HomeMy WebLinkAbout09-09-14 (2) ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF CUMBERLAND COU1xTY ^
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Estate of Larry E. Harvey, Sr., a) M co �? o
Deceased No. 21-13-0675 M ? " o
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FAMILY SETTLEMENT AND FINAL RELEASE .. o
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ESTATE OF LARRY E. HARVEY, SR., DECEASED'
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KNOW ALL MEN BY THESE PRESENT,that WHEREAS,Larry E. Harvey,
Sr., late of Lower Allen Township, Cumberland County, Pennsylvania, deceased, died
testate on April 7, 2013, having first made his Last Will and Testament, which was duly
executed on March 27, 2007, and is duly recorded in the Cumberland County, Register of
Wills Office at File Number 21-13-0675;
WHEREAS, the said decedent, by the aforesaid Will, named M & T Bank as
Executor of his Last Will and Testament. M & T Bank executed a Renunciation;
WHEREAS, Letters Administration C.T.A. on the estate of the said decedent
were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on June
19, 2013, naming Lonny L. Harvey, Administrator, C.T.A.;
WHEREAS, the Administrator C.T.A. has gathered the assets of the estate of the
decedent and the assets consist of personal property and monies, with a total value of
$390,615.26 as set forth in Exhibit"A", which is a statement of account of said
Administrator C.T.A., and which is attached hereto and made a part hereof, and marked
as Exhibit"A";
WHEREAS, the debts, deductions, and partial distributions, including the
payment of inheritance tax on the said estate, paid by the estate amount to $370,497.86,
as set forth on Exhibit`B" attached hereto;thereby leaving a balance for distribution of
$20,117.40 from which the Administrator, C.T.A. will/has: (i)withhold 1,500.00 for
payment of final attorney's fees, (ii) withhold $1,000.00 for payment of fiduciary taxes
and any other proper expenses or liabilities of the estate of which the Administrator shall
have received notice by that time, or which may otherwise be payable, and(iii) distribute
to the beneficiaries, in the proportion of their interests and without further accounting,the
balance then remaining of$17,617.40 available for distribution, as set forth in the
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statement of the said Administrator, which is attached hereto and labeled
"Recapitulation". Such distribution will also include any funds received by the
Administrator subsequent to the date to which the attached Account is stated. Should any
proper liabilities of the estate, whether for taxes or otherwise, arise or come to the
attention of the Administrator, C.T.A. any of the other parties thereafter, the beneficiaries
agree to be jointly and severally liable thereof,
WHEREAS, in accordance with the Will, the beneficiaries are the wife of the
deceased, Linda L. Harvey, who at the time of the deceased's death resided with him, and
the children of the deceased, Larry E. Harvey, Jr.; Lisa S. Harvey-Bolton; and Lonny L.
Harvey;
WHEREAS,the decedent bequest a sum of money not to exceed $100,000.00 to
each of his children, the said Larry E. Harvey, Jr.; Lisa S. Harvey-Bolton; and Lonny L.
Harvey, which the estate did not have sufficient assets to fulfill the complete bequest of
$100,000.00;
WHEREAS, in accordance with the Will, the real estate located at 19 Bellmore
Road, Lower Allen Township, Cumberland County, Pennsylvania (the "Residence")was
placed in Trust for the benefit of Linda L. Harvey during her lifetime as long as she does
not remarry or cohabit with a paramour. Upon Linda L. Harvey's death or failure to meet
the decedent's specific contingencies the remainder interest shall pass to the surviving
children in equal shares and the Trust shall dissolve;
WHEREAS,there was not sufficient funds in the estate to provide for the
additional $400 per week stipend to Linda L. Harvey;
WHEREAS,the parties hereto agree that the remaining balance of the estate
assets shall be distributed as set forth in the Schedule of Distribution, a copy of which is
attached hereto as Exhibit"C" and made a part hereof, including distribution of all
legacies as therein set forth. Without intending to limit the rights or remedies of the
Administrator C.T.A., the parties further agree to indemnify the Administrator C.T.A.
and save him harmless against all liability, loss, and expenses, including, but not limited
to, costs and counsel fees which he may incur, whether due to his negligence or
otherwise, as a result of making the above described distributions without a court audit;
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NOW,THEREFORE, that we, Linda L. Harvey, Larry E. Harvey, Jr.; Lisa S.
