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HomeMy WebLinkAbout04-03-07 (2) y ...:r- 11'._.... .. ... ESTATE OF ANITAR. WENRICK File No. 21-06-0302 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this ~y of ~ ,2007, BETWEEN: DENNIS E. WENRICK and LENITA D. WENRICK, being the r....") legatees under the Last Will and Testament of Anita R. Wenrick, late of the BorougIt.~f C..., n --I ,n _: ~=Cj ~:::>> Shippensburg, Cumberland County, Pennsylvania, :;;.~ AND -~ 1 c..,) DENNIS E. WENRICK and LENITA D. WENRICK, Co-Executorsp1;the Estate c..n under the Last Will and Testament of Anita R. Wenrick, deceased, WHEREAS, Anita R. Wenrick died March 2, 2006, testate, and under her Will left her estate to the parties herein; and WHEREAS, Letters Testamentary were granted to Dennis E. Wenrick and Lenita D. Wenrick on April 5, 2006, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Anita R. Wenrick have been liquidated or distributed and all her debts paid in full, and further the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Co- Executors, the said parties hereto desire to waive the duty of the Co-Executors to file a First and Final Account with Proposed Schedule of Distribution for purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 . .. ... .. Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the parties hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of their distributive shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release Dennis E. Wenrick and Lenita D. Wenrick, Co-Executors, from all claims and demands whatsoever arising out of settlement of the Estate of Anita R. Wenrick. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representatives that they will contribute pro rata their shares of the 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 representatives after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. L c:JL:J Dennis E. Wenrick (SEAL) i~t~ vLenita D. Wenrick (SEAL) WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 . ~ ... COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Z{)~ On this, the _-, day of ----YY1 ~ , 2007, before me, the undersigned officer, personally appeared DENNIS E. WENRICK and LENITA D. WENRICK, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~)!~ (SEAL) WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ . ,"-,-,", J., Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division No. 21-06-0302 Estate of Anita R. Wenrick, Deceased Late of of Borough of Shippensburg Account Dennis E. Wenrick and Lenita D. Wenrick, Co-Executors Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Executor's Appointment: Date of First Complete Advertisement of Letters: Accounting for the Period: 167 -24-1671 20-6895017 03/02/2006 None 04/05/2006 04/14/2006 03/02/2006 to 03/20/2007 Purpose of Account: Dennis E. Wenrick and Lenita D. Wenrick, Co-Executors, offer this Account to acquaint interested parties with the transactions that have occurred during this Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A. Weigle Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 GROSS ESTATE (Principal Receipts + Income Receipts) 158,573.52 SM1MA~Y OF ACCOUNT -4 ""- Estate of Anita R. Wenrick, Deceased For the Deriod of March 2. 2006 throuah March 20. 2007 Fiduciary Current Acquisition Paae Value Value Proposed Distributions to Beneficiaries 12 69,450.23 69,450.23 PRINCIPAL Receipts: This Account 1-2 157,409.81 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 157,409.81 Less Disbursements: Debts of Decedent 3-4 18,663.13 Funeral Expenses 4 11,577.79 Administration Expenses 4-5 1,323.25 Federal and State Taxes 5 5,118.32 Commissions 0.00 Fees 5 6,669.00 Family Exemption 0.00 43,351.49 Balance Before Distributions 114,058.32 Transfer to (from) Principal 1,136.91 Distributions to Beneficiaries 6 45,745.00 Principal Balance on Hand 7 69,450.23 For Information: Investments Made Changes in Investment Holdings 8 INCOME Receipts This Account 9 1,163.71 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 1,163.71 Less Disbursements 10 26.80 Balance Before Distributions 1,136.91 Transfer to (from) Income -1 ,136.91 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Investment