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Home My WebLink About08-26-15 (4) ��\) �^`� 4_� c `-�, -�' rn � � �-�'t � :,� -� �:� ;:a -r� c_ _ c� r,.� �_ _., c.-� -> �:y IN THE COURT OF COMMON PLEAS OF ' ` ; : rv ::' a� , , CUMBERLAND COUNTY, PENNSYLVANIA --� ORPHANS' COURT DIVISION -p ' - �' � � , �� -,-, H--� <:-:> ESTATE OF ROBERT A. KAYER, DECEASED , ��> _ �+-� FILE NO. 2015-00063 - '" -' `-' � � FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between KRISTINE M. AMTOWER, JAMES J. KAYER and JEFFREY A. KAYER, individually and as Co-Administrators of the Estate of ROBERT A. KAYER, Deceased. WHEREAS, ROBERT A. KAYER, late of Cumberland County, Pennsylvania, died intestate on January 9, 2015; WHEREAS, KRISTINE M. AMTOWER,JAMES J. KAYER and JEFFREY A. KAYER have been duly appointed as Co-Administrators of the Estate of Robert A. Kayer, Deceased, and WHEREAS, the parties in interest are: 1. Kristine M. Amtower, daughter; 2. James J. Kayer, son; and 3. Jeffrey A. Kayer, son WHEREAS, KRISTINE M. AMTOWER,JAMES J. KAYER and JEFFREY A. KAYER are each entitled to one-third (1/3)of the residuary property; WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; 1 � \ WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A; WHEREAS, it is the desire of the parties to this agreement that administration of this estate be completed and accomplished without a formal accounting and adjudication in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the additional expense, delay and publicity of a formal accounting. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein,the parties do agree as follows: 1. KRISTINE M. AMTOWER,JAMES J. KAYER and JEFFREY A. KAYER, Co-Administrators, do hereby state that they have fully and faithfully discharged the duties of their office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. They further state that all known claims against the Estate have been paid in full, and to the best of their knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement do hereby release and forever discharge the said Co-Administrators, KRISTINE M. AMTOWER,JAMES J. KAYER and JEFFREY A. KAYER, their heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES or its successors, attorneys at law, and JACQUELINE A. KELLY, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Co- Administrators and Attorneys of the Estate of Robert A. Kayer, Deceased, except for errors and omissions of JACQUELINE A. KELLY, ESQUIRE, and JAN L. BROWN & ASSOCIATES or its successors, and consequences arising from the same, unless such errors and omissions were caused as a result of inaccurate or incomplete information provided to JACQUELINE A. 2 KELLY, ESQUIRE, and JAN L. BROWN & ASSOCIATES or its successors, by KRISTINE M. AMTOWER,JAMES J. KAYER and JEFFREY A. KAYER. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the estate from creditors or claimants which do not arise from such errors and omissions. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 4. Each of the parties acknowledges that the terms of this Agreement shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Co- Administrators that should any liability come due to the Estate of the said decedent after the signing of this Agreement, each will contribute pro rata his/her 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-Administrators after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 3 IN WITNESS WHEREOF, I have hereunto set my hand and seal this v�`� day of �S � , 2015. WITNESS: �� ' �t7�%11.�'.�}�' �2��L'��1� KRISTINE M. AMTOWER, Co-Administrator and Beneficiary COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : � On this the a�' day of i�S�t' , 2015, before me, a Notary Public, the undersigned officer, personally appeare KRISTINE M. AMTOWER, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1 h�. otar Public NOTARIAL SEAL JAC�UELINE A KELLY Notary Pubiic LOWER PAXTON TWP., DAUPHIN COUNTY My Cammission Expires Dec 17, 2015 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this��ay of � , 2015. WITNESS: � , � JAM J. ER, o-Administrator and Bene iary COMMONWEALTH OF PENNSYLVANIA . : SS: COUNTY OF DAUPHIN : On this the ��day of �!S� , 2015, before me, a Notary Public, the undersigned officer, personally appear JAMES J. KAYER, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tary ublic NOTARIAL SEAL JAC�UELINE A KELLY Notary Pubiic LOWER PAXTON TWP., DAUPHIN COUNTY My Commission Expires Dec 17, 2015 5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this�.