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Home My WebLink About07-01-15 C> rn o C-- - o. r � . r-,, .�' M �- (- , F-" M f 1 C FAMILY SETTLEMENT AND FINAL RELEASE cn - o Co IN THE <., D ESTATE OF EDNA M. ERB M �. Cf) o KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, EDNA M. ERB, late of East Pennsboro Township, Cumberland County, Pennsylvania, deceased, died on July 19, 2014, having first made her Last Will and Testament, which was duly executed on July 26, 2006, duly recorded in Cumberland County, Pennsylvania, Estate No. 21 14 0740. WHEREAS, the said EDNA M. ERB, by the aforesaid Last Will and Testament, named Keith A. Erb and Denise Ann Erb as Co-Executors of said Last Will and Testament; and WHEREAS, the said Co-Executors have gathered the assets of the estate of the said decedent and the assets consist of real and personal property for a total value of $137,646.04 as set forth in Exhibit "A", which is attached hereto and made a part hereof, and WHEREAS, the said Co-Executors have paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of$36,319.60, also as set forth in the statement of the said Co-Executors which is attached hereto and made a part hereof, and marked Exhibit "B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Co-Executors there remains a balance for distribution in the Estate of EDNA M. ERB, of$104,572.00, as set forth more particularly in Exhibit "C" of the statement of the said Co-Executors, which is attached hereto and made a part hereof. NOW THEREFORE, KNOW YE, that we, Keith A. Erb, Denise Ann Erb and Gayle M. Fishel, being all of the residuary heirs under the Last Will and Testament of the said decedent and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid Co-Executors, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to us by the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; 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 distribution, we agree that no account is necessary and we hereby agree and 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 it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County. THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said Co-Executors, their heirs, executors, administrators and assigns, of and from the said estate and. from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute 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 Co-Executors after the signing, sealing and delivery of this family settlement agreement and final release. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and his predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Co-Executors and the Estate of the Decedent. Each Beneficiary further agrees and covenants that, neither they, nor any other person, organization or other entity on their behalf will file, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Co-Executors and the Estate of the Decedent. (This space left intentionally blank.) 2 IN WITNESS WHEREOF, I have hereunto set my hand and seal this A day of June, 2015. WITNESS: 4, eith A. Erb, Co-Executor/Beneficiary COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this ('1�I day of June, 2015, before me, the undersigned officer, personally appeared Keith A. Erb, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IAOA&AL Not4 Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE M.RIDER,Notary Public Camp Hill Baro.,Cumberland County MyCommission Expires Nove�mber 19,2017 3 IN WITNESS WHEREOF, I have hereunto set my hand and seal this(Aay of June, 2015. WITNESS: 5 Denise Ann Erb, Co-Executor/Beneficiary COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this �') {Kday of June, 2015, before me, the undersigned officer, personally appeared Denise Ann Erb, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. q Notar Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE M.RIDER,Notary Public Camp Hill Boro.,Cumberland County my Commisslon Expires November 19, 017 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of June, 2015. WITNESS: i� Ga le . Fishel/Beneficiary COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Y-WW UAW On this 6q, �t'k day of June, 2015, before me, the undersigned officer, personally appeared Gayle M. Fishel, individually, and known to me (or satisfactorily proven) to be e�indiiividual whose name is subscribed to the foregoing instrument, and acknowledged that executed the same for the purposes therein contained. res 