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Home My WebLink About11-18-13 . � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: : ORPHANS' COURT DIVISION : ESTATE OF THELMA K. STAUB : NO. Deceased, : (Register of Wills File No. 2112-1237, Cumberland County, PA) NOTICE OF FILING INDEMNIFICATION, RECEIPT AND RELEASE (FAMILY SETTLEMENT) AGREEMENT, (TOGETHER WITH AN INFORMAL ACCOUNT) TO ALL INTERESTED PERSONS: NOTICE is hereby given that the Decedent's Estate aforementioned was informally settled via an Indemn�cation, Receipt and Release (Family Settlement) Agreement completed November 5, 2013 A copy thereof, together with an informal account and schedule of distribution, is attached herewith. All questions regarding the Estate should be directed to the undersigned Attorney for the Personal Representative. r- � � `�' �„ a�.. - w ...� c�,, r� : � �, � ,,.�, �` � David C. Smith, Esquire � � u.. � � c,� 754 Edgegrove Road � ,� � oc � � Hanover, PA 17331 Q �„�,,, r-�+ � � w (717) 630-8880 � � � � � Supreme Court I.D. #55803 � ,� c, Counsel for Personal Representative , � � � � <.3 c•,,� • i . • �` t FINAL INDEMNIFICATION, RECEIPT AND RELEASE (FAMILY SETTLEMENT) AGREEMENT (Together with an Informal Account) THIS AGREEMENT, by and between Thomas R. Staub, Executor under the Last Will and Testament of Theima K. Staub, deceased - and —Thomas R. Staub, Raymond F. Staub, Paul G. Staub, Kathryn Roat, Annette Colgan, Krista Lookenbill and Thomas Hufnagle, III, parties in interest and heirs of the deceased. WHEREAS, Thelma K. Staub, whose last family residence was at Maplewood Assisted Living, in Lower Allen Township, Cumberland County, Pennsylvania, died November 17, 2012, having left her Last Will and Testament dated January 9, 1981; and WHEREAS, Thomas R. Staub�in�a� duly appointed as Executor of the Last Will and Testament of Thelma K. Staub,�deceased, by the Register of Wills, Cumberland County, Pennsylvania, on November 29, 2012, at File No. 2112-01237; and WHEREAS, the Executor herein desires to make "at risk" distributions to the parties in interest as set forth on Schedule "A" (attached); and WHEREAS, the parties in interest desire to accept and acknowledge receipt of his or her respective "at risk� distribution without the benefit of a formal account and adjudication by the Orphans'`Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, each of the parties in interest has been informed of the probate asset(s) of the Estate, and all debts, taxes and expenses related to the administration of the probate Estate; and WHEREAS, each of the parties in interest is satisfied that the estate was properly administered by the Executor; and WHEREAS, each of the parties in interest is hereby informed that there is a remote possibility that a heretofore unknown bona-fide debt, tax assessment or other claim or expense may be presented to the Executar (within the applicable statute of limitations) for which there may not be a financial reserve held by the Executor to pay said items; and ,,�; 6g1 � � � WHEREAS, each of the parties in interest, agrees to indem nd ho�d h��hra`�ess the said Executor from paying all debts, taxes and expenses o�� i�istr�,fon�f�e Estate, and from making the aforesaid at risk distributions. � x> � t-a► ;� �, y,,, Z � v� �,r c� � � � � � � � a � � � � 1 �.`"" "" �'"� C � � � � M 't7 , � � � , 7� ° r-- , � � , �, , NOW, THEREFORE,WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, and intending to be legally bound, the parties hereby agree as follows: 1. Thomas R. Staub, Executor of the Estate of Thelma K. Staub, deceased, shall make advance "at risk" distribution(s�to each of the parties in interest, in the amount(s) shown beside their respective names on Schedule "A" herein. SEE Schedule "A" attached hereto and incorporated by reference herein. 