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HomeMy WebLinkAbout01-30-13 (2)ORPHANS' COURT DIVISION c o 4 '' ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COL~1~Y T_ ^'~ er''., m ac c~ ---, I ~ o Estate of Steven C. Baker ~ ~ ran w `-+ ~~~ ~~ Deceased No. 21-11-0052 w'' "•' ~ ° ~~ C> c'~ . - r, -fir' _,,) t J , r .,:3 _ .,,~ FAMILY SETTLEMENT AND FINAL RELEASE `" `~' ~'e `'' .: _ ~, IN , -. va a-~ ~ ESTATE OF STEVEN C. BAKER. DECEASED KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Steven C. Baker, late of East Pennsboro Township, Cumberland County, Pennsylvania, deceased, died testate on December 23, 2010, having first made his Last Will and Testament, which was duly executed on August 5, 2010, and is duly recorded in the Cumberland County, Register of Wills Office at File Number 21-11-0052; WHEREAS, the said Testator, by the aforesaid Will, named William A. Baker, as Executor of his Last Will and Testament; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on January 12, 2011 naming William A. Baker as Executor; WHEREAS, the Executor has gathered the assets of the estate of the decedent and the assets consist of decedent's property, with a total value of $143,969.76 asset forth in Exhibit "A", which is a statement of account of said Executor, 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 $119,876.30, as set forth on Exhibit "B" attached hereto; leaving a balance for distribution of $24,093.46 from which the Executor will/has: (i) withhold $1,500.00 for payment of final attorney's fees, (ii) withhold $1,000.00 for payment of fiduciary taxes and any other proper expenses or liabilities of the estate of which the Executor shall have received notice by that time, or which may otherwise be payable; and (iii) distribute to the beneficiaries, in the proportion of their interests and without further accounting, the balance then remaining of $21,593.46 available for ~, distribution, as set forth in the statement of the said Executor, which is attached hereto and labeled "Recapitulation". Such distribution will also include any funds received by the Executor 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 Executor or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; WHEREAS, funds were advanced to the beneficiaries on May 9, 2012 in the total amount of $30,000.00; WHEREAS, in accordance with the decedent's Will, each beneficiary is to receive one third (1/3) 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. Without intending to limit the rights or remedies of the Executor, the parties further agree to indemnify the Executor 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, Dale Barber, Shelley Watson and Jessica Maggiorini, being all of the beneficiaries as set forth in paragraph 5 of the Last Will and Testament of the said decedent, and heirs under the Will of the said decedent, and being those persons entitled to inherit under said Will, do hereby each of us, acknowledge that we have this day received from the aforesaid Executor, 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 the said 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 dischazge the said Executor, heirs, Executor'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 Executor, 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 Executor 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 