HomeMy WebLinkAbout09-16-05
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-05-0218
ESTATE OF RONALD D. KUHN, DECEASED
Late of Lemoyne, P A
FAMILY SETTLEMENT AGREEMENT
MARCIA E. HECKERT, EXECUTOR
Date of Death: February 10,2005
Letters Granted: March 8, 2005
First Complete Advertisement of Grant of Letters: April 2, 2005
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John C. Oszustowic~sq.
104 South Hanover Street
Carlisle, P A 17013
(717) 243-7437
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AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Marcia E. Heckert Executrix of the Estate of Ronald
D. Kuhn Deceased, and Marcia E. Heckert.
WHEREAS, Ronald D. Kuhn died February 10, 2005, testate, a resident of Cumberland
County, Pennsylvania; and
WHEREAS, the Last Will and Testament of Ronald D. Kuhn dated November 20,2004,
was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as
appears of record at Number 21-05-0218 (a copy of the Will is attached hereto and marked
Exhibit A); and
WHEREAS, Letters Testamentary were issued to Marcia E. Heckert on March 8, 2005;
and
WHEREAS, said Executrix has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in Item 3 of his Will, decedent gave and bequeathed his furniture, computer
and car to Thomas A. Hosie; and
WHEREAS, in Item 40f his Will, decedent gave and bequeathed his grandmother's
dishes from Poland to Fern A. Gardner; and
WHEREAS, in Item 5 of his Will, decedent gave and bequeathed his Gucci watch, ruby
ring, and all other personal property (excluding money, securities and the like) to Marcia E.
Heckert; and
WHEREAS, in Item 6 of his Will, decedent gave and bequeathed all of the rest, residue
and remainder of his estate of whatsoever nature and wheresoever situate to Thomas A. Hosie.
WHEREAS, Marcia E. Heckert has been furnished with a complete listing of the estate
assets, receipts and disbursements; and
WHEREAS, it is the desire of the parties to this Agreement that final distribution of this
estate be accomplished without a formal accounting to the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense,
delay and publicity of a formal accounting.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
recited herein, the parties do agree as follows:
1. Beneficiary does hereby release and forever discharge Executrix, from any and all liability
which she had or may have or which may from time to time arise in connection with her
service as Executrix of the Estate of Ronald D. Kuhn, Deceased, and hereby authorize and
request the Orphans' Court Division to charge the same against her/its share of said estate,
and in consideration for said distribution, hereby agree to refund any amounts so distributed
which may be required to fully discharge any tax liability of the estate, debts of the decedent,
or administration expenses.
2. The parties to this Agreement acknowledge that this Agreement shall be indexed and
recorded in the estate proceedings and that the terms hereof shall be binding upon their
respective heirs, successors, executors, administrators and assigns.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
DATED this I~ Jk-. day of
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,2005.
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WITNESS
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Marcia E. Heckert, Executrix
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WITNESS
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Marcia E. Heckert, Beneficiary
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WITNESS
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Fern A. Gardner, Beneficiary
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WITNESS
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Thomas A. Hosie, Beneficiary
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LAST WILL AND TESTAMENT
OF
RONALD D. KUHN
I, RONALD D. KUHN, of Cumberland County, Pennsylvania, do make, publish and
declare this as and for my last Will and Testament, hereby expressly revoking all wills
and codicils made by me heretofore, and dispose of my estate as follows:
ITEM 1: I direct the payment of my just debts and funeral expenses, including a
suitable and proper grave marker, as soon as conveniently can be done following my
decease.
ITEM 2: I direct that all State and Federal Transfer Inheritance Tax, Estate Tax,
Succession Tax or any other tax, including any interest, assessments or penalties
thereon, that may become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament, or in any other manner,
shall be paid from my residuary estate, just as if such taxes were my debts, and no
benefiCiary shall be required to payor refund any part thereof.
ITEM 3: I give and bequeath my furniture, computer and car to THOMAS A.
HOSIE.
ITEM 4: I give and bequeath my grandmother's dishes from Poland to FERN A.
GARDNER. If FERN A. GARDNER predeceases me then I give and bequeath said
dishes to MARCIA E. HECKERT.
ITEM 5: I give and bequeath my Gucci watch, ruby ring, and all other personal
property (excluding money, securities and the like and except as provided in ITEMS 3 and
4) to MARCIA E. HECKERT.
ITEM 6: All of the rest, residue and remainder of my estate of whatsoever nature
and wheresoever situate, I give, devise and bequeath to THOMAS A. HOSIE. If
THOMAS A. HOSIE does not survive me, all the rest, residue and remainder of my
estate of whatsoever nature and wheresoever situate, I give, devise and bequeath to
MARCIA E. HECKERT. If MARCIA E. HECKERT does not survive me, then my
residuary estate shall be distributed FERN A. GARDNER.
