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Home My WebLink About01-16-15 (2) In the Court of Common Pleas.of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0852 Estate of DAVID G. LEE, Deceased Late of Township of Silver Spring FAMILY SETTLEMENT-AGREEMENT Kimberly A. Horton-Underwood, Executrix Date of Death: 07/18/2013 r Date of Executrix's Appointment: 08/06/2013 Date of First Complete Advertisement: Accounting for the period: 07/18/2013 to 11/18/2014 Purpose of Account: Kimberly A.Horton-Underwood, Executrix,offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: John M. Smith Gingrich, Smith, Klingensmith & Dolan 222 S. Market Street, Suite 201 P.O. Box 267 fo Elizabethtown,PA 17022 m -0 C (717)367-1370 ' rh Supreme Court I.D. No. 19520 a �' rn ' ' es? %' C 7 CA ' ' SUMMARY OF ACCOUNT Estate of DAVID G.LEE, Deceased For the period of July 18, 2013 through,November 18- 2014 � Fiduciary Current Acquisition E!AGEfi Value Value Proposed Distributions to Beneficiaries 11 178,052.56 PRINCIPAL Receipts: This Account 3 213,859.63 Net Gain (or Loss)on Sales 0.00 or Other Dispositions 213,859.63 Less Disbursements: Debts of Decedent 4 3,360.38 Funeral Expenses 3 2,210.00 Administration Expenses 3 10,146.26 Federal, State & Local Taxes 3 6.93 Commissions 3 10,250.00 Fees 3 10,250.00 Family Exemption 0.00 36,223.57 Balance Before Distributions 177,636.06 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 0.00 Principal Balance on Hand 7 177,636.06 For Information: Investments Made Changes in Holdings (INCOME Receipts This Account 8 416.50 Net Gain (or Loss)on Sales 0.00 or Other Dispositions 416.50 Less Disbursements 0.00 Balance Before Distributions 416.50 Transfer to(from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 9 416.50 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 10 178,052.56 Signature 12 Verification 13 - 2 - SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash AmeriChoice Federal Credit Union Money Market 14,247.19 Account#33212-0018-which includes accrued interest of$12.38 Difference in the decedent's AmeriChoice account- 148.26 from date of death($14,247.19)to closing($14,395.45) HSBC Invest Certificate of Deposit Account#5ZV 15,005.00 -087316 Member's 1st Federal Credit Union Certificate of 10,139.22 Deposit Personal property-gross proceeds sold at auction, 28,724.75 includes the sale of the 2009 Nissan Prorated taxes at real estate settlement 595.21 Total Cash 68,859.63 Real Estate Real estate-located at 7032 Wertzville Road, 145,000.00 Mechanicsburg, PA 17050,gross sale price Total Real Estate 145,000.00 Total Receipts 213,859.63 Total Receipts of Principal 213,859.63 - 3 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent DCM Services for Chase Bank 02/24/2014 credit card 1,352.40 1,352.40 Milton S. Hershey Medical Center 07/18/2013 medical bills 1,882.98 1,882.98 Silver Spring Ambulance & Rescue Assoc 02/24/2014 medical bill 125.00 125.00 Total Debts of Decedent 3,360.38_ Funeral Expenses Buse Funeral Home 07/19/2013 funeral expenses 2,210.00 2,210.00 Total Funeral Expenses 2,210.00 Administration.Ex ep nses Cumberland Law Journal 10/10/2013 estate publication 75.00 75.00 - 4 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Escrow for final closing,costs 07/18/2013 100.00 100.00 John Carl Auction Service 12/21/2013 expenses for the public sale 6,409.74 6,409.74 Real estate settlement chases 01131/2014 per attached HUD-1 2,949.10 2,949.10 Reaister of Wills 12/02/2013 Short Certificates 25.00 03/03/2014 Letters Testamentary 408.50 433.50 The Sentinel 1011012013 estate publication 178.92 178.92 Total Miscellaneous Administrative Expenses 10,146.26 Fed eraii, State, and Local Taxes Pennsylvania Department of Revenue 03/0312014 inheritance tax 6.93 6.93 Total Taxes 6.93 - 5 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Commissions Kimberly Ann Horton-Underwood 07/18/2013 Executor fee 10,250.00 10,250.00 Total Commissions 10,250.00 Gingrich Smith Klingensmith & Dolan 07/18/2013 attorney fee 10,250.00 10,250.00 Total Fees 10,250.00 TOTAL DISBURSEMENTS OF PRINCIPAL 36,223.57 - 6 - PRINCIPAL BALANCE ON NAND Current Value Fiduciary 11/18/2014 Acquisition #Units Description or as Noted Value CAsb GSKD CMA 177,636.06 177,636.06 Total Cash 177,636.06 177,636.06 177,636.06 177,636.06 - 7 - SCHEDULE G RECEIPTS OF INCOME Interest/Bank HBSC 11/18/2014 interest 416.50 416.50 TOTAL BANK INTEREST . .416.50 TOTAL RECEIPTS OF INCOME 416:50 - 8 - INCOME BALANCE ON HAND Current Value Fiduciary 11/18/2014 Acquisition # Units Description or as Noted Value Carib GSKD CMA 4%50 416.50 Total Cash 416.50 416.50 416.50 4%50 - 9 - COMBINED. BALANCE ON HAND Current Value Fiduciary 11/18/2014 Acquisition # Units Description or as Noted Value r� GSKD CMA 178,052.56 178,052.56 Total Cash 178,052.56 178,052.56 178,052.56 178,052.56 - 10 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 11/18/2014 Acquisition or as noted Value TO: Mary Jane Lee-Entire Residue 178,052.56 178,052.56 Total 178,052.56 - 11 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0852 Estate of DAVID G. LEE, Deceased Signature Kimberly A. orton-Underwood, Executrix - 12 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0852 Estate of DAVID G. LEE, Deceased Verification Kimberly A. Horton-Underwood, Executrix under the Last Will and Testament of DAVID