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Home My WebLink About11-18-11n ~~ _ _~~ _ :~ _ .. ( , ESTATE OF EZRA E. KARPER, JR. - ' ~' ~ - ,~ ___ ~_ File No. 21-08-0041 - -- . FAMILY SETTLEMENT AGREEMENT ~ ~ ~ __ l-„ t J THIS AGREEMENT made this day of ~/I~/~U`~ , 2011 BETWEEN: RICHARD E. KARPER, JAMES E. KARPER, and PAtJL E. KARPER, being the legatees under the Last Will and Testament of Ezra E. Karper, Jr., late of the Township of Shippensburg, Cumberland County, Pennsylvania, AND RICHARD E. KARPER, JAMES E. KARPER, and PAUL E. KARPER, Co- Executors of the Estate under the Last Will and Testament of Ezra E. Karper, Jr., deceased, WHEREAS, Ezra E. Karper, Jr. died November 17, 2007, testate, and under his Will left his estate to the parties herein; and WHEREAS, Letters Testamentary were granted to Richard E. Karper, James E. Karper, and Paul E. Karper on January 10, 2008, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Ezra E. Karper, Jr. have been liquidated or distributed and all his debts paid in full, and further the period of four months ]laving been terminated since the first advertisement of the issuance of Letters to the said Co- Executors, the said parties hereto desire to waive the duty of the Co-Executors to file a First and Final Account with Proposed Schedule of Distribution for purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement Agreement be executed, WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 12.6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 n+ which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the parties hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of their distributive shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release Richard E. Karper, James E. Karper, and Paul E. Karper, Co- Executors, from all claims and demands whatsoever arising out of settlement of the Estate of Ezra E. Karper, Jr. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representatives that they will contribute pro rata their shares 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 personal representatives after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: .-- ~( r Jai (SI?AL) (SEAL) WEIGLE & ASSOCIATES, P.C. -- AL) Richard E. Karper Paul E. Karpex AT LAW - iZ6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the ,~ ~ _ day of y1 ~.~-~-~ 201 1, before me, the undersigned officer, personally appeared RICHARD E. KARPER, JAMES E. KARPER, and PAUL E. KARPER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. / ~- (SEAL) --~^fio~arialSeal Linda ~. i<lein,lofotary Public Shippensburg, P~ Cumberland County My Commission i'K!7irt r ~~,{alast 15, 2012 II WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 7Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-0041 Estate of Ezra E. Karper, Jr., Deceased Late of Township of Shippensburg First and Final Account Richard E. Karper, James E. Karper and Paul E. Karper, Co-Executors Date of Death: 11/17/2007 Date of Incapacity, if any: None Date of Co-Executors' Appointment: 01/10/2008 Date of First Complete Advertisement: 01/18/2008 Accounting for the period: 11/17/2007 to 10/20/2011 Purpose of Account: Richard E. Karper, James E. Karper and Paul E. Karper, Co-Executors, offer this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A. Weigle Esquire Weigle ~ Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 SUMMARY OF ACCOUNT Estate of Ezra E. Karper, Jr., Deceased For h ~riod of November 17,3007 through October 202011 PA PRINCIPAL Receipts: This Account 3 -4 311,221.12 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 311,221.12 Less Disbursements: Debts of Decedent 5 2,544.07 Funeral Expenses 