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HomeMy WebLinkAbout08-23-12ESTATE OF MARY E. HERR / NO. 2010-1250 PA 1~0. 21-10-1250 FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE IN THE ESTATE OF MARY E. HERR KNOW ALL MEN BY THESE PRESENTS, that, WHEREAS, Mary E. Herr, late of Cumberland County, Pennsylvania, died intestate on November 23, 2010; WHEREAS, letters of administration on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Executor, James C. Eurich, II, hereinafter called the personal representative. WHEREAS, the personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal and real property, a copy of the Pennsylvania Inheritance Tax Return filed by said personal representative, and which has been provided to each heir and as additionally referenced on Exhibit "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax in the said ~ ~T estate and distributions to the undersigned, are as further referenced in Exhibit "A"~ ~ ~= WHEREAS, a balance for distribution of $215,243.28 exists; ~~~ ~:-~ ,~?- ,; ,~ ; - W WHEREAS, the balance for distribution has been reduced to cash andavailable for `>l.._; T ~/ .`?a distribution in accordance with the terms of the last will and testament of the said :dent. cam,, ~ .. NOW, THEREFORE, KNOW YE, that we, being all of the named beneficiaries of the~ct~vill and the said decedent, do hereby each of us, acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devised as are given, devised and bequeathed to each of us respectively by the said will of Mary E. Herr in the amounts due us under said will, which amounts we have received this day, in the respective amounts as set forth in Exhibit "B" of the balance available to each of us. AND, each of us does hereby stipulate that in order to avoid the expense and time 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 being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphans' Court Division of the Court of Cumberland County. ._~ ,-,~ ~~' r --~~ -, _, ~~7 -~~ c: ~--.. ~n ~~~ ~~ THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said personal representative, heirs, executor, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree with each other and the aforesaid personal representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which maybe successfully prosecuted against the said estate or aforesaid personal representative after the signing, sealing and delivery of *hi ~ ~allLily settlement agreement and final r~leas~. L LJ L IN WITNESS WHEREOF, and intending to be legally bound hereby, we have hereunto set our hands and seals on the dates below indicated. WITNESS: ' \ ~~ L ~ James C. Eurich, II 1 ~ Witness ~ Karen Robitaille .r r } -` ~ ."' r _. Witness/% Paul Herr s~ ~ > ~~ Witness Ronald Herr .E" ~ Witn s Pauline Alspaugh By: Debra K. Wharam Witnes Darlene Herr ~ s ~ ~~ ~` Witness Kirby err ~~ ,~ Witness Rodney Herr ., ~~~~:~~ Witness Judith Dress 15056051058 REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue County Cade Year File Number Bureau of Individual Taxes INHERITANCE TAX RETURN ~" """ " "' ~ ~ " "" PO BOX 280601 21 1 O 1250 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 160-16-9551 11 /23/2010 .09/02/1920 .................. . Decedent's Last Name Suffix Decedent s First Name MI Herr Mary E __ _ _ _ _ _ _ _____ _ (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI ... ............ . ................................. Spouse's Social Security Number _. _ _ THIS RETURN MUST BE FILED IN DUPLICATE WITH THE __ ................... . REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~; 1. Original Return _. 2. Supplemental Return , ' 3. Remainder Return (date of death prior to 12-13-82) ' 4. Limited Estate ;~~ . 4a. Future Interest Compromise (date of 5. Federal Estate Tax Return Required death after 12-12-82) ~: 6. Decedent Died Testate "` ° 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) 9. Litigation Proceeds Received : : 10. Spousal Poverty Credit (date of death 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name _.. _ .._ Daytime Telephone Number David A. Baric, Esquire (717) 249-6873 Firm Name (If Applicable) REGISTER OF WILL~SE ONLY __.. __ _ _ ~.. ~ T ~ Baric Scherer LLC ~_-, -~ ~ First line of address ._~ , ~ ~ r - `' r ~-~ ~ _, rn ; 19 West South Street ~~?