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HomeMy WebLinkAbout02-13-15 IN RE: REC05i:^-" - � `!%E ��F IN THE COURT OF COMMON PLEAS p.��.^�'� � : . � : . - -`�: CUMBERLANDCO., PENNSYLVANIA ESTATE OF CHRISTA T. PREBLE, =�5 RPHANS' COURT DIVISION �r�c �rg � � �T, i . DECEASED �""�� : NO. 2014-0175 �, , , C°,.�., �.�. . . - C. ` FAMIIY SETTLEMENT AGREEMENT AND FINAL RELEASE IN ESTATE OF CHRISTA T. PREBLE. DECEASED WHEREAS, Christa T. Preble ("DecedenY'), late of Lemoyne Borough, Cumberland County, Pennsylvania, died testate on February 12, 2074; WHEREAS, Letters Testamentary on the Estate of the Decedent were duly issued by Lisa M. Grayson, the Register of Wills of Cumberland County, to the Executor, Steven H. Thumma on February 26, 2014; WHEREAS, the Executor has gathered the probate assets of the Estate of the Decedent which consist of real estate and personal property with a total liquidation value of$1,181,510.04 as set forth in the Statement of Account which is attached hereto and marked Exhibit"A"; WHEREAS, the Executor has paid the debts of the Decedent and the Estate administration expenses in the total amount of$198,358.80, as set forth in the Statement of Accounk WHEREAS, there were certain items of non-probate property, not induded on the Statement of Account, because the non-probate assets either passed to the surviving joint owner or to the specifc named benefciary. The non-probate assets include the 2004 Cadillac DHS and Fulton Bank Checking Account ending in 62914 which were co-owned by the Decedent and her son, Steven H. Thumma; the DecedenPs Oppenheimer IRA Account A87-0910948 which passed directly to the DecedenYs son, Steven H. Thumma, who was named as the sole benefciary; and the DecedenPs Allstate Annuity Contract No. 86054186, which passed directry to Marie K. Thumma, the Decedenfs daughter-in-law, who was named as the sole beneficiary; � WHEREAS, the Executor, Steven H. Thumma was entitled to a Personal Representative's Commission, calculated on five percent of the gross value of the probate assets and one percent of the non-probate assets that did not pass directly to him, for a total of $59,136.16. However, the Executor, Steven H. Thumma chose to take a lesser commission in the amount of$46,398,00; WHEREAS, pursuant to Item IV of the Decedenfs Will, her Oppenheimer Personal Investment Account No. A09-0034263 was to be distributed in two equal shares to her sons, Steven H. Thumma and Frederick M. Thumma as listed on the Statement of Distribution attached hereto and marked Exhibit "B"�, WHEREAS, pursuant to Item V of the DecedenPs Will, the residuary of the Estate is to be distributed to the DecedenPs seven grandchildren in the following percentages: Andrew E. Thumma a/k/a Andrew W. Thumma-30%; Jacob W. Thumma-20%; Lucas J. Thumma-10%; Kevin M. Thumma-10%; Jessica L. Thumma-10%o; Caitlin G. Thumma-10°/o�, Peyton V. Thumma— 10%; WHEREAS, pursuant to Items V and VI of the DecedenPs Will, if a residuary benefciary is under the age of 21, his or her share is to be held in Trust by Steven H. Thumma as the Trustee until the beneficiary attains the age of 21. At the time of the execution of this Family Settlement Agreement and Final Release, the only three beneficiaries under the age of 21 are Lucas J. Thumma, born August 23, 1994�, Caitlin G. Thumma, bom November 26, 1994�, and Peyton V. Thumma, bom February 4, 1999; WHEREAS, the amount of $5,000.00 has been reserved to pay for accountant fees and any income tax liabilities resulting from the need to prepare and file the DecedenYs 2014 Final Personal Income Tax Retums and the 2014 First and Final Fitluciary Income Tax Retums for the Estate on or before April 15, 2015. Once counsel for the Estate determines that the reserved funds are not needed, the balance remaining from the reserve will be distributed in proportionate shares to the aforementioned seven residuary beneficiaries; WHEREAS, the balance for cash distribution at this time is the amount of$96,75879 which will be distributed among the seven residuary beneficiaries in accordance with the Statement of Distribution. NOW, THEREFORE, we, Steven H. Thumma; Frederick M. Thumma; Andrew E. Thumma a/k/a Andrew W. Thumma; Jacob W. Thumma; Lucas J. Thumma; Kevin M. Thumma; Jessica L. Thumma; Caitlin G. Thumma; and Steven H. Thumma and Susan E. Thumma as the parents and natural guardians of the only minor residuary beneficiary, Peyton V. Thumma, being the only specific and