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HomeMy WebLinkAbout12-14-12IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF ,-„ CUMBERLAND COUNTY PENNSYLVANIA ~ m , o rn ~ ESTATE OF FLORENCE WEBB, DECEAS~ ~ ~ ~ ~' o ~~ No. 2011-00486 ~ ~ ~ ~.' ~ n ~ APPROVAL OF ACCOUNT, WAIVER, REC~,P~', ~? ~n ~ ~ ~:a ~ RELEASE, AND AGREEMENT OF INDENB~~ ~ . „ ~` ~ ~=, The circumstances leading up to the execution of this instrument are as follow: ~' ~ 1. Florence Webb died on Apri19, 2011, leaving a Will dated March 6, 2008, naming Jean Hoin as Executrix. 2. Letters Testamentary were granted to Jean Hoin by the Register of Wills of Cumberland County on April 15, 2011. 3. It is the desire of the Florence Webb heirs that the Estate 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 Executrix is willing to make such distribution upon the execution of this instrument. 4. An account of the administration of the Estate of Florence Webb has been prepared by the Executrix. A copy is attached hereto as Exhibit A. 5. In consideration of the foregoing, each of the undersigned hereby: A. Represents and warrants that he/she has read and understands this instrument and that the facts set forth above are true and correct to the best of his/her knowledge, information and belief; B. Declares that he/she has examined the attached account of the administration of the Estate and the attached schedule of distribution; that he/she finds them to be true and correct in all particulars; that he/she accepts and approves them as if they had been duly filed, -1- 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 him/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 Executrix to make distribution of the principal and income in accordance with the schedule of distribution, and effective upon delivery to him/her of the amounts shown as respectively distributable, acknowledges receipt of such property; E. Agrees to refund to the Executrix any amount which may at any time be determined to have been an erroneous distribution to him/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 Executrix 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 Jean Hoin, individually and in her capacity as Executrix, from any and all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the Florence Webb Estate; G. Agrees to indemnify and hold harmless, to the extent of the funds received by him/her hereunder, Jean Hoin, individually and in her capacity as Executrix, from and -2- against any and all claims, loss, liability or damage (including legal fees and costs in connection therewith) which she may suffer or to which she may be subjected by reason of her administration of the Estate, the settlement of her Executrix's 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 his/her intention that this instrument, consisting of four pages, shall be governed by the law of Pennsylvania and shall be legally binding as an agreement under seal upon him/her and upon his/her heirs, executors, administrators and assigns; I. This agreement may be executed in counterparts. _ _ Executed on: a Z- '7 r ~ (Seal) DATE J HOIN (Seal) BATE KAYE REAM (Seal) DATE BARRIE HUNKINS (Seal) DATE JEREMY HUNKINS (Seal) DATE SUSAN M. GROTHE (Seal) DATE LINDA QUEEN -3- against any and all claims, loss, liability or damage (including legal fees and costs in connection therewith) which she may suffer or to which she may be subjected by reason of her administration of the Estate, the settlement of her Executrix's 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 his/her intention that this instrument, consisting of four pages, shall be governed by the law of Pennsylvania and shall be legally binding as an agreement under seal upon him/her and upon his/her heirs, executors, administrators and assigns; I. This agreement may be executed in counterparts . Executed on: (Seal) DATE JEAN HOIN .