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Home My WebLink About11-14-11FAMILY SETTLEMENT AND FINAL RELEASE r._. IN THE n ~-; ~-~ -~.-~ , _, ESTATE OF ROBERT KUCHAR =-"~~ J ' ' ~ `- ~;, ~ -_ - --_ -t•., KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS~_~~RT~ KUCHAR, late of Upper Allen Township, Cumberland County, Pennsylvani~;,c~ece-~sedi `; _ -i died on December 11, 2010, having first made his Last Will and Testament, -~v~i,ch was4, -- ~~~ `~a duly executed on December 4, 1992, duly recorded in Cumberland County, Pe~sylvaniar-- , Estate No. 21-10-1242. WHEREAS, the said Robert Kuchar, by the aforesaid Last Will and Testament, named Dorothy Kuchar as Executrix of said Last Will and Testament. Dorothy Kuchar expired on June 8, 2010. The aforesaid Last Will and Testament then named Ralph Kuchar as alternate Executor; and WHEREAS, the said Ralph Kuchar and Karen Kuchar signed Renunciations and named Richard Kuchar as Executor of the Estate; and WHEREAS, the said Executor has gathered the assets of the estate of the said decedent and the assets consist of personal property for a total value of $3,386, 344.01 as set forth in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, the said Executor has paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of $265,445.79, also as set forth in the statement of the said :Executor which is attached hereto and made a part hereof, and marked Exhibit "B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Executor there remains a balance for distribution in the Estate of Robert Kuchar, of $3,120,898.22, as set forth more particularly in Exhibit "C" of the statement of the said Executor, which is attached hereto and made a part hereof. NOW THEREFORE, KNOW YE, that we, Richard Kuchar, Ralph Kuchar and Karen Kuchar, being all of the residuary heirs under the Last Will and Testament of the said decedent and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and 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 us by the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; AND, we do hereby stipulate that in order to avoid the expense and time :involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and consent to 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 it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County. THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said Executor, his heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute 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 space left intentionally blank) 2 IN WITNESS WHEREOF, I have hereunto set my hand and seal this _~ day of November, 2011. WITNESS: ~~'~ Ri and Kuchar, Executor/Beneficiary STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this 7 ~ day of November, 201 1, before me, the undersigned officer, personally appeared Richard Kuchar, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. No y Public COMMONHVEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA A. FIKE, Notary Public Greenwood T~nrp., Perry County 3 IN WITNESS WHEREOF, I have hereunto set my hand and seal this __ day of November, 2011. WITNESS: 1`~`1(Y'S ~ ~wti~ Ralph uchar, 3eneficiay STATE OF NEW YORK . SS. COUNTY OF L-,~ ~n~~~n . On this Ic~"``~ day of November, 2011, before me, the undersigned officer, personally appeared Ralph Kuchar, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. ~ ~ ,~ Notary Public DAWN L. WESTFALL Notary Public, State of New York Ontario Co. Reg #01WE6063084 Commission Expires 08/27/20 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this _~ day of November, 2011. WITNESS: STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ~~ t71Y~~ ~ii~_,f'~d~~~ Karen Kuchar, Beneficiary SS. On this ~ day of November, 2011, before me, the undersigned officer, personally appeared Karen Kuchar, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. N ary Public COMMONIA~EALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA A. FIKE, Notary Public Greenwood 1"wp,, Perry County ~sion~xpii Q~ tuber 24 2013 5 FIRST AND FINAL ACCOUNT OF THE ESTATE OF ROBERT KUCHAR LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DEBITS Your Accountant charges himelf with the following: Personal Property Value American Electric Power - 226.774695 shares $ 8,102.66 Bank of America -Money Market $ 36,193.39 Bob Evans - 398 shares $ 13,667.32 Capital One - CD - 1241799563 $ 30,971.94 Capital One - CD - 1242522971 $ 10,473.63 Capital One - CD - 1243534156 $ 1,007.04 Capital One - CD - 1244307257 $ 20,960.87 Copley Fund $ 14,008.61 Dreyfus - NJ Money Market $ 11,992.75 Dreyfus - NJ Muni Bond NJ Money Market $ 95,728.12 DTE Energy - 406 shares $ 18,805.92 Duke Energy - 1041.9119 shares $ 18,327.23 Energy Arkansas - 17 shares $ 1,683.00 Exxon/Mobil Corporation - 2169.342866 shares $ 157,082.12 Federated Securities $ 14,197.62 Fairpoint Communications - 16 shares $ 0.48 Fidelity -Money Market $ 11,985.92 Frontier Communications Group - 214 shares $ 2,003.04 Great Northern