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Home My WebLink About01-29-14 (3) � . IN THE COURT OF COMMQN PLEAS OF CUMBERLAND COUNTY,PENNSYLVAIVIA ORPHANS' COURT DIVISION , ESTATE OF RICHARD B. UBER,DECEASED FILE NO.2013-00910 FANIILY AGREEMENT AND FINAL RELEASE . THIS AGREEMENT by and between LINDA S. YQUNG, individua.11y and as Executrix of the Esta.te of RICHARD B. UBER,Deceased, and CAROLYN iT. SHAW,individually. WHEREAS,RICHARD B. UBER,late of Cumberland County, Pennsylvania,died testa.te on August 14,2013; having first made his Last Will and Testament dated November 12, 2012,which instrument was admitted to probate and is recorded in Cumberland County Courthouse,Register of Wills,File No. 2013-00910; ,-�� WHEREAS,LINDA S.YOUNG has been duly appointed as Exe�trix of t��st�� °� c�. � ,� Richard B. Uber,Deceased, and � -�„ � � � m � � �a► y,, r � � WHEREAS,the parties in interest are: � � � G° �' �'' � �.' � �, � '� c, ,o -�^� -*� -� l. Linda S. Young,daughter; � '� ~� � � �.' � � � � � � � 2. Carolyn U. Shaw,daughter ��, cn � � � WHEREAS,LINDA S.YOUNG and CAROLYN U. SHAW are each entitled to one- half(1/2)of the residuary property; WHER.EAS, Sara Jane Uber, surviving spouse of said decedent,was entitled to take a spousal election against the esta.te; however, Sara Jane Uber did not, in fact, elect to take the elective share(one-third of augmented esta.te)of decedent's estate,but she did partially satisfy her elective share in the form of joint assets she receivad. Exhibit B is atta.ched hereto which demonstrates the elective share calculation; 1 WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the esta.te assets,receipts and disbursements as set forth on the Sta.tement of Account as attached hereto and marked as Exhibit A; WHEREAS,the parties to this Agreement each acknowledge to have received a ro sed P Po Sched.ule of Distribution atta.ched 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 formal 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: 1. LINDA S. YOUNG,Executrix, does hereby sta,te that she has fully and faithfuily discharged the duties of her office, and the Statement of Account(E�iibit A) is true and correct = arid fu11y discloses a11 significant transactions during the accounting period. She further states tliat a11 known claims against the Esta.te have been paid in full, and to the best of her knowled e g there are no claims outstanding against the Esta.te and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executrix,LINDA S. YOUNG,her heirs, executors, administrators and assigns,JAN L. BROWN&ASSOCIATES or its successors,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 Richard B. Uber,Deceased,except for errors and omissions of JACQUELINE A.KELLY,ESQUIRE, and JAN L.BROWN& 2 ASSOCIATES or its successors, and consequences arising from the same,unless such errors and omissions were caused as a result of inaccurate or incomplete information provided to JACQUELINE A.KELLY,ESQUIRE, and JAN L.BROWN&ASSOCIATES or its successors,by LINDA S.YOUNG. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise aga.inst the esta.te from creditors or claimants which do not arise from such errors and omissions. 