~a~. In ~G 1 Z- (Seal) DATE Y REAM (Seal) DATE BARRIE HUNKIN5 (Seal) DATE JEREMY HUNKINS (Seal) DATE SUSAN M. GROTHE (Seal) DATE LINDA QUEEN -3- against any and all claims, loss, liability or damage (including legal fees and costs in connection therewith) which she may suffer or to which she may be subjected by reason of her administration of the Estate, the settlement of her Executrix's 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 his/her intention that this instrument, consisting of four pages, shall be governed by the law of Pennsylvania and shall be legally binding as an agreement under seal upon him/her and upon his/her heirs, executors, administrators and assigns; I. This agreement may be executed in counterparts . Y Executed on: DATE JEAN HOIN DATE 1~~.~~2C4 17 DATE DATE DATE KAYE REAM (Seal) (Seal) ~ {Seal) BARRIE HUNKINS JEREMY HUNKINS (Seal} SUSAN M. GROTHE (Seal) (dal) DATE LINDA QUEEN -3- HELEN O. KRAUSE ANIMAL FOUNDATION /U -- 3C1- /~.. BY ~. (Seal) DATE ~~~~f WEST SHORE HUMANE SOCIETY DATE DATE BY: (Seal) BEST FRIENDS ANIMAL SOCIETY BY: (Seal) -4- DATE -a-`f-'=~-~- DATE DATE HELEN O. KRAUSE ANIMAL FOUNDATION BY: (Seal) WEST SHORE HUMANE SOCIETY BY: (Seal) BEST FRIENDS ANIMAL SOCIETY BY: (Seal) -4- HELEN O. KRAUSE ANIMAL FOUNDATION BY: (Seal) DATE WEST SHORE HUMANE SOCIETY BY: (Seal) DATE BEST FRIENDS ANIMAL SOCIETY /~- /- Ja-- BY: j' (Seal) DATE ~'O~ri~©c.L ~,~ -~- BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-00486 FIRST AND FINAL ACCOUNT OF JEAN HOIN, Executriix For ESTATE OF FLORENCE WEBB, Deceased Date of Death: Date of Executor's Appointment: Accounting for the Period: April 9, 2011 April 15, 2011 April 15, 2011 to October 15, 2012 PURPOSE OF ACCOUNT: Jean Hoin, Executrix, offers this Account to acquaint interested parties with the transactions that have occurred during her 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 Proposed Distribution to Beneficiaries PRINCIPAL Receipts Net Loss on Sales or Other Dispositions Less Disbursements Debts of Decedent Funeral Expenses Administration Expenses Federal and State Taxes Fees and Commissions Principal Balance on Hand Balance Before Distributions Distributions to Beneficiaries Combined Balance on Hand Current Page Value Fiduciary Acquisition Value 7 $ 229,093.53 2-3 $ 278,113.27 4 $ 914.91 4 4, 993.65 4-5 11, 908.80 5 21, 002.38 5 10,100.00 $ 48, 919.74 $ 229,193.53 $ 229,193.53 6 100.00 $ 229,093.53 Page 1 RECEIPTS OF PRINCIPAL Assets Listed in Inventory: (Value as of Date of Death) Cash and Bank Deposit: Members First Savings Acct. #13162-00 PNC Savings Acct. #5130174845 PNC Checking Acct. #5140067322 Cash in possession of Decedent Tans~ible Personal Pro Personal possessions and 2001 Toyota (based on auction proceeds) 2 paintings of flowers and framed picture of dog on bed (based on auctioneer's est.) Stocks: Members First Money Management Acct. #13162-05 Real 5237 Windsor Blvd., Mechanicsburg, PA (based on proceeds from sale) payment recd. on the day of settlement (10/28/11) remaining proceeds held in escrow (07/17/12) $ 25.74 19,419.17 19,070.33 117.47 $ 38,632.71 $ 8,615.05 100.00 $ 8, 715.05 $ 99,290.89 $ 99,290.89 $ 116,686.67 8,000.00 $ 124,686.67 Page 2 Refunds: AAA refund Readers Digest refund Patriot-News refund Union Car Insurance refund PA State rebate Nationwide Insurance refund Allianz Life Insurance Policy #20605753 (made payable to the Estate) TOTAL ASSETS LISTED IN INVENTORY: Receipts Subsequent to Inventory (Valued When Received) U.S. Treasury Tax refund 2011 Nationwide refund TOTAL RECEIPTS OF PRINCIPAL: $ 68.75 24.95 149.55 6.22 250.00 49.83 4,915.75 $ 5,465.05 $ 1,297.00 25.90 $ 1, 322.90 Page 3 $ 276,790.37 $ 278,113.27 DISBURSEMENTS OF PRINCIPAL Debts of Decedent: Date: Darlene Watson (cleaning) 4/16/11 $ 182.85 Comcast Cable 4/7/11 62.82 4/24/11 62.82 6/13/11 58.75 Buchanan & Erb 6/3/11 345.00 9/21 /11 9.98 Checks written before DOD but cleared after DOD 192.69 $ Funeral Exaenses: Myers Funeral Home 4/16/11 $ 4,594.00 Kaye Ream (Cemetery marker) 4/16/11 85.44 Kaye Theo for funeral luncheon 4/19111 314.21 $ Administration Ext~enses: Probate Fees 1/13112 $ 30.00 413/12 50.00 287.50 Attorney's postage, copies, mileage, etc. 50.00 Harland Clarke (estate checks) 4/27/11 30.57 Nationwide Insurance 4/28/11 81.03 5/31/11 81.04 6/28/11 39.75 8/30/11 39.75 Pennsylvania American Water 4/18/11 27.14 5/24/11 32.05 6/30/11 26.31 7/19/11 28.83 8/22/11 27.19 9/20/11 25.54 10/22/11 25.75 11/11/11 4.40 Tom Langan (locksmith) 4/18/11 80.00 PP&L 4/18/11 73.99 4/18/11 45.60 5/17/11 50.43 8/7/11 132.17 9/9/11 62.22 10/19/11 53.44 11/28/11 2.51 D & S (car inspection) 4/18/11 71.01 Michael E. Sopp, III (lawn mowing, 4/15/11 540.00 spring cleanup & mulching at 5/4/11 290.00 5237 Windsor Blvd.) 7/10/11 145.00 914.91 4,993.65 Page 4 8/4/11 270.00 9/8/11 150.00 10/6/11 460.00 11 /3/11 110.00 Larry's Auto Detail 6/2/11 211.95 (to prepare car for sale) Penn DOT (transfer of car title) 6/4111 58.50 Tru Green (grub control at 6/5/11 57.26 5237 Windsor Blvd.) 6/14/11 49.01 6/20/11 98.03 7/28/11 49.01 8/4/11 57.26 8/31 /11 52.19 Darlene Watson (cleaning 8~ prep 6/30/11 390.00 of house for sale) Lower Allen Township (trash/sewer) 7/6/11 103.95 10/3/11 103.95 Stanley Steamer (carpet cleaning} 7/19/11 104.94 Tom's Home Services (painting/repairs) 7/21/11 1,664.10 10/14/11 741.98 Bonnie Miller, Tax Collector 8/1111 1,362.97 (school taxes) Walker Realty (express mail) 9/27/11 13.25 Terminex (termite treatment) 10/22/11 1,551.84 Enviroquest (radon mitigation) 10/26/11 860.00 Overnight mail & postage charges 44.39 incurred by Executrix Executrix travel expenses (5 round trips from 901.00 NJ to PA - 320.4 miles/trip x $0.50 x 5 = 801; $20 tolls per round trip x 5 = $100) Reserve for Filing of Account 10.00 $ Federal and State Taxes: 11,908.80 PA Inheritance Tax 10/2/11 $ 12,000.00 1/13/12 9,002.38 $ 21,002.38 Fees and Commissions: Debra K. Wallet, Esq.--Attorney Fees $ 5,000.00 Jean Hoin (Executrix fee) 5,000.00 Manchester Accounting, 2011 tax prep 2/23/12 100.00 $ 10,100.00 Page 5 DISTRIBUTION TO BENEFICIARIES TO: Kaye Ream 163 Easterly Drive Mechanicsburg, PA 17050 2 paintings of flowers and framed dog picture $ 100.00 TOTAL DISTRIBUTION TO BENEFICIARIES: $ 100.00 Page 6 PROPOSED DISTRIBUTION TO BENEFICIARIES TO: Jean Hoin 10B Ardsley Avenue Whiting, NJ 08759 Kaye Ream 163 Easterly Drive Mechanicsburg, PA 17050 Barrie Hunkins 1 East Schoolside Drive Mechanicsburg, PA 17055 Jeremy Hunkins 1 East Schoolside Drive Mechanicsburg, PA 17055 Susan M. Grothe 5402A Oxford Drive Mechanicsburg, PA 17055 Linda Queen 31 Woodland Avenue Lititz, PA 17543 Helen O. Krause Animal Foundation P.O. Box 311 Mechanicsburg, PA 17055 West Shore Humane Society 7790 Grayson Road Harrisburg, PA 17111 Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741-5000 TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $ 56,773.39 28,386.69 1,000.00 1,000.00 28, 386.69 28, 386.69 28, 386.69 28,386.69 28,386.69 S 229,493.53 Page 7