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HomeMy WebLinkAbout11-21-12ORPHANS' COURT DIVISION ., COURT OF COMMON PLEAS OF CUMBERLAND COUNT' :;, _. ,. _. ... _> P.~T , ~. Estate of Geraldine L. Erdman, ~ ~_~ ~ -' _- - ~ ~. Deceased No. 21-11-0809 ~' ~ ;~; J - r_ :, _ . _ _. ,.. '- ~ _...~._I --~ _ __ :c~ FAMILY SETTLEMENT AND FINAL RELEASE :°- ~ - ° ~ FOR THE _x> ~`=" ~~ '3 '`' --~~ t :.y ESTATE OF GERALDINE L. ERDMAN, DECEASED KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Geraldine L. Erdman, late of Carlisle, Cumberland County, Pennsylvania, deceased, died testate on June 5, 2011, Letters Testamentary were filed in the Cumberland County, Register of Wills Office at File Number 21-11-0809; WHEREAS, the said Kim M. Lehr was appointed Executrix of the Estate; WHEREAS, the Executrix has gathered the assets of the estate of the decedent and the assets consist of personal property, with a total value of $72,401.80 as set forth in Exhibit "A", which is a statement of account of said Executrix, and which is attached hereto and made a part hereof; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate, amount to $18,369.26, as set forth on Exhibit "B" attached hereto; less $18,000.00 distributed to the beneficiaries leaving a balance of cash for distribution of $36,032.54 to the beneficiaries; from which the Executrix will withhold $200.00 for payment of final attorney's fees Therefore, in the proportion of their interests and without further accounting, the balance then remaining of $35,532.54 is available for distribution, as set forth in the statement of the said Executrix, which is attached hereto and labeled "Recapitulation". Such distribution will also include any funds received by the Executrix subsequent to the 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 Executrix or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; WHEREAS, in accordance with her Last Will and Testament, the balance of the estate shall pass to her two children, Kim M. Lehr and Debra Ann Kotze and her granddaughter, Nicole Barron to be divided equally among the beneficiaries. ~1 ~.. ~, 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 and devises as therein set forth. Without intending to limit the rights or remedies of the Executrix the parties further agree to indemnify the Executrix and save her harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which she may incur, whether due to her negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, we, Kim M. Lehr, Debra Ann Kotze and Nicole Barron, being the three equal beneficiaries of the said decedent, and being those persons entitled to inherit under the decedent's Last Will and Testament duly probated, do hereby each of us, acknowledge that we have this day received from the aforesaid Executrix, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to each of us respectively by decedent's Last Will and Testament, the amounts due us under said Will, 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. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said Executrix, her heirs, Executrix's and administrators and assigns, of and form 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 Executrix, 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 the aforesaid Executrix after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release maybe 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 ~, ~@ ~,~ IN WITNESS WHEREOF we have hereunto set our hands and seals this ~. , 2012. day of ~~ P';~;~~, WITNESS:_. ~""._~~ ~~ ~ I c . Lehr Debra Ann Kotze Nicole Barron ~ SS. COUNTY OF ~~,f„~- ~,~ ~ ~. ,~, -~ t~, , On this, the f ~t ~' day of ~`L~ rw:a ~ ^ ~ ~g~,~.~ r , 2012, before me, a Notary Public, the undersigned officer, personally appeared Kim M. Lehr, 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,,,._, ,• '~ Notary c `~""~'' r ~` COMMONWEALTH at"' P' ~1SYLVAN Notarial Seal Jennifer S. K. Gross, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Sept. 11, 2016 MEMBER pENNSV'l~~ANIA ASSOCIAT~:QN OF NOTARIES 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 Executrix 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 IN WITNESS WHEREOF we have hereunto set our hands and seals this ~~:~ U day of ~ ~ ' ' ~, 2012. WITNESS: Kim M. Lehr ---y ,~ Debra Ann Kotze Nicole Barron STATE OF ~,.