HomeMy WebLinkAbout12-09-13 ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Estate of Betty C. Richards,
Deceased No. 21-12-1317
FAMILY SETTLEMENT AND FINAL RELEASE
FOR
ESTATE OF BETTY C. RICHARDS,DECEASED n
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KNOW ALL MEN BY THESE PRESENT,that WHEREAS, Bg�t} n7 -m r`rt�
Richards late of Camp Hill, Cumberland County, Pennsylvania, deceased, dled'•t sstate.on o y
December 10, 2012;
WHEREAS, Letters Testamentary on the estate of the said decedent w6re duly,
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issued by the Register of Wills of Cumberland County, Pennsylvania, on December 19,
2012, naming Todd E. Richards, Executor;
WHEREAS, the Executor has gathered the assets of the estate of the decedent
and the assets consist of personal property and monies, with a total value of$231,937.50
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, paid by the estate in the amount to $29,439.49 as set forth on Exhibit
"B-1"attached hereto and distributions to the beneficiaries paid by the estate in the
amount of$160,000.00 as set forth on Exhibit`B-2"; thereby leaving a balance for
distribution of$42,498.01 from which the Executor will/has: (i) withhold $1,000.00 for
payment of final attorney's fees, (ii) withhold $10,000.00 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$31,498.01 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,
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whether for taxes or otherwise, arise or come to the attention of the Executor 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, Todd E.
Richards, Estate of Paula R. Neil, Brenda R. DeVaney, and Rodman L. Richards will
each receive one fourth (1/4) 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
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, Todd E. Richards, Joseph Neil, Executor of the
Estate of Paula R.Neil, Brenda R. DeVaney, and Rodman L. Richards, 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 Executor, 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
«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 discharge the said Executor, his 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
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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 seal on this
day of a vh 2013.
WITNESS:
Todd E. Richards
Estate of Paula R. Neil
By:
Joseph Neil, Executor
Brenda R. DeVaney
Rodman L Richards
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COMMONWEALTH OF PENNSYLVANIA
I SS.
COUNTY OF ��l 6Q)r l d•�1
On this, the Q OV)day of Wou9 4v-v , 2013, before me, a Notary Public, the
undersigned officer, personally appeared Todd E. Richards, 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.
C'Iy Public
COMMONWEALTH OF PENNSYLVANIA
Notanal Seal
Jennifer S.K.Gross,Notary Public
Camp Hill Boro,Cumberland County
My Commission ExplreS Sept.11,2016
MEMBER,PENNSYLVANIA ASSOQ UON Of NOTARIES
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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 seal on this
—C day of 7z6 ,111 2013.
WITNESS:
Todd E.Richards
Estate of Paula R.Neil
By:
Josep ell,Ex utor
Brenda R.DeVaney
Rodman L Richards
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STATE OF n/ew Yoc1�
SS.
COUNTY OF
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On this,the 2 � day of Azo ve y-,\-,e(- 2013,before me,a Notary Public,the
undersigned officer,personally appeared Joseph Neil,Executor of the Estate of Paula R.
Neil,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.
CHR18T0PHER ZAIAVARY Notary Public
terl Pubk-$Me M New Yak
N0.012A8278742
GUMMW,in New Yat Cw"
ECA,
On nieelen EXOM Mu 29.20tt t
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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 seal on this
a2 day of (V0 Ve nt b e,✓-,2013.
WITNESS:
Todd E.Richards
Estate of Paula R.Neil
By:
Joseph Neil,Executor
Brenda R. DeVaney
/ Rodman L Richards
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STATE OF Te XG S
SS.
COUNTY OF S
On this,the 21 day of Vl0VW6M ,2013,before me, a Notary Public,the
undersigned officer,personally appeared Brenda R DeVaney,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 1m'y, -hand daand official seal.
U V Iu�I
Notary Public
PARE MANLEV
NOTARY PUBLIC
STATE OF TEXAS
MY COMM.EXP.ty10113
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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 seal on this
S r'
day of hem , 2013.
WITNESS:
Todd E. Richards
Estate of Paula R. Neil
By:
Joseph Neil, Executor
Brenda R. DeVancy
Rodman L Richards
WEALTH OF PENNSYLVANIA
Notarial Seal
PIILabeth A.Kessler,Notary Public
lower Alleh T9p.,Cumberland County
My t;BMttllsslon Was June 7,2015
�`- 9 P ASSMA%ON OF TANIFS
3
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
On this,the 9 ) day of&M 2013,before me, a Notary Public, the
undersigned officer, personally appeared Rodman L. Richards,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.
