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HomeMy WebLinkAbout06-06-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF PAUL R. PICKEL, JR., DECEASED FILE NO. 2013-00044 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between BETTY KATHRYN PICKEL, Executrix of the Estate of PAUL R. PICKEL,JR., Deceased, and PAUL C. PICKEL, III, RICHARD PICKEL, JENNIFER KRAUSE and MARGARET WENRICH, individually. WHEREAS, PAUL R. PICKEL, JR., late of Cumberland County, Pennsylvania, died testate on September l, 2005; having first made his Last Will and Testament dated May 8, 1978, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2013-00044; WHEREAS, BETTY KATHRYN PICKEL has been duly appointed as Executrix of the Estate of Paul R. Pickel, Jr., Deceased, and c� - WHEREAS, the parties in interest are: � " � n ^; �J _ ..`} �.9 r� -_ �� ._ :7 1. Paul C. Pickel, IIl, son; "-' '' �' '��' `�` ;._ :__ �`t r:� r,t c,� :.a � ._ ._ s� . =,. 2. Margazet Wenrich, daughter; ��' ^ • ' . c'' `'' _ -", _,, . , , - . , � , � . _ , ,, 3. Richard Pickel, grandson; and _ " � � � " :i � - _ ;� . c_� u� c� 4. Jennifer Krause, granddaughter � �' WHEREAS, PAUL C. PICKEL, III and MARGARET WENRICH are each entitled to one-third (1/3) ofthe residuary property; WHEREAS, RICHARD PICKEL and JENNIFER KRAUSE are each entitled to one- sixtb (1/6) 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 Accounf as attached hereto and mazked as Exhibit A; 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 forma! 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: l. BETTY KATHRYN PICKEL, 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 presentty due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executrix, BETTY KATHRYN PICKEL, 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 Paul R. Pickel, Jr. The parties do 2 _ 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. 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 his/her share of the Estate to satisFy any and all ciaims, 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. 3 IN WITNESS WHEREOF, I have hereunto set my hand and seal this`�d day of V , 2013. �,�,tiL WITNESS: � l� ��n ti.�� �',�c,�.�u� BETTY KA HRYN PICKEL, xecutrix COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF DAUPHIN • On this the �� day of� 2013 before me, a Notary Public, the undersigned officer, personally appeared B�KATHRYN PICKEL, 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. (N WiTNESS WHEREOF, I hereunto set my hand and official seal. � • r`Q tary blic NOTqRIAL SEAL JACOUELINE A KELLY Notary Pubiic LOWER PAXTON TWP.DAUPHIN COUNTY My Commission Ezpires Oec 17, 2015 4 . . IN WITNESS WHEREOF, I have hereunto set my hand and seal this�✓z day of �, 2013. WITNESS: . PIC , , eneficiary COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF • On this the � day of , 2013 before me, a Notary Public> the undersigned officer, personally appeared PA L C. PICKEL, III, 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 purposes therein contained. IN WiTNESS WHEREOF, I hereunto set my hand and official seal. N ry Public coMr�oruwea�-rri oF�r�sr�vaNu Notatlal� eal Judith A.Geyer,NoWry Gublic City of Hamsburg,Dauphin Counry My COmml561on Expires Sept.24,2016 MEMBER,PENNSVlVAN1A ASSOCfAT[ON OI XOTAR[ES 5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this o�3�day of �, 2013. WITNESS: ��-1{l.,�dl�'�l � �� /�ir,�si.i / �� M�i RGA ET WEN ICH, Beneficiary COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF �t y� � On this the r�� day of , 2013 before me, a Notary Public, the undersigned officer,personally appeared MARG RET WENRICH,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 WI7"NESS WHEREOF, I hereunto set my hand and official seal. Notary ublic ' ��� . F PENNSYLVANIq {vl�ll�3��� fiARIAtBEAL � §M1fth, Notary Public ��}��'��1���§BFtlUgh,qdams County k��b`�'.'����tm:June 13. 