Holdings COMBINED BALANCE ON HAND 11 69,450.23 - . ... "- SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Cash 03/0212006 Cash on hand at date of death 600.00 03/02/2006 Orrstown Bank Checking Account #531529000- 13.309.11 joint with Leonard E. Wenrick, spouse, until his date of death on 02114/2006 03/0212006 Orrstown Bank Checking Account #531529000 - 290.00 deposits date of death to closing on 4/20/06 03/0212006 Accrued Interest on above item through date of 1.30 death 03/02/2006 Orrstown Bank Savings Account #450192 760.00 03/02/2006 Orrstown Bank Savings Account #450192- 280.00 deposits date of death to closing on 04/20/06 03/02/2006 Patriot Federal Credit Union Money Market 28.069.03 Account 03/0212006 Patriot Federal Credit Union Money Market 1.270.77 Account - credits to account from date of death to closing 03/0212006 Patriot Federal Credit Union Share Account 5.00 Total Cash 44.585.21 Personal PrODertv 03/02/2006 1993 Ford Truck F150 3.200.00 03/02/2006 1998 Buick Regal LS Sedan 3.545.00 03/02/2006 Personal Property 5.000.00 Total Personal Property 11.745.00 Real Estate 03/0212006 Residence at 328 East Orange Street - Borough 68.000.00 of Shippensburg, Cumberland County, PA - gross proceeds of sale to Lenita D. Wenrick on 10/27/06 Total Real Estate 68.000.00 Total Inventory 124.330.21 1 ..-. t .. ~. I . lr..... , . SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 04/01/2006 Utility expenses - including electric, gas, cable, 666.54 telephone, and final cell phone billing, from date of death to 04/01/2006 04/02/2006 Borough of Shippensburg Tax Collector - 337.53 03/01/2006 real estate taxes 04/02/2006 Borough of Shippensburg Tax Collector - 19.60 03/01/2006 personal taxes 04/0212006 Unpaid funeral costs for Leonard E. Wenrick, 8,404.22 spouse - (precedeased 02114/06) Fogelsanger-Bricker Funeral Home, $7,773.50; Reception, $630.72 04/20/2006 Orrstown Bank Checking Account #531529000- 3,718.43 checks clearing after date of death and debits to account after date of death to closing 09/0212006 Borough of Shippensburg Tax Collector - 800.70 07/15/2006 real estate taxes 09/0212006 Penn National Insurance - automobile insurance 352.00 premium 09/0212006 Penn National Insurance - homeowner's 384.00 insurance premium 09/13/2006 Vehicle Expenses - including maintenance, 493.05 repairs, tires, and inspections 09/23/2006 Utility expenses - including electric and gas 1,798.54 ($1,469.18), water, sewer, and refuse ($279.24), and telephone ($50.12) from 04/02/2006 to 09/13/2006 10/04/2006 Penn National - auto insurance premium 333.00 10/27/2006 Real Estate Settlement Expenses - deed 284.58 preparation ($85.00); final water and sewer billing ($199.58) 11/13/2006 Utility Expenses - including electric and gas 511.34 ($380.73), and water, sewer and refuse ($130.61) from 09/14/2006 to 11/13/2006 3 ..'. .. \ I ... \ . SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 12/15/2006 Prudential Insurance - return of check 559.60 Total Debts of Decedent 18.663.13 Funeral Expenses 04/02/2006 Fogelsanger-Bricker Funeral Home 8.350.50 04/02/2006 Funeral Reception 252.29 04/0212006 Spring Hill Cemetery - grave opening 475.00 10/04/2006 Cemetery Monument 2.500.00 Total Funeral Expenses 11.577.79 Administration Expenses 03/0212006 Patriot Federal Credit Union Share Account - 5.00 account charge 04/05/2006 Register of Wills, Cumberland County - Letters 302.00 Testamentary and Short Certificates 04115/2006 Estate Checks 8.85 04/21/2006 Cumberland Law Journal - advertising Letters 75.00 Testamentary 05/13/2006 News Chronicle - advertising Letters 115.50 Testamentary 08/25/2006 Waste Management - dumpster rental 5.00 09/01/2006 Wolfe & Shearer Appraisals - real estate 275.00 appraisal 09/07/2006 Linda K. Klein - notary fee 13.00 09/13/2006 Miscellaneous co-executor expenses 77.40 09/14/2006 Register of Wills, Cumberland County - filing 50.00 Petition for order of court approving the purchase of real estate by a personal representative 09/20/2006 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 4 ... " .< l.-..- 1 \ l .....