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Home My WebLink About07-12-12 (2)IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~' -~ ~~ ~' ESTATE OF DOROTHY J. STEVENS DECEASED ~' ~~? , - -, ~"' '>~ ~"t; No. 2011-00193 ,~`-~' ~ ~-` ~ ~ N ~~ ~_ ':i , _ APPROVAL OF ACCOUNT WAIVER RECEIPT ~ ~ ~ ~~ r~'_ C7 c.:~ - ' ~' ~ ' ~Y' RELEASE AND AGREEMENT OF INDEMNITY ~ ~~ :- i;-- ++.. ~^....-{ ~y // ~~ 6.~ 1 .~ The circumstances leading up to the execution of this instrument are as follows:. 1. Dorothy J. Stevens died on February 3, 2011, leaving a Will dated May 24, 2001, naming Mary Shorter and Evelyn L. Witman as Co-Executrices. 2. Letters Testamentary were granted to Mary Shorter and Evelyn L. Witman by the Register of Wills of Cumberland County on February 11, 2011. 3. It is the desire of the Dorothy J. Stevens heirs that the Fstate be distributed without the formality of a court proceeding in order to save the expense, publicity, and delay incident to such court proceeding, and the Executrices are willing to make such distribution upon the execution of this instrument. 4. An account of the administration of the Estate of Dorothy J. Stevens has been prepared by the Executrices. A copy is attached hereto as Exhibit A. 5. In consideration of the foregoing, each of the undersigned hereby: A. Represents and warrants that she has read and understands this instrument and that the facts set forth above are true and correct to the best of her knowledge, :information and belief; -1- !, B. Declares that she has examined the attached account of the administration of the Estate and the attached schedule of distribution; that she finds them to be true and correct in all particulars; that she accepts and approves them as if they had been duly tiled, audited, adjudicated and confirmed absolutely by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, and as if the amounts shown as distributable had been duly awarded to her; C. Waives the filing and auditing of the account of the administration of the Estate in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, and agrees that the Orphans' Court Division of the Court of Common Pleas of Cumberland County may by its decree confirm the account and approve the schedule of distribution; D. Requests the Executrices to make distribution of the principal and income in accordance with the schedule of distribution, and effective upon delivery to her of the amounts shown as respectively distributable, acknowledges receipt of such property; E. Agrees to refund to the Executrices any amount which may at any time be determined to have been an erroneous distribution to her, regardless of the cause of such erroneous distribution, even if attributable to negligence, and agrees that any period. for the limitation of actions for the collection of any erroneous distribution shall commence only at such time as the Executrices shall have obtained actual knowledge of such erroneous distribution and that in no event shall the period for collection of any erroneous distribution be less than two years after the actual discovery thereof; F. Absolutely and irrevocably remises, releases, quitclaims and forever discharges Mary Shorter and Evelyn L. Witman, individually and in their capacity as -z- Executrices, from any and all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the Dorothy J. Stevens E'sstate; G. Agrees to indemnify and hold harmless, to the extent of the funds received by her hereunder, Mary Shorter and Evelyn L. Witman, individually and in their capacity as Executrices, from and against any and all claims, loss, liability or damage (including legal fees and costs in connection therewith which they may suffer or to which they may be subjected by reason of their administration of the Estate, the settlement of their Executrices' account and the distribution of the assets of the Estate without having the formal approval of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with interest and costs incidental thereto, relating in any way to the Estate; and H. Declares it to be her intention that this instrument, consisting of three pages, shall be governed by the law of Pennsylvania and shall be legally binding as an agreement under seal upon her and upon her heirs, executors, administrators and assigns; I. This agreement may be executed in counterparts. Executed on: _, a_ DATE ____ 3ea1) _ ____ _____(Seal) DATE S1-TERRY LYNN SAYLER -3- Executrices, from any and all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the Dorothy J. Stevens f?state; G. Agrees