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HomeMy WebLinkAbout01-19-12ORPHANS' COURT DIVISION ~` '~ ~~. COURT OF COMMON PLEAS OF CUMBERLAND COUN'I'~"' ~ ~: __ ~, i ~.wW Estate of Thelma A. Blosser ~ - Deceased No. 21-10-1021 ~ . _.-;., FAMILY SETTLEMENT AND FINAL RELEASE ~ ._" FOR ESTATE OF THELMA A BLOSSER, DECEASED KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Thelma A. Blosser, late of New Cumberland Borough, Cumberland County, Pennsylvania, deceased, died testate on September 30, 2010, having first made her Last Will and Testament, which was duly executed on December 31, 1997, and is duly recorded in the Cumberland County, Register of Wills Office at File Number 21-10-1021; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on October 8 2010 naming Richazd Blosser as Executor; WHEREAS, the Executor has gathered the assets of the estate of the decedent and the assets consist of personal property and monies, with a total value of $337,032.91 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 mazked as Exhibit "A"; WHEREAS, the assets referenced in Exhibit "A" exclude the real estate at 315 Fifth Street, New Cumberland, Pennsylvania and 507 Eutaw Street, New Cumberland, Pennsylvania which were specifically devised to decedent's son Richazd Blosser, the said Richazd Blosser paid the inheritance tax on the real estate from his own funds in the amount of $9,357.51; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate, amount to $36,464.42, as set forth on Exhibit "B" attached hereto; partial distributions were made to the beneficiaries in the amount of $273,000.00, as set forth on the Recapitulation attachment thereby leaving a balance for distribution of $27,568.49 from which the Executor will/has: (i) withhold $950.00 for payment of final attorney's fees, (ii) withhold $300.00 for payment of fiduciary taxes and any other proper expenses or liabilities of the estate of which the Executor shall have received a.-~ r -; ~:~,~ notice by that time, or which may otherwise be payable, (iii) and distribute to the beneficiaries, in the proportton of their interests and without further accounting, the balance then remaining of $26,318.49 available for distribution, as set forth in the statement of the said Executor, which is attached hereto and labeled "Recapitula t to'the Such distribution will also include any funds received by the Executor subsequen 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, the Real Estate at 315 Fifth Street, New Cumberland, Pennsylvania and 507 Eutaw Street, New Cumberland, Pennsylvania were bequested to Richard Blosser, son. The rest, residue and remainder of the estate is divided in equal shaze to the decedent's daughters Cazolyn Sue Blosser-Hillt Melanie Rae Yadouga and Deborah Ann Mills as beneficiaries of the decedent s mteres in the estate; WHEREAS, the parties hereto agree that the remaining balance of the estate assets shall be distributed as set forth in the Schedule of Distribution, a copy of which is attached hereto as Exhibit "C" and made a part hereof, including distribution of all legacies as therein set forth. Without intending to limit the rights or remedies of the Executor, the parties further agree to indemnify the Executor and save him h~ounsel against a111iability, loss, and expenses, including, but not limited to, costs an ult of fees which he may incur, whether due to his negligence or othervv~se, as a making the above described distributions without a court audit; NOW, THEREFORE, that we, Richard Blosser, Carolyn Sue Blosser-Hiill of the Helaine Rae Yadouga and Deborah Ann Mills, being all living heirs under the W said decedent, and being those persons entitled to inherit under said Will, do hereby each of us, acknowledge that we have this day received from the aforesaid Executor, in full bequests and devises as satisfaction and payment of all sum or sums of money, legacies, aze given, devised and bequeathed to each of us respectively by the said Last Will and Testament, the amounts due us under said Will, which amounts we have received this 2 day, and which amounts aze in the amount set opposite our respective names in the`table and schedule of distribution in said statement attached hereto and mazked Exhibiana time AND, each of us does hereby stipulate that in order to avoid the expense 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 distribution be g the same to be with made without the filing of an account and schedule of distribution, the same force and effect as if they had been filed and confirmed by the Orphans' Court Pennsylvania. Division of the Court of Common Pleas, Cumberland County, THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever dischazge the said Executor, his heirs and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckoning, claims, and demands whatsoever whatsoever, touching for or by reason thereof, or for any other use, matter, cause, or thing upon the estate of the said decedent, and each of us do further hereby covenant ann agree that should any