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 Executor that should any liability come due to the Esta.te of the said decedent after the signing of this Agreement, each will contribute pro rata his/her share of the Esta.te to satisfy any and all claims, demands, suits or causes of action which may be successfully prosecuted aga.inst the said Estate or the aforesaid Executor after the signing, sealing and delivery of this Agreement. 6. This Agreement sha11 be governed by the laws of the Commonwealth of Pennsylvania. 3 IN WITNESS WHEREOF,I have hereunto set my hand and seal this�7 da of Y � t�.c�,,r �_,2014 WITNESS: ` � �„��-. � IN A S. YOtJNG,E utrix d Beneficiary COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF DAUPHIN , �n this the �day of � 2014 before me a No Public � �`Y � the undersigned officer, personally appeared L DA S. YOUNG known to me%r satisfactorily proven to be the person whose name is subscribed to the within instru.ment,and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. tary blic NOTARIAL SEAL JAC�UELINE A KELLY Notary Public LOWER PAXTON�INP.,OAUPHIN GOUNTY My Commisston Expires Dec 17,2015 4 . . IN WITNESS WHEREOF, I have hereunto set my hand and seal this��`da.y of � ,2007. WITNESS: CARO . S ,Beneficiary COMMONWEALTH OF PENNSYLVANIA : , : SS: COUNTY OF On this the �da of 2014 bef r � Y , o e me,a Notazy Public, the undersigned officer,personally appeared CA OLYN U.SHAW 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 sea1. o ublic NOTARIqL SEAL JACQUELINE A KELLY Notary Pubiic �OWER PAXTON TWp,pAUPHiN COUNTY My Commission Expires pec 17,2015 $ ESTATE OF RICHARD B. UBER DATE OF DEATH DEATH AUGUST 14, 2013 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 8/14/2013-1/24/2014 Assets - Schedule A $ 1,280,170.08 Disbursements - Schedule C $ (121,393.32) Assets Available for Distribution $ 1,158,776.76 Distributions to Beneficiaries - Schedule C $ 1,156,776.76 Balance reserved for contingencies' $ 2,000.00 �The reserve balance will increase or decrease based on recei t of additional P assets�ncome, 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. Exhibit A _ ____ _ ESTATE OF RICHARD B. UBER DATE OF DEATH AUGUST 14,2013 ASSETS SCHEDULE A VALUE AT DESCRIPTION DATE OF DEATH REAL PROPERTY Real property a�507 Nursery Dr, Mechanicsburg, PA $ 264,90�.00 Real property a�700 Nailor Dr, Camp Hill, PA'' $ 995,000.00 CASH Sovereign Bank Ckg 0601164032 $ 11,355.34 New Cumberland FCU S$Ckg xxxxxxx577 $ 48.00 New Cumberiand FCU S1 Svgs xxxxxxx577 $ 2,180.60 New Cumbe�iand FGU S1 Svgs�00000cx300 $ 46.00 New Cumberland FCU S3 MM xxx�ocxx300 $ 3,002.16 New Cumberland FCU S4 Ckg x�ocxx�oc300 $ 1,702.58 REIMBURSEMENTS/REFUNDS Highmark;premium refund $ 258.50 Reimbursement for sewer; sale of 507 Nursery Dr $ 108.27 Reimbur5ement for school tax; sale of 507 Nursery Dr $ 1,568.63 $ 1,280,170.08 "'Value is based on tax assessed value as of the date of death multiplied by the CLR(1). Walue constitutes cost basis to be used when reporting sale of property. ESTATE QF RICHARD B. UBER DISBURSEMENTS SCHEDULE B DESCRIPTION CATEGORY AMOUNT Hetrick Cremation Services Funerai $ 283.52 Funeral flowers Funeral $ 159.00 Funeral guest book Funerai $ 23.