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HomeMy WebLinkAbout10-06-14 4 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: ROSE HELEN HERLIHY Date of Death: 05/29/2012 File Number: 2012-01164 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . o . . . Yes No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . . . 0Yes MNo b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MYes 17No d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. CO LO Date-c_> rr2'ofPerson Fi2naI is Form/ EZ CD Capacity: Pe Representative Counsel Lj UJ CZ) tr Gary J. Imblum, Esquire Name of Person Filing this Form C-> w " © = 4615 Derry Street �` •—' C:7 Address Harrisburg, PA 17111 717-238-5250 Telephone Form RW-!0 rev. !0.!3.06 r t : FAMILY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF ROSE HELEN HERLIHY, DECEASED THIS AGREEMENT, is executed as of this "�day of 11�Q014, by and between, EILEEN R. SIMPSON, hereby designated as Executrix, hereinafter referred to as "Personal Rep es ntati.e''.of the Estate of ROSl HELEN I-IERLIIIY, hereinafter referred io as"Decedent'', and CHRISTOPHER HERLIHY,EILEEN SIMPSON, DIANE SHORT,and DAVID HERLIY,III, hereinafter referred to as "Beneficiaries".. WITNESSETH: WHEREAS, Decedent died, testate, on May 29, 2012; leaving a Last Will and Testament dated July 17, 1990, wherein Decedent named David F. Herlihy, Jr. as Executor and David F. Herlihy, III as Alternate Executor. David F. Herlihy, Jr. -pre deceased Decedent, leaving the Alternate Executor to administer the Estate. The Alternate Executor, as well as all herein named Beneficiaries, renounced their right to administer the Estate and passed along the responsibility.to Eileen R. Simpson, who was named as Executrix, upon presentation ofthe Will, which was duly probated in Cumberland County, Pennsylvania and now remains of record in the Office of the Registerof Wills Cumberland Countyas Instrument NLimber 2012-01164,and Letters Testamentary thereon were granted to Personal Representative on November 5, 2012, and WHEREAS,under the Will of Decedent and of which Will,the Beneficiaries have received a copy, CHRISTOPHER HERLIHY, EILEEN SIMPSON, DIANE SHORT, and DAVID HERLIY,III, were named as residuary beneficiaries, and WHEREAS, the Personal Representative has proceeded with the administration of the Estate, paid all the debts of the Decedent and claims against the Estate, administration expenses, taxes and now know of no other unpaid claim to be paid out of the Estate assets, and WHEREAS, the Personal Representative has prepared an Account and Schedule of Distribution in accordance with the Intention of Decedent's Will, which has been submitted to the Beneficiaries for their review, a true and correct copy whereof is intended to be attached to the - original document executed by the Beneficiaries. NOW, THEREFORE, intending to be legally bound hereby, the Personal Representative and Beneficiaries hereby agree as follows: I. SATISFACTION WITH ACCOUNT:Each party agrees or acknowledges that they have fully and carefully examined the Account of the Personal Representative and the Schedule of Distribution relating thereto and find it to be acceptable. 2. RELEASE: The Beneficiaries do hereby remise, release and quitclaim and forever discharge the said Personal Representative, and her, executors, administrators, and assigns, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, of for any other use, matter, cause or thing whatsoever relating to the Estate of the Decedent, and all duties of the Personal Representative of the Estate, except for disposition of any funds reserved in the Account or for matters specially mentioned. 3. REIMBURSEMENT OF FUTURE CLAIMS AGAINST THE ESTATE: Beneficiaries promise they will reimburse or contribute to the Personal Representative,or the Estate, as the case may be, their pro rata share of any expense incurred or payment to be made with respect to a debt of Decedent, a tax, including penalty or interest, or other claim which may hereafter be determined to be a legally valid and timely claim against the Estate, which but for the distribution of assets contemplated hereby would be payable out of the Estate assets. In the reasonable discretion of the Personal Representative, it may be determined that any such claim should be compromised and Beneficiaries agree to be bound by the exercise of such discretion. 