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Home My WebLink About09-11-07 (2) ESTATE OF GEORGE R. COMMERER File No. 21-06-00629 F AMIL Y SETTLEMENT AGREEMENT TIllS AGREEMENT made this ~ day of ~}~ ,2007 BETWEEN: G. DAVID COMMERER, LINDA D. MILLER, and JERRY A. WEIGLE, TRUSTEE FOR LINDA D. MILLER TRUST, being the legatees under the Last Will and Testament of George R. Commerer, late of the Township of Southampton, Cumberland County, Pennsylvania, AND (/"\ G. DAVID COMMERER, Executor of the Estate under the Last Will and \ -.j,' "II Testament of George R. Commerer, deceased, ..- ., ( ., -1-_' WHEREAS, George R. Commerer died July 4, 2006, testate, and under his Wilt' left his estate to the parties herein; and WHEREAS, Letters Testamentary were granted to G. David Commerer on July 13,2006, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late George R. Commerer have been liquidated or distributed and all his 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 parties hereto desire 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 desire that a Family Settlement Agreement be 7'"- 'v. WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 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 G. David Commerer, Executor, from all claims and demands whatsoever arising out of settlement of the Estate of George R. Commerer. 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 representative 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 representative 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. WITNESS: J- I{;L;;;~/ ^' t?~/c(~ A .~7- /;[;{,. a;"/ ./1 -t_L-f. '-L e) ~ Al~ __,J;( t:~..~/c~ ~. L ~v, -- (SEAL) G. David Commerer SEAL) (SEAL) WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEAL TH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the ,,- ~~:' ~/) day of f J , "<: X~4j~.0- '\-l-'~{,.~, , / , 2007, before me, the undersigned officer, personally appeared G. DAVID COMMERER, LINDA D. MILLER, and JERRY A. WEIGLE, 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. .%."l, /( l(~{" (SEAL) WEIGLE & ASSOCIATES, Pc. - 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. 21-06-00629 ----.- --.-- - - ---- Estate of George R. Commerer, Deceased - ----- - - --- --.- Late of Southampton Township Account G. David Commerer, 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: 196-14-2536 20-7009107 07/04/2006 None 07/13/2006 08/08/2006 07/04/2006 to 08/22/2007 Purpose of Account: G. David Commerer, 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 George R. Commerer, Deceased For the period of July 4. 2006 throuah Auaust 22. 2007 Fiduciary Current Acquisition Paae Value Value Proposed Distributions to Beneficiaries 10 4,253.86 4,253.86 PRINCIPAL Receipts: This Account 1 - 2 75,497.20 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 75,497.20 Less Disbursements: Debts of Decedent 3 587.94 Funeral Expenses 3 11,048.40 Administration Expenses 3-4 662.50 Federal, State & Local Taxes 4 8,362.36 Commissions 0.00 Fees 4 10,323.00 Family Exemption 0.00 30,984.20 Balance Before Distributions 44,513.00 Transfer to (from) Principal 976.50 Distributions to Beneficiaries 5 41,235.64 Principal Balance on Hand 6 4,253.86 For Information: Investments Made Changes in Holdings 7 INCOME Receipts This Account 8 976.50 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 976.50 Less Disbursements 0.00 Balance Before Distributions 976.50 Transfer to (from) Income -976.50 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 9 4,253.86 Verification 11 SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Cash 07/04/2006 Citizens Bank Certificate of Deposit 14,867.29 #6140-700418 07/04/2006 Accrued interest on above item through date of 18.27 death 07/04/2006 Citizens Bank Certificate of Deposit 13,654.86 #6140-701376 07/04/2006 Accrued interest on above item through date of 19.93 death 07/04/2006 Citizens Bank Certificate of Deposit 7,097.23 #6140-721687 07/04/2006 Accrued interest on above item through date of 22.62 death 07/04/2006 Citizens Bank Certificate of Deposit 9,925.55 #6244-108170 07/04/2006 Accrued interest on above item through date of 30.11 death 07/04/2006 Citizens Bank Checking Account #610079-861-5 24.878.93 07/04/2006 Citizens Bank Statement Savings Account 2.547.37 #6140-288916 07/04/2006 Accrued interest on above item through date of 0.44 death Total Cash 73.062.60 Personal Property 07/04/2006 Coins - appraised value 14.75 07/04/2006 Personal Property - appraised value 1,540.00 Total Personal Property 1.554.75 Total Inventory 74.617.35 Subseauent Principal Receipts 07/04/2006 Allstate Insurance - auto premium refund 26.00 1 SCHEDULE A RECEIPTS OF PRINCIPAL Continued 11/17/2006 American General Life Insurance Company - final payment on contract American General Life Insurance Company - benefit payment Citizens Bank - IRA benefit check U. S. Treasury - 2006 1040 federal income tax refund Total Subsequent Principal Receipts Total Adjustments and Subsequent Receipts 619.10 07/18/2007 124.00 07/15/2006 02/15/2007 45.40 65.35 Total Receipts of