$4 Funerai luncheon Funeral $ 1,065.30 Tf�e Sentinel; legal advertising Adm $ 178.92 Cumberland County Legal Journal; legal advertising Adm $ 75.00 Register of VNilis; probate fees Adm $ 853.50 Register of�Ils; FSA filing fee Adm $ 20.00 Sovereign Bank; date of death valuation fee Adm $ 20.00 Jan L Brown&Associates; legal fee Adm $ 9,000.00 Buick transfer title fee Adm $ 22.50 Recorder of Deeds; copy of Deed Adm $ 5.00 Settiement charges; 507 Nursery Dr, Mechanicsburg, PA Adm $ 20,145.73 NCFCU;check cleared after death Debt $ 400.00 Holy Spirit Hospital; outstanding med bill Debt $ 387.00 Sovereign Bank; home equity line of credit Debt $ 34,151.96 Register of WiNs,Agent; inheritance taxes Tax $ 54,602.05 $ 121,393.32 ESTATE OF RICHARD 6. UBER DATE OF DEATH AUGUST 14, 2013 DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED NOVEMBER 12, 2012 SCHEDULE C Linda S.Young,daughter, 1/2 residuary estate � Distribution of 1/2 reai property a�700 Nailor Dr, Camp Hill, PA* $ 497,500.00 Distribution of 1/2 Sovereign Ckg Acct 0601164032 $ 5,677.67 Distribution of 1/2 NCFCU Accts xxxxxxx577 $ 1,114.30 Cash distribution on or after 2/15/14 $ 74,096.41 Carolyn U.Shaw,daughter, 1/2 residuary estate Distribution of 1/2 real property a�i 700 Nailor Dr, Camp Hiil, PA* $ 497,500.00 Distribution of 1/2 Sovereign Ckg Acct 0601164032 $ 5,677.67 Distribution of 1/2 NCFCU Accts xxxxxxx577 $ 1,114.30 Cash distribution on or after 2/15/14 $ 74,096.41 Totai Distribution to Residuary Beneficiarles a 1,156,776.76 #'Value based on ta�c assessed value as of date of death muitiplied by the CLR(1) Value constitutes cost basis to be used when reporting sale of property. This Statement of Account was prepared by Jan L. 6rown&Associates based on inforrnation provided to Jan L. Brown&Associates. Jan L. Brown&Associates is not responsible for inaccuracies or missing information. Further, the beneficiaries agree that any i�come eamed by the decedent or his estate after his death will be reported by them on the oorrect 1041/PA-41 tax retums. The following is provided for informational purposes only: CALCULATtON QF SPOUSAL ELECTIVE SHARE �ONE-THIRD OF AUGMENTED ESTATE-PARTIALLY SAtISFIED FR�M JOINT PROPERTI�j Saca Jane Uber,spouse Joint Property-RECEIVED � 26,079.60 Cash distribution NOT taken from Estate of Richard B. Uber $ 386,948.03 Tatal Amount of Spousal Elective Share $ 413,027.63 �� s M ELECTIVE SHARE CALCULATION OF THE ESTATE OF RICHARD B. UBER DATE OF DEATH 8/14/2013 Probate Property(basis at death) Rea1 property @ 507 Nursery Dr.N.,Mechanicsburg $ 264,900.00 Rea1 property @ 700 Nailor Dr, Camp Hill $ 995,000.00 Sovereign Checking 0601164032 $ 11,355.34 New Cumberland FCU Accounts x�xxxx577 $ 2,228.60 New Curnberland FCU Accounts xxx��300 $ 4,750.74 Refunds $ 1,935.40 Total Probate Property $ 1,280,170.08 Ezpenses Funeral and related expenses $ (1,907.17) Legal Advertising $ (253.92) Attorney fee;Jan L Brown&Associates $ (9,000.00) Probate fees&misc fees $ (921.00) Settlement costs;property @ 507 Nursery Dr $ (20,145.73) Outstanding medical bills and debts $ (787.00) Sovereign Bank;HELOC $ (34,151.96) Total Ezpenses $ (67,166.78) Jointly-4wned Property(with Sara Jane Uber,spouse) TD Ameritrade,�ccount 783-005199 $ 11,522.86 Sovereign Checking 1390087336 $ 567.99 New Cumberland FCU Accounts xxxxxxx326 $ 5,988.75 2007 Buick Lucerne $ 8,000.00 Total Jointly-Owned Property $ 26,079.60 Augmented Estate Subject to Spousal Election Pursuant to 20 PA CSA§2203 $ 1,Z39,082.90 Elective Share(One-Third of Augmented Estate) Saza Jane Uber, spouse $ 413,027.63 ►ki r�- << �n ��