4. PAYMENT OF SHARES: Beneficiaries hereby acknowledge that the Estate is insolvent, and that there are no proceeds available for distribution, as set forth in the Schedule of Distribution. 5. WAIVER: This instrument is a full and final Family Settlement Agreement by and between the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded and executed after a full and complete disclosure of the said Estate and the rights of the parties therein and thereto and a]I of the parties hereto,and each of them agrees to abide by the terms hereof. The parties hereto waive filing of an Account and Schedule of Distribution with any Court. 6. FUTURE COOPERATION: The parties hereto, and each of them agree,that they will,at all times in the future,and whatever necessary,appropriate or convenient make,execute and deliver to the said Personal Representative,or to any other party or persons,any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this agreement and/or to permit, assist and enable the Personal Representative to fulfill fiduciary duties with reference to the said Estate and all assets thereof. 7. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding among the parties hereto, and all acknowledge that no representations or promises of any kind have been made by anyone other than as contained herein or referenced hereto. 8. BINDING EFFECT: This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and each of them, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Family Settlement and Final Release to be effective as of the date aforesaid. WITNESS: C T Eileen R. Simpson, Individually and as Executrix Christopher Herlihy Diane Short David Herli iy, III ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVNIA SS COLNTY OF On this -L> -'-`day of 4'-'to >-- , 2014, before me, Notary Public, the undersigned officer, personally appeared EILEEN`R SIMPSON `known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing instrument to be her act and deed, and desired the same to be recorded as such. Witness my hand and official seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE BAKER,Notary Public HampienUp.,CumberlandCounty Notary Public My Commission Expires May 7,2018 ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVNIA SS COUNTY OF CL)IK C7�A- /D On this�- ?n aday of ,S� TZV 9FfZ , 2014. before me, Notary Public, the undersigned officer, personally appeared CHRISTOPHER HERLIHY, known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing instrument to be her act and deed, and desired the same to be recorded as such. Witness my hand and official seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVAMA OTARIA SIR DANIELLE MARIE KEPNER Notary Public Notary Pic LEMOYNE 90RO.,CUMUNLAND COUNTY My Commission Expires Sep 16,2017 ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVNIA SS COUNTY OF On thisday of �vl , 2014, be-fore me, Notary Public,the undersigned officer, personally ppeared_DIANESHQRT; known to me (or satisfactorily proven), to be the person whose name is subscribed to'the within instrument, and acknowledged the foregoing instrument to be her act and deed, and desired the same to be recorded as such. Witness my hand and official seal the day and-year aforesaid. Notary Public COMMONWEALTH OF PENPISYLVOJIA MOTARIAL FEAL DANIELLE MARIE KEPNER Notary PUMIC [LEMOVNE KORO.,CUMBERLAND COUNTY RY Commission Expires Sep 16,2017 ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVNIA SS COUNTY OF �G�I���I n On this day of , 2014, before me, Notary Public, the undersigned officer, personally appeared.DAVID iHERLIHY, III, known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing instrument to be her act and deed, and desired the same to be recorded as such, Witness my hand and official seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ELYSSA HENRY,Notary Public �Lm Daffy Twp.,Dauphin county Notary Wublic My Commission Expires July 1 s,2018 FIRST AND FINAL ACCOUNT OF EILEEN R. SIMPSON EXECUTRIX OF THE ESTATE OF ROSE HELEN HERLIHY, DECEASED, LATE OF MIDDLESEX TOWNSHIP CUMBERLAND COUNTY, CARLISLE, PENNSYLVANIA DATE OF DEATH: 05/29/2012 LETTERS GRANTED: 11/05/2012 ADVERTISEMENT OF GRANT OF LETTERS: Carlisle Sentinel Nov. 9, 16, and 23, 2012 Cumberland Law Journal Nov. 23, 