Harvey-Bolton; and Lonny L. Harvey, being all beneficiaries of the decedent, and being
those persons entitled to inherit, do hereby each of us, acknowledge that we have this day
received from the aforesaid Administrator C.T.A., in full satisfaction and payment of all
sum or sums of money, which amounts we have received this day, and which amounts
are in the amount set opposite our respective names in the table and schedule of
distribution in said statement attached hereto and marked Exhibit"C";
AND, each of us do hereby stipulate that in order to avoid the expense and time
involved in the filing of a formal account and schedule of distribution, we each agree that
no account is necessary and we do hereby agree that we do consent to distribution being
made without the filing of an account and schedule of distribution, the same to be with
the same force and effect as if they had been filed and confirmed by the Orphans' Court
Division of the Court of Common Pleas, Cumberland County, Pennsylvania.
THEREFORE, we and each of us, do hereby remise, release, quitclaim and
forever discharge the said Administrator C.T.A., his heirs and assigns, of and from the
said estate and from all actions, suits,payments, accounts, reckoning, claims, and
demands whatsoever for or by reason thereof, or for any other use, matter, cause, or thing
whatsoever,touching upon the estate of the said decedent, and each of us do further
hereby covenant and agree that should any liability come due to the estate of the said
decedent after the signing of this Agreement, we and each of us do hereby covenant and
agree with each other and the aforesaid Administrator C.T.A.,that we will contribute pro-
rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of
action which may be successfully prosecuted against the said estate or the aforesaid
Administrator C.T.A. after the signing, sealing and delivery of this Family Settlement
Agreement and Final Release.
This Family Settlement Agreement and Final Release may be executed in any
number of counterparts and each such counterpart shall be deemed to be an original, but
all such counterparts together shall constitute but one Agreement
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SIN WITNESS WHEREOF we have hereunto set our hands and seal on this
day of l
2014.
WITNESS:
ASA
Uind4 L. Harvey
Larry Yuarvey,Jr.
Lisa S. Harvey-Bolton
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nny L. ry
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COMMONWALTH OF PENNSYLVANIA
SS.
COUNTY OF
On this, the day of QSf , 2014, before me, a Notary Public,the
undersigned officer,personally appeared Linda L. Harvey, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH G=PENNSYLVANIA
NOTARIAL SEAL
MICHAEL McCORKLE,Notary Public
Hampden Rvp.,Cumberland County
My Commission Expires November 15,2015
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STATE OF
SS.
COUNTY OF
On this,the mss '-yday of Sea L `( 2014, before me, a Notary Public,
the undersigned officer,personally appeared Larry E. Harvey, Jr., 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 for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
'�
otary Public
Coulfry�Cltyot .
Cammonwea!tWSWof
I certify this t�be a complete,full,true-_�w
exam re.production of original ecu
corlifiedW of
Mary Public
MycomfnissionExpres: t.3� y�4)1
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF Q,)-d L V , a0,0
On this, the Ll day of U S4- 2014, before me, a Notary Public,
the undersigned officer, personally appeared Lisa S. Harvey-Bolton, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
9—u0j4 �&M
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
LISAA. LANG, Notary Public
Red Lion Boro,York County
My Commission ExPirss June 24,2018
COMMONWEALTH OF PENNSYLVANIA
/ : SS.