residuary beneficiaries of the probate assets of the Estate of Christa T. Preble, do hereby acknowledqe that we have received the proceeds of all assets due us by virtue of the Decedenfs Last Will and Testament as set forth on the Statement of Distribution. AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal Account and Schedule of Proposed Distribution, we agree that no formal Account or Schedule of Proposed Distribution are necessary and we consent to distribution being made without the formal filing of such documents. The Family Settlement Agreement and Final Release will be with the same force and effect as if the document had been filed and confirmed by the Cumbedand County Orphans' Court Division. THEREFORE, we do hereby release, indemnify and forever discharge and hold harmless the Executor, Steven H. Thumma; and the Attorneys for the Estate, Jill M. Wineka, Esquire and the law firm of Purcell, Krug & Haller, their assigns, exewtors and administretors, from all actions, suits, payments, accounts, and claims whatsoever, touching upon the Estate of the Decedent. We also aaree that should anv liabilitv come due the Estate after the execution of this Aqreement the seven residuarv beneficiaries shall be proportionatelv responsible for satisfvinq anv and all fees taxes liabilities claims demands suits or causes of action which mav be successfullv prosecuted or assessed aaainst the Estate after the siqninq sealinq and deliverv of this Familv Settlement Aqreement and Final Release. The parties acknowledge that this Family Settlement Agreement and Final Release will be signed and notarized separately by each of the nine benefciaries. The nine original signatures will be attached to the original Family Settlement Agreement and Final Release and filed of record with the Cumberland County Register of Wills. IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS: � �-- � �� u��-, 9"7F,w n�;rn� ��� ,,u�_ Steven H. Thumm Date:� � � COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF On this, the � day of �f��)Y UQY V , 2015, before me, a Notary Public, the undersigned officer, personally appeared S even H. Thumma, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Pinal Release for the purposestherein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IV��.C���'Vfl/i7k�1—>" (SEAL) Na ry Pu ic My Commission Expires: IN WITNESS WHEREOF, I have set my hand and seal to Ihe Family Settlement Agreement and Final Release on the date as indicated below. WITNESS: �,��, �.�.;.� �.�---- Frederick M. Thumma Date: e.�'+-,.,'"-�-.'--� Z t� � 5 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF On this, the � day of �� 2015, before me, a Notary Public, the undersigned officer, personally appear d Frederick M. Thumma, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Final Release for the purposes Iherein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /, (SEAL) Notary Public My Commission Expires: COMF'CN:':eA�iH �F �F"�hSYLVANIP �ms•ai Sez� aobuc Samanmz �+� F�`�ur t�nzna CoenN Lm.�r wen r..p.: C , V1y COmRd551C,�EYprei SaC�� �O, dOV NEMiFR.WV.Sr�vq�U�`SCCd4Cn C'rv�lnP�FS IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS: �� drew E. Thumma a/da Andrew W. Thumma Date: �/G ��5 T COMMONWEALTH OF PENNSYLVANIA . � ss: COUNTYOF C,�m1� t�1I�n . On this, the � day of I ` 6'�""` y , 2015, before me, a Notary Public, the undersigned officer, personally appeared Andrew E. Thumma a/kla Andrew W. Thumma, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Final Releaseforthe purposestherein contained. IN WITNESS WHEREOF, I hereunto set my hand and offcial seal. 9' ���' ��—� (SEAL) COMMONW�LTHOFPENNSYIVANIA ` � Notary Public Notatlal5eal p�bOc kNarG S.Conklin Ill,Notary LemoyneBo���um�e�aMCoumy My Commission Expires: O� � / i f,qnml551o�E�P�res Feb.20,i011 � J zc. Zc � ME��. . . . . .� - IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS: �G(/L� '�r�Ni� k / ,��Qi�� � Jacob W. Thumma Date: (, �� � � G �� COMMONWEALTH OF PENNSYLVANIA . ss: COUNTYOF �mb�//a� t� On this, the ��� day of fz�i..�-� , 2015, before me, a Notary Public, the undersigned officer, personally ap eared Jacob W. Thumma, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Final Release for the purposestherein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -- �� ��`�T .. CtlMY�6tl1N � T OF PENNSYLVANIA (SEAL� 'ioc.neis�ai `- NotaryPublic Ritfi�"rd A�.€bnklin III,Notary Public Epfigy{�ptpp�CwnDenantl Counry y�,r�gSy� RSFeb.20�,20]) � a�EMRF^..