2. Each of the parties in interest does hereby release and forever discharge the Executor from any and all liability in paying all debts, taxes and expenses of administration, and from making the advance "at risk" distribution(s) aforementioned. Likewise, each party in interest shall indemnify and hold the Executor harmless in making said distribution(s) as provided in paragraph 3., next below. 3. Each of the parties in interest agrees that in the unlikely event that the reserve held by the Executor, if any, is insufficient to pay the debts,taxes and administration expenses of the estate, or if a court of competent jurisdiction determines that another person not a party to this agreement is a proper beneficiary of the estate, each party in interest sha11 con#ribute (pro-rata) his or her share of the deficiency amount; provided, however, in no event shall any party in interest be held liable for contribution in excess of the amount(s) actually received from the Estate of Tl�elma K. Staub, deceased. 4. This Agreement shall be binding upon the parties hereto, their personal representatives, heirs, successors and assigns. 5. The "Whereas" recital clauses, stated above, are incorporated by reference herein. To the extent that said recital clauses are inconsistent herewith, the substantive paragraphs of this Agreement shall be controlling. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, irrespec#ive vf where the parties hereto may presently or hereinafter reside. 2 . , � . , ,, , IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties set their hands and seais. WITNESS: ' /�? � SEAL % � ) %Thamas R. S#aub, individualiy and as Executor under the Last Will and Testarreent of Thelma K. Staub, deceased Date: /d--��-� �j-' ��c� • (SEAL) aymond F. Staub Date: O � �.-3 - u.�l�' SEAL � . ( ) � Paui G. Staub Date: / i 26-t �� -�...__... 1- _ . � �.. �� (SEAL) �athryn Roat Date: ' � - . S- �s�� Annette Coigan Date: �0 r 3,�1;� _ . _ 3 . , . ► , � ,, . IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties set their hands and seals. _ . (SEAL) Krista Lookenbill Date: � �� _ SEAL � ) homas Hufnagle, III Date: B 3v i 3 SCHEDULE "A" "AT RISK" DISTRIBUTION Thelma K. Staub Estate (October 2013) 1. Thomas R. Staub: 1/4th Residue $ 216.53 2. Raymond F. Staub: 1/4th Residue 216.53 3. Paul G. Staub: 1/4th Residue 216.53 4. Kathryn Roat: 1/16th Residue 54.14 5. Annette Colgan: 1/16th Residue 54.13 6. Krista Lookenbill: 1/16h Residue 54.13 7. Thomas Hufnagle, III: 1/16 Residue 54.13 -------------- TOTAL ALL DISTRIBUTIONS: $ 866.12 BALANCE (RESERVE) AFTER DISTRIBUTIONS: $ 0.40 4 � . � � , ' . ' � � � INFORMAL ACCDUNT Thelma K. Staub Estate (11/17/2012 — 10/15/2013) PRINCIPAL RECEIP�S (CASH) ACNB Checking Acct. (Net) $17,252.51 Rev 1500 Refund 33.40 -------------- TOTAL RECEIPTS: $17,285.91 PRINCIPAL DISBURSEMENTS: Funeral Reception $ 1,428.90 Codori Memorials 180.00 Register of Wills— Probate 240.89 Estate Advertising Costs 275.00 Filing Fee— Rev. 1500 30.00 Filing Fee— Family Settlement Agmt. 20.00 -------------- Subtotal (Probate only) $2,174.79 Inheritance Tax * $ 10,750.00 Attorney Fees * 2,500.00 Executor Fees* 1,000.00 --------------- Subtotal (Probate and Non-Probate $14,250.00 -as directed by Item First of Will * ) -----------�---- TOTAL DIBURSEMENTS: - $ 1 C,424.79 ---------------- ---------------- BALANCE FOR DISTRIBUTION $ 866.12 TOTAL DISTRIBUTIONS � $ 866.�12 ---------------- BALANCE AFTEt� DISTRiBUTION� $ 0.00 5