HomeMy WebLinkAbout01-13-14 (2) G'� "'- � �
IN THE ORPHANS' COURT DIVISION� � �� �, �
OF THE COURT OF COMMON PLEAS � :� rs� =�•
CUMBERLAND COUNTY, PENNSYLVA��v � w-� r� �
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ESTATE OF LILLIAN M. MALACHOWSHI, DE�S�D � � ��
No. 2012-00461 � �`' y,, "�'�� �
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APPROVAL OF ACCOUNT, WAIVER, RECF�'PT, o �" �
RELEASE AND AGREEMENT OF INDEMNITY
The circumstances leading up to the execution of this instrument are as follows:
1. Lillian M. Malachowski died on Apri12, 2012, leaving a Will dated January 27,
2009, naming Linda M. Walke as Executrix.
2. Letters Testamentary were granted to Linda M. Walke by the Register of Wills of
Cumberland County on April 19, 2012.
3. It is the desire of the Lillian M. Malachowski 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 Executrix is willing to make such distribution upon
the execution of this instrument.
4. An account of the administration of the Estate of Lillian M. Malachowski has been
prepared by the Executrix. A copy is attached hereto as Exhibit A.
5. In consideration of the foregoing, each of the undersigned hereby:
A. Represents and warrants that he/she has read and understands this
instrument and that the facts set forth above are true and correct to the best of his/her
knowledge, information and belief;
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B. Declares that he/she has examined the attached account of the administration
of the Estate and the attached schedule of distribution; that he/she finds them to be true and
correct in all particulars; that he/she 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/her;
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 Executrix to make distribution of the principal and income in
accordance with the schedule of distribution, and effective upon delivery to him/her of the
amounts shown as respectively distributable, acknowledges receipt of such property;
E. Agrees to refund to the Executrix any amount which may at any time be
determined to have been an erroneous distribution to him/her, 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 Executrix 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 Linda M. Walke, individually and in her capacity as Executrix, from any and all
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actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Lillian M. Malachowski Estate;
G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Linda M. Walke, individually and in her capacity as Executrix, from
and against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which she may suffer or to which she may be subjected by reason of her
administration of the Estate, the settlement of her Executrix'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/her intention that this instrument, consisting of four
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns;
I. Agrees that this agreement may be executed in counterparts.
Executed on:
� � /� �/ ,�
/��! s�°'�4�`7 ;,��� �,�� ��,/�.�--'" (Seal)
�
DATE TED R. WALKE
(Seal)
DATE TINA McNAUGHTON
(Seal)
DATE DEBRA D. (WALKE) AMOS
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actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Lillian M. Malachowski Estate;
G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Linda M. Walke, individually and in her capacity as Executrix, from
and against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which she may suffer or to which she may be subjected by reason of her
administration of the Estate, the settlement of her Executrix'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/her intention that this instrument, consisting of four
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns;
I. Agrees that this agreement may be executed in counterparts.
Ex�cute�l or:
(Seal)
DATE TED R. WALKE
1�-�� � �ZC`:� � � `�%T�Gn-- � � �� (Seal)
DATE TINA McNAUGH
(Seal)
DATE DEBRA D. (WALKE) AMOS
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actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Lillian M. Malachowski Estate;
G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Linda M. Walke, individually and in her capacity as Executrix, from
and against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which she may suffer or to which she may be subjected by reason of her
administration of the Estate, the settlement of her Executrix'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/her intention that this instrument, consisting of four
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns;
L Agrees that this agreement may be executed in counterparts.
Executed on:
(Seal)
DATE TED R. WALKE
(Seal)
DATE TINA McNAUGHTON
:� ( - <�r� - 2�i 4 ����2.�,.s�- �J.J• T�'G�^.�`� (Seal)
DATE DEBRA D. (WALKE) AMOS
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,
) � � � 1 y 'v , �'�G�I.�A (Seal)
DATE DIANA L. WA
(Seal)
DATE MEGAN C. (WALKE) GOTSCHALL
(Seal)
DATE BENJAMIN R. WALKE
(Seal)
DATE ABIGAIL J. WALKE
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(Seal)
DATE DIAN L. WAL .�
✓�,F"� � � � ��
r� 31 � ��� � ' � � q (Seal)
DA E ME C. (WALK, GOTSCHALL
(Seal)
DATE BENJAMIN R. WALKE
(Seal)
DATE ABIGAIL J. WALKE
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(Seal)