~; ,,~ { . ~~ ~' ' , 'V SS. COUNTY OF ~~ ~ ~ ,, . . ~ ~. On this, the 2 f =, day of ,~~ , 2012, before me, a Notary Public, the undersigned officer, personally appeared Debra Ann Kotze, 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. DIVYESH PATEL ~, NOTARY PUBLIC • MARYLAND Notary Public / Baltimore County c ~~c}-= ~ ~__. ~~~~ Conmusswn Expires Jan. 13, 2fl ~4 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 the aforesaid Executrix after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release maybe 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 ~, IN WITNESS WHEREOF we have hereunto set our hands and seals this I ~ ~.~,~,;" 2012. day of ~\,`;~~_~,~~ , WITNESS: Kim M. Lehr b Ann Kotz icole B rron STATE OF ~ ~ , ~ ` ~..~ ~ C~ ~ SS. BOUNTY OF ~~ C)n this, the day of ~d ~ ~~, r , 2012, before me, a _.__-_ Notary Public, the undersigned officer, personally appeared Nicole Banco 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. ~., ~~_ Notary Pu lic IIINII iiA~ ':•.; NANCY NOE ?+-: ir_ MY COMMISSION # EE 163511 '~ ~ EXPIRES: February 21, 2016 -%1;~~~,~`~ Bonded Thtu Notary PubNc Unden~riters RECAPITULATION Decedent's Assets $ 72,401.80 Decedent's Liabilities/Probate Expenses - 18,369.26 AMOUNT AVAILABLE FOR DISTRIBUTION $ 54,032.54 Advances made to beneficiaries total: - $ 18,000.00 Kim M. Lehr - $6,000.00 Debra Ann Kotze - $6,000.00 Nicole Barron - $6,000.00 Reserve held for Attorney's Fees - $ 200.00 TOTAL AVAILABLE FOR DISTRIBUTION ~ 35,832.54 Exhibit "A" ASSETS 7/23/ 11 Members 1St Checking Account $ 4,184.40 7/23/11 Members 1St Checking Account $ 5.00 9/24/11 Deposit $ 23.80 12/20/11 House Proceeds $63,777.51 1/14/12 Foremost Insurance Refund $ 385.78 2/11/12 Altemose Fuels Refund $ 400.64 4/7/12 CVS Refund $ 44.67 7/28/12 Escrow refund from sale of House $ 3,374.71 8/22/12 Department of Revenue Refund $ 180.69 7/31/11- Present Interest $ 24.60 TOTAL ASSETS $72,401.80 Exhibit "B" LIABILITIES/EXPENSES 8/10/11 Foremost Insurance $ 738.33 9/16/11 PP L Electric $ 15.79 9/19/11 City of Allentown $ 32.42 9/19/11 Lee Bailey -Lawn Care $ 190.80 9/19/11 Foremost Insurance $ 250.11 10/1/11 Cedar Hill Memorial $ 157.92 10/6/11 Lee Bailey -Lawn Care $ 95.40 10/12/11 Check Fee $ 15.95 10/29/11 Foremost Insurance $ 250.11 11 /4/ 11 Cedar Hill Memorial $ 157.92 11 /7/ 11 City o f Allentown $ 3 3.40 11/9/11 City of Allentown $ 100.00 11/26/11 Foremost Insurance $ 250.11 12/12/11 Lee Bailey -Lawn Care $ 95.40 12/20/11 PP L $ 90.99 12/20/11 Sarah A. Todd Memorial (Nursing Home) $2,623.34 12/20/11 Cedar Hill Memorial $1,579.16 12/20/11 Department of Public Welfare (Nursing Home) $4,902.57 12/21/11 Loan Payoff for Repairs to Home $4,012.12 6/21/12 Kim Lehr, Executor Fee $2,000.00 TOTAL LIABILITIES/EXPENSES $17,591.84 TOTAL PROBATE EXPENSES $ 777.42 SUBTOTAL $18,369.26 Exhibit "B" (continued) ADMINISTRATIVE EXPENSES Register of Wills Probate Cost reimburse to Kim Lehr $ 273.50 Reager & Adler, PC Attorney's Fees/Cost $ 500.92 TOTAL PROBATE EXPENSES $ 774.42 Inheritance Tax was paid from the Escrow held by the title company from the sale of the house in Allentown in the amount of $2,185.66 Exhibit "C" SCHEDULE OF DISTRIBUTION Kim M. Lehr - The sum of $6,000.00 was distributed on December 22, 2011. The sum of $11,525.60 which is her one third share of the residual estate less $627.86 reimbursement to the Estate Checking Account. The $11,525.61 will be issued in the form of a check from the Estate Checking Account. Debra Ann Kotze - The sum of $6,000.00 was distributed on December 29, 2011. The sum of $12,153.47 which is her one third share of the residual estate will be issued in the form of a check from the Estate Checking Account. Nicole Barron -The sum of $6,000.00 was distributed on January 5, 2012. The sum of $12,153.47 which is her one third share of the residual estate will be issued in the form of a check from the Estate Checking Account.