COUNTY OF
On this, the day of 544Ga 2014, before me, a Notary Public,
the undersigned officer, personally appeared Lonny L. Harvey, 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 for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
7;rwlt4-x�
Notary PoAic
COMMON T By IA
NOTARIAL SEA-
'WACHTFR,Notary Public
Susquehanna'lUcp..Dauphin County
MY Commission Expires December 11.2017
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RECAPITULATION
Decedent's Assets—Exhibit "A" $390,615.26
Decedent's Liabilities/Probate Expenses—Exhibit`B" - $370,497.86
TOTAL $ 20,117.40
Reserve held in Estate Account for payment
of remaining attorney's fees $ 1,500.00
Reserve held in Estate Account for payment
of fiduciary taxes and any misc. cost $ 1,000.00
AMOUNT FOR DISTRIBUTION $ 17,617.40
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� s
Exhibit "B"
LIABILITIES/EXPENSES
07/29/13 Musselman Funeral Home and Cremation Services $ 1,267.93
07/29/13 G.E. Capital Retail Bank—Credit Card $ 2,750.00
07/29/13 CitiCard—Credit Card $ 91.18
07/29/13 AIS Recovery Solutions—Bank of America—Credit Card $ 1,161.72
07/29/13 Citi Bank—Credit Card $ 650.00
07/29/13 Lonny Harvey—reimbursement for probate cost to the
Cumberland County Register of Wills $ 583.50
07/30/13 Citizens Bank—payoff equity loan $ 112,791.98
07/30/13 Citizens Bank—additional payoff equity loan $ 8.45
08/12/13 Lonny Harvey—Executor Fee $ 1,400.00
08/23/13 Reager& Adler, PC $ 3,899.60
09/23/13 Reager& Adler, PC $ 447.50
09/23/13 Register of Wills, Agent—inheritance tax $ 17,552.04
10/03/13 Lonny Harvey—partial distribution $ 40,000.00
10/05/13 Lisa S. Bolton—partial distribution $ 40,000.00
10/05/13 Larry E. Harvey, Jr. —partial distribution $ 40,000.00
10/28/13 Reager& Adler, PC $ 1,160.00
12/05/13 Reager&Adler, PC $ 10.00
12/28/13 Reager& Adler, PC $ 123.00
02/27/14 Reager&Adler, PC $ 60.00
03/21/14 H & R Block $ 630.00
03/21/14 PA Department of Revenue—state tax $ 15.00
04/01/14 Lonny Harvey—partial distribution $ 35,000.00
04/04/14 Larry E. Harvey, Jr. —partial distribution $ 35,000.00
04/04/14 Lisa S. Bolton—partial distribution $ 35,000.00
04/16/14 Register of Wills, Agent— inheritance tax $ 593.46
04/24/14 Reager& Adler, PC $ 240.00
06/06/14 Reager& Adler, PC $ 62.50
TOTAL LIABILITIES/EXPENSES $370,497.86
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Exhibit"C"
SCHEDULE OF DISTRIBUTION
Linda L. Harvey — Life interest in real estate Trust in accordance with Trust terms set
forth in Part IL• Dispositions paragraph C of the Will.
Larry E. Harvey,Jr.— The sum of$40,000.00 was issued in the form of a check from
the Estate Checking Account on October 3, 2013. A check in the amount of$35,000.00
was issued in the form of a check from the Estate checking Account on April 1, 2014 and
$5,872.47 will be issued for the remaining distribution of the specific bequest from the
Estate Checking Account.
Lisa S. Harvey-Bolton— The sum of$40,000.00 was issued in the form of a check
from the Estate Checking Account on October 5, 2013. A check in the amount of
$35,000.00 was issued in the form of a check from the Estate checking Account on April
4, 2014 and $5,872.47 will be issued for the remaining distribution of the specific bequest
from the Estate Checking Account.
Lonny L. Harvey— The sum of$40,000.00 was issued in the form of a check from the
Estate Checking Account on October 5, 2013. A check in the amount of$35,000.00 was
issued in the form of a check from the Estate checking Account on April 4, 2014 and
$5,872.47 will be issued for the remaining distribution of the specific bequest from the
Estate Checking Account.
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