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HomeMy WebLinkAbout10-16-12 (2)n C ~-;, ORPHANS' COURT DIVISION ~ -- COURT OF COMMON PLEAS OF CUMBERLAND COUN'~r~ ^. _ r'. - __ l Estate of Eleanore L. Anderson `-~~ ~ti -. ~-. <_~, r Deceased No. 22 1 1-00262 ~~}._ i ~._ ,i"' FAMILY SETTLEMENT AND FINAL RELEASE FOR ESTATE OF ELEANORE L. ANDERSON, DECEASED KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Eleanore L. Anderson, late of Hampden Township, Cumberland County, Pennsylvania, deceased, died intestate on January 24, 2011; r, ;_ ~~ ~~ n~ ~ F. ~^! ';' WHEREAS, Letters Administration on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on March 24, 2011 naming Robert B. Anderson, Administrator; WHEREAS, the Administrator has gathered the assets of the estate of the decedent and the assets consist of personal property and monies, with a total value of $173,319.00 as set forth in Exhibit "A", which is a statement of account of said Administrator, and which is attached hereto and made a part hereof, and marked as Exhibit "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate, amount to $19,246.46, as set forth on Exhibit "B" attached hereto; partial distributions were made to the beneficiaries in the amount of $132,000.00, as set forth on the Recapitulation attachment thereby leaving a balance for distribution of $22,072.54 from which the Administrator will/has: (i) withhold $1,000.00 for payment of final attorney's fees, (ii) withhold $2,500.00 for payment of fiduciary taxes and any other proper expenses or liabilities of the estate of which the Administrator shall have received notice by that time, or which may otherwise be payable, (iii) and distribute to the beneficiaries, in the proportion of their interests and without further accounting, the balance then remaining of $18,572.54 available for distribution, as set forth in the statement of the said Administrator, which is attached hereto and labeled "Recapitulation". Such distribution will also include any funds received by the Administrator subsequent to the date to which the attached Account is stated. Should any 7~ ?-, i ' ~ r-- , ~~_ ~ __ . - ,~; -=r-, _._ ~ _ j ' - - -,_, __,~ _~ -, ~.~ ~ C-~ 'Tl proper liabilities of the estate, whether for taxes or otherwise, arise or come to the attention of the Administrator or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; WHEREAS, in accordance with Intestate Succession under the Pennsylvania Probate, Estates and Fiduciaries Code Section 2103 the rest, residue and remainder of the estate is divided in equal share to the decedent's issue who are Robert B. Anderson, Nancy A. Thompson, David J. Anderson, Bruce M. Anderson, Susanne D. Anderson and William C. Anderson as beneficiaries of the decedent's 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 Administrator, the parties further agree to indemnify the Administrator and save him harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which he may incur, whether due to his negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, that we, Robert B. Anderson, Nancy A. Thompson, David J. Anderson, Bruce M. Anderson, Susanne D. Anderson and William C. Anderson, being all living issue of the decedent, and being those persons entitled to inherit, do hereby each of us, acknowledge that we have this day received from the aforesaid Administrator, in full satisfaction and payment of all sum or sums of money, which amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit "C"; 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 Common Pleas, Cumberland County, Pennsylvania. 2 THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said Administrator, his heirs and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckoning, 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 that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Administrator, that we will contribute pro-rata, our share 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 Administrator 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 WYTNESS W~Il~RE®F we have hereunto set our hands and seal on this ~..:. ~0.,. day of `f ~~' , 2Q 12. WITNESS: obert B. Anderson Nancy A. 