30, Dec. 7, 2012 ACCOUNT FROM: 11/5/2012 ACCOUNT TO: 05/01 /2014 Eileen R. Simpson, Executrix, offers this Account to acquaint interested parties with the transactions that have occurred during his/her administration. It is important that the Account be carefully examined. Requests for additional information can be discussed with: Gary J. Imblum, Esquire IMBLUM LAW OFFICES, P.C. 4615 Derry Street Harrisburg; PA 17111 Telephone: 717-238-5250 Email: garv.imblum@imblumlaw.com Attorney for the Estate (Attachment to Family Settlement Agreement) 1 SUMMARY OF ACCOUNT PRINCIPAL: RECEIPTS $130,669.33 LESS DISBURSEMENTS FUNERAL EXPENSES $0.00 ADMINISTRATION COSTS $337.50 FEES AND COMMISSIONS $15,135.00 FEDERAL AND STATE TAXES $0.00 DEBTS OF DECEDENT $115,196.83 BALANCE BEFORE DISTRIBUTION $0.00 PRIOR DISTRIBUTIONS TO BENEFICIARIES $0.00 PRINCIPAL BALANCE ON HAND $0.00 INCOME: RECEIPTS $0.00 LESS DISBURSEMENTS $0.00 BALANCE BEFORE DISTRIBUTIONS $0.00 PRIOR DISTRIBUTIONS TO BENEFICIARIES $0.00 INCOME BALANCE ON HAND $0.00 COMBINED BALANCE ON HAND $0.00 - 2 PRINCIPAL RECEIPTS DESCRIPTION AMOUNT TOTAL CASH AND ACCOUNTS: None SUBTOTAL $0.00 TANGIBLE PERSONAL PROPERTY: None ' SUBTOTAL STOCKS AND SECURITIES: None SUBTOTAL $0.00 $0.00 REALTY: Sale of Residence $130,669.33 SUBTOTAL TOTAL PRINCIPAL RECEIPTS $130,669.33 PRINCIPAL DISBURSEMENTS DATE DESCRIPTION SUBTOTAL AMOUNT FUNERAL EXPENSES: Not paid by estate SUBTOTAL REAL ESTATE SETTLEMENT: 12/19/2012 Real Estate Settlement Costs (see attached) $130,669.33 All disbursements for estate made from Real Estate Settlement SUB TOTAL. $0.00 $0.00 FEES AND COMMISSIONS: administrator's fees (none taken) $0.00 attorneys fees ($6,946.00 paid from real estate settlement) $0.00 advanced administration costs ($337.50 paid $0.00 from real estate settlement) SUBTOTAL $0.00 DEBTS OF DECEDENT: Mortgage ($30,362.11 paid from real estate settlement) $0.00 4 Department of Public Welfare ($74,964.40, of $345,188.44 claim against estate, paid $0.00 from real estate settlement) Reimbursement made to Executrix for taxes, $0.00 utilities, and mortgage payments paid by Executrix prior to sale of real estate. ($2,251.36 paid from real estate settlement) Electrical repair required prior to sale $0.00 ($1,350.00 paid from real estate settlement) Real Estate Taxes and Utilities due at $0.00 settlement ($922.96 paid from real estate settlement) SUBTOTAL $130,669.33 5 — FEDERAL AND STATE TAXES: Pa Inheritance tax $0.00 Refund $0.00 SUBTOTAL $0.00 PRIOR DISTRIBUTIONS TO BENEFICIARIES No Distributions SUBTOTAL $0.00 TOTAL PRINCIPAL DISBURSEMENTS PRINCIPAL SUMMARY TOTAL PRINCIPAL RECEIPTS $130,669.33 TOTAL PRINCIPAL DISBURSEMENTS $130,669.33 PRINCIPAL ON HAND FOR DISTRIBUTION $0.00 6 — INCOME RECEIPTS DATE DESCRIPTION AMOUNT None ' $0.00 TOTAL INCOME RECEIPTS INCOME DISBURSEMENTS DATE DESCRIPTION AMOUNT NONE TOTAL INCOME DISBURSEMENTS $0.00 INCOME SUMMARY TOTAL INCOME $0.00 TOTAL INCOME DISBURSEMENTS $0.00 INCOME ON HAND FOR DISTRIBUTION $0.00 RECAPITULATION PRINCIPAL ON HAND FOR DISTRIBUTION $0.00 INCOME ON HAND FOR DISTRIBUTION $0.00 TOTAL FUNDS AVAILABLE FOR DISTRIBUTION $0.00 7 - PROPOSED DISTRIBUTION TO BENEFICIARIES ESTATE INSOLVENT- NO PROCEEDS AVAILABLE FOR DISTRIBUTION TO: NET ESTATE REMAINING PLUS PRIOR DISTRIBUTION NET ESTATE SUBJECT TO DISTRIBUTION SHARE OF ESTATE SUBTOTAL LESS PRIOR DISTRIBUTIONS NET REMAINING DISTRIBUTION T0: NET ESTATE REMAINING PLUS PRIOR DISTRIBUTION NET ESTATE SUBJECT TO DISTRIBUTION PERCENTAGE SHARE OF ESTATE SUBTOTAL LESS PRIOR DISTRIBUTIONS NET REMAINING DISTRIBUTION 8 - TO: NET ESTATE REMAINING PLUS PRIOR DISTRIBUTION NET ESTATE SUBJECT TO DISTRIBUTION PERCENTAGE SHARE OF ESTATE SUBTOTAL LESS PRIOR DISTRIBUTIONS NET REMAINING DISTRIBUTION TO: NET ESTATE REMAINING PLUS PRIOR DISTRIBUTION NET ESTATE SUBJECT TO DISTRIBUTION PERCENTAGE SHARE OF ESTATE SUBTOTAL LESS PRIOR DISTRIBUTIONS NET REMAINING DISTRIBUTION Eileen R,,Simpson of,the Estate of Rose H. Herlihy, deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is.true and correct and fully discloses all significant transactions occurring during the accounting period;that all known claims against the estate have been paid; that, to his knowledge, there are no claims outstanding against the estate; and that all taxes presently due from the estate have been paid. — 9 —