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Home My WebLink About04-08-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF IRENE LENHARDT, DECEASED FILE NO. 2012-01103 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between AVA I. SHAFFER, individually and as Executrix of the Estate of IRENE LENHARDT, Deceased, and MARIA BRETZ and KATHARINA PETERS, individually. WHEREAS, IRENE LENHARDT, late of Cumberland County, Pennsylvania, died testate on September 27, 2012; having first made her Last Will and Testament dated October 26, 2010, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2012-01103; WHEREAS, AVA I. SHAFFER has been duly appointed as Executrix of the Estate of Irene Lenhardt, Deceased, and w WHEREAS, the parties in interest are: o Co �' G' 1. Ava 1. Shaffer, daughter; co zi 2. Maria Bretz, daughter; and ' I 3. Katharina Peters, daughter -� "� r , ca WHEREAS, AVA I. SHAFFER, MARIA BRETZ, and KATHARINA PETERS are each entitled to one-third (1/3) of the residuary property; WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; 1 WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A; WHEREAS, it is the desire of the parties to this agreement that administration of this estate be completed and accomplished without a formal accounting and adjudication in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the additional expense, delay and publicity of a formal accounting. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. AVA I. SHAFFER, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correct and.fully discloses all significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executrix, AVA I. SHAFFER,her heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JACQUELINE A. KELLY, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Irene Lenhardt. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the Estate from creditors or claimants. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 2 4. Each of the parties acknowledges that the terms of this Agreement shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executrix that should any liability come due to the Estate of the said decedent after the signing of this Agreement, each will contribute pro rata her 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 Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal this �� day of 0/k✓Z , 2013. WITNESS: AVA I. SHAFFER, Executrix and Beneficiary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the ��day of , 2013, before me, a Notary Public, the undersigned officer,personally appeared AVA I. SHAFFER 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C-h,c4WL�t M Pfut4k F NOTARIAL SEAL JACQUELINE A KELLY Notary Public AXTON TWP.,DAUPHIN COUNTY mission Expires Dec 17,2015 3 IN WIRINESS WHEREOF, I have hereunto set my hand and seal this day of 2013. WITNESS: MARIA BRETZ,Be fic y COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF r On this the day of Mcd�-c'_ , 2013, before me, a Notary Public, the undersigned officer,personally appeared MARIA BRETZ,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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA N Notarial seal Gerson A.Moraies-Pinar,Notary Public Susquehanna Up.,Dauphin County My Commission DOM April 14,2016 MEMSM PENNSYLVANIA ASSOaATION OF NOTE 4 IL IN WITNESS WHEREOF, I have hereunto set my hand and seal this IQ day of 52013. WITNESS: KATHARINA PETERS, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF DA SS: 'ftih- On this the day of , ` , 2013, before me, a Notary Public, the undersigned officer, personally appeared KATHARINA PETERS 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se COMMONWEAUM OF PENNSYLVANIA - �---- Notarial Seal Charles Frank Class III,Notary Public Notary Public Lower Paxton Twp.,Dauphin County My Commission Expires April 30,2015 MEMBER;PWISYO.ANIA ASFkX-!0Q70M.OF NOTARIES 5 ESTATE OF IRENE LENHARDT, DECEASED REGISTER OF WILLS CUMBERLAND COUNTY,PENNSYLVANIA FILE NO. 2012-01103 STATEMENT OF ACCOUNT OF THE ESTATE OF IRENE LENHARDT Date of Death September 27,2012 Personal Property (date of death value) Wells Fargo; Account#xxx1468 $147.18 Sovereign Bank; Account#xxx7839 $17.46 Prudential stock; 36 shs @ $54.66 $1,967.76 PSS World Medical; refund $39.00 Ermeritus; refund $142.00 AT&T; refund $12.79 Capital Blue Cross; refund $42.10 CVS; refund $36.69 Total Assets $2,404.98 Income/Loss Capital loss from sale of Prudential stock -$170.40 Total Income/Loss -$170.40 Expenses Legal fee; Jan L Brown& Associates -$1,275.37 Short certificates for Peter's estate; Register of Wills -$6.00 Short certificates for Irene's estate; Register of Wills -$4.00 Register of Wills; filing fees -$50.00 Cumberland Law Journal; legal advertising -$75.00 The Sentinel; legal advertising -$178.92 Citizens Bank; estate check fee -$12.46 Parks & Company; preparation of tax returns -$550.00 East Pennsboro Ambulance Services, Inc.; medical bill -$77.83 Sovereign Bank; maintenance fee -$5.00 Total Expenses -$2,234.58 *Other debts and expenses and Inheritance Tax have been paid using non-probate assets* Net Assets Available for Distribution $0.00 3/12/2013 1 of 2 ESTATE OF IRENE LENHARDT, DECEASED REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA FILE NO. 2012-01103 DISTRIBUTION TO BENEFICIARIES PURSUANT TO WILL DATED OCTOBER 26, 2010 Ava I. Shaffer, daughter 1/3 of residuary estate $0.00 Maria Bretz, daughter 1/3 of residuary estate $0.00 Katharina Peters, daughter 1/3 of residuary estate $0.00 Total Distribution $0.00 3/12/2013 2 of 2