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Home My WebLink About04-26-11IN COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA C7 _ _, =`_; ORPHANS COURT DIVISION ~ ~ ESTATE OF SHIRLEY J. WILBUR ~~ r- `~ NO. 21-09-004 ~ ~~ ~_ DECREASED ) `~ c`' ~'~ . L ~C-;~~ .~ - i FAMILY SETTLEMENT AGREEMENT - • . < --{ ~ ,~ C~ Z - -~ rr~~ ~~ ..r This Agreement is made the ~`~y of ~ , 2011, by and among the sons and named beneficiaries of the estate of Shirley J. Wilbur, deceased (herein referred to as "decedent"),and Steven B. Wilbur, Jeffrey A. Wilbur, beneficiaries of the estate and Robert Wilbur (herein collectively referred to as the "sons"). In accordance with their desire that the administration of the estate of Shirley J. Wilbur be terminated without the expense and delay of a court accounting, the parties hereto, in consideration of the mutual covenants herein expressed, and intending to be legally bound hereby, agree that: 1. The estate of Shirley J. Wilbur, who died on December 23, 2008, is now in the process of administration, Letters Testamentary having been duly granted to the Executor by the Register of Wills of Cumberland County on January 14, 2009 (a copy of Letters Testamentary are attached as Exhibit "A"). 2. Consistent with decedent's wishes and the provisions of decedent's Last Will and Testament as well as her primary goal of dividing her property equally among her three sons, the decedent, during her lifetime, transferred certain property to her sons and in accordance with her primary goal, as aforesaid, divided her remaining assets equally as set forth in her Will. A spreadsheet showing that distribution of her assets among her sons is attached as Exhibit "B". 3. The sons, parties hereto, acknowledge by their signatures that each has received the assets set forth on Exhibit "B". (Marked as Exhibit "A" on a previous document). ` 4. Without intending to limit the rights or remedies of each other, the parties further agree to indemnify the Executor and counsel for the estate and save them harmless against all liability, loss and expense, including, but not limited to, costs, fees and other expenses, which they may incur, whether due to their negligence or otherwise, as a result of making the above-described distributions without a court audit. 5. The sons, parties hereto, acknowledge that the Pennsylvania Department of Revenue, Bureau of Individual Taxes, has approved closing of the estate and has in fact provided a refund of taxes paid in excess of the amount, which refund has been correctly distributed. Nonetheless, should any proper liabilities of the estate, whether for taxes or otherwise, arise or come to the attention of the executor or counsel for the estate or any other parties thereafter, the sons agree to be jointly and severally liable therefore. Attached hereto as Exhibit "C" is a copy of the Inheritance Tax Statement of Account. 6. The parties, and each of them, hereby forever fully release, compromise, settle and discharge any and all claims, demands, actions or causes of action, legal or equitable, absolute or contingent, vested or hereafter against the estate of Shirley J. Wilbur, deceased, the Executor, and/or counsel for the estate, by reason of any matter, cause or thing growing out of or relating to any property or assets of the said estate, or growing out of or relating to any act of the executor or counsel in their administration of said estate, even if attributable to negligence, and agree that any period for the limitation of actions for the collection of any erroneous distribution or distributions shall commence only at such time as he shall have obtained actual knowledge of such erroneous distribution or distributions and that in no event shall the period for collection of any erroneous distribution or distributions be less than two years after the actual discovery. 7. The parties have executed a Receipt, Release, Refunding and Indemnification Agreement(s) which are attached hereto and collectively marked Exhibit "D". The parties further agree to execute such additional releases as the counsel may submit to them in order to confirm their discharge from any further liability to the parties in connection with the said estate. 8. The foregoing provisions which apply to those persons herein set forth, shall apply also to any other person who may be appointed in connection with any ancillary administration which may be required in order to complete distributions of whatever nature. 