0.00 Administration Expenses (i 11,987.33 Federal, State 8~ Local Taxes 6 12,762.53 Commissions 0.00 Fees 7 13,876.00 Family Exemption 0.00 41,169.93 Balance Before Distributions 270,051.19 Transfer to (from) Principal 20,329.51 Distributions to Beneficiaries 8 - 9 290,380.70 Principal Balance on Hand o.oo For Information: Investments Made Changes in Holdings 10 NCOM Receipts This Account 11 -13 23,908.51 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 23,908.51 Less Disbursements 14 3,579.00 Balance Before Distributions 20,329.51 Transfer to (from) Income -20,329.51 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 0.00 Signature Verification 15 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) Cash Orrstown Bank Certificate of Deposit #4000013710 Accrued interest on above item through date of death Orrstown Bank Checking Account #103004692 Accrued interest on above item through date of death Total Cash Personal Property 2005 Chevrolet Colorado Extended Cab Truck -date of death valueof $11,655 reduced to $6,000 by agreement of all beneficiaries prior to distribution to James E. Karper In Kind Personal Property -gross proceeds of sale 1!12!2008 Total Personal Property StockslListed 41.0000 shares Cumberland Valley Cooperative Total Stocks /Listed Mortgages/Notes Receivable Mortgage Receivable - Burkholders -paid in full 8/16/2011 Accrued interest on above item through date of death Total Mortgage /Note Receivable Real Estate 430 Kara Way, Shippensburg, Southampton Township, Franklin County -gross proceeds of sale 08/05/2008 Total Real Estate Total Receipts ~ba gent Principal Recei~ 02!01/2008 Commonwealth of PA -final settlement of pension account 10, 000.00 30.44 15,278.35 6.50 6,000.00 1,338.50 410.00 125,000.00 920.99 147,500.00 25,315.29 7,338.50 410.00 125,920.99 147,500.00 306,484.78 410.00 Fiduciary Acquisition Value -3- SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value 03103/2010 Contributions from James Karper, Richard Karper, 654.00 and Paul Karper - $218.00 each for payment of 2009 fiduciary income taxes 03/08/2011 Contributions from James Karper, Richard Karper, 1,386.00 and Paul Karper - $462.00 each for payment of 2010 fiduciary income taxes 10120/2011 Contributions from James Karper, Richard Karper, 48.55 and Paul Karper -approximately $16.19 each for payment of additional attorney fee 08/05/2008 County Tax Proration - at real estate settlement 174.94 08/05/2008 School Tax Proration - at real estate settlement 1,609.85 06/13/2008 U. S. Treasury - 2008 economic stimulus payment 453.00 Total Subsequent Principal Receipts 4,736.34 Total Adjustments and Subsequent Receipts 4,736.34 Total Receipts of Principal 311,221.12 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL 01 /14/2008 01 /15/2008 01 /25/2008 01/25!2008 02/04/200$ 02/10/2008 02/20/2008 02/25/2008 03/10/2008 03/10/2008 03/20/2008 03/27/2008 03/28/2008 04/10/2008 0 411 012 0 0 8 04/10/2008 04110/2008 04!19/2008 04125/2008 05/12/2008 0 x/30/2008 06/01 /2008 06/01 /2008 06/01 /2008 06/20/2008 06/28/2008 07/10/2008 07120/2008 07!20!2008 08/23/2008 Borough of Shippensburg Millennium Pharmacy Adams Electric Company Thornwood Village Homeowners -January -February Chambersburg Imaging Associates CFJMA Adams Electric Company Thornwood Village Homeowners -March CFJMA Chambersburg Hospital Adams Electric Company Thornwood Village Homeowners -April Debbie A. Heckman, Tax Collector Borough of Shippensburg CFJMA Internal Revenue Service -final federal income tax PA Department of Revenue -final state income tax Adams Electric Company Thornwood Village Homeowners -May CFJMA Weigle & Associates, P.L. -outstanding billing at date of