Principal 2 Fiduciary Acquisition Value 879.85 879.85 75.497.20 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 07/25/2006 Citizens Bank Checking Account #610079-861-5 62.31 - checks clearing after date of death 07/27/2006 Cingular Wireless 23.89 07/27/2006 Shippensburg Animal Hospital 92.69 07/27/2006 Upperman's Water Treatment Service 167.37 08/01/2006 Comcast Cable 50.92 08/17/2006 Linda Miller - reimbursement for payment of 37.10 debt of decedent to Beedle's Flowers 09/14/2006 Penelec 153.66 Total Debts of Decedent 587.94 Funeral Expenses 07/27/2006 FaHoLo Sunday School Class - reception 300.00 07/27/2006 Fogelsanger-Bricker Funeral Home 10.748.40 Total Funeral Expenses 11.048.40 Administration Expenses 07/13/2006 Register of Wills, Cumberland County - Letters 248.00 Testamentary and Short Certificates 07/19/2006 Cumberland Law Journal - advertising Letters 75.00 Testamentary 09/12/2006 News Chronicle - advertising Letters 92.75 Testamentary 09/26/2006 Ibis Appraisal Services - appraisal of coins 15.00 09/26/2006 Terry L. Shetter Auctioneer Service - appraisal of 100.00 personal property 11/03/2006 Register of Wills, Cumberland County - 1 Short 4.00 Certificate 3 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 02/21/2007 Linda K. Klein - notary fee 12.00 02/21/2007 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 02/21/2007 Register of Wills, Cumberland County - 1 Short 4.00 Certificate 02/21/2007 Weigle & Associates, P.C. - reserve for filing 75.00 Family Settlement Agreement with Register of Wills, Cumberland County 02/21/2007 Weigle & Associates, P.C. - reimbursement for 21.75 postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses 662.50 Federal. State & Local Taxes 09/26/2006 Register of Wills, Cumberland County - PA 8.000.00 Inheritance Tax payment at discount 02/21/2007 Register of Wills, Cumberland County - PA 362.36 Inheritance Tax balance due Total Taxes 8.362.36 Fees 02/21/2007 Weigle & Associates, P.C. 10.323.00 Total Fees 10.323.00 TOTAL DISBURSEMENTS OF PRINCIPAL 30.984.20 4 TRANSFERS TO (FROM) PRINCIPAL Date Description 08/16/2007 Income transferred to principal Amount 976.50 976.50 Transfers To (From) Principal - 1 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL G. David Commerer 02/22/2007 07/25/2007 07/25/2007 Cash Coins Personal Property Linda D. Miller Trust 08/17/2006 Vivian F. Coy, Tax Collector - 07-15-2006 real estate taxes paid for Linda D. Miller Allstate Insurance - homeowner's premium paid for Linda D. Miller Cash 12/21/2006 02/22/2007 20.000.00 14.75 1.540.00 1.293.46 387.43 18.000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 5 21.554.75 19.680.89 41.235.64 # Units PRINCIPAL BALANCE ON HAND Description Cash Orrstown Bank Estate Checking Acc 6 Total Cash Current Value 08/22/2007 or as Noted 4.253.86 4,253.86 4.253.86 Fiduciary Acquisition Value 4.253.86 4.253.86 4.253.86 Coins 07/04/2006 07/25/2007 Personal Property 07/04/2006 07/25/2007 # Units SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS inventoried distributed inventoried distributed 7 Total Cost 14.75 -14.75 0.00 1.540.00 -1.540.00 0.00 0.00 SCHEDULE G RECEIPTS OF INCOME Interest/Bank Citizens Bank Certificate of Deposit #6140-700418 02/20/2007 interest date of death to closing Citizens Bank Certificate of Deposit #6140-701376 02/20/2007 interest date of death to closing Citizens Bank Certificate of Deposit #6140-721687 02/20/2007 interest date of death to closing Citizens Bank Certificate of Deposit #6244-108170 02/20/2007 interest date of death to closing Citizens Bank CheckinQ Account #610079-861-5 07/25/2006 interest date of death to closing Citizens Bank Statement SavinQs Account #6140-288916 07/25/2006 interest date of death to closing TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 8 285.07 285.07 262.35 262.35 173.73 173.73 246.36 246.36 8.85 8.85 0.14 0.14 976.50 976.50 TRANSFERS TO (FROM) INCOME Date Description 08/16/2007 Income transferred to principal Amount -976.50 -976.50 Transfers To (From) Income - 1 # Units COMBINED BALANCE ON HAND Description Cash Orrstown Bank Estate Checking Acc 9 Total Cash Current Value 08/22/2007 or as Noted 4.253.86 4.253.86 4.253.86 Fiduciary Acquisition Value 4.253.86 4.253.86 4.253.86 PROPOSED DISTRIBUTIONS TO BENEFICIARIES TO: G. David Commerer Cash - One-half of estate - $22,744.75, less prior distributions of Coins - $14.75; Personal Property - $1,540.00; and Cash - $20,000.00 TO: Linda D. Miller Trust Cash - One-half of estate - $22,744.75, less prior distributions of Taxes and Insurance paid - $1,680.89; and Cash - $18,000.00 Total 10 Current Value 08/22/2007 or as noted 1.190.00 1.190.00 3.063.86 3.063.86 4.253.86 Fiduciary Acquisition Value 1.190.00 1.190.00 3.063.86 3.063.86 4.253.86 . . In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06- Estate of George R. Commerer, Deceased Verification G. David Commerer, Executor under the Last Will and Testament of George R. Commerer, 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. /Y i-? ~-~. - - -~--- , G. David Commerer Dated: 7'/ ~/ 0'7 11