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HomeMy WebLinkAbout10-30-06 ."- .. IN THE MATTER OF THE ESTATE OF GERALDINE V. SOHMER, deceased ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION STATE NO. 21-05-0571 IN RE: OBJECTIONS OF PAUL E. SOHMER TO ACCO~TING OF NANCY R. CARBERRY OF PERSONAL REPRESEN'f~IVE OF THE ABOVE ESTATE :':Cj fs --l (...) <::) JOINT MOTION TO V ACA TE APPOINTMENT OF AUDI~R ;l2 AND APPROVE SETTLEMENT OF ESTATE CLAIMS c.) c} W AND NOW come Nancy R. Carberry and Paul E. Sohmer, co-executrix and co-executor of the above estate, and jointly move the Court to vacate the appointment of the auditor in this matter and approve the settlement of all claims, based upon the following: 1. Nancy R. Carberry and Paul E. Sohmer were previously appointed by this Court as the personal representatives of the above estate. 2. In March of2006 Nancy Carberry filed an accounting as the personal representative of the estate. On 12 April 2006, Paul E. Sohmer filed objections to the accounting of Nancy R. Carberry. 3. On 25 April 2006 this Court appointed Stephen D. Tiley, Esquire, Auditor to review and help resolve the objections filed to the accounting and the final resolution of the claims in this estate. 4. Since that time Paul E. Sohmer and Nancy R.Carberry have been able to negotiate a resolution of all of the claims and disputes between them, including those raised in Mr. .y... '" , , Sohmer's objections to Ms. Carberry's accounting, and have concluded an agreement which is memorialized by a "Mutual General Release of All Claims" (a copy of which is attached hereto and marked as Exhibit A). 5. Nancy R. Carberry and Paul E. Sohmer are the sole heirs of the estate. 6. All debts and obligations of the decedent and all taxes owed as a result of the death of the decedent have been paid. With a resolution of the disputes between Ms. Carberry and Mr. Sohmer, there are no further claims or disputes to be resolved. WHEREFORE, Nancy R. Carberry and Paul E. Sohmer, by their counsel, jointly move this Court to vacate the appointment of Stephen D. Tiley, Esquire, as auditor in this matter and to approve the terms and provisions of the settlement between the parties as set forth in the "Mutual General Release of All Claims", approve and confirm the accounting of Nancy R. Carberry as modified by the Mutual General Release of All Claims between the parties, and conclude the administration of this estate. ~cl Davi n Attorney for Nancy R. Carberry ~~~ Samue L. Andes Attorney for Paul E. Sohmer ."", '.' .. . f' IN THE MATTER OF THE ESTATE OF GERALDINE V. SOHMER, deceased ) ) ) ) ) ) ORPHAN'S COURT DIVISION STATE NO. 21-05-0571 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOINDER The undersigned, Stephen D. Tiley, having been appointed by this Court by order of April 25, 2006, to serve as auditor of the above estate, acknowledges that he has received and reviewed a copy of the attached motion to vacate his appointment and the Mutual General Release of All Claims, and consents to the vacation of his appointment so the administration of the estate can be completed and the account, as modified by the Mutual General Release of All Claims, be confirmed. He has not incurred any fees in this matter and does not request an award of any fees from the Court or the estate. ~ft S;;;'hen ~ ::A '7 A? Attorney-at-Law /;/..2.J?4?, ~'1f' MUTUAL GENERAL RELEASE OF ALL CLAIMS THIS RELEASE executed this 21!. day of ~il9-~ be....-- , 2006, by and between PAUL E. SOHMER, individually, in his own right, and as Co-Personal Representative of the Estate of Geraldine V. Sohmer, deceased, Party of the First Part, hereinafter referred to as "SOHMER", -AND- NANCY R. CARBERRY, individually, in her own right, and as Co-Personal Representative of the Estate of Geraldine V. Sohmer, deceased, Party of the Second Part, hereinafter referred to as "CARBERRY". R E C I TAL S: SOHMER and CARBERRY are children, legatees, and Co-Personal Representatives of the Estate of Geraldine V. Sohmer, deceased, late of Cumberland County, Pennsylvania, (Estate No. 21-2005-0571). CARBERRY has filed a First and Final Accounting in the Orphans Court Division of the aforesaid Court of Common Pleas of Cumberland County, and SOHMER has filed objections thereto. The Honorable J. Wesley Oler, Jr., has appointed Stephen D. Tiley, Esquire, as auditor to hear the objections. The parties have reached an accord with regard to the distribution of the estate of the deceased as further detailed herein, a condition of which is the granting of a Mutual General Release, each to the other, as well as all other persons, parties or entities. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, the parties do agree as follows: 1. Nancy Carberry is willing to consent to the distribution in paragraph 7 upon receipt of a properly executed Mutual General Release, which is the purpose of this document to provide. In consideration of the willingness of Nancy Carberry to make distribution at the present time, without resolving the objections raised by Paul E. Sohmer, and without the formality of a Decree of Court and/or an award of distribution, and agreeing to be legally bound hereby, SOHMER and CARBERRY: 1. Waive the filing of any further accounting of the administration of this estate in any Court; 2. Declare that the undersigned has examined the accounts and statements or schedule of distribution with counsel, finds it to be true and correct in all particulars; accepts and approves it with the same force and effect as if it had been prepared and filed with, audited, adjudicated and confirmed absolutely by a court of competent jurisdiction; and as if the balance of principal and income had been awarded by the Court in accordance with the statement or schedule of distribution; 3. Warrant that the beneficiaries named in the informal account and statement or schedule of distribution are the sole parties in interest in the estate and entitled to receive the entire distribution thereof in accordance with the informal account and statement or schedule of distribution; 4. Warrant that the undersigned knows of no outstanding and unsatisfied claims against the estate and approves the distribution of the balance of principal and income shown in the informal account and statement or schedule of distribution to the persons set forth therein; 5. Absolutely and irrevocably release and discharge the Personal Representative, and his and/or her or its heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to the administration of the estate and distribution in accordance with the informal account and statement or schedule of distribution and without a court accounting and adjudication; 6. Agree to withdraw the objections previously filed to the Accounting; 7. That Nancy Carberry shall immediately transfer ownership to Paul E. Sohmer of a Treasury Note in the amount of $40,000.00 and Vanguard Mutual Funds of $153,586.68, and cash in the amount of $168,397.34, for a total distribution of $361,984.02. NOW, THEREFORE, each ofthe undersigned, does by the presents, release, remise, quitclaim and forever discharge the other party, their heirs, successors and assigns of and from any and all liability and of and from any and all actions, suits, payments, accounts, reckonings, claims, or demands whatsoever for or by reason of the death, the estate, or the assets of Geraldine V. Sohmer, deceased, their actions in administering the estate or handling the assets of the said Geraldine V. Sohmer, as well as any and all other claims, matters, or things raised, discussed, or described among or between the parties with regard to the said estate, specifically an Accounting prepared by Carberry and Objections to that Accounting prepared by Sohmer, as well as any other act, matter, cause, or thing whatsoever from the beginning of the wold to th date of the execution of this document. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. ~ESS: . ~4--0 Q", Vel Iv- RJJ f <:5c~4W1Ut-- Paul E. Sohmer '17u~ /2. &u7 Nancy . Carberry I I . . COMMONWEALTH OF PENNSYLVANIA :ss: C \NYV'bV\ ~ COUNTY OF On the Z71'h day of )~~ , 2006, before me, a Notary Public, the undersigned officer, personally appeared PAUL E. SOHMER, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~ --- N.P. J NOr. LYNN EHREN ~8EAi -, . lEMOYNE BO~LD. NOTARy PlI8uc ~'SSION E;p~8!RLANDCO. E03 FEB. 1, 2009 - COMMONWEALTH OF PENNSYLVANIA :ss: COUNTY OF ~ On the ~+h day of (fh.~ , 2006, before me, a Notary Public, the undersigned officer, personally appeared NANCY R. CARBERRY, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official sea!. ~c/.~ N.P. NOTARIAL SEAL BARBARA L. SAINEY. NOTARY PUBLIC PHILIPS BURG BORO. CENTRE COUNTY MY COMMISSION EXPIRES APRil 28 2010