°�«. `""�"""� My Commission Expires: 02�2v Zo/� IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS: /� ��D`1/,�° �(�f�ZG%1'rv�'n `� -�'-r A�/Q�Q�^"'`,"^'�1� Lucas J. Thumma Date�. ����/�7� COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF On this, the � day of F�� td.:� -� , 2015, before me, a Notary Public, the undersigned officer, personaliy appeared Lucas J. Thumma, known to me (or satisfadorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Final Release for the purposes therein wntained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - �_�-Z �-- (SEAL) COMMONWEPLTM OF PENNSYLVANIA NOfary PubliC Notarlalseal Ric�artl 5.Conklin III,NOWry Public Lemoyne Boro,CumOetlane Counry My Commissron EWires FeB.20,201J neneen.�e�rv��� �•�^�`��•novo�nornue= MyCommiSSionExpire5: liL� zo/LO/ -7 IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS: �-��-.�_ /�1/� ��-- Kevin M. humma Date: L�l ��� COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF On this, the � day of �2��71'ULLr'L� , 2015, before me, a Notary Public, the undersigned officer, personally appeared Kevin M. Thumma, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that he executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � (SEAL) Notary Publi My Commission Expires: �� � � � E ;�, 'JF PFNNSYLb'ANSA �o� a Ssi z a .: tJotzry Public a c e T,:o . . ana�ounry l _.� s ..� E � x S-ct. .., 20ll Hl�I?22 4iNllLY�'.�1 bSl]A710II Or tIGTAGES IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS: � �e� �, 1 l D OA � 9M/Yl�1.l� � Jessica L. Thumma Date: 02 ��D��(7 f S � COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF On this, the � day of Fed/Uar , 2015, before me, a Notary . Public, the undersigned officer, personally appea ed Jessica L Thumma, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that she executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. LOM N A H iN Y VANIA �y( � ��� (SEAL) �,r,�;Tp,�N��,y� Notary Public SouN Mnvilb TWp.,lebanon Counq My CommksM Fap'vas Dec 16.YD18 Y 4 E .PEMN YLVANI.1 ESSOCiA IOM Oi NOi� IES // / My Commission Expires: /�- � � $ IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS �Q 7 C �//�7�1<-��K CCl " . /� W�l'�' Caitlin G. Thu ma Date: t�' 'Jr—�jr COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF On this, the ��day of Ff;�rU0.�V , 2015, before me, a Notary Public, the undersigned oRicer, personally appeared aitlin G. Thumma, known to me (or satisfactorily proven) to be the person who name is subscribed to the within instrument, and acknowledged that she executed this Family Settlement Agreement and Final Release for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '�`�__(SEAL) No1�ry Pub �— . My Commission Expires: IN WITNESS WHEREOF, I have set my hand and seal to the Family Settlement Agreement and Final Release on the date as indicated below. WITNESS �—` � -- /// �� �L�� I /��fi�EN�; � l' I��YI/� � . . � Steven H. Thumma, as Parent and Natural Guardian of the minor, Peyton V. Thumma Date: � �S�� � —1�T � � ti ��(,�v� �m�rl'lC� Susan E. Thumma, as Parent and Natural Guardian of the minor, Peyton V. Thumma Date: � � S " �� COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF On this, theC�i_h day of Fe lY-UQ � V , 2015, before me, a Notary Publiq the undersigned oHicer, personally appeared teven H. Thumma and Susan E. Thumma, as Parents and Natural Guardians of the minor, Peyton V. Thumma, known to me (or satisfactorily proven) to be the persons who names are subscribed to the withln instrument, and acknowledged that they executed this Family Settlement Agreement and Final Release for the - purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offcial seal. � �'j`"�Q �� (SEAL) Nota Publi My Commission Expires: STATEMENT OFACCOUNT ASSETS: Oppenheimer Investment Account No. A09-0034263 $ 87g,168.32 Dividends paid post-death on Imestment Account No. A09-0034263 2,224.13 Real estate at 508 Indiana Avenue, Lemoyne, PA 17043 —gross sales price 295,000.00 Pro-rated credit to Estate for real estate taxes and refuse charges on Settlement Sheet 865.52 Humana — health insurance refund 46.10 Visa Account No. ending in 8409 — refund for i}ems returned post-death 356.71 Donegal —automobile insurance refund 213.00 Philadelphia American Life —refund Z�� 5� The Patriot News — refund 71.84 ADT Security—refund 23.36 2013 Federal income tax refund 2 8�Z �o 2073 State income tax refund 42.00 Donegal— house insurance refund 239.00 Allegheny