1N WITNESS WHEREOF we have hereunto set our hands and seals this ~~ day of January, 2013. WITNESS: ~/~~~~d~ (SEAL) Dale Barber "t/ SEAL) Shelley atson (SEAL) Jessica Maggiorini 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 Executor, heirs, Executor'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 Executor, 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 Executor 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 day of January, 2013. WITNESS: (SEAL) Date Barber (SEAL) Shelley Watson . EAL) Jessica Maggiorini STATE OF ~ nosy/r2n ~ ~ SS. COUNTY OF ~ a-~~•`n On this, the ~~~ day of January, 2013, before me, a Notary Public, tarin; the undersigned officer, personally appea~e~ `i- > 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. otary Public COMMpNWEAt.TH OF PENNSYLVANIA Notarial Seal Aleda p, p~yree, Notary Public ~ d~oon E~Nls Ian. 5, 2015 STATE OF~-~S ~ ~ y ~- . SS. COUNTY OF C,Vr- ~ ~cn Q . On this, the ~ ~ ~ day of January, 2013, before me, a Notary Public, the undersigned officer, personally appeared Shelley Watson, 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 c ~~ o~ ~~~ Notary Publk ~ennHer S. K. Gross~~~ CouMY ~ ~ li, 2016 VANU A990CSK~IOR OF tgTIRIES STATE OF~ey~ II - ~lU~u COUNTY OF ~ ~ ~r,,~~ ss. On this, the ~~ day of January, 2013, before me, a Notary Public, the undersigned officer, personally appeared Dale Barber, 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. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Notary P i of v~ur~snwwta roorar+al sml lennMe~' S. K. Gross, Notary PuWk Camp HNI Boro, Cumberland County CAmn~On 11 2016 VAIpA OF N~TARt~ RECAPITULATION Decedent's Assets $143,969.76 Decedent's Liabilities/Probate Expenses - $114.876.30 _ $24,093.46 Reserve held in Estate Account for payment of remaining attorney's fees - $ 1,500.00 Reserve held in Estate Account for payment of fiduciary/estate taxes - 1 000.00 AMOUNT FOR DISTRIBUTION = $21,593.46 Exhibit "A" ASSETS REAL ESTATE: 130 E. CUMBERLAND ROAD, ENOLA, PENNSYLVANIA -SALE PROCEEDS $91,057.53 PERSONAL PROPERTY: SALE PROCEEDS $ 2,000.00 PATRIOT NEWS REFUND $ 128.77 STATE FARM REFUND $ 590.00 PNC BANK ACCOUNT $ 1,456.23 DIRECT TV REFUND $ 5.34 LOCAL 520 U.A. FEDERAL CREDIT UNION $ 25.61 BUICK LACROSSE 2007 SALE $ 9,850.00 ALLSTATE CAR INSURANCE REFUND $ 44.91 DEPOSIT $ 34.00 DEPSOIT FROM PNC BANK -OVERPAYMENT LINE OF CREDIT $ 737.81 DEPOSIT $ 14.32 DEPOSITS FROM WILLIAM BAKER (TO COVER EXPENSES) $27,500.00 CITIMORTGAGE -REFUND FROM LOAN PAYOFF $ 57.91 UNION LABOR LIFE INSURANCE -FOR BURIAL EXPENSES $ 1,712.69 EESTATE ACCOUNT INTEREST $ 47.14 INHERITANCE TAX REFUND $ 707.50 WILLIAM BAKER CONTRIBUTION $ 3,000.00 WILLIAM BAKER CONTRIBUTION $ 5,000.00 TOTAL ASSETS $143,969.76 Exhibit "B" LIABILITIES/EXPENSES 059 1/18/11 CURASCRIPT $ 60.00 056 1/18/11 PNC BANK 151.94 053 1/18/11 PPL 180.29 050 1/19/11 UGI 151.02 051 1/21/11 ALLSTATE HOME INSURANCE 582.50 054 1/21/11 P&PF PENSION PAYBACK 1,449.58 1/25/11 STATEMENT COPY FEE 12.00 1/25/11 CHECKS 15.95 101 2/01/11 PAWC 30.34 102 2/01/11 PPL 74.98 103 2/01/11 SEWE1t/SANITATION 138.00 104 2/01/11 CITI MORTGAGE 967.73 105 2/01/11 PNC BANK 149.14 106 2/09/11 FREYSINGER (KEY AND REMOTE) 110.86 107 2/11/11 ENGLE PUBLISHING (CAR AD) 27.00 108 2/16/11 UGI 155.33 109 2/16/11 PASTUCKA DENTAL 1,998.00 110 2/16/11 CITI MORTGAGE 466.70 111 2/16/11 