-..., , . SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 02/27/2007 03/13/2007 Weigle & Associates, P .C. - reserve for filing Family Settlement Agreement with Register of Wills, Cumberland County Weigle & Associates, P.C. - reimbursement for postage, xerox copies, and long distance telephone calls Ziobrowski Appraisals - real estate appraisal Register of Wills, Cumberland County - 1 Short Certificate Total Miscellaneous Administrative Expenses 75.00 09/20/2006 09/20/2006 27.50 275.00 4.00 1.323.25 Federal and State Taxes 05/31/2006 Register of Wills, Cumberland County - PA 4.500.00 Inheritance Tax payment at discount 09/14/2006 Register of Wills, Cumberland County - PA 618.32 Inheritance Tax balance due Total Taxes 5.118.32 Fees 09/12/2006 Weigle & Associates, P .C. - estate attorney fee 6.669.00 Total Fees 6.669.00 TOTAL DISBURSEMENTS OF PRINCIPAL 43.351.49 5 ~- '. . 'l; I \ I (, " TRANSFERS TO (FROM) PRINCIPAL Date Description 03/13/2007 Transfer income to principal Amount 1.136.91 1.136.91 Transfers To (From) Principal - 1 w:"" I. , c... ; 1 ..,....( SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Dennis E. Wenrick 03/08/2007 03/08/2007 1998 Buick Regal LS Sedan -1/2 value In Kind Personal Property Lenita D. Wenrick 10/27/2006 03/08/2007 03/08/2007 03/08/2007 Partial Distribution 1993 Ford Truck F150 1998 Buick Regal LS Sedan -1/2 value In Kind Personal Property 1.772.50 2.500.00 34.000.00 3.200.00 1.772.50 2.500.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 6 (.. ' , . 4.272.50 41.472.50 45.745.00 ~' I, . # Units ( j 1 . PRINCIPAL BALANCE ON HAND Description Cash Estate Checking Account 7 Total Cash Current Value 03/20/2007 or as Noted 69,450.23 69.450.23 69.450.23 " . , .. Fiduciary Acquisition Value 69,450.23 69.450.23 69.450.23 ("'I, -- I ., , _~ . -" , . SCHEDULE F CHANGES IN INVESTMENT HOLDINGS - PRINCIPAL # Units Cost 1993 Ford Truck F150 03/02/2006 inventoried 3,200.00 03/08/2007 distributed -3,200.00 0.00 1998 Buick Reaal LS Sedan 03/02/2006 inventoried 3,545.00 03/08/2007 distributed -1,772.50 03/08/2007 distributed -1,772.50 0.00 Personal Property 03/02/2006 inventoried 5,000.00 03/08/2007 distributed -2,500.00 03/08/2007 distributed -2,500.00 0.00 Total 0.00 8 c. .,. . . ..' .. SCHEDULE G RECEIPTS OF INCOME Interest/Bank Orrstown Bank Checkina Account #531529000 04/20/2006 interest date of death to closing Orrstown Bank Savinas Account #450192 04120/2006 interest at closing Patriot Federal Credit Union Monev Market Account 01/30/2006 interest 04/25/2006 through 01/30/2006 TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 9 1.88 2.57 1.159.26 -.... A . :lI 1.88 2.57 1,159.26 1,163.71 1,163.71 . I' ., .~.. . ..J. SCHEDULE I DISBURSEMENTS - INCOME Expense I INCOME 03/13/2007 PA Department of Revenue - 2006 PA41 fiduciary income tax 26.80 TOTAL DISBURSEMENTS OF INCOME 10 ...... _;, ,JI 26.80 (' #. AI Date 03/13/2007 ... ,_ .... . _II TRANSFERS TO (FROM) INCOME DescriDtion Transfer income to principal Amount -1.136.91 -1.136.91 Transfers To (From) Income - 1 r ~. ., # Units .._ , Jlf COMBINED BALANCE ON HAND Description Cash Estate Checking Account 11 Total Cash Current Value 03/20/2007 or as Noted 69.450.23 69.450.23 69.450.23 .. , .. Fiduciary Acquisition Value 69.450.23 69.450.23 69.450.23 "It. ., , "J A PROPOSED DISTRIBUTIONS TO BENEFICIARIES TO: Dennis E. Wenrick Specific Bequest ($5,000.00) plus one-half residue ($55,097.61) - less prior distributions totaling $4,272.50 TO: Lenita D. Wenrick One-half residue ($55,097.62) -less prior distributions totaling $41,472.50 Total 12 Current Value 03/20/2007 or as noted 55.825.11 55.825.11 13.625.12 13.625.12 69.450.23 .. ~ J ", Fiduciary Acquisition Value 55.825.11 55.825.11 13.625.12 13.625.12 69.450.23 ';;... ,. ..,.. JlC Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division No. 21-06-0302 ~." , " Estate of Anita R. Wenrick, Deceased Affidavit Dennis E. Wenrick and Lenita D. Wenrick, Co-Executors under the Last Will and Testament of Estate of Anita R. Wenrick, Deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their office; that the foregoing 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 his/her knowledge, there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: m~ -2<1, ;( 067 ~r~