1 -w 010A+4-w"jq�;- 6:�Y'k- NotA Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE M.RIDER,Notary Public Camp Hill Boro.,Cumberland County Ni Commission Expires November 19,2017 5 FIRST AND FINAL ACCOUNT OF THE ESTATE OF EDNA M. ERB LATE OF EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVANIA DEBITS Your Accountants charge themselves with the following: Real Property Value 762 Wertzville Road, Enola, PA 17025 $120,000.00 Personal Property Santander Bank-Edna's Account Used to Pay Estate Bills $13,172.39 Santander Bank- Interest on Edna's Account $0.08 Santander Bank Certificate of Deposit No. 0925541435 $1,195.94 Comenity Capital Bank- Credit Card Refund $101.26 James&Deborah Miller-Purchase Furniture $180.00 1999 Ford Contour- Reconstructed Title $800.00 State Farm Mutual Automobile Insurance Co. -Refund $219.29 Union Fidelity Life Insurance Co. - Refund $53.10 Federal income Tax Refund $1,147.00 County Real Estate Taxes - Pro-Rated Refund $276.62 School Real Estate Taxes -Pro-Rated Refund $176.05 Sewer-Pro-Rated Refund $74.31 Pennsylvania Property Tax Rebate $250.00 TOTAL PRINCIPAL DEBITS $137,646.04 EXHIBIT A CREDITS Your Accountants ask credit for payments made from Principal Account as follows: Description Amount Sullivan Funeral Home & Cremation Services - Funeral Bill $ 8,205.00 Woodlawn Memorial Gardens - Vault installation $ 3,143.60 Woodlawn Memorial Gardens - Memorial/Monument- Deposit $ 338.20 Woodlawn Memorial Gardens - Memorial/Monument- 1 st Payment $ 253.65 Woodlawn Memorial Gardens - Memorial/Monument- Final Payment $ 2,790.15 Bon-Ton- Funeral Burial Clothing $ 24.98 Boscov's - Funeral Burial Clothing $ 49.68 The Heritage Shop - Thank You Cards $ 13.73 Law Offices of Craig A. Diehl - Attorney Fees $ 4,798.99 Law Offices of Craig A. Diehl - Consultation Fee $ 40.00 Law Offices of Craig A. Diehl - Certified Mail Expense for DPW Letters $ 6.49 Cumberland County Register of Wills - Probate Fees $ 395.50 Cumberland Law Journal - Estate Advertisement $ 75.00 The Sentinel -Estate Advertisement $ 211.78 The Patriot News - Obituary $ 280.70 Debbie Lupold, Treasurer- School Real Estate Tax $ 1,285.13 Debbie Lupold, Treasurer- County Real Estate Tax $ 424.66 Sovereign Bank- Date of Death Balance Request Fee $ 20.00 Bruner's Service Center- Repair Automobile to Sell $ 153.70 Freeman Real Estate, Inc. - Appraisal $ 375.00 Metro Bank- Service Charge $ 72.00 Tiger Trash- Dumpster to Clean Real Estate $ 1,360.00 The Home Depot- Cleaning Supplies to Clean Real Estate $ 298.63 Dunkin Donuts - Breakfast for Persons Cleaning Real Estate $ 51.78 Als of Hampden Com. - Lunch for Persons Cleaning Real Estate $ 89.76 PP&L - Electric Bills $ 392.57 Comcast- Cable Bill $ 37.46 East Pennsboro Township - Sewer/Trash Service $ 414.00 F.J. Oppel -Heating Oil for Real Estate $ 893.26 Verizon- Telephone Bill $ 43.02 State Farm Auto Insurance $ 379.38 Midstate Abstract Services - Title Services $ 20.00 PA Dept. of Revenue - Realty Transfer Tax $ 1,200.00 East Pennsboro Township - Certification Fee $ 10.00 East Pennsboro Township - Sewer Fee $ 151.80 Midstate Abstract Services - Escrow from Sale of Home $ 2,995.56 Cumberland County Register of Wills - Inheritance Tax Payment $ 5,004.44 Cumberland County Register of Wills - Family Settlement Agreement $ 20.00 TOTAL PRINCIPAL CREDITS $ 36,319.60 EXHIBIT B RECAPITULATION Principal Debits $ 137,646.04 Principal Credits $ (36,319.60) $ 101,326.44 Pennsylvania Property Tax Rebate -Not Received $ 250.00 Escrow Funds from Sale of Real Estate -Not Received $ 2,995.56 BALANCE AVAILABLE FOR DISTRIBUTION FROM $ 104,572.00 ESTATE OF EDNA M. ERB EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representatives propose distribution of the Balance for Distribution to the following heirs as described: Keith A. Erb 25% $ 26,143.00 162 Lee Ann Court Enola, PA 17025 Denise Ann Erb 25% $ 26,143.00 162 Lee Ann Court Enola, PA 17025 Gayle M. Fishel 50% in Trust $ 52,286.00 85 Cedar Hill Drive Dover, PA 17315 $ 104,572.00 EXHIBIT D T BANK ACCOUNT RECONCILIATION Bank Balance as of 5/22/15 $ 104,781.30 Items To Be Paid: Law Offices of Craig A. Diehl $ (3,298.99) Law Offices of Craig A. Diehl $ (6.49) Cumberland County Register of Wills - Filing Fee $ (20.00) Miscellaneous Expenses $ (129.38) $ 101,326.44 Items to be Received: Pennsylvania Property Tax Rebate $ 250.00 Escrow funds from Sale of Real Estate $ 2,995.56 $ 104,572.00