to indemnify and hold harmless, to the extent of the funds received by her hereunder, Mary Shorter and Evelyn L. Witman, individually and in their capacity as Executrices, from and against any and all claims, loss, liability or damage (including legal fees and costs in connection therewith) which they may suffer or to which they may be subjected by reason of their administration of the Estate, the settlement of their Executrices' account and the distribution of the assets of the Estate without having the formal approval of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with interest and costs incidental thereto, relating in any way to the Estate; and H. Declares it to be her intention that this instrument, consisting of three pages, shall be governed by the law of Pennsylvania and shall be legally binding as an agreement under seal upon her and upon her heirs, executors, administrators and assigns; I. This agreement may be executed in counterparts. Executed on: DATE 1 ,~ f ,.-. DATE WENDY GRUMBLING (Seal) ~2 , 1 ' ~~, ~, r~ ~~ ("~ Seal) S RRY LYI~~N S ER ~~ -3- BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-00193 FIRST AND FINAL ACCOUNT OF MARY SHORTER and EVELYN L. WITMAN, Co-Executrices For ESTATE OF DOROTHY J. STEVENS, Deceased Date of Death: February 3, 2011 Date of Executrices Appointment: February 11, 2011 Accounting for the Period: February 11, 2011 to June 14, 2012 PURPOSE OF ACCOUNT: Mary Shorter and Evelyn L. Witman, Co-Executrices, offer this Account to acquaint interested parties with the transactions that have occurred during their administration. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 I.D. #23989 (717) 737-1300 EXHIBIT A SUMMARY OF ACCOUNT' Fiduciary Current Acquisition Paae Value Value Proposed Distribution to Beneficiaries 5 $ 81,166.13 PRINCIPAL Receipts 2 $ 104,147.89 Net Loss on Sales or Other (10,151.00) Dispositions Less Disbursements Debts of Decedent 3 $ 3,058.41 Funeral Expenses 3 791.45 Administration Expenses 3 399.50 Federal and State Taxes 3 4,896.70 Fees and Commissions 3 3,839.00 $ 12,985.06 Principal Balance on Hand $ 81,011.83 P.[~Z~1~ T? Receipts 4 $ 154.30 Income Balance on Hand 154.30 Balance Before Distributions $ 81,166.13 Distributions to Beneficiaries Combined Balance on Hand $ 81,166.13 Page 1 RECEIPTS OF PRINCIPAL Assets Listed in Inventory: (Value as of Date of Death) Cash and Bank Deposits: M&T Bank Checking Acct. #97676802 M&T Bank Checking Acct. #98234706 Coins (based on proceeds from sa{e) Cash in possession of Decedent Tanctible Personal Prone $ 87,326.58 4,008.31 1,162.00 1,500.00 $ 93,996.89 1997 Buick (based on proceeds of sale) $ 1,300.00 1979 Mobile Home & Contents 7,900.00 $ 9,200.00 (based on proceeds of sale) Refunds: 2010 Federal Income Tax Refund $ 951.00 $ 951.00 TOTAL ASSETS LISTED IN INVENTORY: $ 104,147.89 TOTAL RECEIPTS OF PRINCIPAL: $ 104,147.89 'Due but not yet received GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS Account or property Buick & Mobile Home incorrectly listed $ (9,200.00) on Inventory -proceeds had already been included in Date of Death Bank Deposits 2010 Federal Income Tax Refund not $ (951.00) yet received NET GAIN (LOSS): $ (10,151.00) Page 2 DISBURSEMENTS OF PRINCIPAL Debts of Decedent: Date: Manor Care Camp Nill 3/29/11 $ 872.00 Mobilex USA 10/31/11 13.54 James R. Harty, MD 10/31/11 148.46 Heartland Pharmacy 11/12/11 2,000.00 Advanced Podiatry Services, LLC 10/31/11 24.41 $ Funeral Expenses: Musselman Funeral Home 3/27/11 (death certs., obituary, flowers, minister) Musselman Funeral Home 4/30/11 (cemetery inscription) Administration Expenses: Probate Fees 10/31/11 2/11/11 Attorney's postage, copies, mileage, etc. Reserve for Filing of Account Federal and State Taxes: PA Inheritance Tax 4!30/11 10/31/11 Fees and Commissions: 3,058.41 $ 651.45 140.00 $ 791.45 $ 30.00 329.50 30.00 1 G.00 $ 399.50 $ 3,500.00 1,396.70 $ 4,896.70 Debra K. Wallet, Esq.--Attorney Fees $ 3,500.00 Mary Shorter -Exec. Fees 100.00 James Hess, GPA -Tax Prep. Fees 2/28/12 89.00 H&R Block -Tax Prep. Fees 2/17/11 150.00 $ 3,839.00 Page 3 RECEIPTS OF INCOME interest: 2011 Federal Income Tax Refund M&T Bank interest earned after date of death M&T Estate Checking (2011) M&T Estate Checking (May 17, 2012) TOTAL RECEIPTS OF INCOME: 143.00 0.32 7.41 3.57 154.30 Page 4 PROPOSED DISTRIBUTION TO BENEFICIARIES Td: Wendy Grumbling P.O. Box 573 Tonto Basin, AZ 85553 Sherry Lynn Sayler 11610 Lone Desert Drive Reno, NV 89506 TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $ 60,874.60 20,291.53 81,166.13 Page 5