death Adams Electric Company CFJMA Thornwood Village Homeowners -June Adams Electric Company Thornwood Village Homeowners -July CFJMA Adams Electric Company Borough of Shippensburg Adams Electric Company Total Debts of Decedent 37.06 219.87 8.85 100.00 2.06 28.00 132.10 50.00 28.00 51.00 130.88 50.00 422.80 37.06 28.00 453.00 180.00 92.06 50.00 28.00 135.00 29.27 29.40 50.00 25.78 50.00 26.60 26.84 37.06 5.38 2,544.07 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 01/1212008 Andrew Martin, Auctioneer -expenses of public sale 01/15/2008 Register of Wills, Cumberland County -Letters Testamentary and Short Certificates 01/18/2008 Cumberland Law Journal -advertising Letters Testamentary 02/15/2008 Register of Wills, Cumberland County -1 Short Certificate 02/21/2008 News Chronicle -advertising Letters Testamentary 05/30!2008 Linda K. Klein -notary fee 05/30/2008 Register of Wills, Cumberland County -filing PA Inheritance Tax Return 05/30/2008 Register of Wills, Cumberland County -filing Family Settlement Agreement 05/30/2008 Weigle 8~ Associates, P.C. -reimbursement for postage, xerox copies, and long distance telephone calls 0610412008 Millville Mutual Insurance -fire insurance 08!05!2008 Real Estate Settlement Expenses -including Qocument Preparation - $95.00; Realty Transfer Tax - $1,475.00; 2008-09 School Taxes - $1,771.85; CFJMA - final sewer billing - $32.52; Borough of Shippensburg -final water billing - $44.77; Realtor Commission - $7,375.00 Total Miscellaneous Administrative Expenses Federal, State. and Local Taxes 02/11/2008 Register of Wills, Cumberland County - PA inheritance tax payment at discount 05!30/2008 Register of Wills, Cumberland County - PA inheritance tax balance due Total Taxes 250.50 402.00 75.00 4.00 137.75 24.00 15.00 100.00 35.00 150.00 10,794.08 12,000.00 762.53 11,987.33 12,762.53 -6- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Fees 05/30/2008 Weigle & Associates, P.C. 08/1412008 Weigle & Associates, P.C. -balance of attorney fee 10/20/2011 Weigle 8 Associates, P.C. -additional attorney fee for estate being open 2008-2011, including preparation of fiduciary income tax returns, reconciliation of monthly bank statements, and periodic reconciliation of estate checkbook register Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 6,608.00 6,518.00 750.00 13,876.00 41,169.93 -7- TRANSFERS TO (FROM) PRINCIPAL Date Description Am un 10/06/2011 Transfer of Income to Principal 20,329.51 20,329.51 Transfers To (From) Principal - 1 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL James E. Kamer 01112!2008 1/3 of net proceeds of public sale -CASH 362.67 08/08/2008 2005 Chevrolet Colorado Extended Cab Truck - In 6,000.00 Kind 08/08/2008 Partial Distribution -CASH 39,960.90 11/09/2008 Partial Distribution -CASH 1,500.00 02/26/2009 Partial Distribution -CASH 1,650.00 03/26/2009 Partial Distribution -CASH 1,040.00 10/03/2009 Partial Distribution -CASH 1,050.00 03/27/2010 Partial Distribution -CASH 1,040.00 10/0612010 Partial Distribution -CASH 1,040.00 03/31/2011 Partial Distribution -CASH 800.00 08/26/2011 Partial Distribution -CASH 42,350.00 Paul E. Kamer 01/12/2008 1/3 of net proceeds of public sale -CASH 362.67 08/08/2008 Partial Distribution -CASH 45,960.90 11/0912008 Partial Distribution -CASH 1,500.00 02/26/2009 Partial Distribution -CASH 1,650.00 03126/2009 Partial Distribution -CASH 1,040.00 10/03!2009 Partial Distribution -CASH 1,050.00 03/27/2010 Partial Distribution -CASH 1,040.00 10/06/2010 Partial Distribution -CASH 1,040.00 03/31/2011 Partial Distribution -CASH 800.00 08/26/2011 ~ Partial Distribution -CASH 42,350.00 Richard E. Kamer 01/12/2008 1/3 of net proceeds of