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HomeMy WebLinkAbout06-20-11o°~ -soa ORPHANS' COURT DIVISION COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY Estate of John C. Emrich, ° . Deceased No.21-009-0502 ~ c, ~~~' ~ c~ ~ ~ c-~ ~~ c'"~ rr, FAMILY SETTLEMENT AND FINAL RELEASE~ ,. ~~ G ~ ~ IN RR~ ._,., - c-_, ~_, . ' .. ESTATE OF JOHN C. EMRICH. DECEASED pc~ " -~~ Y ~ '- D --1 t.~ ~^ 4 J ~._ rn KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, JoTin C. •-- `~ ~; Emrich, late of Silver Spring Township, Cumberland County, Pennsylvania, deceased, died testate on May 20, 2009, having first made his Last Will and Testament, which was duly executed on November 7, 2000, and is duly recorded in the Cumberland County, Register of Wills Office at File Number 21-09-0502; WHEREAS, the said Testator, by the aforesaid Will, named Linda R. Emrich as Executrix of his Last Will and Testament, who predeceased the Testator on July 14, 2005; WHEREAS, the said Testator, by the aforesaid Will, named Matthew J. Emrich, as the successor Executor of his Last Will and Testament; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on May 29, 2009, naming Matthew J. Emrich as Executor; WHEREAS, the Executor has gathered the assets of the estate of the decedent and the assets consist of real estate and personal property, with a total value of $230,395.23, as set forth in Exhibit "A", which is a statement of account of said Executor, and which is attached hereto and made a part hereof, and marked as Exhibit "A". Said assets specifically exclude any assets of the decedent wherein there were beneficiary designations which estate assets are attached hereto as Exhibit "D" entitled Beneficiary Designated Accounts or assets of the decedent held in trust as set forth in Exhibit "E" entitled John C. Emrich Marital Trust; WHEREAS, the debts and deductions, tax on the said estate, amount to $156,233.48, as set forth on Exhibit "B" attached hereto; leaving a balance for distribution to PNC Bank, Trustee of the decedent's Living Trust Agreement dated November 7, 2000 (hereinafter "Trust") of $74,254.76 which the Executor has already or will distribute to PNC Bank, Trustee of the decedent's Trust, and without further accounting, the balance then remaining of $74,254.76 available for distribution, as set forth in the statement of the said Executor, which is attached hereto and labeled "Recapitulation". Such distribution will also include any funds received by the Executor subsequent to the date to which the attached Account is stated. Should any proper liabilities of the estate, whether for taxes or otherwise, arise or come to the attention of the Executor or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof. WHEREAS, in accordance with the decedent's Will, after distribution of personal and household effects, the rest, residue and remainder of the decedent's estate subject to the payment of debts and taxes set forth in Article SECOND of decedent's Will, is given to the Trustee named in the Trust, being PNC Bank, N.A (hereinafter "Trustee" ); WHEREAS, the parties hereto agree that the estate assets shall be distributed, and in the case of certain advance distributions have been distributed, as set forth in the Schedule of Distribution, a copy of which is attached hereto as Exhibit "C" and made a part hereof. Without intending to limit the rights or remedies of the Executor, the parties fiuher agree to indemnify the Executor, and save him harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which he may incur, whether due to his negligence or otherwise, as a result of making the above described distributions from the Estate without a court audit; NOW, THEREFORE, that we, Matthew J. Emrich, Kara E. Emrich, and Kristen E. Wycha, being all of the children of the said decedent, and heirs under the Will of the said decedent and all of the Trust beneficiaries upon the death of the surviving Grantor, do hereby each of us, acknowledge that we have this day received from the aforesaid Executor, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to each of us respectively by the said Last Will and Testament, the personal property and amounts due us under said Will, which personal property and amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit "C". We further acknowledge the residual amount set forth in said statement attached hereto and entitled "Recapitulation" for distribution to PNC Bank N.A., Trustee of the Trust, in accordance with Section 3.C. of the Wili; AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to the distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas, Cumberland Coucrty, Pennsylvania. TI~REFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said Executor, the Executors heirs, administrators and assigns, of and form the said estate and from all actions, suits, payments, accounts, reckoning, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause, or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Executor, that we will contribute pro-rata, our 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 Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all such counterparts together shall constitute but one Agreement IN WITNESS WIIEREOF we have hereunto set our hands and seals this day of ~ , 2011. WITNESS: oZ d~- ~~~ ,. ~~~ COMMONWEALTH OF PENNSYLVANIA SS. couNTY of ~u m~oe~ 4 n~ On this, the ~~_ day of ~, , 2011, before me, a Notary Public, the undersigned officer, personally app Matthew J. Emrich, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. fiH 6~ PENNSYLVANIA NOTARIAL SEAL CARMEN NEWTON, Np~y p~~ MY Cbn~~~ C~~ ~Y . ~~ r21, 2p14 ~~~~ (SEAL) 'sten ~ . Wycha COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~() ~.p~Q nt~ On this, the off, ~ day of 2011, before me, a Notary Public, the undersigned officer, personally ap eared Kara E. Emrich, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL CARMEN NEWTON, Notary Public S. Mlddeton 1~vp., Cumbrlrfand ~rqy Mybn E~iree SepMmbe-21, 2014 COMMONWEALTH OF PENNSYLVANIA. I SS. COUNTY OF ~ t inn In ~ 0.rl . On this, the o~ ( day of 2011, before me, a Notary Public, the undersigned officer, personally ap d Kristen E. Wycha, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and aclaiowledged that she executed the same for the purpose therein contained. IN WTTNESS WHEREOF, I hereunto set my hand and official seal. N fiH 0P PENNSYLVANIA NOTARIAL SEAL CARMEN NEWTON, Notary Pudic 8. Mldtfieton'IYrp., Cumberland Caurriy M!r Conrnieebn E~irea September 21,2014 RECAPITULATION Decedent's Estate Assets (Ex. "A") $ 230,395.23 Decedent's Liabilities/Probate Expenses (Ex "B") - $ 156.140.47 AMOUNT FOR DISTRIBUTION TO THE LINDA R. ENRICH FAMILY TRUST $ 74,254.76 Exhibit "A" ASSETS 6/2/09 Deposit $ 7,400.00 6!29!09 Deposit $ 1,000.73 7/21/09 Deposit $126,580.06 8/31/09 Deposit $ 79,619.98 9/14/09 Deposit $ 24(.00 10/19/09 Deposit $ 12,600.00 1/4/10 Deposit $ 315.00 2/11/10 Deposit $ 490.57 7/19/10 Deposit $ 2,142.89 TOTAL ASSETS $230,395.23 Exhibit "B" LIABILITIES/EXPENSES 1001 6/11/09 Penn Waste, Inc. 44.35 1002 6/11/09 United Water Pennsylvania 19.57 1003 6/11/09 PP Electric 25.71 1004 6/15/09 RSR Appraisers 400.00 1005 6/27/09 Kristen Wycha (reimburse funeral) 4,293.36 1006 6/27/09 Quantum Imaging 175.00 1007 6/27/09 Reager & Adler, PC 1,043.50 1008 7/5!09 Kara Emrich 48.43 1009 7/b/09 AT & T Mobility 42.10 1010 7/12/09 Erie Insurance Group 422.00 1011 7/12/09 UGI 12,52 1012 7/12/09 United Water Pennsylvania 8.88 1013 7/21/09 PPL Electric 22.89 1014 8/8/09 PPL Electric 10.48 1015 8/10/09 UGI 13.88 1016 8/10/09 United Water PA 12.17 1017 8/10/09 Silver Spring Township 97.13 1018 8/10/09 Reager & Adler, PC 1,156.00 1020 8/9/09 Reager & Adler, PC 1,037.00 1021 10/10/09 Penn Waste 44.35 1023 11/8/09 Reager & Adler, PC 512.00 1024 11/17/09 Metro Bank 3,215.24 1025 11/30/09 Reager & Adler, PC 776.50 1026 11/30/09 Kern and Company, PC 3,150.00 1027 1/11/10 Reager & Adler, PC 961.50 1028 2/21/10 Reager & Adler, PC 92.50 1029 4/12/10 Reager & Adler, PC 202.00 1030 5/7/10 Kern and Company 415.00 1031 5/17/10 Reager & Adler, PC 210.00 1032 6/14/10 Reager & Adler, PC 562.00 1033 8/9/10 Reager 8t Adler, PC 382.00 1034 8/27!10 Kristen Wycha 66,666.66 1035 8/27/10 Matthew Emrich 66,666.66 1036 10/7/10 Reager & Adler, PC 455.10 1037 11/09/10 Reager & Adler, PC 695.00 1039 2/3/11 Reager & Adler, PC 1,547.50 1040 3/7/11 Reager & Adler, PC 592.00 1041 4/11/11 Reager & Adler, PC 92.50 Check Printing Fee 16.99 TOTAL LIABILITIES/EXPENSES $156,140.47 Exhibit "B" (continued) PROBATE EXPENSES Register of Wills, Agent Pennsylvania Inheritance Tax $ 57,000.00 (* Not in total, check was written at the settlement of the house and taken out of the proceeds from said sale) Exhibit "C" SCHEDULE OF DISTRIBUTION Matthew J. Emrich -The sum of $66,666.66 was distributed on August 11, 2010 Kara E. Emrich -The sum of $66,666.66 was credit towards the purchase of 96 Longwood Drive, Mechanicsburg, Pennsylvania on July 20, 2009. Kristen E. Wycha -The sum of $66,666.66 was distributed on August 10, 2010. Final distribution by PCN Bank, Trustee from the Linda R Emrich Family Trust. EXHIBIT "D" BENEI+TCIARY DESIGNATED ACCOUNTS Ameriprise Financial -IRA Account: 9310814077 8 004 $ 22,990.64 Fidelity Investments - Tniditional 1RA Account: 219-246344 $ 18,388.72 Fidelity Investments -Roth IRA Account: 219-246336 $ 53,375.35 Minnesota Life Insurance Company -Roth IRA Annuity $ 4,743.17 Account: 1700163 Jackson National Life Insurance Company -Annuity Account: 009244160A $ 61,908.03 Thrift Savings Plan Account: 0605136684081 $ 42,894.11 Fidelity Investments -Annuity Account: 323123066 $ 119,898.54 Allianz Life Insurance Co -Annuity Account: DAN02837 $ 24,387.75 Allianz Life Insurance Co. - Account: DAN 02584 $ 213,244.33 TOTAL $ 561,830.64 EXHIBIT "E" JOHN C. ENRICH MARITAL TRUST John C. Emrich Marital Trust - PNC Bank Account: 27-27-001-3842524 (As of statement 11/31 /10) $249,%1.00* * Said Marital Trast funds were transferred into the Linda R Emrich Family Trust for diatribation from said Trust. As of the date of this Settlement Agreement balance of the John C. Emrich Marital Trust is zero.