liability come due to the estate of the said decedent after the sign g 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 sans e an d and all claims, demands, suits, or causes of action which may be successfully pros 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 3 IN WITNESS WHEREOF we have hereunto set our hands and seals this 17th day of January, 2012. WITNESS: / ~_- Richard Blosser Caro yn Sue Blosser-Hill _ ar Deborah A. Mills ' a ~ ~~ elanie Rae adouga 4 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this, the 17th day of January, 2012, before me, a Notary Public, the undersigned officer, personally appeared Richard Blosser, 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~ lic ~ ~"" seal Jenrdlrr tirOM. N41PrY Public Camp H~ OOf0, Cumberland County ~ Expires sept.ll, 2012 Member, P Association of Notaries COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBELRAND On this, the 17th day of January, 2012, before me, a Notary Public, the undersigned officer, personally appeazed Cazolyn Sue Blosser-Hill, 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. otary l~ CONUAONWEAL~Ff 8F PENN3YLVAI~!A Ndarial Seal Jennifer Gross, Notary Publ~ Camp HMI Boro, Cumberland County My Cornndssion Expires Sept 11,2012 Member, Pennsylvania Association of Notaries 6 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBELRAND On this, the 17th day of January, 2012, before me, a Notary Public, the undersigned officer, personally appeared Deborah A. Mills, 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. _~ Notada~ seal Jennifer Gross, Notary Pub4c Camp HIN Boro, Cu ~ SeptC ~ 2 M Common E~ ..,__ J unM 7 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUIVIBELRAND of January, 2412, before me, a Notary Public, the On this, the 17th day undersigned officer, personally appeared Melanie Rae Yadouga,lcnown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument se therein contained. and acknowledged that she executed the same for the purpo IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary ~ONWEALTH OF PENNSYLVa~r Notarial Seal Jennifer Gross, Notary Public Camp HiN Bono, Cumberland County ~„ nen~,ra.ien Exol-ea Sept 11,2012 g CAPITULATION Decedent's Assets Decedent's Liabilities/Probate Expenses Reserve held in Estate Account for payment of remaining attorney's fees Reserve held in Estate Account for payment of fiduciary taxes partial Distributions 11/5/10 Cazolyn Sue Blosser Hill Melanie Rae Yadora Deborah A. Mills 12/1/10 Cazolyn Sue Blosser Hill Melanie Rae Yadora Deborah A. Mills 4/15/11 Cazolyn Sue Blosser Hill Melanie Rae Yadora Deborah A. Mills 8/16/11 Cazolyn Sue Blosser Hill Melanie Rae Yadora Deborah A. Mills AMOUNT FOR DISTRIBUTION $ 337,032.91 _ ~ 36,464.42 9 $ 300,568.49 $ 950.00 $ 300.00 $ 56,000.00 $ 56,000.00 $ 56,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 26,318.49 Exhibit "A" AS_ PNC Bank Account $336,000.00 $ 69.80 Patriot News Reimbursement $ 179.10 Highmark Reimbursement $ 00 210 Liberty Mutual Insurance Refund . Transfer from Checking to Estate Checking $ 358.99 PNC Credit for chazge $ $ 36.00 179.02 PNC Interest TOTAL ASSETS $337,032.91 **SPECIFIC BEQUEST OF REAL ESTATE TO RICHARD BLOSSER 315 Fifth Street, New Cumberland, Pennsylvania sold for $ 40,000.00 507 Eutaw Street, New Cumberland, Pennsylvania fair $ 178,862.50 Mazket value Inheritance Tax paid on real estate by Richazd Blosser $ 9,357.51 * * These amounts aze not part of the Assets and Liabilities of this Family Settlement Agreement, they are for information only. 10 Eachibit "B" LIABILITIES/EXpENSES Pathemore Funeral Home & Cremation Services, Inc. $ $ 7,886.39 20.00 PNC Bank service charge $ 523.50 Register of Wills to Probate Estate $ 292.49 13 Register of Wills to pay Inheritance Tax $ , 4,592.04 Reager & Adler, PC $ 000.00 10 Richard Blosser -Executor Fee $ , 150.00 Keith R. Huntzinger, CPA TOTAL LL~BII,ITIES/EXpENSES $ 36,464.42 11 Exhibit "C" SCHEDULE OF DISTRIBUTION Richard Blosser - 'The real estate at 315 Fifth Street, New Cumberland, Pennsylvania and 507 Eutaw Avenue, New Cumberland, Pennsylvania was transferred to Richard Blosser. Carolyn Sue Blosser-Hill -The sum of $56,000.00 was disbursed on Novembe ~ 000.00 2010. The sum of $5,000.00 was disbursed on December 1, 2010. The sum of $ 't 16 was disbursed on Apri115, 2011. The sum of $25,000.00 was disbursed on Augur , 2011. The remaining amount disbursed on January 17, 2012 is $8,772.83. Deborah A. Mills -'The sum of $56,000.00 was disbursed on November 5, 2010. The sum of $5,000.00 was disbursed on December 1, 2010. The sum of $5,000.00 16 2011. disbursed on Apri115, 2011. The sum of $25,000.00 was disbursed on Augur , The remaining amount disbursed on January 17, 2012 is $8,772.83. 2010. Melanie Rae Yadouga -The sum of $56,000.00 was disbursed on Novembe00.00 was The sum of $5,000.00 was disbursed on December 1, 2010. The sum of $5,0~ 16 2011. disbursed on Apri115, 2011. The sum of $25,000.00 was disbursed on Augu , The remaining amount disbursed on January 17, 2012 is $8,772.83. 12