~ ~~ - ~-~- ~ Second line of address _ - ,,~ ~~ - ~-. . ~-";~ ~ _ . ~ ; __ _ __ _ - , ., .,.. . - - ~- - - r - - -~ . __ _ DATE FIL~~~ :' ~-.:~" ' City or Post Office ~ C _ State ZIP Code _ __ ____ _- ~, - -_ _ ----- __ __ _ _ r __. Carlisle ............... . L.,., PA 17013 Correspondent's a-mail address: dbarlC@barlCSCherer.COm Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF P SON RESPONSIBLE F ,FILING RETURN DATE G _ ~ 2 ADDRESS 916 Wes they Street, Carlisle, Pe Ivania 17013 SIGNATURE REED OT R H P S IVE . GATE ~ /~ / ADDRESS 19 West South Street, Carlisle, Pennsylvania 17013 PLEASE USE ORIGINAL FORM ONLY Side 1 15056051058 15056051058 J 15056052059 REV-1500 EX Decedent's Social Security Number ___ __ _ _ __ Mary E Herr ' 160-16-9551 s Name: Decedent RECAPITULATION __ __ 1. Real estate (Schedule A) . ............... , , , 1, 177,998.00 2. Stocks and Bonds (Schedule B) ........ . ............................ .. 2. 8,500.00 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ... .. 3. 4. Mortgages & Notes Receivable (Schedule D) ........................... .. 4. 5. p P Y( ) ...... Cash, Bank De osits & Miscellaneous Personal Pro ert Schedule E 5. .. 122,428.07 6. Jointly Owned Property (Schedule F) `°~? Separate Billing Requested ..... .. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property 00 322 15 (Schedule G) - Separate Billing Requested...... .. 7. . , 8. Total Gross Assets (total Lines 1-7) .................................. .. 8. 324,248.07 ................ . ...... 9. .................. . Funeral Expenses &Administrative Costs (Schedule H) ................... .. 9. ' 51,693.29 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............. .. 10. 11. Total Deductions (total Lines 9 & 10) ................................. .. 11. 51,693.29 12. Net Value of Estate (Line 8 minus Line 11) ............................ .. 12. 272,554.78 13. Charitable and Governmental BequestslSec 9113 Trusts for which an election to tax has not been made (Schedule J) ...................... .. 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ...................... .. 14. 272,554.78 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 00 0 15 . (a)(1.2) X .0_ . 16. Amount of Line 14 taxable 0.00 16 at lineal rate X .0 _ . 17. Amount of Line 14 taxable 45,434.90 17 5,452.18 at sibling rate X .12 . 18. Amount of Line 14 taxable 227 119 88 ' 18 34,067.98 at collateral rate X .15 . 39,520.16 19. TAX DUE ....................................................... ..19. __ 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ~> 15056052059 Side 2 15056052059 REV-1500 EX Page 3 File Number rlar e~rl~ant'c C_mm~latp Address' 21 10 1250 DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER Mary E Herr 160-16-9551 STREETADDRESS 300 Avon Drive CITY Carlisle STATE PA ZIP 17013 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 39,520.18 2. Credits/Payments A. Spousal Poverty Credit 19 42 839 . , B. Prior Payments C. Discount 2,141.95 Total Credits (A + B + C) (2) 44,981.14 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 5,460.96 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIA TE BLOCKS 1. Did decedent make a transfer and: Yes ^ No 0 a. retain the use or income of the property transferred :......................................................................................... . ^ b. retain the right to designate who shall use the property transferred or its income : ........................................... . ^ c. retain a reversionary interest; or ......................................................................................................................... . ^ d. receive the promise for life of either payments, benefits or care? ..................................................................... . If death occurred after December 12, 1982, did decedent transfer property within one year of death 2 . without receiving adequate consideration? ............................................................................................................. ? . ^ ^ ............. 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death . Did decedent own an Individual Retirement Account, annuity, or other non-probate property which 4 . contains a beneficiary designation? ..........:........................................................................................................... .. ^ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. _ __ . For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use o t e surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i}]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1,2)], The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) (72 P.S. §9116(a)(1}]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE A REAL ESTATE FILE NUMBER Mary E. Herr 21-10-1250 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is aennea as me pace ai wrn~ii N~~N~~~y ~•~~~~ ~~ exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. n,...i ..........r.. ~..l.i..N ~~ ininlhi_nuunori with ~inht of survivnrshin