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Home My WebLink About07-13-11 (6)IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ~ - -, ~~~~ ~ ~ ~J ~ ~~,1 Estate of Robert K. Hess, Estate No. 21-10-1260 :~' r- ~~ ~ ' ;-. ~~? ...r. _. ... ,J Late of Mechanicsburg, Cumberland ~ ~ ~ c~ `;; ' '~~" County Pennsylvania, deceased. ~ ~ p ~„ ~ , ~~c _ --~ ~; ,--- r-r-r RECEIPT, RELEASE, REFUNDING, AND INDEMNIFICATION AGREEMEN ;~ ~~ The undersigned, Richard D. Hess, a beneficiary of the Estate of Robert K. Hess, deceased, does hereby: 1. Acknowledge that he has examined and approved the First and Final Account of Betty J. Sollenberger and Richard D. Hess, Co-Executors of the Estate of Robert K. Hess, a copy of which is attached hereto as Schedule A and made a part hereof by this reference. 2. Acknowledge receipt of all the assets to which he is entitled under the Distributions to Beneficiaries and Proposed Distributions to Beneficiaries sections of the First and Final Account. 3. Release Betty J. Sollenberger and Richard D. Hess, and each of their heirs, personal representatives, successors and assigns from alI liabilities, whether due to the Co- Executors' negligence or otherwise, which he may have by reason of the Co-Executors' administration of the estate. 4. Agree to refund the Co-Executors any portion of the distribution to which he is not properly entitled and, to the extent of said distribution, to indemnify Co-Executors for claims against them as Co-Ex~utors, and to reimburse to the Co-Executors all expenses and costs (including attorney's fees) incurred in connection with any such claims. 5. Declare that this uistrument 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 (,P ~ (~ , 2011. Richard D. Hess ~~ coMn~on~w~a.~ o~ P~rw~sn.v~w~a Not~arfel seat COMMONWEALTH OF PENNSYLVANIA. ~ ~., r SS. ~' won Etas Oct 3, 2011 COUNTY OF ~ h eS ~e ~ ~"~' ~~,~, or On this, the ~~ day of ~ U ~ ~ , 2011, before me, the undersigned officer, a Notary Public in and for said county and state, personally appeared Richard D. $ess, known to me or satisfactorily proven to be the person whose name is subscribed to the within iZ~strument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public) My Commission Expires: Q'C~. ~~ o~U'~~ Schedule A i Z2595v1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION Fiie No. 21-10-1260 FIRST AND FINAL ACCOUNTING OF Betty J. Solienberger, Co-Executor Richard D. Hess, Co-Executor For Estate of Robert K. lless Date of Death: December 11, 2010 Date of Incapacity, if any None Date of Appointment: December 27, 2010 Date of First Complete Advertisement None Accounting for the Period: .December 1 1, 2010 to June 14, ZOI 1 Purpose of Account: The above fiduciaries offer this account to acquaint interested parties with the transactions that have occurred during their administration. It is important that the account be carefully examined. Requests for additional information, or questions, or objections, can be discussed with: Persun & Heim, P.C. PO Box 659 Mechanicsburg, PA 17055-0569 Gary J. Heim, Esquire (717)620-2440 Signatures: Supreme Court I.D. No. 32774 Estate of Robert K. Hess Summary of Account Receipts Income Collected Net Loss on Sales or Other Dispositions Less Disbursements: Debts of Decedent . Funeral Expenses Administrative Expenses Federal, State, & Local Taxes Fees & Commissions Page 2 4 5 $ 160,960.69 2,033.71 (95.82} $ 162,898.58 Balance Before Distxibutions Less Distributions to Beneficiaries Total Total Balance On Hand For Information: Investments Made Unpaid Expenses Unrealized Gains and Losses 7 9 10 I1 13 $ 14,617.57 8,520.70 557.86 5,000.00 3,116.50 31,812.63 $ 131,085.95 1,000.00 