HomeMy WebLinkAbout03-06-13 (2) S '
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF CUMBERLAND CQ)UNTY
Estate of Mildred B. Laboda, m 7°0 rn
Deceased : No. 21-12-0784 n
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FAMILY SETTLEMENT AND FINAL RELEAg °
FOR moo ° ,°h -t,
ESTATE OF MILDRED B.LABODA.DECEAI> "r)
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KNOW ALL MEN BY THESE PRESENTS,that WHEREAS,Mildred B.
Laboda, late of Mechanicsburg Borough, Cumberland County, Pennsylvania,deceased,
died testate on July 7, 2012;
WHEREAS,Letters Testamentary on the estate of the said decedent were duly
issued by the Register of Wills of Cumberland County, Pennsylvania, on July 18,2012
naming Jane L. Hawbecker Executrix;
WHEREAS,the Executrix has gathered the assets of the estate of the decedent
and the assets consist of personal property and monies,with a total value of$62,526.44
as set 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$21,798.26,as set forth on Exhibit`B"attached hereto;
thereby leaving a balance for distribution of$40,728.18 from which the Executrix
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 Executrix shall have received notice by that time, or which may
otherwise be payable, (iii) and$4,500.00 for the Executrix Fee to Jane L. Hawbecker
and(iv)distribute to the beneficiaries, in the proportion of their interests and without
further accounting, the balance then remaining of$33,728.18 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
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the Executrix any of the other parties thereafter,the beneficiaries agree to be jointly and
severally liable thereof;
WHEREAS, in accordance with the decedent's Will,each beneficiary, Maxwell
Scott Hawbecker,Megan Rae Hawbecker and Nicole Depsky will receive one third(1/3)
of the decedent's interest in the 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
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,that we, Maxwell Scott Hawbecker, Megan Rae
Hawbecker by her Guardian Jane L. Hawbecker, and Nicole Depsky,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 Executrix, 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
AND,the Last Will and Testament provides that is any such beneficiary or issue
is under the age of twenty-one(21),the Trustee appointed in the Will shall hold that
beneficiary's or issue's share in a separate trust for the benefit of that beneficiary or issue,
to be administered and distribution as follows:
i. Until such beneficiary or issue reaches the age of twenty-one(21),the
trustee shall pay to or apply for the benefit of that issue so much of the net
income of the trust as the trustee shall deem necessary or advisable to
provide for the issue's support, maintenance,health and education
(including higher or special education). The trustee shall accumulate any
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income not so distributed and shall add the same to principal at least
annually.
ii. Authorize the trustee to pay or apply principal of the trust,at any time,to
or for the benefit of such beneficiary or issue,even to the point of
exhausting trust principal, in such amounts as the trustee, in her absolute
discretion,deems necessary or advisable to provide for the support,
maintenance, education and health or such beneficiary or issue. For
example,but not by way of limitation,the trustee may pay or apply trust
principal, in the trustee's absolute discretion, for basic maintenance and
support; elementary or secondary education;post-secondary technical or
vocational training; college,postgraduate, and professional study;and
assistance in connection with marriage, acquisition and furnishing of a
home,and commencing a business or profession. In determining the
amount of principal to be disbursed,the trustee shall take into
consideration any other resources available to such beneficiary or issue.
iii. Upon such beneficiary or issue reaching age twenty-one(21),the trust ford
such beneficiary or issue terminates and the trustee shall distribute to such'
beneficiary or issue all of the trust assets remaining on hand.
iv. If a beneficiary dies before reaching the age of twenty-one(21), and is
survived by issue,the trustee shall distribute the trust principal to such
deceased beneficiary's then living children,per stirpes.
v. If a beneficiary dies before reaching age twenty-one(21),and is not
survived by issue,the trustee shall distribute the trust of that beneficiary in
equal shares to the surviving grandchildren.
vi.
If at any time,the trustee in her discretion determines that the size of such
beneficiary trust share does not warrant holding such share in trust,the
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trustee may, in full discharge of her duties herein,without formal court
accounting,pay the remaining principal and income to the Guardian of the
person of such beneficiary who is a minor or may deposit it in an interest
bearing or investment account in the name of such beneficiary,payable to
the beneficiary upon obtaining the age of twenty-one(21),or such earlier
age as the trustee deems appropriate, and upon such payment or deposit
the trustee shall be relieved of all liability in connection with such fund.
The trustee appointed under the Last will and Testament is Jane L. Hawbecker for
any trust or accounts to be set up for a beneficiary under the age of twenty-one
(21).
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 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 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
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
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IN WITNESS WHEREOF we have hereunto set our hands and seal on this
S* day of 2013.
WITNESS:
�u- l c150 /bal & .ems
Maxwell Scott Hawbecker
Me hn
g Rae Hawbecker by her Guardian
Jane L.Hawbecker
icole Deps1
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COMMONWEALTH OF PENNSYLVANIA
•
. SS.
