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Home My WebLink About08-23-11ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Estate of Hamilton M. Henry, ; Deceased No. 21-10-063 8 FAMILY SETTLEMENT AND FINAL RELEASE FOR THE ESTATE OF HAMILTON M. HENRY DECEASED KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Hamilton M. Henry, late of East Pennsboro Township, Cumberland County, Pennsylvania, deceased, died testate on June 6, 2010 ,having first made his Last Will and Testament, -which was duly executed on March 22, 2004, and is duly recorded in the Cumberland County, Register of Wills Office at File Number 21-10-063 8; WHEREAS, the said Testator, by the aforesaid Will, named Sherri L. Miller, as Executrix 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 June 23, 2010; WHEREAS, the Executrix has gathered the assets of the estate of the decedent and the assets consist of personal property, with a total. value of $20,184.84 as set forth in Exhibit "A", which is a statement of account of said Executrix, and which is attached hereto and made a part hereof, and marked as Exhibit "A", and which excludes any j oint accounts or beneficiary designated assets of the decedent; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate, amount to $28,158.05, as set forth on Exhibit "B" attached hereto; leaving a deficit balance of $7,913.20. Said deficit has been paid by the Executrix personally from other assets of the decedent to which she was the designated beneficiary. Final attorney's fees are estimated to total $612.00. As the expenses exceed the assets of the estate no funds are available for distribution, as set forth in the statement of the said Executrix, which is attached hereto and labeled "Recapitulation". Should any proper liabilities of the estate, whether for taxes or otherwise, arise or come to the attention of the Executrix or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; lZl?(:ORllI~;D OFI~i(a? OIL 2011 AU G 23 c:~,I~:IU~c~i~~ <)RPI-1~1NS (X)l1R'1' WHEREAS, in accordance with the decedent's Will, each beneficiary is to receive one half (1 /3) of the decedent's interest in the estate; WHEREAS, the parties hereto agree that there are no estate assets available for distribution given that the estate liabilities exceed the estate assets. Without intending to limit the rights or remedies of the Executrix the parties further agree to indemnify the Executrix and save her harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which she may incur, whether due to her negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, we, Sherri L. Miller, Michael R. Henry and Jimmy H. Henry, being the beneficiaries of the said decedent, and being those persons entitled to inherit under said Will, do hereby each of us, acknowledge that we have this day received no distribution from the aforesaid Executrix, as the liabilities and expenses of the estate exceed the assets of the estate as set forth in Exhibit "B" and "A" respectively, and provided for in Exhibit "C", Schedule of Distribution; 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 finalization of the estate being made without the filing of an account and schedule of distribution, if any, 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 County, Pennsylvania. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said Executrix, heirs, Executrix's and 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 Executrix, 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 Executrix, 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 WHEREOF ') we have hereunto set our hands and seals this day of U , 2011. WITNESS: Sherri L. Miller ..,»~~ /r L .` / (SEAL) Michael R. He f (SEAL) Jimmy H. Henry ~CC~/V~/L~l p~ ~~1.~~SEAL) r STATE OF~Q.v~~~,~ U ~~ _~ ~~ L~ : SS. COUNTY OF ~~ On this, the day of , 2011, before me, a Notary Public, the undersigned officer, personally appeared Sherri L. Miller, 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. Not P is CC~~PMt::N"NE~LfiH ~iE I~ENRlB'fl_V~1N~A, l~otariei Seal Jennifer Gross, Nr~tary Public Camp Will Boro, Cumberland County My Commission Expires Sept. 11, 2012 Member, Pennsylvania Assaciation of Notaries STATE OF I Q-~1.S~ ~U ~~ ' /I SS. COUNTY OF ~M ~.( `G'lo~ ~~ On this, the day of ~,' S f _, 2011, before me, a Notary Public, the undersigned officer, personally appeared Michael R. Henry, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N tary Pu COMMf~N~N~AL~M C-t^ P~NIVSYL\/AN!A Notarial Seal Jennifer Gross, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Sept. 11, 2012 Member, Pennsylvania Association of Notaries STATE OF ~~~ , y 1~~, I SS. ~~UNTY ~F ~~ ~ lc,~ ~ . ~-h On this, the day of _, 2011, before me, a Notary Public, the undersigned officer, personally ppeared Jimmy H. Henry, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not lic ~t~Ml~~:3N~.~?>~ITH CAF RFA~t~:r~~{~ ~,e ,~ -~ Notarial Seal `-=-u ~" `~' Jennifer Gross, Notary public Camp Hlll goro, Cumberland County My Commission Expires Sept. 11, 2012 Member, Pennsylvenir p~liCClgtli~rl pt f+ataries RECAPITULATION Decedent's Assets Decedent's Liabilities/Probate Expenses $ 20,244.85 $ 28,158.05 $ - 7,913.20 Final Attorney's Fees to Reager & Adler, PC $ ~ 12.00 Exhibit "A" ASSETS Metro Bank -Checking Account $ 5,986.47 Funeral Reimbursement $ 2,000.00 Cash on Hand $ 25.00 County Burial Award $ 100.00 Comcast Refund $ 73.73 Auto Policy Refund -Erie Insurance $ 229.00 Homeowner's Insurance Policy Refund $ 81.00 GE, Fulton Stock & Fulton Dividend $ 9,864.65 IRS Income Tax Refund $ 1,825.00 Check $ 60.00 TOTAL ASSETS $2 0,244.85 Exhibit "B" LIABILITIES/EXPENSES PP L Electric Bill Mike Henry -Reimburse Funeral Expense Discover Bill Verizon Bill James E. Holland, CPA Sherri Miller -expenses for family trip TOTAL LIABILITIES/EXPENSES TOTAL PROBATE EXPENSES SUBTOTAL $ 271.99 $ 4,742.00 $ 92.02 $ 44.72 $ 290.00 $16,995.00 $22,435.73 $ 5,722.32 $28,158.05 Exhibit "B" (continued) PROBATE EXPENSES Cumberland County Register of Wills Fee to Probate Will $ 127.50 Register of Wills, Agent Pennsylvania Inheritance Tax $ 3,706.82 Reager & Adler, PC Attorney's Fees/Cost $ 1,888.00 TOTAL PROBATE EXPENSES $ 5,722.32 Exhibit "C" SCHEDULE OF DISTRIBUTION Sherri L. Miller - No funds are available for distribution from the estate account.. Michael R. Henry - No funds are available for distribution from the estate account. Jimmy H. Henry - No funds are available for distribution from the estate account.