9. This Agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all the parties, and their respective heirs, next-of-kin, personal representatives and assigns. IN WITNESS WHEREOF, the parties have hereunto, with intent to be legally bound hereby, set their hands and seals the day and year first above written. EVEN 6. WILBUR //(~i~i/ L,/ JEFFREY A. WILBUR COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND estate of SHIRLEY J WILBUR SHORT CERTIFICATE I, GLENDA EARNER STRASBAUGH Register for the Probate of Wi11s and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 14th day of January, Two Thousand and Nine, Letters TESTAMENTARY in common form were granted by the Register of said County, on the late of MECHAN/CSBURG BOROUGH /First, Middle, Lastl in said county, deceased, to JEFFREYA WILBUR (First, Middle, Last/ and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 14th day of January Two Thousand and Nine. File No. PA File No. Date of Death S.S. # 2009- 00044 21- 09- 0044 12/23/2008 208-38-7193 EXHIBIT ~ cr NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL Joanne Lvilbur Estate Dispersals Jeff fRA Annuity $40,911.05 And American funds PNC accounts $24,564.92 Ford Escape Members 1sr Bob's Pension Totals $65,475.97 Steve Robert Totals $14,581.49 $12,987.71 $68,480.25 $24,564.92 $9,810.00 $9,810.00 $11, 000.00 $11, 000.00 $1,063.00 per month till 2015 $61,654.00 $61,654.00 $35,391.49 $74,641.71 $174,509.17 EXHIBIT i~ rf SATISFACTION OF AWARD t hereby acknowledge that Jeffrey A. Wilbur, Executor of the estate of Shirley J. Wilbur, deceased, has paid and distributed to me all sums due me as representing my mother's intention of each of her three sons sharing her assets equally, and I direct and authorize the Clerk of the Orphans' Court Division to mark satisfied of record any award which may be due me. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this ,~_ day of 9 ~, (~ u~ r , 2010. ;rL~ / JEFFREY . WILBUR EXHIBIT fr ct a s SATISFACTION OF AWARD I hereby acknowledge that Jeffrey A. Wilbur, Executor of the estate of Shirley J. Wilbur, deceased, has paid and distributed to me all sums due me as representing my mother's intention of each of her three sons sharing her assets equally, and I direct and authorize the Clerk of the Orphans' Court Division to mark satisfied of record any award which may be due me. Jll~~ .~ IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this / 7' day of ~~Q ~~G~-' , 2010. STEVEN B. WILBUR EXHIBIT l\ ~ t1 SATISFACTION OF AWARD I hereby acknowledge that Jeffrey A. Wilbur, Executor of the estate of Shirley J. Wilbur, deceased, has paid and distributed to me all sums due me as representing my mother's intention of each of her three sons sharing her assets equally, and I direct and authorize the Clerk of the Orphans' Court Division to mark satisfied of record any award which may be due me. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this ~l/ day of 20~. ROBERT WILBUR SEX gIT ~~ 1` I9 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX INHERITANCE TAX DIVISION ~ ~T E M E N T O F A C C O U N T PO BOX 280601 , HARRISBURG PA 17128-0601 ~ ~j~i~ ~ -~ ~,~4t ~~ F~, ~~~~~ RICHARD P MISLITSKY 1 W HIGH ST STE 208 PO BOX 1290 CARLISLE PA 17013 pennsylvania ` i DEPARTMENT OF REVENUE ~ REV-1607 EX AFP (12-09) DATE 04-12-2010 ESTATE OF WILBUR SHIRLEY J DATE OF DEATH 12-23-2008 FILE NUMBER 21 09-0044 COUNTY CUMBERLAND ACN 101 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 NOTE: To ensure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS -'~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~N~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~^ REV-1607 EX AFP C12-09~ **~ INHERITANCE TAX STATEMENT OF ACCOUNT ~~* ESTATE OF:WILBUR SHIRLEY J FILE NO.: 21 09-0044 ACN: 101 DATE: 04-12-2010 THIS STATEMENT PROVIDES CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 03-15-2010 PRINCIPAL TAX DUE: 3.495.75 PAYMENTS CTAX CREDITS): PAYMENT RECEIPT DISCOUNT C+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID C-) 01-14-2009 CD010766 174.79 5,000.00 03-23-2010 REFUND .00 1,679.04- ^ TOTAL TAX PAYMENT 3,495.75 EXHIBIT BALANCE OF TAX DUE .00 (l 11 INTEREST AND PEN. .00 TOTAL DUE .00 IF PAID AFTER THIS DATE, SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. In Re: No. 21-09-044 Estate of Shirley J. Wilbur RECEIPT RELEASE REFUNDING AND INDEMNIFICATION AGREEMENT The undersigned, son of Shirley J. Wilbur, deceased, does hereby: 1. Acknowledge that he has received those amounts indicated on the attached spreadsheet marked