'liompson David J. Anderson Bruce M. Anderson Susanne Tf. Anderson William C. Anderson C~I~iMONWEALTH C}F PENNSY'LVANIA COUNTY OF ~~ . SS. Qn this, the ((~ Y""~day ~f 2012, before me, a Notary Public, the undersigned officer, personally appeared Robert B. Anderson, known to me (ar satisfactorily prover~~ to be t'~e person whose namc is subscribed to the within instrument and acknowledged that he executed the same f©r the purpose therein contained. IN WITNESS Wl-IERE~F, I hereunto set my hand and official seal. l~~ --. Notarry Publi COMM~N~~~-~ OF PENNSYLVANIp- Notarial Seal ~~~ ]ud~A A• Palm, l~ivtary Carne Nit' r oro, Cumberland Co?014 h~ ~nrn?.isslc~n expires ~©v. 15, ~~N ~ NpTARSES M~NI~a lt~~t:~~+N IN WITNESS~WHEREUF we have hereunto set our hands and seal on this _ ~~ _ day of ~C%O~c~2-d' , 2Q 12. WITNESS: Robert B. Anderson l Nan Thompson David J. Anderson Bruce NI. Anderson Susanne D. Anderson 'William C. Anderson coMMONWEALTH of PENNSYLVANIA SS. covNTY of ~-~~ ~ ' on this, the 9 ~ da of C10~/~ 2012 before m Y c, i Notary rublic, the undersigned officer, personally appeared Nancy A. Thompson, 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,1 hereunto set my hand and official seal. Notary blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Judy A. Knickerbocker, Notary Public Warwick Twp., Dauphin County My Commission Expires Aug. 2, 2014 Member. Pennsvivania Assotiatic~n r_~f Notaries IN WITNESS WHEREOF we have hereunto set our hands and seal on this ~ day of ~G~~-~ 2012. WITNESS: Robert B. Anderson Nancy A. Thompson David J. Berson Bruce IVI. Anderson Susanne D. Anderson William C. Anderson STATE OF ~ (~,~, c n . SS. COUNTY OF ~~ r~ ~ . .._.---, On this, the 1~1~'` day of u ` 2012, before me, a Notary Public, the undersigned officer, personally appeared David J. Anderson, 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 d and official seal. Pub i r~-~z ZACHARY MAGUIRE Notary Public -Michigan iceot County My Commission Expires ul 18.2Q18 Acting in the County of IN WITNESS WHEREQF we have hereunto set our hands and seal on this _ __ ~_~-(`~~ day of ~ 2012. WITNESS: Hobert B. Anderson Nancy A. Thompson David J. Anderson 1 r ~ ,~'~~ Bruce M. Anderson Susanne D, Anderson William C. A~aderson 4 COMMONWEALTH OF PENNSYLVANIA (~ SS. COUNTY OF l.~(. ~ m ~'~' I ~~ n~ . On this, the ~- ~~1 day of ~~ `t,k , 2012, before me, a Notary Public, the undersigned officer, personally appeared Bruce M. Anderson, 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. ~C ~ , GC~t+~i~tiQ~lVV~,~~T.i-I Of PENNSYl.VANtA Notarrai Seai Notary 1' B~veriy K. P.~orrjatt, Notary Pubiic ~Jpp~r ARisn 7wp., Cum4:,ertand County ~.__. My CUr33rTtisSir3a1Fxpires Juiy 7, 2013 Member, ~~nnsyivastia Association of Notaries IN WITNESS WHEItEC~F we have hereunto set our hands and seal on this ~ day of`?-k..~,~4.,~~ 12. WITNESS: Rabert B. Anderson Nancy A. Thompson David J. Anderson Bruce M. Anderson ~~ ~ k k~. ~.~~~~ t'~~ ~ . ~~~~~~~ Susanne D. Anderson 'W'illiam C. Anderson STATEOF ~I~r-~l~ ~a~~~~~~~ SS. COUNTY OF M 1, U ~ ~ ~`~, ~'~'' ~~~ On this, the ~ day of ~ 2012, before me, a Notary Public, the undersigned officer, personally appeared Susanne D. Anderson, 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. ._ ~r i otary Public ~' ,F 1 My Commission Expires March 15, 2017 IN WYTNESS W~~REOF we have hereunto set our hands and seal an this _ ~ .day of ~~/ _ , 2412. wrrxESS: Xtobert B. Anderson Nancy A. Thompson David J. Anderson Brace M. Aaderaon Susanne D. Anderson 'William G. erson COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~~ti~,~-, ~ c~~L~ . SS. Qn this, the ~ day of ~~~, 2012, before me, a Notary Public, the undersigned officer, personally appeared William C. Anderson, 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. Il~ V~~][TNESS WHEREOF, I hereunto set my hand and official seal. Notary Public -CQMM®N4~(i~~;~L tar ~'EI~lV~~~LV:A ~A Notarial dal Frtathlee~ Susan MaY- Ng~~ ~y~lie ~.ow~r gl1(sn Tip„ ~~mbeMand County M Co~nmissl~n Etc, ices 0~, 7, a01+a• Mer~b~r. P®ri~ Yania As~ociatlon Q hlotaries 10 RECAPITULATION 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 On 2/ 13/ 11 to the six siblings in the total amount of On 4/22/11 to the six siblings in the total amount of On 1 /24/ 12 to the six siblings in the total amount of AMOUNT FOR DISTRIBUTION $173,319.00 - $ 19,246.46 $154,072.54 $ 1,000.00 $ 2,500.00 $ 12,000.00 $ 60,000.00 $ 60,000.00 $ 18,572.54 11 Exhibit "A" ASSETS Ameritrade -Stock Ameritrade -Cash Account Omni Care (Pharmacy) Refund Members 1St TOTAL ASSETS $152,774.00 $ 2,482.00 $ 63.00 $ 18,000.00 $173,319.00 12 Exhibit "B" LIABILITIES/EXPENSES Auer Cremation Services $ 1,650.00 Minister Services $ 200.00 Firehouse Restaurant -Memorial Service Dinner $ 3,621.82 Register of Wills -Probate Fees $ 318.50 Register of Wills -Inheritance Tax $ 7,208.12 Reager & Adler, PC -Attorney's Fees 2/ 1 / 11 -present $ 1, 899.76 Patriot News -Obituary $ 251.97 A-1 Party Rent-All -Podium Rental $ 11.66 Verizon -Final Phone $ 6.00 PA Department of Revenue - 2010 Taxes $ 21.00 East Pennsboro Ambulance $ 88.25 Genesis Rehabilitation $ 30.00 Advantage Ambulance Inc. $ 150.00 Nancy Thompson -Funeral Flowers $ 583.00 United Healthcare -January Medicare Supplement $ 127.87 Advantage Ambulance $ 150.00 West Shore EMS $ 81.89 Healthsouth - Co-pay/Deductible $ 750.00 Pinnacle Health Hospitals $ 1,000.00 West Shore EMS $ 1,001.62 Zlotoff, Gilfert & Gold $ 80.00 Taxact - 2010 Taxes $ 15.00 TOTAL LIABILITIES/EXPENSES $19,246.46 13 Exhibit "C" SCHEDULE OF DISTRIBUTION Robert B. Anderson -The sum of $2,000.00 was distributed on February 13, 2011; the sum of $10,000.00 was distributed on Apri122, 2011; the sum of $10,000.00 was distributed on January 24, 2012 in the amount of $10,000.00; and the amount of $3,095.43 his one sixth share of the residual estate will be issued in the form of a check from the Estate Checking Account. Nancy A. Thompson -The sum of $2,000.00 was distributed on February 13, 2011; the sum of $10,000.00 was distributed on April 22, 2011; the sum of $10,000.00 was distributed on January 24, 2012 in the amount of $10,000.00; and the amount of $3,095.43 her one sixth share of the residual estate will be issued in the form of a check from the Estate Checking Account. David J. Anderson -The sum of $2,000.00 was distributed on February 13, 2011; the sum of $10,000.00 was distributed on Apri122, 2011; the sum of $10,000.00 was distributed on January 24, 2012 in the amount of $10,000.00; and the amount of $3,095.42 his one sixth share of the residual estate will be issued in the form of a check from the Estate Checking Account. Bruce M. Anderson -The sum of $2,000.00 was distributed on February 13, 2011; the sum of $10,000.00 was distributed on Apri122, 2011; the sum of $10,000.00 was distributed on January 24, 2012 in the amount of $10,000.00; and the amount of $3,095.42 his one sixth share of the residual estate will be issued in the form of a check from the Estate Checking Account. Susanne D. Anderson -The sum of $2,000.00 was distributed on February 13, 2011; the sum of $10,000.00 was distributed on April 22, 2011; the sum of $10,000.00 was distributed on January 24, 2012 in the amount of $10,000.00; and the amount of 14 $3,095.42 her one sixth share of the residual estate will be issued in the form of a check from the Estate Checking Account. William C. Anderson -The sum of $2,000.00 was distributed on February 13, 201 l; the sum of $10,000.00 was distributed on April 22, 2011; the sum of $10,000.00 was distributed on January 24, 2012 in the amount of $10,000.00; and the amount of $3,095.42 his one sixth share of the residual estate will be issued in the form of a check from the Estate Checking Account. 15