of 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this February, 2011. WITNESS: g day of ~• J ES E. GEILING, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this the _~' day of February, 2011 before me, a Notary Public, the undersigned officer, personally appeared JAMES E. GEILING, 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, I hereunto set my hand and official seal. NOTARIAL SEAL CHRISTA M APLIN Notuy Puelle Notary Public LOWER PAXTON TWP., OAUPNIN COUNTY NIY Commb~lon Expiro~ Nor 16, 2013 Page 5 of 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ ~~ day of G(. , 2011. WITNESS: ESTATE OF NANCY DIEHL By ~ ERT xecutor COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~Y'-~-~- ~~ On this the ~8~ day of ._t.b/7.C , 2011 before me, a Notary Public, the undersigned officer, personally appeared ROBERT E. DIEHL, EXECUTOR OF THE ESTATE OF NANCY DIEHL, 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, I hereunto set my hand and official seal. iG tea- e Notary Public aowBalas aR ri~n4sxcv xo~r~-tttnt, saw, vL ~o,xoc~r Cerliele Born, G7imb«lend Coimey M commiaion Dxamberl 1014 Page 6 of 6 ESTATE OF RICHARD M CEILING SR DATE OF DEATH MAY 11, 2010 SUMMARY STATEMENT OF ACCOUNT Probate Assets -Schedule A Disbursements -Schedule B Assets Available for Distribution Distributions to Beneficiaries -Schedule C Balance reserved for contingencies' $ 115,316.62 $ (15,014.15) $ 100,302.47 $ (97,302.47) $ 3,000.00 'The reserve balance may increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary beneficiaries after payment of any additional obligations. After final distribution is made, the residuary beneficiaries agree to pay further liabilities of the decedent in the future. Accounting Period 5/11/10-2/8/11 EXhiblt A ESTATE OF RICHARD M CEILING SR DATE OF DEATH MAY 11, 2010 PROBATE ASSETS SCHEDULE A DESCRIPTION PERSONAL PROPERTY PNC Checking Account 50-0500-9664 Thornwald Home resident refund Vehicle: 1997 Chevrolet Lumina VALUE AT DATE OF DEATH $ 112,350.62 $ 1,966.00 $ 1,000.00 $ 115,316.62 Accounting Period 5/11/10-2/8/11 ESTATE OF RICHARD M CEILING SR DATE OF DEATH MAY 11, 2010 DISBURSEMENTS SCHEDULE B DESCRIPTION Minister Honorarium Gingrich Memorials; inscription Register of Wills, Cumberland County, PA; probate fee Jan L Brown & Associates; legal fee PNC Bank; service fees Alexander Spring Emergency Physicians Allan J Mira MD Blue Mountain Anesthesia Assoc Carlisle HMA Physician Management Carlisle Regional Medical Center Cumberland Goodwill EMS Diagnostic Medical Testing Gable Associates; check written 4/13/10; cashed postdeath George Branscum MD Jeanne Ceiling; administrative fee Kinetic Imaging Lehigh Valley Respiratory Care Millennium Pharmacy Systems Moffitt Heart & Vascular Group Philip D Carey MD Thornwald Home West Shore EMS -Carlisle PA Department of Revenue; Inheritance Tax CATEGORY AMOUNT Funeral $ 110.00 Funeral $ 140.00 Adm $ 377.50 Adm $ 5,189.00 Adm $ 79.45 Debt $ 98.36 Debt $ 255.81 Debt $ 27.22 Debt $ 119.57 Debt $ 1,100.00 Debt $ 145.11 Debt $ 50.00 Debt $ 12.45 Debt $ 32.38 Debt $ 200.00 Debt $ 63.12 Debt $ 34.63 Debt $ 92.17 Debt $ 39.22 Debt $ 66.57 Debt $ 3,571.79 Debt $ 93.03 Tax $ 3,116.77 $ 15,014.15 Accounting Period 5/11/10-2!8111 ESTATE OF RICHARD M CEILING SR DATE OF DEATH MAY 11, 2010 DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO LAST WILL AND TESTAMENT DATED 10/6/08 AND NOTICE OF ELECTION AGAINST DECEDENT'S WILL DATED 1/17/11 AND FILED 1/31/11 SCHEDULE C Grace Louise Gelling, wife Elective share (one-third of augmented Estate = 534,630.80) Portion due from probate estate funds = $34,157.64 Cash distribution on 5/24/10 (deposited into PNC Jt Acct 9722) Funds paid from Estate fbo Grace's care 5/12/10-1/15!11 Cash distribution on 1/28/11 Adjustment; reimb to Estate Richard M Gelling Jr, son 11 Tanger Rd, Boiling Springs, PA 17007 One-third residuary estate Cash distribution on or about 2/25111 James E Gelling, son 29 E Factory St, Mechanicsburg, PA 17055 One-third residuary estate Cash distribution on or about 2/25/11 Nancy Diehl, daughter (date of death 9/1612010) 500 Redco Dr, Enola, PA 17025 One-third residuary estate Cash distribution on or about 2/25111 $ 1, 000.00 $ 25,127.63 $ 8, 500.00 $ (469.99) $ 34,157.64 $ 21,048.28 $ 21,048.28 $ 21,048.28 $ 21,048.28 $ 21,048.27 $ 21,048.27 $ 97,302.47 Accounting Period 5/11/10-2/8/11 ELECTIVE SHARE CALCULATION OF THE ESTATE OF RICHARD M GEILING SR DATE OF DEATH 5/11/2010 Personal Property (basis at death) PNC Checking 50-0500-9664 $ 112,350.62 Thornwald Home resident refund $ 1,966.00 Vehicle: 1997 Chev Lumina $ 1,000.00 Total Probate Property Expenses Funeral expense and administrative costs $ (5,895.95) Debts of decedent $ (6,001.43) Total Expenses Jointly-Owned Property (with Grace L Geiling, spouse) PNC Checking Account 50-7007-9722 $ 473.16 Total Jointly-Owned Property Augmented Estate Subject to Spousal Election Pursuant to 20 PA CSA §2203 Elective Share (One-Third of Augmented Estate) Grace Louise Geiling, spouse $ 34,630.80 $ 115,316.62 $ (11,897.38) $ 473.16 $ 103,892.40 SPOUSAL ELECTIVE SHARE DISTRIBUTION PASSING TO GRACE LOUISE GEILING PURSUANT TO ELECTION AGAINST DECEDENT'S WILL DATED 1/17/11 AND FILED 1/31!11 Grace Louise Geiling PNC Jt Checking Account 50-7007-9722 Probate property $ 473.16 $ 34,157.64 $ 34,630.80 2/7/2011