REAGER AND ADLER 1,033.00 112 3/03/11 PPL 34.36 113 3/03/11 QUANTUM IMAGING 234.00 114 3/03/11 PAWC 27 08 115 3/03/11 PNC BANK 141.66 116 3/15/11 UGI 153.27 117 3/15/11 CITI MORTGAGE 466.70 118 3/22/11 REGISTER OF WILLS 10, 450.00 119 4/04/11 PNC BANK 147.80 120 4/04/11 SEWER/SANITATION 138.00 121 4/05/11 PAWC 27.90 122 4/06/11 PPL 27 89 123 4/13/11 MARTIN FLANNERY TAXES 410.00 124 4/17/11 US TREASURY 2010 2,513.00 125 4/17/11 US TREASURY 2009 1,043.00 126 4/17/11 WEST SHORE TAX BUREAU 318.00 127 4/25/11 CITI MORTGAGE 466.70 128 4/25/11 UGI 46.76 129 4/25/11 BILL BAKER (CAR AD) 28.00 130 4/25/11 PAWC 27 96 131 4/27/11 BRIAN DEGAETANO (HOUSE ELECTRIC) 2,500.00 132 4/27/11 REAGERANDADLER 1,136.00 133 5/04/11 SULLIVAN'S FUNERAL HOME 4,162.00 134 5/06/11 PPL 22.11 135 5/06/11 PNC BANK 144.99 136 5/13/11 WILLIAM BAKER (REGISTRY OF WILLS PAYBACK) 335.50 137 5/16/11 CITI MORTGAGE 466.70 138 5/16/11 UGI 23.59 139 5/26/11 UNITED STATES TREASURY 342.83 140 5/02/11 PAWC 27.14 141 5/27/11 PPL 12.00 142 VOID 143 6/24/11 DEBBIE LUPOLD (REAL ESTATE TAXES) 418.48 144 6/2411 PAWC 25.50 145 6/24/11 UGI 13.14 146 6/24/11 CITI MORTGAGE 466.70 147 6/27/11 GOODALL POOL (POOL OPENING) 257.55 148 6/28/11 CARPET MART 600.00 149 7/05/11 CRYSTAL POOLS 50.67 150 7/06/11 KNISELY (MULCH) 18.02 151 7/06/11 CARPET MART 1,601.22 152 7/07/11 CRYSTAL POOLS 18.29 153 7/11/11 SEWER AND SANITATION 138.00 154 7/11/11 REAGERANDADLER 148.00 155 7/11/11 PPL 23 47 156 7/11/11 DEBBIE LUPOLD (REAL ESTATE TAX) 1,286.84 157 7/20/11 UGI 10.95 158 7/20/11 CITI MORTGAGE 466.70 159 8/02/11 PPL 90.84 160 8/02/11 PAWC 64.16 161 8/17/11 CITI MORTGAGE 466.70 162 8/17/11 UGI 12.15 163 8/17/11 REAGER AND ADLER 92.50 164 8/25/11 PAWC 36.22 165 8/26/11 CRYSTAL POOLS 51.52 166 8/30/11 JESSICA MAGGIORINI 360.00 167 9/13/11 PPL 123.07 168 9/13/11 CITI MORTGAGE 466.70 169 9/22/11 UGI 11.09 170 9/22/11 PAWC 29.65 171 9/25/11 CRYSTAL POOLS 124.02 172 9/29/11 CRYSTAL POOLS 154.41 173 10/03/11 REAGER AND ADLER 240.50 174 10/03/11 PPL 68.74 175 10/03/11 VOID 176 10/03/11 MICHAEL J O'CONNOR 155.14 177 10/24/11 PAWC 2182 178 10/24/11 UGI 19.89 179 10/24/11 BILL BAKER (HOME DEPOT DOUBLE PANE WINDOW) 94.46 180 10/24/11 BILL BAKER (KREAMER GLASS PANE} 181 10/26/11 PPL 182 10/31/11 GINRICH MEMORIALS 183 11/02/11 WILLIAM BAKER (LOAN PAYBACK) 184 11/03/11 REAGERANDADLER 185 01/30/12 REAGERANDADLER 186 11/17/11 BILL BAKER (GRAVE EXCAVATION) 187 11/18/11 EMMANUEL UM WOMEN LUNCHEON 188 11/17/11 N S JOHNSON (FURNANCE MAINTNANCE) 189 01/30!12 BILL BAKER (EXECUTOR FEES) 190 12/21 /12 REAGER AND ADLER 191 05/09/12 DALE BARBER 192 05/09/12 SHELLEY WATSON 193 05/09/12 JESSICA MAGGIORINI 194 OS/10!12 REAGER AND ADLER 195 06/14/12 REAGERANDADLER 196 07/12/12 REAGER AND ADLER 197 11/28/12 REAGERANDADLER 198 01/03/13 REAGERANDADLER 26.21 9.28 863.00 36,525.00 284.50 905.00 50.00 200.00 109.00 5,000.00 1085.00 10,000.00 10,000.00 10,000.00 988.00 667.00 701.40 347.50 259.00 TOTAL EXPENSES $119,876.30 Exhibit "C" SCHEDULE OF DISTRIBUTION Dale Barber -The sum of $10,000.00 was distributed on May 9, 2012 and the remaining sum of $7,197.82 to be disbursed. Shelley Watson -The sum of $10,000.00 was distributed on May 9, 2012 and the remaining sum of $7,197.82 to be disbursed. Jessica Maggiorini -The sum of $10,000.00 was distributed on May 9, 2012 and the remaining sum of $7,197.82 to be disbursed.