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Home My WebLink About08-17-07 (2) ESTATE OF NELLIE M. GARDNER File No. 21-07-0222 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this 5tl!:Jday of ~ ,2007, BETWEEN: THOMAS LARRY GARDNER, being M legatee~6jjer the Lt -_'~'2p ~ Will and Testament Nellie M. Gardner, late of South Newton Township,f?~ber:EPd -' j /"' County, Pennsylvania, r=) .1 -0 -:- N ,-11 AND U1 N THOMAS LARRY GARDNER, Executor of the Estate of Nellie M. Gardner, deceased. WHEREAS, Nellie M. Gardner died February 22, 2007, testate, and under her Will left her estate to the party herein; and WHEREAS, Letters Testamentary were granted to Thomas Larry Gardner on March 9, 2007, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Nellie M. Gardner 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 Executor, the said party hereto desires to waive the duty of the Executor 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 desires that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 \. ').. NOW, THEREFORE, WITNESSETH, that the party 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 his distributive share as therein shown, does bind himself to the said Distribution and Accounting as set forth and further mutually releases Thomas Larry Gardner, Executor, from all claims and demands whatsoever arising out of settlement of the Estate of Nellie M. Gardner. The party hereto does further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, he does hereby covenant and agree with the aforesaid personal representative that he will contribute pro rata his 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 or the aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the party has hereunto set his hand and seal the day and year first above written. WITNESS: -r~ WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this the <t<dJ day of , 2007, before me, the undersigned officer, personally appeared THOMAS LARRY GARDNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Ot NOTARIAL SEAL Jerry A Weigle, Notary Public Shlppensburg, PA Cumberland County Commission Expires October 7,2010 WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-07 -0222 Estate of Nellie M. Gardner, Deceased Late of Township of South Newton Account Thomas Larry Gardner, Executor Social Security #: Tax 10 #: Date of Death: Date of Incapacity, if any: Date of Executor's Appointment: Date of First Complete Advertisement: Accounting for the Period: 170-24-2072 20-7299885 02/22/2007 None 03/09/2007 03/30/2007 02/22/2007 to 07/25/2007 Purpose of Account: Thomas Larry Gardner, Executor, offers this Account to acquaint interested parties with the transactions that have occurred during the 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 1.0. No. 01624 SUMMARY OF ACCOUNT Estate of Nellie M. Gardner, Deceased For the period of February 22. 2007 throuah Julv 25. 2007 Fiduciary Current Acquisition Proposed Distributions Page Value Value to Beneficiaries 9 4,888.69 4,888.69 PRINCIPAL Receipts: This Account 1-2 76,686.56 Net Gain (or Loss) on Sales or Other Dispositions 0.00 76,686.56 Less Disbursements: Debts of Decedent 3 3,551.86 Funeral Expenses 0.00 Administration Expenses 3-4 1,194.63 Federal, State & Local Taxes 4 2,518.64 Commissions 0.00 Fees 4 4,584.00 Family Exemption 0.00 11,849.13 Balance Before Distributions 64,837.43 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 5 60,000.00 Principal Balance on Hand 6 4,837.43 For Information: Investments Made Changes in Holdings INCOME Receipts This Account 7 51.26 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 51.26 Less Disbursements 0.00 Balance Before Distributions 51.26 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 8 51.26 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 4,888.69 Verification 10 SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Cash 02/22/2007 M & T Bank Savings Account #015004214183200 17.138.71 02/22/2007 Accrued interest on above item through date of 42.43 death 02/22/2007 M & T Bank Savings Account #021000001218115 5.613.24 02/22/2007 Accrued interest on above item through date of 2.09 death 02/22/2007 M & T Checking Account #97250082 1.307.93 Total Cash 24.104.40 Personal Property 02/22/2007 Personal Property - proceeds of sale with real 3.000.00 estate 03-15-2007 Total Personal Property 3.000.00 Stocks I Listed 02/22/2007 Prudential Financial - proceeds of sale of 