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HomeMy WebLinkAbout08-21-14 OIL,II , OF r 20h AUG 21 AM 11 : 44 IN THE MATTER OF THE ESTATE OF THOMAS A. WILDMAN, DECEASED ORPH N'S COUR1 CUMBERLAND CO.. PA REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0282 ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of July 2014, WITNESSETH : THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Thomas A. Wildman(the"Decedent")died intestate on January 1,2012. On March 6, 2012, the Register of Wills of Cumberland County, Pennsylvania, granted Letters of Administration to Margaret A. Gilhooly as Administratrix of the Estate of Thomas A. Wildman, deceased(the "Administratrix"). 2. Margaret A. Gilhooly, Richard A. Wildman, and Andrew T. Wildman (the Beneficiaries")desire the Administratrix to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans'Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania(the "Court"). 3. The Beneficiaries desire to forever settle and compromise any and all claims and rights which they may possess,now or hereafter,in the Estate and to confirm their acceptance of the Informal Account(the"Account")which is attached hereto as Exhibit"A" and incorporated herein by this reference. The Beneficiaries desire that the terms of the Account be in full satisfaction of their rights in the Estate. 4. The Beneficiaries wish to release the Administratrix and to indemnify her against any and all claims that may be asserted against the Estate or the Administratrix after the date hereof. 5. The Administratrix is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiaries, for themselves,their heirs, personal representatives, successors and assigns: 1. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct,to the best of their knowledge, information, and belief. 2. Acknowledge receipt of a copy of the Account. 3. Declare that they have had the opportunity to review the Account and based upon an examination(or on their decision not to make such an examination), they are satisfied they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and do hereby waive the filing and auditing of the same. 4. Accept the Account,examined or not,as if the same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5. Acknowledge that the distributive share or amount received shall be in full satisfaction of their respective entitlements under the Will,and acknowledge that they have received their respective shares. 6. Release, remise, quitclaim and forever discharge the Administratrix, her heirs,personal representatives, successors and assigns, from and against all claims that they,as residuary legatees and heirs had,now have,or may in the future have, in connection with the Estate. 7. Agree to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Administratrix,or by the Court,or by any court of competent jurisdiction to have been improperly made. 8. Agree to indemnify and hold harmless the Administratrix,her heirs,personal representatives, successors and assigns,from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Administratrix) that may hereafter be asserted against the Estate or against the Administratrix. 9. Consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF,and intending to be legally bound,the Beneficiaries have placed their hands and seals on the attached Consent to this Estate Settlement Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- SIGNATURE PAGES TO FOLLOW) CONSENT TO FAMILY SETTLEMENT AGREEMENT 1, Margaret A. Gilhooly, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Thomas A. Wildman, deceased, a copy of which Estate Settlement Agree- ment has been provided to me. Date ar aret A Gilhooly, Administratrix and Beneficiary 14 COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF CUMBERLAND On this, the 1 41" day of July 2014, before me, the undersigned officer, personally appeared Margaret A.Gilhooly,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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my han/d� and official seal. COMMONWEALTH OF ►ENNMVM Moladal Seal Amy L. Haines, Notary Public Not Public Lemoyne Ooro, Cumberland Counq My Commission Expires Oct. 22, 2017 MlMal1�IlMNlYLWNI�.LfrOL1.LTlON