public sale -CASH 362.66 08/08/2008 Partial Distribution -CASH 45,960.90 11/09/2008 Partial Distribution -CASH 1,500.00 96,793.57 96,793.57 -8- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Continued 02126/2009 Partial Distribution -CASH 1,650.00 03/26/2009 Partial Distribution -CASH 1,040.00 10/03/2009 Partial Distribution -CASH 1,050.00 03/27/2010 Partial Distribution -CASH 1,040.00 10/06/2010 Partial Distribution -CASH 1,040.00 03/31/2011 Partial Distribution -CASH 800.00 08/26/2011 Partial Distribution -CASH 42,350.00 96,793.56 TOTAL DISTRIBUTIONS TO BENEFICIARIES 290,380.70 -9- SCHEDULEF CHANGES IN PRINCIPAL HOLDINGS ~~ 2005 Chevrolet Colorado Extended Cab Truck 11I17I2007 Inventoried 08/08/2008 Distributed Total 6,000.00 -6,000.00 0.00 o.oo -10- SCHEDULE G RECEIPTS OF INCOME Estate Checking Accoun 02/05/2008 03/05/2008 04/06/2008 05/0512008 06/05/2008 07/06/2008 08/05/2008 09/07/2008 10105/2008 11 /05/2008 12107/2008 01/05/2009 02/05/2009 03/05/2009 04/05/2009 05/05/2009 06/07/2009 07/05/2009 08/05!2009 09/04/2009 10/05/2009 11 /05/2009 12/05/2009 01105/2010 02/07/2010 03/05/2Q10 04/05/2010 Orrstown Bank Certificate. of D~p9sit #4000013710 11 12812007 12/28/2007 01/28/2008 02/26/2008 0.16 0.86 0.42 0.59 0.70 0.09 0.09 6.09 0.08 0.48 0.13 0.03 0.04 0.07 0.02 0.00 0.01 0.01 0.00 0.01 0.01 0.01 0.00 0.01 0.01 0.00 0.01 1.34 31.78 31.78 31.76 9.93 -11- SCHEDULE G RECEIPTS OF INCOME Continued 03!26/2008 04/25/2008 05/27/2008 06/26/2008 07/25/2008 08/26/2008 09!26!2008 10/24/2008 11 /26/2008 12/26/2008 01 /26/2009 02/26/2009 Orrstown Bank Checking Account #103004692 01 /11 /2008 TOTAL BANK INTEREST Receivable - B~rkho 03/26/2008 interest only payment, $3,250.00, less accrued interest to date of death ($920.99) 09/26/2008 interest only payment 03/24/2009 interest only payment 09/29/2009 interest only payment 03/25/2010 interest only payment 10/01/2010 interest only payment 03/23/2011 interest only payment 08!16/2011 final interest at settlement payoff 29.71 31.76 30.74 19.47 15.37 15.88 15.88 15.37 15.88 15.37 15.91 15.93 333.93 5.64 5.64 349.50 2.204.01 3,125.00 3,125.00 3,125.00 3.125.00 3,125.00 3,125.00 2,605.00 23,559.01 23,559.01 -12- SCHEDULE G RECEIPTS OF INCOME Continued TOTAL RECEIPTS OF INCOME 23,908.51 -13- SCHEDULE I DISBURSEMENTS -INCOME Exuense /INCOME PA Der~artment of Revenue 02/26/2009 2008 PA41 fiduciary income tax 202.00 03/17/2010 2009 PA41 fiduciary income tax 193.00 03/09/2011 2010 PA41 fiduciary income tax 192.00 587.00 U. S. Treasurx 03/17/2010 2009 1041 fiduciary income tax 1,200.00 03/09/2011 2010 1041 fiduciary income tax 1,192.00 04/10/2011 2011 federal fiduciary estimated tax payment 200.00 06/09/2011 2011 federal fiduciary estimated tax payment 200.00 08/26/2011 2011 federal fiduciary estimated tax payment 200.00 2, 992.00 TOTAL DISBURSEMENTS OF INCOME 3,579.00 -14- Date 10!06!2011 TRANSFERS TO (FROM INCOME Descri t~ion Transfer of Income to Principal Transfers To {From) Income -1 mo -20,329.51 -20,329.51 ~ 'r In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-0041 Estate of Ezra E. Karper, Jr., Deceased Verification Richard E. Karper, James E. Karper and Paul E. Karper, Co-Executors under the Last Will and Testament of Ezra E. Karper, Jr., Deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to histher knowledge, there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the foregoing Account. This statement is made subject to penah falsification to authorities. Dated: ~ ~ "J' f~ '~ ~ I Dated: , 1 /U - a4 ~ 4 Dated: f ~ - ~ ~ - ~ U r :ies of 18 Pa. C.S.A. Section 4904 relating to unsworn ~• Richard E. Karper, Co-Executor Jam .Karper, Co-E r C~ Paul E. Karper, Co-Executor - 15 -