Exhibit "A"; 2. Waives the filing of the Account and Schedule; 3. Releases the Executor and counsel for the estate of Shirley J. Wilbur and her heirs and personal representatives, from all liabilities, whether due to the negligence or otherwise, which they may have by reason of their administration of the estate; 4. Agrees to refund to the estate any portion of the distribution to which he is not properly entitled, and to the extent of said distribution, to indemnify the Executor and counsel for claims made against them, and to reimburse without limitation to them all and any expenses and costs incurred in connection with any such claims; and 5. Declares that this instrument shall be legally binding upon him, his personal representatives, successors and assigns. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of G~,S ~ , 2010. JEFFR YA. WILBUR EXHIBIT ~i (~ s Joanne Wilbur Estate Dispersals Jeff IRA Annuity $40,911.05 And American funds PNC accounts $24,564.92 Ford Escape Members 1sT Bob's Pension Totals $65,475.97 Steve Robert Totals $14,581.49 $12,987.71 $68,480.25 $24,564.92 $9,810.00 $9,810.00 $11,000.00 $11,000.00 $1,063.00 per month till 2015 $61 654.00 $61,654.00 $35,391.49 $74,641.71 $174,509.17 ?~'A~, EXHIBIT c~ ~~ In Re: No. 21-09-044 Estate of Shirley J. Wilbur RECEIPT. RELEASE. REFUNDING. AND INDEMNIFICATION AGREEMENT The undersigned, son of Shirley J. Wilbur, deceased, does hereby: 1. Acknowledge that he has received those amounts indicated on the attached spreadsheet marked Exhibit "A"; 2. Waives the filing of the Account and Schedule; 3. Releases the Executor and counsel for the estate of Shirley J. Wilbur and her heirs and personal representatives, from all liabilities, whether due to the negligence or otherwise, which they may have by reason of their administration of the estate; 4. Agrees to refund to the estate any portion of the distribution to which he is not properly entitled, and to the extent of said distribution, to indemnify the Executor and counsel for claims made against them, and to reimburse without limitation to them all and any expenses and costs incurred in connection with any such claims; and 5. Declares that this instrument shall be legally binding upon him, his personal representatives, successors and assigns. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of 2010. r' STEVEN . WILBUR EXHIBIT L1 ( ~l Joanne Wilbur Estate Dispersals Jeff IRA Annuity $40,911.05 And American funds PNC accounts $24,564.92 Ford Escape Members 1sr Bob's Pension Totals $65,475.97 Steve Robert $14,581.49 $12,987.71 $9,810.00 $11,000.00 $1,063.OU per month tiil 2015 $35,391.49 $61,654.00 $74,641.71 Totals $68,480.25 $24,564.92 $9,810.00 $11,000.00 $ 61, 654.00 $174,509.17 --~~~~ EXHIBIT ~ u u a In Re: No. 21-09-044 Estate of Shirley J. Wilbur RECEIPT. RELEASE. REFUNDING. AND INDEMNIFICATION AGREEMENT The undersigned, son of Shirley J. Wilbur, deceased, does hereby: 1. Acknowledge that he has received those amounts indicated on the attached spreadsheet marked Exhibit "A"; 2. Waives the filing of the Account and Schedule; 3. Releases the Executor and counsel for the estate of Shirley J. Wilbur and her heirs and personal representatives, from all liabilities, whether due to the negligence or otherwise, which they may have by reason of their administration of the estate; 4. Agrees to refund to the estate any portion of the distribution to which he is not properly entitled, and to the extent of said distribution, to indemnify the Executor and counsel for claims made against them, and to reimburse without limitation to them all and any expenses and costs incurred in connection with any such claims; and 5. Declares that this instrument shall be legally binding upon him, his personal representatives, successors and assigns. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of u~, 201~!~ ~`~ ~ ~ ~, ROBERT WILBUR EXHIBIT ~t 11 Joanne Wilbur Estate Dispersals Jeff IRA Annuity $40,911.05 And American funds PNC accounts $24,564.92 Ford Escape Members 1sT Bob's Pension Totals $65,475.97 Steve Robert $14,581.49 $12,987.71 $9,810.00 $11,000.00 $1,063.00 per month till 2015 $35,391.49 '~~ ~<< EXHIBIT l ~ ~/ a $61,654.00 $74,641.71 Totals $68,480.25 $24,564.92 $9,810.00 $11,000.00 $ 61, 654.00 $174,509.17 VERIFICATION f HEREBY CERTIFY that the statements made in the foregoing FAMILY SETTLEMENT AGREEMENT are true to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties for perjury under 18 Pa.C.S. § 4904. 1 ~~/~• Jeffrey A. Wilbur, Executor