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FAMILY SETTLEMENT AND FINAL RELEASE
In Re: Estate of JOHN E. MINICH Deceased
No. 2106-1118
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, JOHN E. MINICH, Late of Dickinson Township, Cumberland
County, Pennsylvania, died testate on November 18, 2006, having first made his
last will and testament, which was duly executed on September 2, 1994, and is
duly recorded in Cumberland County, PA, to No. 21-06-1118.
WHEREAS, the said John E. Minich, by the aforesaid last will and testament,
named his son and daughter, Ellsworth G. Minich and Rosie M. Burton, as
Executors of said last will and testament.
WHEREAS, Letters Testamentary on the estate of the said decedent were duly
issued by the Register of Wills of Cumberland County, P A. to the said Executors
hereinafter called the personal representative;
WHEREAS, the said personal representative has gathered the assets of the estate
of the said decedent and the assets consist of cash for a total value of $6,914.35 as
set forth in the attached Exhibit A.
WHEREAS, the debts and deductions in the said estate, amount to $1,833.85
(See Exhibit B) and inheritance taxes of $70.39 (See Exhibit. C).
\"- ~
Therefore, there is a balance for distribution of $5,009.84 to be ~bute&-J
T ota! Assets
T ota! Debts
Balance for Distribution
$6,914.35
1,904.24
$5,010.11
Distribution
t.- .)
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Items distributed are in accordance with Item Fourth. of the Last Will and
Testament of John E. Minich, attached as Exhibit D.
50% to Ellsworth Gemard Minich
50% to Rosie Marie Minich-Burton
$2,505.05
$2,505.06
$5,010.11
Total Distributed
c ~_
WHEREAS, the balance for distribution has been distributed in accordance with
the terms of the last will and testament of the decedent as set forth in the
schedule of distribution.
NOW, THEREFORE we, the undersigned Legatees, being all of the legatees of
the said decedent and being those persons entitled to inherit under the last will
and testament of John E. Minich do hereby, each of us, acknowledge that we
have received from the aforesaid estate, in full satisfaction, the sum or sums of
money set forth above.
AND, each of us does hereby stipulate and agree that in order to avoid the
expense and time involved in he filing of a formal account and schedule of
distribution, we each agree that no account is necessary and we do hereby agree
that we do 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
they had been filed and confirmed by the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, P A.
THEREFORE, each of us does hereby remise, release, quitclaim and forever
discharge the said personal representative, her heirs, executors, and
administrators and assigns, of and from the said estate and from all actions, suits,
payments, accounts, reckonings, claims, and demands whatsoever for or by
reason thereof, or for any other use, matter, cause or thing whatsoever touching
upon the estate of the said decedent, and each of us does further hereby covenant
and agree that should any liability come due to the estate of the said decedent
after the signing of this agreement, we and each of us do hereby covenant and
agree with each other that we will contribute pro rata our share of the estate to
satisfy any and all claims, demands, suits, or causes of action which may be
successfully prosecuted against the said estate after signing, sealing and delivery
of this settlement agreement, and final release.
IN WITNESS~REOF, we have hereunto set our hands and seals this _
/b dayof ~ ,2007.
Witness:
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Ifllsworth G. Minich, individually
And as Executor of the Estate of
John E. Minich
~il-<u~~ ~
Rosie Marie Minich-Burton, /
individually
And as Executor of the Estate of
John E. Minich
Commonwealth of Pennsylvania)
55:,
County of Cumberland )
On this, the /3 of 2007, before me, a Notary
Public, the undersigned officer, sonall y appeared Ellsworth G. Minich and
Rosie Marie Minich-Burton, known to me to be the persons whose name 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.
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INVENTORY
Estate of JOHN E. MINICH
No.21
06
1118
, Deceased
Date of Death 12/18/2006
Social Security No. 189-09--4854
also known as
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no
real estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. l!We
verify that the statements made in this inventory are true and correct. l!We understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Personal Representative:
Name of
Attorney: William P. Douqlas
I.D. No.: 37926
Ellsworth G. Minich
R0sie M. Burton
Dated January 25, 2007
Address: 57 W. Pomfret St.