O!MOTMira CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Andrew T. Wildman, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Thomas A. Wildman, deceased, a copy of which Estate Settlement Agree- ment has been provided to me. - 7- Date Andrew T. Wildman Beneficiary COMMONWEALTH OF PENNSYLVANIA o ss: COUNTY OF On this,the day of 4u=2014,before me, the undersigned officer, personally appeared Andrew T. Wildman,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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Not PH OF PENNSYI� lA 11 0 don p•.xpMvta rs:fa�nox a' CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Richard A. Wildman, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Thomas A. Wildman, deceased, a copy of which Estate Settlement Agree- ment has been provided to me. t Date LRidA. Wil man Beneficiary COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the day of 1 2014, before me,the undersigned officer, personally appeared Richard A.Wildman,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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. *OPublic NOTARWLSEAL LORRIE A.SHEPPS,Notary Public Hampden Tmnehlp,Cumbertend County my Ca nwm E)om September 01,2017 IN THE MATTER OF THE ESTATE OF THOMAS A. WILDMAN, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0282 Exhibit A ASSETS 1. PNC Bank— Personal Checking Account $ 6,007.43 2. Ameritrade 205.46 3. Stock of Wildman Home Products, Inc. . 21,490.36 Total $27,703.25 TOTAL ASSETS $27,703.25 IN THE MATTER OF THE ESTATE OF THOMAS A. WILDMAN, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0282 Exhibit B TOTAL DEBTS AND COSTS PAID 1. Pecht & Associates, PC —Attorney's Fees $ 3,750.00 2. Register of Wills, Cumberland County Probate Fees $ 88.50 3. Bank of America — Credit Card $ 3,000.00 4. Cumberland Law Journal — Estate Legal Advertisement $ 75.00 5. Patriot News — Estate Legal Advertisement $ 116.45 6. Pfister and Rompalo, PC - $ 135.00 T. A. Wildman 2011 Federal and PA Income Tax Returns 7. Richard Wildman — Reimbursement $ 2,321.06 Probate Fees, Fellowship following funeral 8. Richard Wildman— Reimbursement Headstone Rolling Green Cemetery $ 1,782.00 9. Robin Gasperetti— Reimburse funeral expenses $ 1,103.00 10. West Shore — EMS $ 248.82 11. Register of Wills, Cumberland County $ 30.00 Filing Fee — Inheritance Tax Return and Inventory 12. Register of Wills, Cumberland County $ 15.00 Additional Probate Fee 13. Register of Wills, Cumberland County Filing Fee — Estate Settlement Agreement $ 20.00 14. Register of Wills, Cumberland County Filing Fee — Supplemental Inheritance Tax Return and Inventory $ 30.00 15. Register of Wills, Cumberland County Additional Probate Fees $ 45.00 16. Register of Wills, Agent Inheritance Tax $ 871.18 Total $ 13,631.01 TOTAL DEBTS $ 13,631.01 IN THE MATTER OF THE ESTATE OF THOMAS A. WILDMAN, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0282 Exhibit C Distributions to Beneficiaries 1. Margaret A. Gilhooly $ 4,690.74 2. Richard A. Wildman $4,690.75 3. Andrew T. Wildman $4,690.75 TOTAL ASSETS DISTRIBUTED $14,072.24 PECHT& ASSOCIATES, P.C. 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 Wayne M. Pecht Telephone: 717-691-9808 Member of California Bar Fax: 717-695-6550 LLM in Taxation wpecht @pechtlaw.com www.pechtlaw.com Rob Bleecher August 20, 2014 Lisa M. Grayson, Esquire Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Estate of Thomas A. Wildman, deceased File Number. 21-12-0282 Dear Lisa: Enclosed for filing with your office in the above-referenced matter are an original and two (2) copies of an Estate Settlement Agreement, together with our check in the amount of $20.00, representing the fee for filing same. We have also enclosed for filing an original and two (2) copies of the final Status Report. Please return all date-stamped copies to me in the enclosed self-addressed, stamped envelope. If you have any questions, please call me. Thank you for your anticipated cooperation. Very truly yours, PECHT & SSOCIATES, PC C�aZF-. N rii �Q Wayne M. echt °�✓' o WMP/alh p Enclosures § � \ . ICE §lEEOBOOao # \ j � . \ \ LLJ — j \ . Gt u & \ ) � a/k ) fig , 2/ � ƒ\ § / ={ - ƒ 4 \ / $ § A3jf u \i � , $ w !