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Home My WebLink About12-07-06 C\5 -12 CO FIRST AND FINAL ACCOUNT OF Michael P. Kurtz and Joyce Kurtz, Executors For the ESTATE OF ANN MARIE KURTZ, Deceased Date of Death: Will or Administration Number: Date Letters Granted: Date of First Advertisement: Period of Accounting: 08/05/2005 21-05-0728 August 16, 2005 September 7,2005 August 16, 2006 - December 1, 2006 Purpose of Account: The Executors, Michael P. Kurtz and Joyce Kurtz offer this account to acquaint interested parties with the transactions that have occurred during their administration. The account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with the above named Executors or: Craig A. Doll, Esquire 25 West Second Street P.O. Box 403 Hummelstown, P A 17036 () --0 .~~ .i::-:Jn ,- I-n .;~ :3Z ...~ -;-1 (717) 566-9000 ~..) = c.:.:> 0"' C:J I.." (J I -.I v ::::: .;.. o -.I ~~ Item Principal Receipts Net Gain (or Loss) on Sales or other disposition Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal and State Taxes Fees and Commissions Balance before distributions Distributions to Beneficiaries: To Clyde R. Kurtz To Arthur Kurtz Balance on Hand SUMMARY OF ACCOUNT Page Current Value Fiduciary Value $202,025.50 0.00 3 $ 3,544.38 898.60 3,860.80 293.52 3,000.00 $190,428.20 4 $26,988.61 6,522.68 $156,916.91 2 Disbursements Debts of Decedent 08/22/05 Metropolitan Edison Company $ 86.05 08/22/05 Cumberland Crossing (Monthly common fee) 1,232.00 09/12/05 Metropolitan Edison Company 32.72 09/12/05 Cumberland Crossing - (maintenance fee) 145.20 09/12/05 U G I (natural gas) 18.39 10/13/05 Sprint Communications 16.94 11/31/06 Joyce Kurtz (cleaning services, mileage) 1,228.00 11/31/06 Michael Kurtz (meetings with counsel, travel) 785.08 $ 3,544.38 Funeral Expenses 08/22/05 10/05/05 Dinnini Foods (funeral meal) Patriot News (Obituary) $ 752.60 146.00 $ 898.60 Administration Expenses 09/02/05 11/02/05 05/07/06 11/31//06 Clerk of Courts, Probate Fee Patriot News, Advertisement of letters Legal Fees Legal Fees $ 307.00 98.80 3,255.00 200.00 $ 3,860.80 Federal and State Taxes 11/22/05 Register of Wills, Estate Tax $ 293.52 $ 293.52 Fees and Commissions 11/31/06 11/31/06 Michael P. Kurtz (Administration) Joyce Kurtz (Administration) $ 1,500.00 1,500.00 $ 3,000.00 3 Distributions to Beneficiaries To Clyde R. Kurtz, Jr. sole beneficiary 10/14/05 Cumberland Crossing Nursing home costs Cumberland Crossings Nursing home costs Continuing Blue RX Cumberland Crossings Nursing home costs 15,511.28 09/12/05 10/14/05 05/07/06 5,724.16 902.25 4,850.92 $ 26,988.61 To Arthur Kurtz (named beneficiary of IRA) $ 6,522.68 $ 6,522.68 Proposed Distribution to Beneficiaries To Clyde R. Kurtz, Jr. (sole beneficiary) $156,916.91 Michael Kurtz and Joyce Kurtz, Executors under the Last Will and Testament of Ann Marie Kurtz, deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that, to their knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the estate have been paid. Ci~t\ Michael Kurtz '-'\ Executor WKUrlZ Executor Commonwealth of Pennsylvania: County of C VlY)bri(t(ld ~i- . Subscribed and sworn to me by Michael Kurtz and Joyce Kurtz this ~ day ofl).Q('~. , 2006 (l(QJJoh,- ~NuJ61L/ NO}an' public NOTARIAL SEAL ,CLAUDiA:" BREWBAKE.R NOTAAYPUBUC , Ca(ilsle Boro Cumberland County rl Mil (~ommisslon Expires April 4 , 2009 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHAN'S COURT DIVISION ESTATE OF ANN MARIE KURTZ, Deceased Social Security Number: Date of Death: Will or Administration Number: Date Letters Granted: Name of Personal Representatives: 171-26-1627 08/0512005 21-05-0728 August 16,2005 Michael P. Kurtz c~ Joyce Kurtz '" i.::'::' ~. .:.:.J: c.';;'" -0 C-i f'rl <-;, I -.J Craig A. Doll, Esquire 25 West Second Street P.O. Box 403 Hummelstown, P A 17036 _0 ':J ~ ESTATE SETTLEMENT AGREEMENT This agreement is made the ~ day of DIE{..., 2006, by and among Michael P. Kurtz and Joyce Kurtz, Executors of the estate of Ann Marie Kurtz, and Clyde R. Kurtz, Jr. as the sole beneficiary of the said estate. In accordance with their desire that the administration of the estate of Ann Marie Kurtz be terminated without the expense and delay of a court accounting, the parties hereto, in consideration of the mutual covenants herein expressed, and intending to be legally bound hereby, agree that: 1. The estate of Ann Marie Kurtz, who died August 5, 2005, is now in the process of administration, Letters Testamentary having been duly granted to Michael P. Kurtz and Joyce Kurtz by the Register of Wills of Cumberland County on August 16,2005. o co .", '--' \\.