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COMMONWEALTH OF PENNSYLVANIA C4
N Kessler,l Seal Not llc
Elizabeth A.Kessler,Notary Public
Lower Allen Twp.,Cumberland County
My Commission Expires June 7,2015
MEMBEP. �MbTLVAPIIAA550QATON OF NOTARIES
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RECAPITULATION
Decedent's Assets $231,937.50
Decedent's Liabilities/Probate Expenses $ 29,439.49
Distributions to Beneficiaries $160,000.00
TOTAL AFTER DEDUCTIONS $ 42,498.01
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, misc. expenses $ 10,000.00
AMOUNT FOR DISTRIBUTION $ 31,498.01
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Exhibit"A"
ASSETS
12/19/12 *Deposit Estate from Wells Fargo $ 2,000.00
12/26/12 *Deposit Estate from Wells Fargo $ 10,000.00
01/07/13 Vanguard Money Market Account $ 21,399.18
01/16/13 *Deposit Estate from Wells Fargo and
Hennessey Account $ 12,037.11
02/05/13 *Deposit Estate from Wells Fargo $ 10,000.00
02/20/13 *Deposit Estate from Wells Fargo $ 10.000.00
02/20/13 *Deposit Estate from Wells Fargo $ 6,748.58
03/21/13 Shipley Fuels Refund $ 295.55
04/12/13 *Deposit Estate from Wells Fargo $ 10,000.00
05/24/13 Proceeds from sale of Real Estate $144,753.05
06/11/13 State Farm Refund and PPL Refund $ 164.40
06/24/13 Verizon Refund $ 101.15
07/02/13 Wells Fargo Account close out $ 4,066.18
07/19/13 US Treasury— Insurance $ 74.92
Metro Estate Checking Account Interest $ 84.70
Inheritance Tax Refund $ 212.68
TOTAL $231,937.50
*Indicates funds from Wells Fargo account and close out of Principal Financial account.
*1992 Ford Escort $500.00
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Exhibit 1113-1"
LIABILITIES/EXPENSES OF THE ESTATE
FROM METRO BANK ESTATE ACCOUNT
Check# Date Payee Amount
102 1/3/13 Reager&Adler, PC $ 25.36
104 1/8/13 Reager& Adler, PC $ 5.75
1/16/13 Debit Memo (correction to account) $ 810.00
108 1/21/13 Reager& Adler, PC $ 153.43
109 2/1/13 Nancy Richards (funeral) $ 202.39
110 2/1/13 Todd Richards (funeral) $ 741.00
111 2/8/13 Brad Branch(home repairs) $ 1,264.13
112 2/8/13 Stephenson's Flower(funeral) $ 159.00
113 2/8/13 Reager & Adler, PC $ 270.90
114 2/15/13 Brad Branch (home repair) $ 1,004.00
115 2/19/13 Harrisburg Storage $ 562.00
116 2/21/13 Brad Branch (home repair) $ 1,256.62
117 2/21/13 Fran Gruber(home repair) $ 500.00
118 3/1/13 Brad Branch (home repair) $ 1,171.13
3/4/13 IRS (federal taxes) $ 1,193.00
3/5/13 Department of Revenue (state taxes) $ 2,432.00
119 3/5/13 Register of Wills, Agent
(Inheritance tax) $11,000.00
120 3/8/13 Todd Richards (tax filings) $ 92.00
121 3/8/13 Brad Branch (home repair) $ 1,108.08
122 3/15/13 Brad Branch (home repair) $ 1,290.89
123 3/15/13 Todd Richards (moving expense) $ 355.89
124 3/21/13 Harrisburg Storage (moving exp.) $ 100.00
125 3/21/13 Brad Branch (home repair) $ 731.36
126 3/21/13 Abolins Land (home repair) $ 915.00
128 4/9/13 Brad Branch (home repair) $ 401.28
129 4/19/13 Reager&Adler, PC $ 37.50
130 4/19/13 Todd Richards(travel expense) $ 183.60
131 4/25/13 East Pennsboro Township $ 138.00
132 5/10/13 Reager & Adler, PC $ 12.62
133 5/10/13 Abolins Land (home repair) $ 38.10
136 5/17/13 Impressions Media(obituary) $ 85.00
138 5/24/13 Abolins Land (home repair) $ 114.30
139 5/31/13 Brad Branch (home repair) $ 250.00
141 6/20/13 Register of Wills, Agent
(Inheritance tax) $ 67.66
142 6/25/13 Register of Wills (probate cost) $ 50.00
143 7/12/13 Reager & Adler, PC $ 730.12
