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Home My WebLink About01-21-14 (2) IN THE ORPHANS' COURT DIVISION RECORDED OFFICE Or OF THE COURT OF COMMON PLEAS OF REGISTER OF MLLS CUMBERLAND COUNTY, PENNSYLVANIA,i;i JFN 21 GM I O$ ESTATE OF JEAN MILLER, DECEASED CLERK OF No. 2013-00389 ORPHANS- COURT APPROVAL OF ACCOUNT, WAIVER, RECEIPT,CU CO., Pd RELEASE AND AGREEMENT OF INDEMNITY The circumstances leading up to the execution of this instrument are as follows: 1. Jean Miller died on October 8, 2012. 2. Letters of Administration were granted to George W. Miller, Jr. by the Register of Wills of Cumberland County on April 5, 2013. 3. It is the desire of the Jean Miller 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 Administrator is willing to make such distribution upon the execution of this instrument. 4. An account of the administration of the Estate of Jean Miller has been prepared by the Administrator. 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; 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 -i- I 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 Administrator 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 Administrator 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 Administrator 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 George W. Miller, Jr., individually and in his capacity as Administrator, from any and all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the Jean Miller Estate; -2- G. Agrees to indemnify and hold harmless, to the extent of the funds received by him/her hereunder, George W. Miller, Jr., individually and in his capacity as Administrator, 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 Administrator'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 three 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: (7-30- ,3 Aff/ / (Seal) DATE George V. Miller, Jr. (Seal) DATE Sharon L. Ensor (Seal) DATE Richard Miller -3- G. Agrees to indemnify and hold harmless, to the extent of the funds received by him/her hereunder, George W. Miller, Jr., individually and in his capacity as Administrator, 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 Administrator'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 three 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: (Seal) DATE George W. Miller, Jr. &Jk�— (Seal) DATE Sharon L. Ensor (Seal) DATE Richard Miller -3- G. Agrees to indemnify and hold harmless, to the extent of the funds received by him/her hereunder, George W. Miller, Jr., individually and in his capacity as Administrator, 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 Administrator'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 three 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: (Seal) DATE George W. Miller, Jr. (Seal) DATE Sharon L. Ensoor,^ 'I O/ /3 / fU (Seal) DATE Richard Miller -3- BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2013-00389 FIRST AND FINAL ACCOUNT OF George W. Miller,Jr.,Administrator For ESTATE OF JEAN MILLER, Deceased Date of Death: October 8, 2012 Date of Administrator's Appointment: April 5, 2013 Accounting for the Period: April 5, 2013-September 20, 2013 PURPOSE OF ACCOUNT: George W. Miller, Jr., Administrator, 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 Paqe Value Value Proposed Distribution to Beneficiaries 5 $ 64,146.40 PRINCIPAL Receipts 2 $ 92,877.65 Net Loss on Sales or Other Dispositions Less Disbursements Debts of Decedent Funeral Expenses 3 .8,567.49 Administration Expenses 3 1,491.32 Federal and State Taxes 3 3,258.45 Fees and Commissions 3 11,500.00 $ 24,817.26 Principal Balance on Hand $ 68,060.39 INCOME Receipts Income Balance on Hand Balance Before Distributions $ 68,060.39 Distributions to Beneficiaries 4 3,913.99 Combined Balance on Hand $ 64,146.40 Page 1 RECEIPTS OF PRINCIPAL Assets Listed in Inventory: (Value as of Date of Death) Cash and Bank Deposits: Teamsters survivor annuity payment $ 486.00 $ 486.00 Tangible Personal Property: Rolling Green Cemetery plot and vault $ 3,200.00 $ 3,200.00 Real : 267 Carlisle Avenue, Enola, PA Based on proceeds from sale $ 88,087.64 $ 88,087.64 Refunds: State Farm refund $ 20.72 $ 20.72 TOTAL ASSETS LISTED IN INVENTORY: $ 91,794.36 Receipts Subsequent to Inventory (Valued When Received) Prudential Insurance $ 1,083.29 $ 1,083.29 TOTAL RECEIPTS OF PRINCIPAL: $ 92,877.65 Page 2 DISBURSEMENTS OF PRINCIPAL Funeral Expenses: John C. Sullivan Funeral Home 6/3/13 $ 4,485.00 Reimbursement to Richard Miller 6/21/13 11.82 for funeral home deposit Reimbursement to Sharon Ensor for 225.67 Pamela's Flowers bill Reimbursement to Richard Miller for 1,922.50 1/2 of funeral payment and Rolling Green bill Reimbursement to Sharon Ensor for 1,922.50 $ 8,567.49 1/2 of funeral payment and Rolling Green bill Administration Expenses: Probate Fees $ 363.50 Attorney's postage, copies, mileage, etc. 40.00 Pennsylvania American Water 5/1113 51.79 5/30/13 20.70 PP&L Electric 5/1/13 45.15 5/30/13 17.44 6/24/13 88.18 East Pennsboro Twp. (sewer) 5/8/13 138.00 State Farm Insurance (homeowner's) 5/1/13 53.41 Estate Checks 5/8/13 18.15 George Miller(reimb. For property maint.) 5/29/13 645.00 Reserve for Filing of Account 10.00 $ 1,491.32 Federal and State Taxes: PA Inheritance Tax 7/5/13 $ 3,258.45 $ 3,258.45 Fees and Commissions: Debra K. Wallet, Esq.--Attorney Fees 7/9/13 $ 1,750.00 1,750.00 George W. Miller, Jr. --Administrator Fee 8,000.00 $ 11,500.00 (includes work to prepare home for sale) Page 3 DISTRIBUTION TO BENEFICIARIES TO: Richard Miller c/o Mark Silliker, Esq. Silliker& Reinhold 5922 Linglestown Road Harrisburg, PA 17112 payment of out- $ 713.99 standing fuel oil bill Rolling Green 3,200.00 cemetery plot&vault TOTAL DISTRIBUTION TO BENEFICIARIES: $ 3,913.99 Page 4 PROPOSED DISTRIBUTION TO BENEFICIARIES TO: George W. Miller, Jr. 492 Lancaster Avenue Enola, PA 17025 $ 21,620.14 Richard Miller c/o Mark Silliker, Esq. Silliker& Reinhold 5922 Linglestown Road Harrisburg, PA 17112 20,906.13 Sharon L. Ensor c/o Charles J. Hartwell, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 21,620.13 TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $ 64,146.40 Page 5