Carlisle,
Telephone: 717-243-1790
PA 17013
Description
Value
M& T Bank, checking account
3,703.30
Refund, Claremont Nursing Home
3,211.05
Total
(Attach Additional Sheets if necessary)
6,914.35
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
RW-4
John E. Minich Debts and Deductions
Hoffman Roth Funeral
Carlisle Memorial Svc.
Sentinel, advertising
Register of Wills, filing fees
Cumberland Law Journal, advertising
Register of Wills, letters
Pennsylvania Inheritance Tax
Douglas Law Office, atty. Fee
Total Debts
)
("=-cc
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_.....-..../
$550.74
$370.00
$195.11
$ 59.00
$ 75.00
$ 84.00
$ 70.39
$500.00
$1,904.24
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRIS8URG PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEHENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSHENT OF TAX
*'
REV-1547 EX AFP (06-05)
DATE 05-28-2007
ESTATE OF MINICH JOHN E
DATE OF DEATH 11-18-2006
FILE NUMBER 21 06-1118
COUNTY CUMBERLAND
ACN 101
APPEAL DATE: 07-27-2007
( See reverse side under Objections)
Amount Remittedl I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +--
-------------------------------------------------------------------------------------------
REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF MINICH JOHN E FILE NO. 21 06-1118 ACN 101 DATE 05-28-2007
WILLIAM P DOUGLAS
DOUGLAS LAW OFFICE
PO BOX 261
CARLISLE PA 17013
T AX RETURN WAS: (X) ACCEPTED AS F I LED
) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Hortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Hisc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
0)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
6,914.08
.00
.00
(8)
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
6,914.08
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Hisc. Expenses (Schedule H)
10. Debts/Hortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
(9)
(0)
5,349.85
.00
(11)
(2)
(3)
(4)
1i.349.81i
1,564.23
.00
1,564.23
NOTE:
If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line
16. Amount of Line
17. Amount of Line
18. Amount of Line
19. Principal Tax Due
TAX CREDITS:
14 at Spousal rate (5)
14 taxable at Lineal/Class A rate (6)
14 at Sibling rate (7)
14 taxable at Collateral/Class B rate (8)
.00 X 00
1,564.23 X 045 =
.00 X 12
.00 X 15
(9)=
.00
70.39
.00
.00
70.39
PAYHENT RECEIPT DISCOUNT (+) AloloUNT PAID
DATE NUHBER INTEREST/PEN PAID (-)
03-23-2007 CD007938 .00 70.39
TOTAL TAX CREDIT 70.39
BALANCE OF TAX DUE .00
/' INTEREST AND PEN. .00
/ TOTAL DUE .00
I.....--
* IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE
1\ ~~~IINn <:~~ ~~v~~<:~ <:Tn~ n~ TUT<: ~n~M ~n~ T"'<:T~II"'TTn...<: ~
LAST WILL AND TESTAMENT
OF
JOHN E. MINICH
I, JOHN E. MINICH, a legal resident of the Borough of
Carlisle, Cumberland County, Pennsylvania, being of sound and
disposing mind, memory, and understanding, do hereby make,
publish, and declare this as and for my Last Will and Testament,
hereby revoking all other wills and codicils heretofore made by
me.
FIRST: I direct that all my just debts and funeral
expenses, including my grave marker, shall be paid from the
assets of my estate as soon as practicable after my decease.
SECOND: I direct that all taxes that may be assessed
in consequence of my death, of whatever nature and by whatever
jurisdiction imposed, shall be paid from my residuary estate as a
part of the expense of the administration of my estate.
THIRD: I bequeath those articles of my household
furnishings, personal effects, and personal property as set forth
in a separate memorandum, which I intend to sign and keep with my
copy of this Will, to the persons named in that memorandum.
