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HomeMy WebLinkAbout04-22-13 (2) IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF DAWN A. REED, DECEASED -*3 No. 2010-00821 APPROVAL OF ACCOUNT, WAIVER, RECEIPTS; 4 RELEASE AND AGREEMENT OF INDEMNITY The circumstances leading up to the execution of this instrument are as follows: 1. Dawn A. Reed died on July 29, 2010, leaving a Will dated July 18, 1986, naming Eric R. Reed as Executor. 2. Letters Testamentary were granted to Eric R. Reed by the Register of Wills of Cumberland County on August 12, 2010. 3. It is the desire of the Dawn A. Reed 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 Executor is willing to make such distribution upon the execution of this instrument. 4. An account of the administration of the Estate of Dawn A. Reed has been prepared by the Executor. A copy is attached hereto as Exhibit A. 5. In consideration of the foregoing, the undersigned hereby: A. Represents and warrants that he has read and understands this instrument and that the facts set forth above are true and correct to the best of his knowledge, information and belief; -1- A, �.r Y: B. Declares that he has examined the attached account of the administration of the Estate and the attached schedule of distribution; that he finds them to be true and correct in all particulars; that he accepts and approves them as if they had been duly filed, 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; 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 Executor to make distribution of the principal and income in accordance with the schedule of distribution, and effective upon delivery to him of the amounts shown as respectively distributable, acknowledges receipt of such property; E. Agrees to refund to the Executor any amount which may at any time be determined to have been an erroneous distribution to him, 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 Executor 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 Eric R. Reed, individually and in his capacity as Executor, from any and all -2- actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the Dawn R. Reed Estate; G. Agrees to indemnify and hold harmless, to the extent of the funds received by him hereunder, Eric R. Reed, individually and in his capacity as Executor, from and against any and all claims, loss, liability or damage (including legal fees and costs in connection therewith) which he may suffer or to which he may be subjected by reason of his administration of the Estate, the settlement of his Executor'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 intention that this instrument, consisting of three pages, shall be governed by the law of Pennsylvania and shall be legally binding as an agreement under seal upon him and upon his heirs, executors, administrators and assigns. Executed on: W---(Seal) DATE ERIC R. REED -3- BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-00821 FIRST AND FINAL ACCCOUNT OF ERIC REED, Executor For ESTATE OF DAWN A. REED, Deceased Date of Death: July 29, 2010 Date of Executor's Appointment: August 12, 2010 Accounting for the Period: August 12, 2010 to April 18, 2013 PURPOSE OF ACCOUNT: Eric Reed, Executor, offers this Account to acquaint interested parties with the transactions that have occurred during his 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 Fiduciary Current Acquisition Page Value Value Proposed Distribution to Beneficiaries 6 $ 0.00 PRINCIPAL Receipts 2 $ 75,601.44 Net Loss on Sales or Other Dispositions Less Disbursements Debts of Decedent 3 $ 58,092.15 Funeral Expenses 3 10,185.45 Administration Expenses 3 325.50 Federal and State Taxes 3 0.00 Fees and Commissions 3 7,000.00 $ 75,603.10 Principal Balance on Hand $ (1.66) INCOME Receipts 4 $ 1.66 Income Balance on Hand 1.66 Balance Before Distributions $ 0.00 Distributions to Beneficiaries 5 $ 0.00 Combined Balance on Hand $ 0.00 Page 1 RECEIPTS OF PRINCIPAL Assets Listed in Inventory: (Value as of Date of Death) Cash and Bank Deposits: M &T Bank Checking $ 66,873.02 Acct. #433578 Wachovia Bank Burial Reserve Fund $ 7,776.25 Claremont Nursing Home & Rehab Ctr 940.23 $ 75,589.50 Savings Acct. Refunds: Highmark refund 11.94 $ 11.94 TOTAL ASSETS LISTED IN INVENTORY: $ 75,601.44 Page 2 DISBURSEMENTS OF PRINCIPAL Debts of Decedent: Date: Pharmerica 8/27/10 129.70 Claremont Nursing Home 8/13/10 65.00 Public Welfare claim - 4/18/13 57,897.45 $ 58,092.15 partial payment Funeral Expenses: Ewing Brothers Funeral Home 8/13/10 $ 239.97 8/11/10 875.23 7/29/10 7,776.25 Gingrich Memorials '7114110 1,294.00 $ 10,185.45 Administration Expenses: Probate Fees 305.50 Postage, Photocopies, etc. 20.00 $ 325.50 Federal and State Taxes: PA Inheritance Tax $ 0.00 $ 0.00 Fees and Commissions: Debra K. Wallet, Esq. -Attorney fees 3,500.00 Eric R. Reed - Executor Fee 3,500.00 $ 7,000.00 Page 3 RECEIPTS OF INCOME Interest: M&T Bank Jan.1, 2011 - Mar. 22, 2011 $ 1.66 TOTAL RECEIPTS OF INCOME: $ 1.66 Page 4 DISTRIBUTION TO BENEFICIARIES TO: Eric R. Reed 710 Louisa Lane Mechanicsburg, PA 17050 $ 0.00 TOTAL DISTRIBUTION TO BENEFICIARIES: $ 0.00 Page 5 PROPOSED DISTRIBUTION TO BENEFICIARIES TO: Eric R. Reed 710 Louisa Lane Mechanicsburg, PA 17050 $ 0.00 TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $ 0.00 Page 6