TOTAL LIABILITIES/EXPENSES $29,439.49
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LIABILITIES/EXPENSES OF THE ESTATE
FROM WELLS FARGO BANK JOINT ACCOUNT
FOR INFORMATION PURPOSES ONLY
12/18/12 M. Sheely(inspection) $ 150.00
12/19/12 Register of Wills (probate cost) $ 324.00
1/7/13 Hepfer Home Center(house cost) $ 35.00
2/9/13 Giant (garbage bags) $ 19.00
2/12/13 Giant (towels and tape) $ 11.00
2/12/13 Ritters Hardware (keys) $ 4.00
2/19/13 Movers (moving expense) $ 50.00
2/19/13 Ritters Hardware (caution tape) $ 10.00
1/13-5/13 PPL (electric) $ 335.00
12/12-6/13 PAWC (water) $ 312.00
12/12-5/13 State Farm (insurance) $ 468.00
12/12-5/13 UGI/HVAC $ 162.00
12/12-6/13 UGI (gas) $ 519.00
1/13 East Pennsboro Twp. (sewer/refuse) $ 138.00
TOTAL LIABILITIES/EXPENSES FROM
WELLS FARGO BANK ACCOUNT $ 2,537.00
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Exhibit 1113-2"
DISTRIBUTIONS
Check# Date Payee Amount
101 12/28/12 Rodman Richards $ 1,250.00
103 1/4/13 Rodman Richards $ 750.00
105 1/16/13 Paula Neil $ 2,000.00
106 1/16/13 Brenda DeVaney $ 2,000.00
107 1/16/13 Todd Richards $ 2,000.00
134 5/10/13 Todd Richards $ 3,000.00
135 5/15/13 Rodman Richards $ 3,000.00
137 5/20/13 Brenda DeVaney $ 3,000.00
140 6/14/13 Estate of Paula Neil $ 3,000.00
144 7/15/13 Todd Richards $ 35,000.00
145 7/15/13 Brenda DeVaney $ 35,000.00
146 7/15/13 Rodman Richards $ 35,000.00
147 7/15/13 Estate of Paula Neil $ 35,000.00
TOTAL DISTRIBUTIONS $160,000.00
EXPENSES PAID ON BEHALF
OF RODMAN RICHARDS FROM
WELLS FARGO BANK ACCOUNT AND
HIS FINAL DISTRIBUTION IS TO BE
REDUCED BY THIS AMOUNT
12/10/12-6/1/13- Expenses of Rodman Richards $ 2,474.00
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Exhibit "C"
SCHEDULE OF DISTRIBUTION
Todd E. Richards — A partial distribution of$2,000.00 was distributed in February
2013. A partial distribution of$3,000.00 was distributed in May 2013. A partial
distribution of$35,000.00 was distributed in July 2013. The sum of$8,493.00 which is
his one-fourth share of the residual estate will be issued in the form of a check from the
Estate Checking Account.
Joseph Neil, Executor of the Estate of Paula R. Neil — A partial distribution of
$2,000.00 was distributed in February 2013. A partial distribution of$3,000.00 was
distributed in May 2013. . A partial distribution of$35,000.00 was distributed in July
2013. The sum of$8,493.00 which is his one-fourth share of the residual estate will be
issued in the form of a check from the Estate Checking Account.
Brenda R. DeVaney—A partial distribution of$2,000.00 was distributed in February
2013. A partial distribution of$3,000.00 was distributed in May 2013. A partial
distribution of$35,000.00 was distributed in July 2013. The sum of$8,493.00 which is
her one-fourth share of the residual estate will be issued in the form of a check from the
Estate Checking Account.
Rodman L. Richards—A partial distribution of$2,000.00 was distributed in February
2013. A partial distribution of$3,000.00 was distributed in May 2013. . A partial
distribution of$35,000.00 was distributed in July 2013. An additional $2,474.00 was
disbursed from the Wells Fargo Bank account from 12/2012-1/2013 to pay expenses for
Rodman Richards. The sum of$6,019.00 (which is less the $2,474.00 stated above)
which is his one-fourth share of the residual estate will be issued in the form of a check
from the Estate Checking Account.
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