COUNTY OF CI& czn�--
On this,the 15 L h day of Fc-b. ,2013,before me, a Notary Public, the
undersigned officer,personally appeared Maxwell Scott Hawbecker,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.
TM of PENNSYLVANIA Notary Public
Nonce seal Public
Mildred M.O'Oomit
Wlero, ��
COP 4
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COMMONWEALTH OF PENNSYLVANIA .•
(' : SS.
COUNTY OF 0011 I .
On this,the do day ofArcii ,2013,before me,a Notary Public,the
undersigned officer,personally appeared Jane L. Hawbecker, guardian for Megan Rae
Hawbecker,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.
No ; 'r• . is //". .
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S.K.Gross,Notary Public
Camp Hill Ebro,Cumberland County
My Commission Expires Sept.11,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
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COMMONWALTH OF PENNSYLVANIA
: SS.
COUNTY OF C j n I b r L J
On this,the {h day of}I c-C,2013,before me, a Notary Public,the
undersigned officer,personally appeared Nicole Depsky,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.
No : . • I is
COMMONWEAL. Of PENNSYLVANIA
NotanalSeal
Jennifer S.K.Gross,Notary Public
Camp,Combs e. 11 County 16
PENNSVWANIA ,, •':I • • NOTARtic
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RECAPITULATION
Decedent's Assets $ 62,526.44
Decedent's Liabilities/Probate Expenses - $ 21398.26
$ 40,728.18
Reserve held in Estate Account for payment
of remaining attorney's fees $ 1,000.00
Reserve held in Estate Account for payment
of fiduciary taxes $ 500.00
Executor Fee to Jane L. Hawbecker $ 4,500.00
AMOUNT FOR DISTRIBUTION $ 34,728.18
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Exhibit"A"
ASSETS
Proceeds from sale of 634 Cedar Ridge Lane,Mechanicsburg $45,608.57
Funds from Members 1 S`Federal Credit Union accounts
put into Estate checking account $12,936.42
Refund from gastro. Doctor $ 8.13
Sale of car and Comcast refund $ 3,043.35
Geico Car Insurance Refund $ 18.79
Tax Escrow Refund $ 911.18
TOTAL ASSETS: $62,526.44
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Exhibit"B"
LIABILITIES/EXPENSES
Funeral—Musselman Funeral Home&Cremation Services $ 2,684.82
Memorial—Rolling Green $ 3,034.00
Attorney's Fees—(7/9/12—present) $ 1,558.60
Register of Wills—Probate Cost $ 277.00
Register of Wills—Additional Short Certificates $ 24.00
Residential Care—Hospice $ 1,110.00
Painting—Bob Stare $ 2,250.00
Trash Removal—Waste Management Bagster $ 330.00
Repair Air-conditioning—Leggett $ 93.00
Skylight Repair—Conservation Concepts $ 929.36
House Repair Supplies—Lowes $ 543.74
Moving Truck—Brock Hartstock $ 100.00
Install Dishwasher,Carpentry—"Anything"Adam Keyes $ 235.00
Sewer—Upper Allen Township $ 112.00
Ambulance—East Pennsboro Ambulance Services, Inc. $ 105.00
Condo. Dues—Kathy Krieder $ 180.00
House Repair Supplies—Ritter True Value $ 91.36
Carpet for House—Abbey Carpet and Floor $ 3,000.00
Mortgage payments—Suntrust Mortgage $ 1,822.32
Electric—PPL $ 169.25
Repair back room carpet—Adam Kiess Carpentry $ 140.00
House Cleaning—Melissa Herbein $ 200.00
Replace and paint baseboard on back porch room-
Andy Hawbecker and Adam Keyes $ 266.82
Car Service for sale—Amerilube $ 30.00
Car gas for sale—Rutters $ 27.61
Fireplace Certification—Donnie Farner $ 100.00
Clean back porch—Rug Doctor $ 31.79
Install Skylight—Donnie Farner $ 550.00
Deliver Skylight—Uhaul $ 33.16
Water bill—United Water $ 50.77
Estate checks reorder—Deluxe.com $ 35.75
Telephone—Verizon $ 12.05
Inheritance Tax Payment—Register of Wills $ 1,620.86
Additional Probate Cost—Register of Wills $ 50.00
TOTAL LIABILITIES/EXPENSES $21,798.26
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Exhibit"C"
SCHEDULE OF DISTRIBUTION
Maxwell Scott Hawbecker —The sum of$1 1,242.73 which is his one-third share of the
residual estate will be issued in the form of a check from the Estate Checking Account
and placed in trust until he reaches the age of twenty-one(21)years.
Megan Rae Hawbecker by her Guardian Jane L.Hawbecker— The sum of
$11,242.73 which is she one-third share of the residual estate will be issued in the form of
a check from the Estate Checking Account and placed in trust until he reaches the age of
twenty-one(21)years.
Nicole Depsky-The sum of$11,242.73 which is her one-third share of the residual
estate will be issued in the form of a check from the Estate Checking Account.
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