39 3.559.48 shares of stock on 04-17-2007 Total Stocks / Listed 3.559.48 Real Estate 02/22/2007 22 Maple Avenue - Walnut Bottom, South 35.500.00 Newton Township, Cumberland County, PA, gross proceeds of sale 03-15-2007 Total Real Estate 35.500.00 Total Inventory 66.163.88 Subseauent Principal Receipts 03/15/2007 County tax proration at real estate settlement 166.25 04/09/2007 Everett Cash Mutual Insurance Company - 169.00 homeowner's refund 07/03/2007 PA 2006 Property Tax Rebate 250.00 02/22/2007 Penn National Insurance - refund 13.00 1 SCHEDULE A RECEIPTS OF PRINCIPAL Continued 03/16/2007 04/13/2007 03/15/2007 Presbyterian Homes - refund Prudential Insurance - proceeds of 4 life policies School tax proration at real estate settlement Total Subsequent Principal Receipts Total Adjustments and Subsequent Receipts 1.233.73 8.431.17 259.53 Total Receipts of Principal 2 Fiduciary Acquisition Value 10.522.68 10.522.68 76.686.56 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 03/14/2007 Continuing Care Rx 707.47 03/14/2007 PPL Electric Utilities 30.86 03/14/2007 West Shore EMS - Carlisle 125.80 03/15/2007 M & T Checking Account #97250082 - checks 633.81 clearing after date of death 03/21/2007 Carlisle Regional Medical Center 282.00 03/22/2007 Lanc HMA Phys Mgmt Cent Pen 16.08 03/22/2007 PPL Electric Utilities 22.46 03/27/2007 Internal Revenue Service - 2006 federal income 944.00 tax 03/27/2007 PA Department of Revenue - 2006 state income 745.00 tax 03/28/2007 Lanc HMA Phys Mgmt Cent Pen 11.55 04/10/2007 Graham Medical Clinic 32.83 Total Debts of Decedent 3.551.86 Administration Expenses 03/14/2007 Cumberland Law Journal - advertising Letters 75.00 Testamentary 03/14/2007 Register of Wills, Cumberland County - Letters 173.00 Testamentary and Short Certificates 03/15/2007 Real Estate settlement costs - including 647.82 document preparation ($85.00); realty transfer tax ($355.00); and 2007 county taxes ($207.82) 03/21/2007 Register of Wills, Cumberland County - 1 Short 4.00 Certificate 03/26/2007 Register of Wills, Cumberland County - 1 Short 4.00 Certificate 04/05/2007 Carlisle Sentinel - advertising Letters 158.81 Testamentary 3 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 05/10/2007 Linda K. Klein - notary fee 20.00 05/10/2007 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 05/10/2007 Register of Wills, Cumberland County - filing 75.00 Family Settlement Agreement 05/10/2007 Weigle & Associates, P.C. - reimbursement for 22.00 postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses 1.194.63 Federal. State & Local Taxes 05/10/2007 Register of Wills, Cumberland County - PA 2.518.64 Inheritance Tax Total Taxes 2.518.64 Fees 05/10/2007 Weigle & Associates, P.C. 4.584.00 Total Fees 4.584.00 TOTAL DISBURSEMENTS OF PRINCIPAL 11.849.13 4 Thomas Larry Gardner 05/10/2007 Cash SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 60.000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 5 60.000.00 60.000.00 # Units PRINCIPAL BALANCE ON HAND Description Cash Estate Checking Account Total Cash 6 Current Value 0712512007 or as Noted 4.837.43 4.837.43 4.837.43 Fiduciary Acquisition Value 4.837.43 4.837.43 4.837.43 SCHEDULE G RECEIPTS OF INCOME InterestlBank M & T Bank Estate Checking Account 04/03/2007 05/14/2007 06/14/2007 07/13/2007 M & T Bank Savings Account #015004214183200 03/14/2007 M & T Bank Savings Account #021000001218115 03/14/2007 TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 7 2.23 2.93 0.46 0.19 44.77 5.81 44.77 0.68 0.68 51.26 51.26 # Units Description INCOME BALANCE ON HAND Cash Estate Checking Account Total Cash 8 Current Value 07/25/2007 or as Noted 51.26 51.26 51.26 Fiduciary Acquisition Value 51.26 51.26 51.26 # Units COMBINED BALANCE ON HAND Description Cash Estate Checking Account Total Cash Current Value 07/25/2007 or as Noted 4.888.69 4.888.69 4.888.69 Fiduciary Acquisition Value 4.888.69 4.888.69 4.888.69 PROPOSED DISTRIBUTIONS TO BENEFICIARIES TO: Thomas Larry Gardner Cash Total 9 Current Value 07/25/2007 or as noted 4.888.69 4.888.69 4.888.69 Fiduciary Acquisition Value 4.888.69 4.888.69 4.888.69 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-07-0222 Estate of Nellie M. Gardner, Deceased Verification Thomas Larry Gardner, Executor under the Last Will and Testament of Nellie M. Gardner, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her 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: ~ ~> 2fJ{) 7 10