1,000.00 $ 130,085.95 Estate of Robert K. Hess Receipts Cash and Cash Equivalents Cash in wallet Cash proceeds from sale of scooter Cash proceeds from sale of walker Federal 2010 individual income tax . refund Final Met Life Annuity. Payment Fulton Bank Money Market Account #9904-88613 Highmark Insurance Refund Messiah Tillage Refund Due Under Acquisition Agreement Mutual of Omaha refund Pennsylvania 2010 individual income tax refund Susquehanna Bank Certificate of Deposit #1523838532 Interest to Date of Death Susquehanna Bank Checking Account # 1523 83 8501 Verizon refund Total Cash and Cash Equivalents No. of Shares Mutual Funds Raymond James Mutual Fund Account #82539400 - Total Mutual Funds Tangible Personal Property 1986 5-10 Chevy Pick-up Household items and furnishings Inventory Value 12/11/2010 69.00 100.00 :20.00 216.00 '70.36 1,887.33 92.00 13,902.00 652.70 320.00 3,000.00 0.64 4,4:15.16 8.57 $ 24.753.76 $ 25,686.36 $ 500.00 500.00 25,686.36 Page 1 (2) Receipts (Continued) Tangible Personal Property Total Tangible Personal Property Miscellaneous Kemper Scudder Destination Annuity Contract #KI11041924 Total Miscellaneous Par Value Mortgages & Notes Deferred Payment Receivable from Parke and Betty Sollenberger for real estate purchased from decedent in the original principal amount of $150,000.00, payable over 15 years at 4.8% interest at $1170.62 per month and payment number 97 was made prior to decedent's death. Total Mortgages & Notes Totallnventory Total Receipts of Principal Page 2 Inventory Value - 12/11/2010 - 1,000.00 $ 26,980.81 $ 82,539.76 26,980.81 82,539.76 $ 1.60,960.69 $ 160,960.69 (3 ) Estate of Robert K. Hess Income Collected Income Collected Deferred Payment Receivable from Parke and Betty Solienberger for real estate purchased from decedent in the original principal amount of $150,000.00, payable over 15 years at 4.8% interest at $1170.62 per month and payment number 97 was made prior to decedent's death. 06101/2011 Interest on 0 Par Susquehanna Bank Certificate of Deposit #1523838532 12131 /20 I 0 Interest on 0 Par Less accrued portion Wachovia Business Enhanced Rate Savings Account #2000059545679 03131/2011 Interest 04/15/2011 Interest 04/30/2011 Interest OS/31 /2011 Interest Wachovia Estate Checking Account #2000059545349 01/31/2011 Interest Total Income Collected Total Income Collected Page 1 $ 1,980.95 $ 1,980.95 s $ 0.64 (0.64) 0.00 $ 1 `/.38 E~.69 8.69 17.48 52.24 $ o.s2 0.52 $ 2,033.71 $ 2,033.71 (4) Estate of Robert K. Hess Gains and Losses on Sales or Other Dispositions Net Gain Net Loss 12/31/2010 Sale Final Met Life Annuity Payment Net Proceeds $ 70.36 Carved at 70.36 12/31/2010 Sale . Fulton Bank Money Market . Account #9904-88613 Closed account Net Proceeds $ 1,887.33 Carried at 1,887.33 12/31/2010 Sale Messiah Village Refund Due Under Acquisition Agreement Net Proceeds $ 13,902.00 Carried at 13,902.00 12/31/2010 Redemption O Par Susquehanna Bank Certificate of Deposit #1523838532 Closed CD Net Proceeds $ 3,006.41 Inventoried at 3,000.00 $ 6.4I 12/31/2010 Sale Susquehanna Bank Checking Account #1523838501 . ~ Closed account Net Proceeds $ 4,410.16 Carried at 4,410.16 01/13/2011 Sale Cash proceeds from sale of scooter Net Proceeds $ 100.00 Carried at 100.00 02/05/2011 Sale Mutual of Omaha refund Net Proceeds $ 652.70 Carried at 652.70 Wage 1 CS) Gains and Losses on Sales or Other Dispositions (Continued) Net Gain Net Loss 02!05/2011 Sale Verizon refund Net Proceeds $ 8.57 Carried at 8.57 02/14/2011 Sale 0 Shares Raymond James Mutual Fund Account #82539400 Net Proceeds $ 26,140.90 Inventoried at 25,686.36 $ 454.4 02!22/2011 Sale Cash in wallet Net Proceeds $ 69.00 Carried at 69.00 02/22/2011 Sale Cash proceeds from sale of walkex Net Proceeds $ 20.00 Carried at 20.00 . 