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HomeMy WebLinkAbout02-26-07 FAMILY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF CATHERINE B. BUTT KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Catherine B. Butt, late of the Borough of Camp Hill, Cumberland County, Pennsylvania, deceased, died on May 27, 2006, testate. WHEREAS, Letters Testamentary were granted to Linda M. Martin and Dianne E. Hixon, on June 12, 2006, with same having been filed in Cumberland County, Pennsylvania, to Estate No. 21-06-0517; WHEREAS, the said personal representatives have gathered the assets of the estate of the said decedent and the assets consist of personal property to a total value of $574,265.72, as set forth in Exhibit "A", which is a statement of account of the said personal representatives, and which is attached hereto and made a part hereof, and marked Exhibit "A"; WHEREAS, the debts and deductions amount to $49,738.77, leaving a balance for distribution of $524,526.95, also as set forth in the statement of the said personal representatives, which is attached hereto and made a part hereof, and marked Exhibit "B"; NOW THEREFORE, KNOW YE, that we, Linda M. Martin and Dianne E. Hixon, being the heirs of the said decedent, and being the individuals entitled to inherit under the Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to us by the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of distribution in said statement attached hereto and marked Exhibit "C"; AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if it had been filed and confirmed by the Orphan's Court Division of the Court of Common Pleas of Cumberland County. THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said personal representative, her heirs, executors, administrators and assigns, of and from the said estate and from all actions, ;suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon theestate,ofsaiclpecedent, and we do further hereby covenant and , , ,,", _. J agree that we will contribute mfshar~ 9Hh:~) 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 personal representative after~r ~,i.~n~ag,~~ngg ~~9~delivery of this family settlement agreement and final release. ~ IN WITNESS WHEREOF, we, the heirs of the said decedent, have hereunto set our hands and seals. WITNESSES: "', n ~wtiiJ ~2[)Y1O~a. ~~ i1J. n1~ LINDAM. MARTIN ~^'W{lL \fRJi"ri:Url ;J~~,~ C;. Ii<j~ DIANNE E. HIXON COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this AJ of day of February, 2007, before me, the undersigned officer, personally appeared LINDA M. MARTIN and DIANNE E. HIXON, known to me (or satisfactorily proven) to be the individuals whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SIAL LINDA A CLOlFELlER Notary N)IC HAMPDEN 1WP. eut.WERI.NG CN1Y My CorM*IIOn bpINI Nt 21, 2010 DEBITS: LAST AND FINAL ACCOUNT OF THE ESTATE OF CATHERINE B. BUTT, LATE OF BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: MAY 27, 2006 PRINCIPAL ACCOUNT - EXHIBIT "A" Your Accountants charge themselves with the following: A. A. B c. Real Property Residential Real Estate 101 April Drive Camp Hill, Pennsylvania Tax Parcel No. 01-21-0275-085 Sold August 29,2006 for $149,000.00 sales price Proceeds of sale $137,239.08 after expenses Personal Property Proceeds of public auction of miscellaneous personal property including 1993 Buick LeSabre Custom Sedan Gross proceeds of auction $9,061.00 Expenses incurred by auctioneer $2,308.58 Net proceeds to estate $6,752.42 Investment Account with Raymond James Account No. 16463932 Date of death value $50,104.23 Interest to estate: $588.12 Checking Account with M&T Bank Account No. 18889468 Date of death value $ 48,027.11 Pending checks cleared after death $1,627.67 Total principal debits page one: $ 137,239.08 $ 6,752.42 $ 50,692.35 $ 46,399.44 $ 241,083.29 D. Certificate of Deposit with M&T Bank $ 4,997.08 Account No. 031003914577027 Date of death value $ 5,000.00 Net value to estate $4,997.08 E. Certificate of Deposit with Wachovia Bank, N.A. $ 50,123.56 Account No. 24-740-205-2167287 Date of death value $50,000.00 Interest to estate $287.84 - fees to liquidate $163.68 F. 8340 Shared of Common Stock of Tyco IntI., LTD $ 219,518.09 Date of death value $231,487.80 Net value at sale 9/13/06 $219,518.09 G. 14 Shares of Common Stock of Prudential Financial $ 1,072.54 Account No. 593-7580 Date of death value $1,060.92 Net value at sale $1,072.94 H. Income from Aetna Life Insurance Joint Annuity payment $ 270.13 Contract No. GA-443 $270.13 paid for one month I. Annuity funds from Allstate Life Insurance Company $ 50,253.67 Annuity No. GA 17633671 Date of death value $50,131.73 Value on date of withdrawal $50,253.67 J. Misc. refunds, reimbursements and payments: $ 1,221.71 1. Medicare payment $105.97 2. Highmark insurance reimbursement $654.40 3. PA income tax refund $300.00 4. Wachovia interest to estate account $146.28 5. M&T Bank interest to estate account $15.06 K. Interest earned by estate checking and investment $ 5,725.65 accounts Total principal debits this page: $ 333,182.43 Total principal debits prior page: $ 241.083.29 TOTAL PRINCIPAL DEBITS: $ 574,265.72 EXHIBIT "A" CREDITS - EXHIBIT "B" Your Accountants ask credit for payments made from Principal Account as follows: Date Description Amount 6/12/06 M&T Visa - Credit card bill 640.47 6/12/06 UGI Utilities - Gas bill for residence 113.00 6/12/06 AT &T - Telephone bill for residence 41.78 6/12/06 BP Amoco - Credit card bill 12.00 6/12/06 Linda Martin - Reimbursement for probate fees 420.00 6/19/06 Dan White Plumbing, Heating and AC - Repair bill for residence 40.00 6/19/06 Verizon - Telephone bill for residence 30.04 6/19/06 Penn Waste - Trash bill for residence 42.63 6/26/06 Trugreen Chemlawn - Lawn service for residence 37.10 6/26/06 PP&L - Electric bill for residence 47.71 6/26/06 Comcast - Cable bill for residence 47.85 6/26/06 P A American Water Company - Water bill for residence 47.62 6/27/06 Virgil Hartman - Reimbursement for repair expenses for residence 36.04 6/30/06 Eric Paull - Fees for lawn service pending sale of residence 120.00 6/30/06 Dan White Plumbing, Heating and AC - Repair bill for residence 2,300.00 7/7/06 J.R. Hossman - Fees for home repairs for residence 860.00 7/10/06 UGI Utilities - Gas bill for residence pending sale 9,546.50 269.17 7/10/06 Monahan Funeral Home, Inc. - Funeral expenses 7/11/06 Dianne Hixon - Reimbursement for funeral luncheon expense 249.00 7/14/06 l.R. Hossman - Fees for home repairs for residence 171.00 7/17/06 Camp Hill Borough - Sewer bill for residence pending sale 85.00 7/28/06 Cumberland Law Journal- Estate advertisement fee 75.00 7/28/06 Linda A. Clotfelter, Esq. - Professional fees prior to death 447.75 Total credits this page: $15,679.66 7/28/06 Linda A. Clotfelter, Esq. - Professional fees for estate administration 7/31/06 PA American Water Company - Water bill for residence 7/31/06 PP&L - Electric bill for residence pending sale 8/7/06 Eric Paull- Lawn service fees for residence pending sale 8/18/06 Register of Wills, Agent - Pennsylvania Inheritance Tax 8/22/06 UGI Utilities - Gas bill for residence pending sale 8/24/06 Register of Wills, Agent - P A Inheritance Taxes 9/2/06 PP&L - Electric bill for residence pending sale 9/5/06 Aetna - Reimbursement of annuity overpayment 9/7/06 PP&L - Electric bill for residence pending sale 9/8/06 UGI Utilities - Gas bill for residence pending sale 9/12/06 Eric Paull- Lawn maintenance fees pending sale of residence 9/15/06 PA American Water Company - Water bill pending sale of residence 9/28/06 Linda Martin - Reimbursement for expenses of executrix 9/28/06 Dianne Hixon - Reimbursement for expenses of executrix 10/05/06 Cord or Memorials - Fees for gravestone and inscription 10/27/06 Linda A. Clotfelter - Reimbursement for fees paid by firm for prior to death 10/27/06 Linda A. Clotfelter - Reimbursement for - Estate advertisement fee 2/23/07 Register of Wills, Cumberland County - Additional probate fees 2/23/07 Register of Wills, Cumberland County - Filing fee for P A Inheritance Tax Return 2/23/07 Register of Wills, Agent - P A Inheritance Tax Payment 2/23/07 Orphans' Court, Cumberland County - Filing fee for Family Settlement Agreement 2/23/07 Linda A. Clotfelter, Esq. - Professional fees for estate administration Total credits this page: Total credits prior page: TOTAL CREDITS: EXHIBIT "B" 2,167.34 45.86 29.65 120.00 12,500.00 21.32 10,000.00 52.53 743.05 22.73 11. 09 30.00 2.77 692.17 656.33 1,443.00 114.00 246.24 150.00 15.00 1,271.33 20.00 3,704.70 $ 34,059.11 $ 15,679.66 $ 49,738.77 RECAPITULATION Principal Debits $ 574,265.72 Minus: (A) Administrative Expenses ($ 48,116.82) (B) Last Debts of Decedent ($ 1,621.95) SUBTOTAL: ($ 49,738.77) TOTAL BALANCE FOR $ 524,526.95 DISTRIBUTION NON-PROBATE PROPERTY Description Treatment A. Income from death benefit of Reliastar Life Insurance Policy No. 62941-3-GAT on life of Ralph Butt, Ir. By contingent beneficiary designation to step-daughters, Linda M. Martin and Dianne Hixon in equal shares B. Income from death benefit of Prudential Life Insurance Policy No. 402240110n life of Catherine Butt By contingent beneficiary designation to sister, Margaret Me Go arty PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Total Balance for Distribution to the following heirs as described: LINDA M. MARTIN 13709 Stafford Drive Thurmont, MD 21788 1/2 of rest, residue and remainder $ 262,263.48 DIANNE E. HIXON 301 Cameo Drive Fayetteville, P A 17222 1/2 of rest, residue and remainder $ 262,263.47 TOTAL CASH DISTRIBUTED: $ 524,526.95 EXHIBIT "C" LAW FIRM OF LINDA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 February 23, 2007 Glenda Farner Strausbaugh Register of Wills, Cumberland County One Courthouse Square Carlisle, P A 17013 RE: Estate of Catherine B. Butt Estate from 21-06-0517 Dear Ms. Farner: Please find enclosed the documents necessary to finalize the above-referenced estate: 1. Original and two copies of the Pennsylvania Inheritance Tax Reurn; 2. A check for the sum of $1,,271.33 as tax due; 3. A check for $15.00 for the filing fee for the Inheritance Tax Return; 4. Original and two copies of a Family Settlement and Final Release; 5. A check for $20.00 for the filing fee for the Family Settlement and Final Release; 6. An original and one copy of the Rule 6.12 Status Report; and 7. A check for $150.00 for additional probate fees that we believe are due. Please process the above items and return the extra, time-stamped copies to our office in the enclosed envelope. Very truly yours, () '--- Enclosures LAC/cal f'.' c. ~ .-f') h, . ~,-,