DATE DIANA L. WALKE
(Seal)
DATE MEGAN C. (WALKE) GOTSCHALL
� �� � (Seal)
D E BEN' AMIN R. WALKE
(Seal)
DATE ABIGAIL J. WALKE
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(Seal)
DATE DIANA L. WALKE
(Seal)
DATE MEGAN C. (WALKE) GOTSCHALL
(Seal)
DATE BENJAMIN R. WALKE
Ij�l�1� ,���; : � ' � ��"-� (Seal)
DATE ABI IL J. A K
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BEFORE THE REGISTER OF WILLS,
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2012-00461
FIRST AND FINAL ACCOUNT OF
Linda M.Walke, Executrix
For
ESTATE OF LILLIAN M. MALACHOWSKI, Deceased
Date of Death: April 2, 2012
Date of Executrix's Appointment: April 19, 2012
Accounting for the Period: April 19, 2012 to December 27, 2013
PURPOSE OF ACCOUNT: Linda M. Walke, Executrix, offers this Account to
acquaint interested parties with the transactions that have occurred during her 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
Pape Value Value
Proposed Distribution
to Beneficiaries 7 $ 56,966.91
PRINCIPAL
Receipts 2 $ 236,647.54
Net Gain on Sales or Other 3 18,985.73
Dispositions
Less Disbursements
Debts of Decedent 4 $ 3,664.18
Funeral Expenses 4 1,047.47
Administration Expenses 4 409.50
Federal and State Taxes 4 29,273.65
Fees and Commissions 4 3,609.99 $ 38,004.79
Principal Balance on Hand $ 217,628.48
INCOME
Receipts 5 $ 1,149.43
Income Balance on Hand 1,149.43
Balance Before Distributions $ 218,777.91
Distributions to Beneficiaries 6 161,811.00
Combined Balance on Hand $ 56,966.91
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RECEIPTS OF PRINCIPAL
Assets Listed in Inventory:
(Value as of Date of Death)
Cash and Bank Deposits:
PNC Checking Acct. #5140397321 $ 45,487.40
Cash in possession of Decedent 53.65 $ 45,541.05
Tanqible Personai Propertv:
Cumberland Valley Memorial Gardens $ 1,811.00
burial plot
Personal Property(donated to chariry) 0.00 $ 1,811.00
Stocks:
PNC Investments Acct. #004-954659 $ 187,585.06 $ 187,585.06
PPG Stock
Refunds:
Erie Insurance refund $ 29.00
SSA 1,470.50
County of Cumberland 100.00
Verizon refund 4.93 $ 1,604.43
TOTAL ASSETS LISTED IN INVENTORY: $ 236,541.54
Receipts Subsequent to Inventory
(Valued When Received)
2012 Income Tax Refund $ 106.00 $ 106.00
TOTAL RECEIPTS OF PRINCIPAL: $ 236,647.54
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GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS
PPG Stock
Net Proceeds $ 206,570.79
Fiduciary Acquisition 187,585.06
NET GAIN: $ 18,985.73
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DISBURSEMENTS OF PRINCIPAL
Debts of Decedent: Date:
Bethany Village 5/14/12 $ 1,470.50
7/10/12 610.16
Verizon 4/9/12 17.76
5/15/12 51.21
SSA 4/6/12 1,265.00
Harrisburg Pharmacy 5/8/12 4.75
Holy Spirit Hospital 5/8/12 90.44
5/8/12 19.69
Hampden Ph. Assoc. 5/8/12 27.28
PCCMA(doctor) 6/4/12 18.71
Quantum Imaging 6/4/12 13.93
3/13/13 36.26
Lower Allen EMS 6/4/12 38.49 $ 3,664.18
Funeral Expenses:
Auer Cremation (costs over prepaid amt.) 5/8/12 $ 493.27
Royers Flowers 5/8/12 110.77
Bethany Village (memoriai service) 6/4/12 443.43 $ 1,047.47
Administration Expenses:
Probate Fees $ 319.50
1/2/13 30.00
Attorney's postage, copies, mileage, etc. 50.00
Reserve for Filing of Account 10.00 $ 409.50
Federal and State Taxes:
PA Inheritance Tax 6/28/12 $ 20,000.00
1/2/13 3,196.65
US Treasury(lifetime return) 3/22/13 6,077.00 $ 29,273.65
Fees and Commissions:
Debra K. Wallet, Esq.--Attorney Fees 1/2/13 $ 1,750.00
1,750.00
H&R Block (lifetime return prep) 3/22/13 109.99 $ 3,609.99
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RECEIPTS OF INCOME
Interest:
Est. checking account interest (03/22/12-12/21/12) $ 4.32
(12/22/12-06/20/13) 3.10
(06/21/13-09/20/13) 1.49
(09/21/13-11/20/13) 0.98
PPG Stock Dividends 1,139.54
TOTAL RECEIPTS OF INCOME: $ 1,149.43
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DISTRIBUTIONS TO BENEFICIARIES
TO: Ted R. Walke
5081 Carrollton Drive
Harrisburg, PA 17112 10/10/12 $ 20,000.00
Tina McNaughton
104 Lincoln Way West
New Oxford, PA 17350 10/10/12 20,000.00
Debra D. (Walke)Amos
15314 Falcon Crest Court
Draper, UT 84020 10/10/12 20,000.00
Diana L. Walke
300 3rd Street, #907
San Francisco, CA 94107 10/10/12 20,000.00
Megan C. (Walke) Gotschall
507 Scott Drive
Harrisburg, PA 17112 10/10/12 20,000.00
Benjamin R. Walke
111 Lincoln Street
Apt. 1 A
Savannah, GA 31401 3/30/12 10,000.00
10/10/12 20,000.00
Abigail J. Walke
5081 Carrollton Drive
Harrisburg, PA 17112 3/30/12 10,000.00
10/10/12 20,000.00
Cumberland Valley Memorial
Gardens burial plot donated to charity 1,811.00
TOTAL DISTRIBUTIONS TO BENEFICIARIES: $ 161,811.00
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PROPOSED DISTRIBUTION TO BENEFICIARIES
TO: Ted R. Walke
5081 Carrollton Drive
Harrisburg, PA 17112 $ 10,995.27
Tina McNaughton
104 Lincoln Way West
New Oxford, PA 17350 10,995.27
Debra D. (Walke)Amos
15314 Falcon Crest Court
Draper, UT 84020 10,995.27
Diana L. Walke
300 3rd Street, #907
San Francisco, CA 94107 10,995.27
Megan C. (Walke) Gotschall
507 Scott Drive
Harrisburg, PA 17112 10,995.27
Benjamin R. Walke
111 Lincoln Street
Apt. 1 A
Savannah, GA 31401 995.28
Abigail J. Walke
5081 Carroilton Drive
Harrisburg, PA 17112 995.28
TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $ 56,966.91
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