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Home My WebLink About06-11-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In the Matter of the Estate of MERLE C'. RUBLE, late of Estate File No.: 22 1 1-00744 New Cumberland Borough, Cumberland ~~ County, Pennsylvania, deceased ~ ::~: n ~.,.; ~~~ ~ SETTLEMENT AGREEMENT AND FINAL RELEASE r~ri-~'; ESTATE OF MERLE C. RUBLE -i°'"' :` ~~ THIS AGREEMENT, made this 5`" day of June 2012 by and between D~~~H ~ POMEROY and DENISE M. RUBLE: ~ ='~ ;: WITNESSETH: ~ WHEREAS, MERLE C. RUBLE, late of New Cumberland Borough, Cumberland County, Pennsylvania, deceased, died testate on June 23, 2011; and WHEREAS, the beneficiaries of the Estate of MERLE C. RUBLE, deceased, were named in the Last Will and Testament of MERLE C. RUBLE, devising and bequeathing all of his estate absolutely and without restriction in equal shares as specified in the instrument, to each of his daughters: DEBORAH LYNN POMEROY and DENISE MARIA RUBLE; and WHEREAS, Letters Testamentary were duly issued to Deborah L. Pomeroy and Denise M. Ruble by the Register of Wills of Cumberland County, Pennsylvania, on July 6, 2011; and WHEREAS, the Letters Testamentary have been duly advertised as required by law; and WHEREAS, Deborah L. Pomeroy and Denise M. Ruble, Co-Executrices of the ESTATE OF MERLE C. RUBLE, have gathered the assets of the Estate, consisting of real and personal property as more fully set forth in the Account of Deborah L. Pomeroy and Denise M. Ruble, Co-Executrices, which is attached hereto and incorporated herein; and WHEREAS, the known debts, expenses and taxes, including Pennsylvania Inheritance Tax, of the ESTATE OF MERLE C. RUBLE, have been paid, as reflected on the aforesaid Account of Deborah L. Pomeroy and Denise M. Ruble, Co-Executrices; and WHEREAS, the aforesaid beneficiaries of the ESTATE OF MERLE C. RUBLE have made such examinations as they desire of the statements, bank records, tax returns, estate inventories, cancelled checks, correspondence, and various other supporting documents pertaining to the ESTATE OF MERLE C. RUBLE. NOW, THEREFORE, KNOW YE, that we, Deborah L. Pomeroy and Denise M. Ruble, being the sole beneficiaries of the ESTATE OF MERLE C. RUBLE, do hereby acknowledge that we will receive, in full satisfaction of payment of all sums of money, legacies, bequests, devises and inheritances as are due under the laws of the Commonwealth of Pennsylvania, the amounts set forth opposite our names in the Schedule of Distribution contained in the attached Account of Deborah L. Pomeroy and Denise M. Ruble, Co-Executrices, within thirty (30) days after the approval of this Settlement Agreement and Final Release by this Honorable Court; x~ rn n ,- ,--~, ,`'-. '~ ~t, .~. .~ r-; <~: •., ; _~ =~ . ,~, ~~~ lv 1i' AND, in order to avoid the time and expense involved in the filing and confirmation of a formal account and schedule of distribution with the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, we do hereby stipulate and agree that no such formal accounting is necessary and that distribution may be made in accordance with the Schedule of Distribution contained in the attached Account of Deborah L. Pomeroy and Denise M. Ruble, Co-Executrices, with the full force and effect as if same had been filed and confirmed by the said Orphans' Court Division. NOW, THEREFORE, upon receipt of said distribution, we do hereby remise, release, quitclaim, and forever discharge the said Deborah L. Pomeroy and Denise M. Ruble, Co- Executrices, their 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 MERLE C. RUBLE, and their fiduciary obligations as Co- Executrices of the said Estate. AND, we do hereby further covenant and agree that should any claim or liability come due to the ESTATE OF MERLE C. RUBLE after the signing of this Agreement, we will contribute pro-rata our share of the Estate to satisfy any and all claims, demands, suits, or other causes of action which may be successfully prosecuted against the ESTATE OF MERLE C. RUBLE, deceased, or against Deborah L. Pomeroy and Denise M. Ruble in their capacities as Co-Executrices of'the said Estate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above-written. WITNESS: ~ ~ ~~`~ -- , `~~ Deborah L. Pome oy, Co- ~"' Executrix/Beneficiary of the Estate of Merle C. Ruble -, Denise M. Ruble, Co-Executrix/Beneficiary of the Estate of Merle C. Ruble COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss On this, the 5`h day of June 2012, before me the undersigned officer, personally appeared DEBORAH L. POMEROY, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL TANA L SWARTZ Notary Public ~ --- HARRISBURG CITY, DAUPHIN COUNTY My Commisxon Expires Oct 11, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I~'~ ,; !i ~ ,, `i y - -~-_ Notary Public 1 t ss On this, the 5`~ day of June 2012, before me the undersigned officer, personally appeared DENISE M. RUBLE 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~r• N07ARIAL SEAL TARA L SWARTZ Notary Public HARRISBURG CITY, DAUPHIN COUNTY MY Cammissron Fxp~res Oct 11, 2012 ESTATE OF MERLE C. RUBLE FINAL ACCOUNT OF DEBORAH L. POMEROY AND DENISE M. RUBLE, CO-EXECUTRICES SUMMARY OF ACCOUNT Cash, Bank Deposits, & Miscellaneous Personal Property Less Administrative Expenses: NET BALANCE ON HAND Real Estate: 1700 Sherwood Road, New Cumberland, PA 17070' $ 104,960.70 $ 57,990.22 $ 46,970.48 1 The real property located at 1700 Sherwood Road, New Cumberland, PA ] 7070 was sold on September 30, 2011 for $99,900. The estate was credited $856.51 for advance payments on real estate taxes; charged $9,496.89 for settlement charges; payoff of first mortgage to PNC Bank of $15,536.63; and provided a Seller Assist in the amount of $4,774.28, resulting in net proceeds of $70,920.71. ESTATE OF MERLE C. RUBLE FINAL ACCOUNT OF DEBORAH L. POMEROY AND DENISE M. RUBLE, CO-EXECUTRICES Cash, Bank Deposits and Miscellaneous Personal Property: PNC Bank (checking account) PNC Bank (savings account) Cash on hand Kleinfelter Auction, Inc. (sale of personal property) UGI (refund) 1997 Buick Sedan Great Mountain Settlement Services (sale of real estate) County tax. adjustment (9/30/11 to 12/31/11) School tax adjustment (9/30/11 to 12/31/11) $ 785.59 343.44 50.16 1,115.00 110.00 1,800.00 99,900.00 142.55 713.96 TOTAL $ 104,960.70 ESTATE OF MERLE C. RUBLE FINAL ACCOUNT OF DEBORAH L. POMEROY AND DENISE M. RUBLE, CO-EXECUTRICES ADMINISTRATIVE EXPENSES Cumberland County Register of Wills (Payment of Inh Tax) $ 2,287.65 Luther E. Milspaw, Jr. -Attorneys' fees and costs 5,500.00 The Patriot-News (legal publication) 345.54 The Sentinel (legal publication) 342.14 Cumberland County Register of Wills (probate fees) 323.50 Cumberland County Register of Wills (filing of IT Return) 15.00 Cumberland County Register of Wills (filing of satisfactions) 20.00 Cumberland County Register of Wills (filing of FSA) 15.00 Kleinfelter Auction, Inc. (commission) 524.20 Stone & Murray Funeral Home 4,644.00 Postage 28.96 PNC Bank (checking printing fee) 17.99 Consumer Cellular (cell phone) 19.77 New Cumberland Borough (sewer/trash) 199.98 Wal-mart (credit card) 20.00 Klick-Lewis, Inc. (new gas system for Buick) 660.00 Palmyra Auto Service (car maintenance/inspection) 206.64 PennDOT (;vehicle registration) 36.00 Donegal Insurance (homeowners/vehicle insurance) 247.00 Pennsylvania Water Company 103.25 PPL 258.98 Krall's Removal Service 250.00 Bureau of Account Management (debt collector -medical bill) 60.00 UGI 377.69 Verizon 75.00 Great Road Settlement Service (overnight payoff) 28.00 Settlement charges to Seller 9,496.89 Seller Assist 4,774.28 Holy Spirit Hospital (medical bill) 123.75 Milton S. I~ershey Medical Center -Physicians Group (medical bill) 30.00 Citibank, N.A. (The Home Depot credit card) 172.38 PNC Bank (open-end mortgage) 15,536.63 Bank of America (FIA Card Services -credit card) 8,600.00 Robert Milspaw (preparation of fiduciary tax returns) 150.00 Amount escrowed for fiduciary taxi 2,500.00 TOTAL ADMINISTRATIVE EXPENSES $ 57,990.22 z Any unused portion shall be divided equally between the beneficiaries after payment of any fiduciary tax due. ESTATE OF MERLE C. RUBLE FINAL ACCOUNT OF DEBORAH L. POMEROY AND DENISE M. RUBLE, CO-EXECUTRICES SCHEDULE OF DISTRIBUTION TO BENEFICIARIES Principal on hand to be distributed: Residuary Estate: Deborah L. Pomeroy (50%) Minus initial distribution Remaining amount for distribution Denise M. Ruble (50%) Minus initial distribution Remaining amount for distribution $ 46,970.48 $ 23,485.24 - 10,000.00 $ 13,485.24 $ 23,485.24 - 10,000.00 $ 13,485.24 TOTAL DISTRIBUTION $ 26,970.48 :~ . ~! . ~~~