must he di5CI0SBd On SChedUle F. (If more space Is neeaea, insen auuiuunai ~~~~~~~ ~~ ~~~~ ~u,~,~ ~~~~, REV-1503 EX+ (6-98) SCHEDULE B COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Mary E. Herr 21-10-1250 oll nrnnerty jointly-owned with right of survivorship must be disclosed on Schedule F. (If more space is needed, mseR aaaaionai sneCw ~~ ~~~~ ~a~~~~ ~~«~ REV-1508 EX+ (6-98) ~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Mary E. Herr 21-10-1250 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. M & T Bank checking account, Acct. # 42491592 21,983.24 2. M & T Bank savings account, Acct. # 15004205405225 28,788.05 3. auction proceeds, sale of personalty 3,207.00 4. Transamerica annuity 25,186.59 5. sales of personalty 5,480.15 6. M & T Bank, certificates of deposit 31,200.95 7. Chapel Pointe refund 561.99 8. dining room furniture 540.00 9. Sentinel refund 31.54 10. Comcast refund 3.86 11. silver dollar sale 479.00 12. Bankers Life refund 350.69 13. Capital Blue Cross refund 224.27 14. 'car sale 3,200.00 15. jewelry sale 800.00 16. Home Instead refund 390.74 TOTAL (Also enter on line 5, Recapitulation) $ 122,428.07 (If more space is needed, insert additional sheets of the same size) REV-1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Marv E. Herr 21-10-1250 rn~~ ~~hA~~~lp m~~~t I,a rmm~lPted and filed if the answer to anv of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. (If more space is needed, insert aooinonai sneers or ine same sicel REV-1511 EX+ (12-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS J~ ESTATE OF FILE NUMBER Mary E. Herr 21-10-1250 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A FIINFRAI FXPFNSFS~ B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) ~an1eS C. EUrICh, II tive s t l R f P e resen a ersona Social Securi Number s lEIN Number o street address ' 916 West Lowther Street city Carlisle .state PA zip 17013 Year(s) Commission Paid: 2011 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant None Street Address City State _ Zip Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. S & R Roofing s,. PPL s. L & M Heating 10. Rynard's Lawn Service 11. D. McLaughlin Painting ******~***~**SEE ATTACHED*******~***~*****~~*****~*** 14,225.00 14,225.00 360.00 7,865.00 1,320.35 7,221.00 369.94 3,890.00 TOTAL (Also enter on line 9, Recapitulation) $ 51 , 6 9 3;~ 2 9 (If more space is needed, insert additional sheets of the same size) Estate of Mary E. Herr File No. 21-10-1250 Schedule H Continued 12. Let's Move It $135.00 13. Cumberland Law Journal (legal advertising) $ 75.00 14. The Sentinel (legal advertising) $166.00 15. Beidel Mulch $13 5.00 16. Kevin Wickard auctioneer $794.25 17. Chem Dry $212.00 18. D.J. Gries -floors $350.00 19. D.J. Gries -trash removal $150.00 20. Cloward Building Concepts $200.00 REV-1513 EX+ (g-00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN ESTATE OF FILE NUMBER Mary E. Herr 21-10-1250 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)l 1 • George Myers brother 1 / 6 18 Strawberry Court Carlisle, PA 17013 - 2• .James C. Eurich, II nephew 1 / 12 916 West Lowther Street Carlisle, PA 17013 3. Karen Robitalle niece 1 / 12 127 East Cumberland Drive Enola, PA 17025 ************SEE ATTACHED***********~*~**** ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THRO UGH 18, AS APPROPRIATE, ON RE V-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 0.00 (If more space is needed, insert additional sheets of the same size) SCHEDULE J BENEFICIARIES (Cont.) Name and Address of Person Receiving Property Relationship Amount/Share Deborah Baldwin Niece 1 /6 18 Ray's Drive Newville, PA 17025 Paul Herr Brother-in-law 1 / 12 6 Ladnor Lane Carlisle, PA 17015 Ronald Herr Brother-in-law 1 / 12 120 Mill St. Mt. Holly Springs, Pa 17065 Pauline Alspaugh Sister-in-law 1/12 1000 W. South St., Rm. 59 Carlisle, PA 17013 Darlene Herr Sister-in-law 1/12 17350 Old Turnpike Road Millmont, PA 17845 Kirby Herr Nephew 1 /24 194 York Road Carlisle, PA 17013 Rodney Herr Nephew 1 /24 26 Maple Ave. Walnut Bottom, PA 17266 Judith Dress Niece 1 / 12 126 Lancaster Blvd. Mechanicsburg, PA 17055 $107,621.64 Mary Herr 1/2 George Myers $35,873.88 Cora Eurich $35,873.88 James C. Eurich, II Karen Robitaille Catherine Rouse $35,873.88 Deborah Baldwin $231,468.28 balance of account $ -14,225.00 Executor's commission ~pLl /,LTJ.LV $ -2,000.00 remaining attorney fees/costs $215,243.28 balance for distribution $107,621.64 Merrill Herr 1/2 Paul Herr Ronald Herr $17,936.94 $17,936.94 Pauline Alspaugh $17,936.94 Debra Wharam Darlene Herr $17,936.94 Lawrence Herr $17,936.94 Kirby Herr Rodney Herr Stephen Herr $17,936.94 Judith Dress EXHIBIT "B"