~ 2. Under the provisions ofItem III of the decedent's will, her entire estate was given to her husband Clyde R. Kurtz, Jf. provided he should survive her by sixty (60) days. The sole beneficiary has survived the decedent by the stated period of time. 3. The parties acknowledge that the Executors have received the assets and made the payments set forth in the First and Final Account appended hereto and made a part hereof as Exhibit A and the parties approve the said Account in its entirety. 4. The parties hereto agree that the remaining balance of the estate assets shall be distributed as set forth in the Proposed Distribution, a copy of which is attached to the account and made a part hereof, including all distributions of legacies and devises as therein set forth. Without intending to limit the rights or remedies of the beneficiaries, the parties further agree to indemnify the Executors and save them harmless against all liability, loss, and expense (including, but not limited to, costs and counsel fees) which the Executors may incur, whether due to their negligence or otherwise, as a result of making the above-described distribution without a court audit. 5. The Executors have received the Estate Tax Closing Letter from the Pennsylvania Department of Revenue indicating that all estate taxes due have been paid. Distribution will also include any funds received by the Executors subsequent to the date to which the attached Account is stated. Should any proper liabilities of the estate, whether for taxes or otherwise, arise or come to the attention of the Executors or any other parties thereafter, the beneficiary agrees to be liable therefore. 6. The parties, and each of them, hereby forever fully release, compromise, settle and discharge any and all claims, demands, actions or causes of action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any of them may have against any other party hereto or against the estate of Ann Marie Kurtz, deceased, or the Executors thereof, by reason of any matter, cause or thing growing out of or relating to any property or assets of the said estate, or growing out of or relating to any act of the Executors in their administration of said estate, even if attributable to negligence, and agree that any period for the limitation of actions for the 2 collection of any erroneous distribution or distributions shall commence only at such time as the Executors obtain actual knowledge of such erroneous distribution or distributions and that in no event shall the period for collection of any erroneous distribution or distributions be less than two years after the actual discovery thereof by the Executors. 7. The parties agree to execute such additional releases as the Executors may submit to them in order to confirm their discharge from any further liability to the parties in connection with the said estate. 8. The foregoing provisions which apply to the Executors, shall apply also to any Executor who may be appointed in connection with any ancillary administration which may be required in order to complete distribution. 9. This Agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all the parties, and their respective heirs, next-of kin, personal representatives and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. . '7 ----- ~/j) t/? I~eal) Michael P. Kurtz ~~ (Seal) Joyce Kurtz t. A )r1\Al. (Seal) 4~~ Clyde Kurtz, Jr., Beneficiary 3 Commonwealth of Pennsylvania County of Cumberland SS On this7 tJ---day of b.e~. , A.D. 2006, before me, the undersigned officer, personally appeared the aforesaid, Michael P. Kurtz, Joyce Kurtz and Clyde Kurtz, Jr., who acknowledged themselves to be the individuals set forth above, and that they, executed the foregoing instrument, for the purposes therein contained, by signing their names to this instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CO ~t -- ~~;)6ctl~ Notary Public NOTARIAl SEAL ClAUDIA' BREWBAKER. NOTARY PUBLIC Carlisle Bore. Cumberland County My CommIsston Expires April 4, 2009 4