Furniture Consignment, LLC —sale proceeds of DecedenPs personal property 725.00 2014 Interest earned on Members 1�` Estate Checking Account .30 2014 Interest eamed on Members 1�' Estate Savings Account 4525 TOTAL ASSETS 1 781 510 0 DEBTS: Ron Candioto —stipend for minister for graveside service $ 50.00 The Patriot News — obituary publication 240.77 EXHIBIT "A" Weis—food for post-funeral luncheon 42.85 BJ's—food for post-funeral luncheon 90.66 Glenn Mlller's Beer& Soda Warehouse —ice for post-funeral luncheon >>�96 Cumberland County Register of Wills — probate fees; JCS fees; Automation fee; g68.50 fee to file Inheritance Tax Return; Short Certificates Seller's Closing costs on HUD-1 Setllement Statement for sale of real estate — realtor's commissions; transfer taxes; notary fees; escrow agreement fee�, sewer 39,312.88 charges; 2013 real estate taxes; Seller's assist closing costs Adam Steele —upgrade of electrical service 1,192.85 PA Department of Revenue— inheritance taxes 54,963.81 Purcell, Krug & Haller—portion of attomey's fees 30,000.00 Purcell, Krug & Haller—postage from 2/20/14 to 7/18/14 33.58 The Sentinel —advertising of Estate 211.78 Cumberland Law Joumal— advertising of Estate 75.00 Steven H. Thumma— portion of personal representative's commission 40,000.00 Lowe's Home Centers, LLC — supplies to repair salon floor and bathroom Floor; p63.37 application of drylock to basement and garage Ritter's True Value Hardware —supplies to repair bathroom floor, repair bathroom fan; install bathroom fixtures�, fix basement window; deal with leak in 22� g8 garage John B. Scalera, Jc —radon remediation charges 362.50 Carpet Dri-Masters—carpet cleaning 185.50 Adam Steele— installation of electrical box 850.00 Gorsuch Plumbing — plumbing repairs 954.33 Kirby's Remodeling & Flooring Center, Inc — remote control for awning 44.5z In the Swim — diving board 350.00 AAA Visa— credit card 4,39379 Comcast—cable bill Z��.84 Carlisle Medical Group —medical services 70.39 Carlisle Medical Group— medical services 82.09 UGI —gas bill 313.68 ADT—security system bill 54.62 Penn Waste —trash bill 43.50 Lemoyne Borough —sewer bill 81.00 PA American Water—water bill »�88 PPL—electric bill 151.43 ADT— security system bill 58.4� UGI —gas bill 2�8.z� PA American Water—water bill 53.49 PPL—electric bill 164.93 Lemoyne Borough —sewer bill 66.00 UGI —gas bill z�9,83 PPL—electric bill 171.39 Comcast—cable bill 82.�4 Waggoner, Frutiger & Daub, LLP—accountanPs fees for preparation of DecedenYs 2013 Personal Income Tax Retums 625.00 PA American Water—water bill a4.z� PPL—electric bill 85.00 Lemoyne Borough —sewer bill 65.00 UGI —gas bill 79.00 Lemoyne Borough —sewer bill 65.00 Penn Waste —trash bill 43.50 UGI —gas bill 32.16 PA American Water—water bill 32.$2 PPL—eiectric bill 132.63 UGI —gas bill 50.05 PPL—electric bill �61'98 PA American Water—water bill 17.30 Goodall — pool supplies 49.60 Griswold Hospice— hospice services 87.50 Griswold Hospice —hospice services 31.50 Gran-U-Lawn —final lawn service visit 61.62 Purcell, Krug & Haller— remaining portion of attorney's fees 13,316.00 Purcell, Krug & Haller—postage from 7/19/14 to 1/15 35.45 Steven H. Thumma— remaining portion of personal representative's commission 6,398.00 Cumberland County Register of Wills—fee to file Family Settlement Agreement ZQ OQ & Final Release TOTAL DEBTS $ 198 35� STATEMENT OF DISTRIBUTION TOTAL GROSS ASSETS: $'I,181,510.04 TOTAL GROSS DEBTS: $ 198,358.80 TOTAL FOR GROSS DISTRIBUTION S 983.151 24 IN KIND DISTRIBUTIONS: Oppenheimer Investment Account A09-0034263 and Dividends accrued pre-death but paid post-death—divided Equally between DecedenYs two sons: Steven H. Thumma $440,69622 Frederick M. Thumma $440.696.23 TOTAL IN KIND DISTRIBUTIONS $881 392 45 RESERVE: Monies reserved for accountant fees and 2014 Personal and Fiduciary Income Tax liabilities $ 5 000 00 BALANCE FOR CASH DISTRIBUTION TO RESIDUARY BENEFICIARIES $ 9675879 Andrew E. Thumma a/k/a Andrew W. Thumma — 30% of residuary $ 29,027.64 Jacob W. Thumma —20°/a of residuary $ 19,35176 Lucas J. Thumma — 10% of residuary (to be held in Trust by Steven H. Thumma until age 27) $ 9,675.88 Kevin M. Thumma — 10% of residuary $ 9,675.88 Jessica L. Thumma — 10°/o of residuary $ 9,675.68 Caitlin G. Thumma — 10% of residuary (to be held in Trust by Steven H. Thumma until age 21) $ 9,675.88 Peyton V. Thumma— 10% of residuary (to be held in Trust by Steven H. Thumma until age 2�) $ 9,675.87 EXHIBIT "B"