FOURTH: I devise and bequeath the residue of my
estate, of every nature and wherever situate, to my wife, HAZEL
L. MINICH, provided she shall survive me by thirty (30) days.
Should my wife, HAZEL L. MINICH, predecease me or, die on or
before the thirtieth day following my death, I devise and
bequeath the residue of my estate, of every nature and wherever
situate, to my children, ELLSWORTH GERNARD MINICH and ROSIE MARIE
MINICH-BURTON, equally, provided that the share of any child who
predeceases me or dies on or before the thirtieth day followi~
my death shall be distributed to his or her issue ,peiPstirpe~,_l';'
living on the thirty-first day following my death, ancf~~ de@llt;';)":-l ;~B
of any such then-living issue, such share shall be adq;~d2(t:p tt~ r~~;;:':..-)
share for my other child. :~'-5:tn ~~:;;3
;;:~ u5 5? CJ1 S:j pq
FIFTH: I nominate, constitute and appoine::~=>wif~, ,~-~
HAZEL L. MINICH, Executrix of this, my Last will and T~st~menE. ~___'~_~_:__"~l~,f
In the event of the renunciation, death, resignation,~~ ~'"
inability to act for any reason whatsoever of the saier' HAZELc::lli. ',')
MINICH, I nominate, constitute, and appoint my children, U)
ELLSWORTH GERNARD MINICH and ROSIE MARIE MINICH-BURTON,
Executors, or the survivor as Executor, of this, my Last will and
Testament. I hereby relieve my Executrix or her successor from
,J.t. ?&
Vinitia s
thenecess;ity of posting security in connection with their duties
as such in any jurisdiction in which they may be called upon to
act, insofar as I am able by law so to do.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last will and Testament, consisting of two NO
typewritten pages, each of which bears my initials, this ~--
day of 5~PTF~e.p( , 1994.
E. ~<ic~~4
( SEAL)
Signed, sealed, published, and declared by the above-
named Testator, John E. Minich, as and for his Last will and
Testament, in the presence of us, who, at his request, in his
sight and presence, and in the sight and presence of each other,
have hereunto subscribed our names as witnesses.
~~~
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF CUMBERLAND
I, John E. Minich, Testator, whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last will; that I signed it
willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
, ,:', '..,_ .' 'C, " --, -, - "-,-,,.'
E. Minkh, ~~!hT~:;t:~~~'?'~~~;O ~~ac~~~W~~d~~ by John
1994.
11
?stator,
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X16A,..k) f L1tu~
Notary Public { (\
. 0 NOTARIAL SEAL
SUSAN K. GUYER, Notary Public
Carlisle. cumberlancl County
AFFIDAVIT My Commission ExpiresSept4,1995
P. 1II;::;L
John'E. Minich (
COMMONWEALTH OF PENNSYLVANIA )
SSe
COUNTY OF CUMBERLAND
We, Edward L. Schorpp and ~e'EiR, M. (jLM-lL ,
the witnesses whose names are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw Testator sign and execute the
instrument as his Last will; that John E. Minich signed willingly
and that he executed it as his free and voluntary act for the
purpose therein expressed; that each of us in the hearing and
sight of the Testator signed the Will as witnesses; and that to
the best of our knowledge the Testator was at that time eighteen
or more years of age, of sound mind, and under no constraint or
undue influence.
Sworn or alfi~ed
L. SChO~. and K.b~E~\ f:.l...
day of - I"'~~
~d subscribed to before me by Edward
l1L~ , witnesses, this ~
, 1994.
~f~ (SEAL)
witness, Edward L. Schorpp
r4rW- HY~
witness
Q.\ ,jr\f
nlf:7N1-A \ ~ ~y.U,-J
N6tary Public (\ f\
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NOT ARIAl SEAL .
SUSAN K. GUYER. Notary Public
Carlisle. cumbe~\ancl County Q
My commission Expires Sept. 4.1 ",95
(SEAL)
(SEAL)