G. LEE, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/h'er office; that the foregoing 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 in full; that, to his/her knowledge,there are no claims now outstanding against the Estate; that,all'taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 12 l 3 l Kimberly A. H rton-Underwood, Executrix - 13 - APPROVAL OF ACCOUNT, RELEASE AND INDEMNIFICATION ESTATE OF DAVID G. LEE, DECEASED The undersigned is one.of the beneficiaries named in the Will of David G.Lee,deceased,and desires that the estate be distributed without the formality of a court accounting. The Executrix of the Estate is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document to provide. In consideration of the willingness of the Executrix to distribute and terminate the estate in accordance with the terms of the Will without the protection afforded her by a formal adjudication of her account, the undersigned beneficiary, individually with respect to their heirs, personal representatives, successors and assigns, does hereby: 1. Acknowledge that'I have read this Agreement and represent that the facts set forth above are true and correct to the best of my knowledge,information and belief. I further acknowledge that I am familiar with the provisions of the Will of decedent; 2. Waive the filing of a formal account of the administration of this Estate, with respect to the income and principal thereof, in any court which has jurisdiction, in particular the Orphans' Court Division of the Court of Common Pleas of Lancaster County, Pennsylvania; 3. Declare that I have examined the account and statement which is attached hereto and incorporated herein, and find them to be true and correct in all particulars; accept and approve the informal account with the same force and effect as if it had been prepared and duly filed with, audited,adjudicated and confirmed absolutely by such court which has jurisdiction over this estate, and as if the balance of principal and income had been awarded by said court in accordance with this Agreement and the account and statement; 4. Warrant that I know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as.set forth above; 5. Absolutely and irrevocably release and discharge the Executrix, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with.any mistake of fact or law, or negligent or careless act or omission by the Executrix, in connection with the administration and distribution of assets shown in the statement,without a formal court accounting and adjudication; -14- 6. With respect to any distributions of income or principal, which I have received, or will receive upon execution of this agreement,agree to indemnify and hold harmless the Executrix,her personal representatives,heirs,successors and assigns,from any liability,loss or expense(including but not limited to costs and counsel fees),arising from any cause whatsoever,which may be incurred by the Executrix as a result of the administration of this estate or distribution in accordance with this agreement 'including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes and federal and'state income taxes,together with any interest and costs incidental thereto,relating in any way to the Estate and also including,but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake.of fact or law; 7. Agree to refund to the Executrix, if and)or as may be necessary, some part of the distributive share of the Estate received by me and which was distributed to me which may at any time be determined to have been an erroneous distribution to me. However, based upon all information known and now available to the Executrix it is believed that no such request will be necessary. 8. Agree to indemnify and hold harmless, JOHN M. SMITH, ESQ., and GINGRICH, SMITH, KLINGENSMITH & DOLAN, attorneys, of and from any claims including tax claims or demand ever made against him and his law fifin by any heirs in the estate. 9. Agrees that this agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I agree to be bound hereby and have signed this agreement this '_�3rd day of-Dew_ ober _' 2014 LEE LIVING TRUST B • Kimberly Ann orton-Underwood Trustee -15- Gin rich,Smith,Klin ensmith&Dolan ATTURNEYSATLAW John M. Smith Kevin D. Dolan January 15, 2015 Jeffrey S. Shank Julie M. Cooper Angela F. Rieck Of Counsel Register of Wills Thomas G. Klingensmith Cumberland County Courthouse Henry F. Gingrich 1 Court House Square #102 (1952-2001) Carlisle, PA 17013 + RE: Estate of David G. Lee No. 21-13-0852 222 South Market Street Dear Sir or Madam: Suite 201 P. O. Box 267 Enclosed please find the original and one copy of the Family Settlement Elizabethtown, PA 17022 Agreement and final Status Report in the above matter. Kindly file the originals, Phone (717) 367-1370 time-stamp the copies and return them to me in the enclosed envelope. A check in Fax (717) 367-3219 the amount of$20.00 to cover the cost of same. + Thank you and should you have any questions, please don't hesitate to contact me. 53 North Duke Street Very truly yours, Suite 319 Lancaster, PA 17602 GNGRICI.H, SMITH, L GENSMITH & DOLAN Phone (717)393-3684 J M. Smith ♦ JMS:tjt Enclosures Web Site WWW.GSKDLAW.COM JON tt3 o" CqcNt+ r �N�o � 2,070 d N 0 u-)"` ) ,: o.�w r 6 �73JdN� '02 v ZJ .+ p N tj C> U- C) c .T G. d,, o 0y - M CO O 1 N �+ p Q 4 0 dS N A � N � N 4 O r N CL ,� 7