02/23/2011 Redemption Kemper Scudder Destination Annuity Contract #KI11041924 Closed annuity Inventoried at $ 26,980.81 Net Proceeds 26,424.04 $ 556.77 06/06/2011 Sale Wachovia Business Enhanced Rate Savings Account #2000059545679 Net Proceeds $ 26,476.28 Carried at 26,476.28 Total Gains and Losses $ 460.95 $ 556.77 Net Loss $ 95.82 Page 2 (6) Date Paid Debts of Decedent Alert Pharmacy 01 /07/20 t 1 Prescription costs Check Number 0091 01 / 11 /2011 Prescription costs Check Number 092 Total Alert Pharmacy Messiah Village Home Care O 1 /24/2011 Nursing home transportation costs Total Messiah Village Home Care Messiah Village 12/31 /2010 Nursing home care costs 01 /24/2011 Nursing home care costs Total Messiah Village Paul Dalbey, DPM 02/05/2011 Physician bill Total Paul Dalbey, DPM 'T'otal Debts of Decedent Funeral Expenses Reynolds Funeral Horne 01/19/2011 Funeral expenses Check Number 0094 Total Reynolds Funeral Home Total Funeral Expenses Administration Expenses Persun & Heim, P.C. 02/22/2011 Legal costs, including photocopy charges and postage 03/30/2011 Legal costs, including fees for title search and legal advertisement Page 1 $ 229.18 49.38 $ 334.86 $ 13,902.00 77.15 $ 25.00 $ 8,520.70 $ 14.70 273.16 $ 278.56 $ 334.86 $ 13,979.15 $ 25.00 $ 14,617.57 $ 8,520.70 $ 8,520.70 (7) Estate of Robert K. Hess Disbursements Amount Paid i Disbursements (Continued) Date Paid Amount Paid Administration Expenses Total Persun & Beim, P.C. Susquehanna Bank 12/28/2010 Finance charge $ Total Susquehanna Ban k Walz Deihm Geisenberger Bucklen & Tennis PC 03/091201 I Final individual income tax $ return preparer fees Check Number 1004 Total Walz Deihm Geisenberger Bucklen & Tennis PC Total Administration Expenses Federal and State Taxes Register of Wills, Agent 03/09/2011 Inheritance taxes $ Check Number 1003 Total Register of'V4~ills, Agent Total Federal and State Taxes Fees and Commissions Persun & Heim, P.C. 02/22/2011 Legal fees $ 02/22/2011 Legal fees. This expense was originally paid by Betty Sollenberger and has been reimbursed to her. 03/3.0/2011 Legal fees Total Persun & Heim, P.C. Total Fees and Commissions Total Disbursements Page 2 (8) 5.00 26s.oo $ 287.86 $ 5.00 $ 265.00 ~ 557.86 5,000.00 $ 5,000.00 $ 5,000.00 917.50 1,b04.00 595.00 $ 3,116.50 ~ 3,116.50 $ 31,812.63 Estate of Robert K. Hess Distributions to Beneficiaries Distribution Value Richard D. Hess 12/1 I/2010 1986 5-10 Chevy Pick-up $ 500.00 12/31/2010 Household items and furnishings 250.00 Total To or For Beneficiary ~ 750.00 Betty J. Sollenberger 12/31/2010 Household items and furnishings $ 250.00 Total To or For Beneficiary ~ 250.00 Total Distributions to Beneficiaries ~ 1,000.00 Total Distributions ~ 1,000.00 Page 1 C9) ~ . ESTATE OF ROBERT K. HESS PROPOSED DISTRIBUTIOI~I5 TO BENEFICIARIES Richard D. Hess Wachovia Estate Checking Account #2000059545349 Deferred Payment Receivable from Parke and Betty Sollenberger in the original principal amount of $150,000.00 Betty J. Sollenberger Deferred Payment Receivable from Parke-and Betty Sollenberger in the original principal amount of $150,000.00 Total Proposed Distributions to Beneficiaries Distribution Value $40,000.00 $22,260.35 $62,260.36 *Reserve being held in Wachovia Estate Checlung Account #2000059545349 is $5,565.24. 