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Home My WebLink About12-07-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF NELLIE E. EMERT, DECEASED ORPHANS ' COURT DIVISION No. 21-05-0828 ESTATE SETTLEMENT AGREEMENT filed on behalf of JOAN E. SHORT, EXECUTRIX Counsel of Record for this Party: () [-- -'I c/.: ;~~ S. Berne Smith, Esquire PA LD. #07254 107 N. 24th Street Camp Hill, PA 17011-3602 (717) 737-6789 -1- (:=J "Tl 1"''-_-' t.::.;;:.:J ~~:~:;, c:r\ (::J ('"'rj CO) , --.I ~ v ~)IIo. ;-.:J ~ 0> \ ~ ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT by and between Joan E. Short, Executrix ofthe Estate of Nellie E. Emert, Deceased, and each of the beneficiaries listed on Schedule 1 hereto. WITNESSETH WHEREAS, Nellie E. Emert, died August 21,2005, having left her Last Will and Testament dated December 16, 1992, which was duly admitted to probate by the Register of Wills of Cumberland County at the above number and term September 16,2005; and WHEREAS, Joan E. Short has been duly appointed as Executrix of the Estate of Nellie E. Emert, Deceased, and is also a beneficiary of the Estate, and is also the Trustee of the Barbara J. Emert Trust, also a beneficiary of the Estate; and WHEREAS, all the parties in interest under the Last Will and Testament of Nellie E. Emert, Deceased, are set forth on the beneficiary schedule attached hereto as Schedule 1; and WHEREAS, Nellie E. Emert, Deceased, was not survived by a spouse; and WHEREAS, there were no unfulfilled specific bequests; and WHEREAS, each of the residuary beneficiary parties to this Agreement have been provided with an informal account which lists the estate's probate and non-probate assets, receipts and disbursements, and a copy of the proposed final distribution schedule, Schedule 2; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of the 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; and WHEREAS, the parties to this Agreement each acknowledge to have received their advance distributions of the residue of the estate, and upon execution of this settlement Agreement will receive the proposed final distribution set forth in Schedule 2; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein the parties agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Joan E. Short from any and all liability which may from time to time arise in connection -2- with her service as Executrix of the Estate of Nellie E. Short, Deceased. 2. Each party to this Agreement acknowledges 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, administrators, and assigns. Pennsylvania. 3. This Agreement shall be governed by the laws of the Commonwealth of Dated as of October 20, 2006. WITNESS: JJ~ c/2.~ ~~?,~ Joan . Short, Executnx and Beneficiary WITNESS: Daniel E. Emert, Beneficiary WITNESS: Donald R. Emert, Beneficiary //k { WITNESS: ~.1 '-A ~ ~ -ITYI d ~ Jo n E. Short, Trustee of the Barbara J. Emert Trust, Beneficiary -3- with her service as Executrix of the Estate of Nellie E. Short, Deceased. 2. Each party to this Agreement acknowledges 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, administrators, and assigns. Pennsylvania. 3. This Agreement shall be governed by the laws of the Commonwealth of Dated as of October 20, 2006. WITNESS: WITNESS: Joan E. Short, Executrix and Beneficiary Daniel E. Emert, Beneficiary WITNESS: c!fu (i-rule &::vvYCt WITNESS: ,J)~&(, ~ Donald R. Emert, Beneficiary Joan E. Short, Trustee of the Barbara 1. Emert Trust, Beneficiary -3- with her service as Executrix of the Estate of Nellie E. Short, Deceased. 2. Each party to this Agreement acknowledges 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, administrators, and assigns. 3. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated as of October 20, 2006. WITNESS: Joan E. Short, Executrix and Beneficiary JJ~5?f Daniel E. Emert, Beneficiary Donald R. Emert, Beneficiary WITNESS: Joan E. Short, Trustee of the Barbara J. Emert Trust, Beneficiary -3- SCHEDULE 1 Name of Decedent: Nellie E. Emert Date of Death: August 21,2005 File No. 2005-00828 PA File No.21-05-0828 BENEFICIARIES - ALL PARTIES IN INTEREST: Ms. Joan E. Short 285 Eden Road Etters, PAl 7319 Mr. Donald R. Emert 80 Conley Lane Etters, PAl 7319 Mr. Daniel E. Emert P.O. Box 881484 Steamboat Springs, CO 80488 Trust for Barbara J. Emert C/o Joan E. Short, Trustee 285 Eden Road Etters, PAl 7319 Name Address -1- SCHEDULE 2 Name of Decedent: Nellie E. Emert Date of Death: August 21,2005 File No. 2005-00828 P A File No.21-05-0828 RECORD OF AT RISK DISTRIBUTIONS AND PROPOSED FINAL DISTRIBUTIONS: Beneficiary Amount of At Risk Proposed Final Totals Distribution Made Distribution on or about 5-23- 2006 Mr. Donald R. Emert $105,000.00 $5,903.91 $110,903.91 80 Conley Lane Etters, PAl 7319 Mr. Daniel E. Emert $ 35,000.00 $1,967.97 $36,967.97 P.O. Box 881484 Steamboat Springs, CO 80488 Trust for Barbara J. Emert $105,000.00 $5,903.91 $110,903.91 Clo Joan E. Emert, Trustee 285 Eden Road Etters, P A 17319 Ms. Joan E. Short $105,000.00 $5,903.90 $110,903.90 285 Eden Road Etters, PAl 7319 TOTALS $350,000.00 $19,679.69 $369,679.69 -1- S. BERNE SMITH Attorney-at-Law 107 N. 24th Street Camp Hill, PA 17011-3602 PHONE: (717) 737-6789 FAX: (717) 737-6783 December 6, 2006 In re: Estate of Nellie E. Emert; SS # 165-38-1397; DoD: August 21,2005; PA File No. 21-05-0828; File No. 2005-00828; EIN: 20-6670752 File 218002 Ms. Glenda Farner Strasbaugh Register of Wills Courthouse 1 Courthouse Square Carlisle, P A 17013-3387 Dear Register: Enclosed is an original of the Estate Settlement Agreement in the above proceeding. Also enclosed is the final Status Report, indicating that the Estate has been closed. My check in the amount of $20.00 is enclosed for the filing fee for the Settlement Agreement. Thank you for your attention to this matter. If anything further is required, please advise. Sincerely yours, ~I fJfl~/~ S. Berne Smith Enclosures: cc: Joan E. Short, Executrix t--..> = c::, c::r"1. C-..::J ,q (--; I -J -'::1 f'.) ..... (1') ST A TUS REPORT UNDER RULE 6.12 Name of Decedent: NELLIE E. EMERT Date of Death: August 21, 2005 Will No. 2005-0828 Admin. No. 21-05-0828 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion ofthe administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes _X_ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Not applicable. 3. If the answer to No. 1 is Yes, state the following: A. Did the personal representative file a final account with the Court? Yes No X B. The separate Orphans' Court No. (if any) for the personal representative's account is: Not applicable. C. interest? Yes X Did the personal representative state an account informally to the parties in No D. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attacked to this report. Attached. Date: December 6, 2006 ~f3.~ A~ Signature S. Berne Smith. Esq. Name (Please type or print) Address: 107 N. 24th Street Camp Hill, PA 17011-3602 '\J '-'. ". ,'C j'-;\'O Ie ",','" 'jO' ~,\,';:.-,ir\'" 0i$Jdty: L t"'J'30 onn 9t'j :Z\ ~d - U J\." Telephone No. 717-737-6789 Personal Representative _X_Counsel for personal representative ~ RECEIPT FOR PAYMENT ------------------- ------------------- GLENDA FARNER STRASBAUGH Cumberland County - Orphans Court One Courthouse Square Carlisle, PA 17013-3387 Receipt Date: Receipt Time: Receipt No. : 12/07/2006 13:55:55 1032096 EMERT NELLIE E File Number: Paid By Remarks: 2005-00828 S BERNE SMITH ESQ AJW ------------------------ Receipt Distribution ----------______________ Fee/Tax Description FAMILY SETTL AGREE Check# 778 Total Received......... Payment Amount 20.00 Payee Name CUMBERLAND COUNTY GENERAL FUN $20.00 $20.00