ITEM 7: In the administration of my estate my Executor shall have the
following powers without leave of court in addition to, but not in limitation of, the powers
granted by law to the Executors of estates, which powers shall continue after the
termination of my estate until actual distribution of the assets:
A. To receive in the estate and to retain any assets, real or personal, to which I
may be entitled at the time of my death, which my Executor may deem for the best
interest of the estate without being required to convert said assets into so-called "legal
investments" .
B. To invest and reinvest in such securities as a prudent investor of intelligence
and discretion would buy for himself for investment, and not for speculation, giving due
regard to the safety of the principal and the adequacy of the income, and without being
limited to the scrcalled "legal investments" of the Commonwealth of Pennsylvania, said
investment authority to include the right to invest in any Discretionary or Legal Common
Trust Fund that may be administered and managed by a Corporate Executor or
Corporate Trustee.
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C. To sell or buy real estate without Court order at public or.private sale; to make,
execute and deliver or receive good and sufficient deeds of conveyance and give or
receive good title therefor, to reinvest the proceeds as if they had originated in personal
property; to mortgage or encumber any real estate comprising part of my estate,
borrowing the necessary funds from himself or from any other source; to improve any
property or otherwise expend principal funds for the upkeep and welfare of any
properties; to release, vacate and abandon the same; to grant and acquire licenses and
easements with respect thereto; to make improvements to or upon the same; and in
general to do all things necessary in the management of the properties as if he is the
owner thereof, including the right to let property and to make leases for any term. The
purchaser shall not be required to see to the proper application of proceeds but may pay
the same over to the Executor selling the same.
D. To make distribution hereunder in cash or of property and securities in kind at
fair market value at the time of such distribution and in such a manner as to be fair,
equitable and just to all concerned. Distributions of property and securities are not
required to be identical among the beneficiaries, and some may receive one type of
property or security while another may receive another type of property or security.
E. To exercise any election or privilege given by the federal and other tax laws,
including but not limited to, the election of the alternate valuation date for federal estate
tax purposes, the election to claim deductions for federal estate tax or for federal
income tax purposes, and the election of the method of payment of pension, profit-
sharing, HR-10, individual retirement account, and any other similar benefits. In
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addition, my Executor, in his sole discretion, may make or not make equitable
adjustment among the beneficiaries, without the consent of the beneficiaries, for the
exercise or non-exercise of any election or privileges.
ITEM 8: I nominate, constitute and appoint MARCIA E. HECKERT, to be
Executrix of this, my Last Will and Testament. If MARCIA E. HECKERT is unable or
unwilling to serve or continue to serve as Executrix, I appoint FERN A. GARDNER to be
Executrix of this, my Last Will and Testament. No Executrix shall be required to give
bond.
ITEM 9: Wherever the context requires, the masculine gender shall include the
feminine gender and neuter gender, and vice versa, and the singular shall include the
plural, and vice versa.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1.0 day of
\f\GV~~Y ,2004.
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RONALD D. KUHN
Signed, sealed, published, acknowfedged and declared by the above-named
Testator, RONAlD D. KUHN, as and for his Last WiD and Testament, in the presence of
us, who, at his request, in his presence and in the presence of each other, have hereunto
subscribed our names as witnesses thereto.
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COMMONWEALTH OF PENN5YL VANIA
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COUNTY OF CUMBERLAND
I, RONALD D. KUHN, Testator, who signed the foregoing instrument, having been
duly qualified according to law, acknowledge that I signed and executed the instrument as
my free and voluntary act for the purposes therein contained.
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Notary Public '
RONALD D. KUHN
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Marcia E. Heckert, Notal)' Public
Carlisle Boro, Cumberland County
}.fy Commission Expires .June 19, 2008
Member. Pennsylvllnia Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
We, the undersigned witnesses who signed the foregoing instrument, being duly
qualified according to law, depose and say that we were present and saw Testator sign
and execute the instrument as his Last Will and Testament; that he signed and executed
it willingly as his free and voluntary act for the purposes therein expressed; that each of
us in his sight and hearing signed the Will as witnesses; that Testator is known to each of
us; and that to the best of our knowledge and observation the I estator was at the time
eighteen (18) years of age or older, of sound mind and under no constraint or undue
influence. .'~ ~<"~; ~ ~~
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Notary Public
COMMa
:rH Of PENNSYLVANIA
Notarial Seal
Marcia E. Heckert, Notal)' Public
Carlisle BOlO, Cumberland County
~ Commission Expires June 19,2008
Member, Pennsylvania AssoclarJon of Notaries
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