226is~~ (9A) Estate of Robert K. Hess Balance Qn Hand Inventory Value Cash and Cash Equivalents i Pass Thru Account $ Wachovia Estate Checking Account #20000S9S4S349 Total Cash and Cash Equivalents Par Value Mortgages 8i Notes Deferred Payment Receivable from Parke and Betty Sollenberger for real estate purchased from decedent in the original principal amount of $1 S 0,000.00, payable over 1 S years at 4.8% interest at $1170.62 per month and payment number 97 was made prior to decedent's death. $ Total Mortgages & Notes Total Balance on Hand 1,9so.9S 4S,S6S.24 $ 47,546.19 82,539.76 $ 82,539.76 ~ 130,085.95 ~, Richard D. Hess, Co-Executor of Robert K. Hess Betty J. 1 Berger, Co-Executor Robert ess Page 1 (10) Estate of Robert K. Hess Information Schedules Inventory 'value Exchanges and Stock Distributions 1986 5-10 Chevy Pick-up 12/11!2010 Received Transfered to son, Richard D. Hess, within one year of decedent's death. 12/11 /2010 Distribution To Richard D. Hess Deferred Payment Receivable from Parke and Betty Sollenberger for real estate purchased from decedent in the original principal amount of $150,000.00, payable over 15 years at 4.8% interest at $1170.62 per month and payment number 97 was made prior to decedent's death. 1.2/11/2010 Received On Hand Household items and furnishings 12/11/2010 Received 12!31/2010 Distribution To Betty J. Sollenberger 12131 /2010 Distribution To Richard D. Hess Kemper Scudder Destination Annuity Contract #KIi1041924 1 Z/ 11 /2010 - Received - Beneficiaries are children, Richard D. Hess and Betty _ 1. Sollenberger, in equal shares. 02/23/2011 Redeemed Closed annuity Raymond James Mutual Fund Account #82539400 12/11 /2010 Received 02/14/2011 Sold Page 1 ~ soo.oo {soo.oo~ 82,s39.76 $ 82,s39.76 s00.00 (2s0.00) {250.00) 26,980.81 (26,980.81.) 2s,686.36 {2s,686.36) {11) Information Schedules (Continued) Inventory 'Value Exchanges and Stock Distributions Susquehanna Bank Certificate of Deposit #1523838532 12/ 11 /2010 Received 12/31 /2010 Redeemed Closed CD Page 2 $ 3,000.00 (3,000.00) (12~ - Estate of Robert K. Hess Unrealized Gains and Losses Deferred Payment Receivable from Parke and Betty Sollenberger for real estate purchased from decedent in the .original principal amount of $150,000.00, payable over 15 years at 4.8% interest at-$1170.62 per month and payment number 97 was made prior to decedent's death. Market 'Value $ 0.00 Inventory Value $ 82,539.76 Gain or (Loss) $ (82,539.76) Total S 0.00 Page 1 (13} $ 82,539.76 $ (82,539.76) Estate of Robert K. Hess VERIFICATION RICHARD D. HESS, Co-Executor of Robert K. Hess, hereby declares under oath that said executor has fully and faithfully discharged the duties of their office; that the foregoing First and, Final Account is true and correct and fu11y discloses all significant transactions occurring during the accounting period; .that all known claims against the Estate have been paid in foil; that to their knowledge there are no claims now outstanding against the Estate; and that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first corr~plete advertisement thereof occured .more than four months before the filing of the foregoing First-and Final Account. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Data: 6 ~'f lZichard D. Hess VER~FICATYON (Continued) BETTY J. SOLLENBERGER, Co-Executor of Robert K. Hess, hereby declares under oath that said executor has fully and faithfully discharged the duties of they office; that the foregoing First and Final Account is true and correct and fully discloses alI significant transactions occurring during the accounting period; that all . known claims against the Estate have been paid in full; that to their knowledge there are no claims now outstanding against the Estate; and that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occured more than four months before the filing of the foregoing First and Final Account. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. _ ~e~' J. Sollenberger (/ Dated: ~` ~~ ll