2o1a COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Melissa L. Smith, Notary Public Gettysburg Borough,Adams County My Commisslon Expires June 13, 2014 6 N WIT'NESS WHEREOF, 1 have hereunto set my hand and seal this �� day of ____��� 2013. WITNESS: ` � Kn//V l RI HARD P] EL, Beneficiary ��`�Iffb'J �f���E' � COMMONWEALTH OF PENNSYLVANIA • / SS: COUNTY OF U ✓N bc�Itc✓� � • � , 2013 before me, a Nota Public, the On this the �_ day of �' undersigned officer, personally appeared R CHARD PICKEL, 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 purposes therein contained. IN WITNESS WHEREOF, I here�nto set my hand and official seal. �� � Notary Public COMMONWEAITH OF PENNSYLVANIA Notarial Seat Adam&adley Smith,Notary Public Fairvlew Twp.,York County M Commisslon E Ires Jul 3,2018 MEMBER,PENNSVLVANU ASSOpATION OR}lOTpRIES 7 - . t IN WIT'NESS WHEREOF, I have hereunto set my hand and seal this � 5 day of �Lt 1�-- , 2013. WITNESS: � x 1u�1-f I KRAJd E, Beneficiary COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF ��!� • On this the � Sr day of �Tt�d'tB , 2013 before me, a Notary Public, the undersigned officer, personally appeared JENNIFER KRAUSE, 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. -�l'_� N ry Public COMMONWEALTN F PENNSYL4ANU1 Notarlal Seal ]anet I.Hebel,Notary PuWlc Lower Paxton Twp.,Dauphln Counry My Commlsslon 6cpires OR 19,2013 hkmber,Pennsvlvanla 0.ssalation of Natades g ESTATE OF PAUL R. PICKEL, JR. DATE OF DEATH DEATH SEPTEMBER 1, 2005 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 91112005-411912013 Assets - Schedule A $ 60,284.99 Disbursements - Schedule B $ (19,888.62) Assets Available for Distribution $ 40,396.37 Distributions to Beneficiaries - Schedule E $ 39,396.37 Balance reserved for contingencies' $ 1,000.00 �The reserve balance will increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary beneficiaries after applicable adjustments. After final distribution is made, the residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. 5/22/2013 Exhibit A ESTATE OF PAUL R. PICKEL, JR. DATE OF DEATH SEPTEMBER 1, 2005 ASSETS SCHEDULE A VALUE AT DESCRIPTION DATE OF DEATH REAL PROPERTY One-half interest in real property located at 29 North Enola Drive, Enola PA 17025 $ 60,000.00 OTHER Reimbursement for county taxes, real property at 29 North Enola Road $ 139.90 Reimbursement for school taxes; real property at 29 North Enola Road $ 142.23 Reimbursement for sewer and refuse; real property at 29 North Enola Road $ 2.86 $ 60,284,99 erz2rzois ESTATE OF PAUL R. PICKEL, JR. DISBURSEMENTS SCHEDULE B DESCRIPTION CATEGORY AMOUNT Register of Wills; probate fees Adm $ 168.50 Register of Wills; additional probate fees Adm $ 45.00 Cumberland County Legal Journal; legal advertising Adm $ 75.00 The Sentinel; legal advertising Adm $ 178 92 Jan L Brown 8�Associates; legal fee Adm $ 3,500.00 Register of Wills; Family Settlement Agreement filing fee Adm $ 20.00 Paul's Maintenance; 29 North Enola Drive Adm $ 1,225.00 Rider's Plumbing; 29 North Enola Drive Adm $ 105.00 AAA; Notary Fee Adm $ 2.00 Hetrick Construction & Home Safe; 29 North Enola Drive Adm $ 112.00 Penn Pest; 29 North Enola Drive Adm $ 715.50 Settlement costs; 29 North Enola Drive Adm $ 6,818.02 Escrow for inheritance tax withheld at settlement Tax $ 4,050.00 Register of Wills, Agent; inheritance taxes Tax $ 2,873.68 $ 19,888.62 5/2212013 ESTATE OF PAUL R. PICKEL, JR. DATE OF DEATH SEPTEMBER 1, 2005 DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED MAY 8, 1978 SCHEDULE E Paul C. Pickel, III, son, 113 residuary estate 5070 Bass Lake Drive, Apt. 2301, Harrisburg, PA 17111 Cash distribution on or after 5l4/13 $ 13,132.13 Margaret Wenrich, daughter, 1/3 residuary estate 437 Lafayette Street, Enola, PA 17025 Cash distribution on or after 5/4/13 $ 13,132.12 Richard Pickel,grandson, 1/6 residuary estate 33 Victoria Way, Camp Hill, PA 17011 Cash distribution on or after 5/4/13 $ 6,566.06 Jennifer Krause, granddaughter, 116 residuary estate 5501 Fordham Avenue, Harrisburg, PA 17111 Cash distribution on or after 5/4/13 $ 6,566.06 $ 39,396.37 $ 39,396.37 S122/2013