Iron Ore - 66 shares $ 9,900.00 Hennion & Walsh $ 9,198.23 Hudson City - CD - 5500618963 $ 11,495.95 Hudson City - CD - 5500619181 $ 520.21 Hudson City - CD - 5500619233 $ 11,905.10 Hudson City - CD - 5500619256 $ 20,685.58 Hudson City - CD - 5500619568 $ 638.98 Hudson City - CD - 5500619587 $ 24,614.72 Hudson City -Savings Account $ 620.89 Hudson City -IRA $ 49,243.59 J.P. Morgan Chase -Checking Account $ 253,783.60 J.P. Morgan Chase -Savings Account $ 50,385.65 Johnson Controls - 939 shares $ 35,775.90 EXHIBIT A Legacy Treasury Direct $ 215,000.00 Marathon Oil - 584.77 shares $ 20,624.84 McGraw Hill - 39.5 shares $ 1,425.95 Merrill Lynch $ 20,487.66 Metro Bank -Checking $ 246,878.28 Metro Bank -Trust -Karen Kuchar $ 250,363.53 Metro Bank -Trust -Ralph Kuchar $ 250,363.53 Metro Bank -Trust -Richard Kuchar $ 250,363.53 MGE Energy - 253.7 shares $ 10,690.92 Moneygram - 511 shares $ 1,369.48 New Jersey Manufacturers Insurance Co. -Insurance Refund $ 10.80 Northrup Grumman - 278 shares $ 17,878.18 PacTiv Corporation $ 9,600.21 Pfizer - 37 shares $ 634.92 Public Service Enterprise Group - 282.41 shares $ 8,859.20 Spectra - 520 shares $ 12,948.00 State of New Jersey - 2010 State Income Tax Refund $ 952.00 T. Rowe Price $ 52,184.29 Tenneco - 309 shares $ 12,548.49 U.S. Savings Bonds - EE Bonds $ 741,595.00 United States Treasury - 2010 Federal Income Tax Refund $ 23,291.00 USAA $ 15,967.05 Valley National Bank - 2989.495 shares $ 41,255.03 Vanguard - PA Long Term $ 108,803.05 Vanguard - PA Money Market $ 12,723.91 Vanguard -IRA $ 11,392.00 Verizon - 892 shares $ 30,568.84 Viad - 127 shares $ 3,423.92 Wachovia - CD - 28-075-210-3949018 & 28-075-205-3535552 $ 23,816.82 Wachovia - CD - 28-075-282-7300397 $ 12,191.25 Wells Fargo - 352 shares $ 10,732.48 Whirlpool - 133 shares $ 11,480.56 Highmark -Refund $ 92.00 Dividends Earned During Administration $ 9,510.79 Interest Earned During Administration $ 356.44 TOTAL PRINCIPAL DEBITS $ 3,386,344.01 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Neill Funeral Home -Transport Services $ 2,061.42 Richard Kuchar -Administrator Fees $ 60,000.00 Law Offices of Craig A. Diehl -Attorney Fees $ 42,186.90 Law Offices of Craig A. Diehl -Certified Mail Expense for DPW Letters $ 5.54 Law Offices of Craig A. Diehl -Reim. for Bank of America Research Fee $ 20.00 Cumberland County Register of Wills -Probate Fees $ 1,593.50 Cumberland Law Journal -Estate Advertisement $ 75.00 The Sentinel -Estate Advertisement $ 198.16 Cumberland County Register of Wills -Additional Short Certificates $ 40.00 Richard Kuchar -Reimburse Postage/Overnight Charges $ 189.18 Messiah Village -Nursing Home Bill (November) $ 8,532.87 Alert Pharmacy Service -Pharmacy Bill $ 260.12 United States Treasury -Fourth Quarter Federal Estimated Tax Payment $ 6,505.00 Messiah Village -Nursing Home Bill (December -Partial Payment) $ 2,940.41 Capital Area Health Associates -Physician Bills $ 268.72 Messiah Village -Transport Charge $ 75.00 Cumberland County Register of Wills -File Inheritance Tax Return $ 15.00 Cumberland County Register of Wills -File Family Settlement Agreement $ 20.00 Cumberland County Register of Wills -Inheritance Tax Liability $ ].10,000.00 Cumberland County Register of Wills -Additional Inheritance Tax Liability $ 30,458.97 TOTAL PRINCIPAL CREDITS $ 265,445.79 EXHIBIT B RECAPITULATION Principal Debits $ 3,386,344.01 Principal Credits $ 265,445.79 BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF ROBERT KUCHAR $ 3,120,898.22 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Balance for Distribution to the following heirs as described: Richard Kuchar Distribution of Bonds/Mutual Funds $ 363,538.35 6426 Terrace Court Stock Received in Kind $ 151,669.72 Harrisburg, PA 17111 Prior Distribution in Cash $ 250,363.53 Prior Distribution in Cash $ 200,000.00 Prior Distribution in Cash $ 16,371.11 IRA Distribution $ 3,797.34 IRA Distribution $ 16,414.53 $ 1,002,154.58 $ 1,002,154.58 $ 38,144.83 Ralph Kuchar Distribution of Bonds/Mutual Funds $ 368,215.30 4310 Hogmire Road Stock Received in Kind $ 150,084.36 Avon, NY 14414 Prior Distribution in Cash $ 250,363.53 Prior Distribution in Cash $ 200,000.00 Prior Distribution in Cash $ 16,371.11 IRA Distribution $ 3,797.33 IRA Distribution $ 16,414.53 $ 1,005,246.16 $ 1,005,246.16 $ 35,053.24 Karen Kuchar Distribution of Bonds/Mutual Funds $ 371,144.78 2418 State Street, Apt. 9 Stock Received in Kind $ 150,028.45 Harrisburg, PA 17103 Prior Distribution in Cash $ 250,363.53 Prior Distribution in Cash $ 200,000.00 Prior Distribution in Cash $ 4,063.75 IRA Distribution $ 3,797.33 IRA Distribution $ 16,414.53 $ 995,812.37 $ 995,812.37 $ 44,487.04 $ 3,120,898.22 EXHIBIT D BANK ACCOUNT RECONCILIATION Bank Balance as of 7/13/11 Items To Be Paid: Law Offices of Craig A. Diehl Law Offices of Craig A. Diehl Filing Fees Administrator Fee PA Department of Revenue 240,391.5'2 $ (32,186.90) $ (25.54) $ (35.00) $ (60,000.00) $ (30,458.97) $ 117,685.1 a