�,day of �l-- , 2015. WITNESS: � J A. R, Co-Administrator and Beneficiary COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF DAUPHIN : On this the �"i� day of � � , 2015, before me, a Notary Public, the undersigned officer, personally appeared J FFREY A. KAYER, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � tar ublic NOTARIAL SEAL JAC�UELINE A KELLY Notary Public LOWER PAXTON TWP., DAUPHIN COUNTY My Commission Expires Dec 17, 2015 6 ESTATE OF ROBERT A. KAYER DATE OF DEATH DEATH JANUARY 9, 2015 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 1/9/2015-8/21-2015 Assets - Schedule A $ 102,664.74 Income - Schedule B $ 6.67 Disbursements - Schedule C $ (31,319.97) Assets Available for Distribution $ 71,351.44 Distributions to Beneficiaries - Schedule D $ 69,351.44 Balance reserved for contingencies� $ 2,000.00 'The reserve balance will increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary beneficiaries after applicable adjustments. After final distribution is made, the residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. 8/17/2015 Exhibit A ESTATE OF ROBERT A. KAYER DATE OF DEATH JANUARY 9, 2015 ASSETS SCHEDULE A DESCRIPTION VALUE AT DATE OF DEATH CASH M&T Bank savings account; Account#15004229590771 $ 64,178.01 REFUNDS/OTHER NY City Employees' Retirement System; death benefit paid to estate $ 32,100.12 NY City Employees' Retirement System; final pension payment $ 633.25 Country Meadows; refund $ 3,701.19 U.S. Treasury; income tax refund $ 1,729.05 Carlisie Hospital; refund $ 313.82 PA Treasury; unclaimed property $ 9.30 $ 102,664.74 8/19/2015 ESTATE OF ROBERT A. KAYER DATE OF DEATH JANUARY 9, 2015 INCOME SCHEDULE B DESCRIPTION Interest Income M&T Bank savings account#15004229590771 $ 4.40 M&T Bank estate checking account $ 2 2� TOTAL INCOME $ 6.67 8/19/2015 ESTATE OF ROBERT A. KAYER DISBURSEMENTS SCHEDULE C DESCRIPTION CATEGORY AMOUNT Hoffman-Roth Funeral Home& Crematory, Inc. Funeral $ 501.71 Baughman Memorials; gravemarker Funeral $ 495.00 Register of Wilis; probate fees Adm $ 360.50 Cumberland Law Journal; legal advertising Adm $ 75.00 The Sentinel; legal advertising Adm $ �79 92 Jan L Brown &Associates; legal fee Adm $ 9,750.00 Ann M. Grainger; retainer fee and expense for MA properties Adm $ 3,057.00 Register of Wills; Family Settlement Agreement filing fee Adm $ 20.00 Register of Wilis; exemplified copy Adm $ 40.00 Register of Wiils; additional short certificates Adm $ 15.00 Hoffman-Roth Funeral Home; additonal death certificates Adm $ 18.00 Jan L. Brown &Associates; reimbursement for certified mailing Adm $ 6.48 Michael a. Kunisky, CPA; 2014 &2015 income tax returns Adm $ 600.00 Parks& Co.; preparation of fiduciary tax returns(ESTIMATE) Adm $ 305.00 Country Meadows at Home; outstanding medical bill Debt $ 104.50 American Express; outstanding bill Debt $ 42.44 Diamond Pharmacy; outstanding bill Debt $ 69.37 Pulmonary and Critical Care M; outstanding medical bill Debt $ 17.69 Care Plus Oxygen of Lemoyne; outstanding medical bill Debt $ 2.64 Carlisie Regional Medical Center; outstanding medical bills Debt $ 563.16 Hampden Township EMS; outstanding medical bill Debt $ 72.91 Medoptions of Pennsylvania; outstanding medical bill Debt $ 672.54 Federal withholding tax* Tax $ 5,656.00 Register of Wills, Agent; inheritance taxes Tax $ 8,695.11 $ 31,319.97 *Federal income tax was withheld from the NY City Employees' Retirement System death benefit paid to the estate. Any applicable refund will be received by the estate at the time of filing the estate fiduciary tax returns. 8/19/2015 ESTATE OF ROBERT A. KAYER DATE OF DEATH JANUARY 9, 2015 DISTRIBUTIONS TO BENEFICIARIES SCHEDULE D Kristine M.Amtower, daughter, 1/3 residuary estate 576 Spring Lane, Boiling Springs, PA 17007 Cash distribution on or after 8/31/15 $ 23,117.15 James J. Kayer,son, 1/3 residuary estate 3212 Andrea Avenue, Harrisburg, PA 17109 Cash distribution on or after 8/31/15 $ 23,117.15 Jeffrey A. Kayer,son, 1/3 residuary estate 5 Cypress Hollow Road, Enola, PA 17025 Cash distribution on or after 8/31/15 $ 23,117.14 $ 69,351.44 $ 69,351.44 8/17/2015