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HomeMy WebLinkAbout10-16-07 : , . EST ATE OF DORIS E. EITH File No. 21-06-606 F AMIL Y SETTLEMENT AGREEMENT THIS AGREEMENT made this 2- &~ day of 9 A---\./'V\.,j:.- (/ ',2007, BETWEEN: ELOISE EITH and KENNETH EITH; LINDA HEIMINK and HENRY HEIMINK; RICHARD EITH and CATHERINE EITH; and WALTER EITH and MARY EITH; being the legatees under the Last Will and Testament of Doris E. Eith, late of the Borough of Shipp ens burg, Cumberland County, Pennsylvania, AND SAMUEL S. ZEMAN, Executor of the Estate under the Last Will and Testament of Doris E. Eith, deceased, WHEREAS, Doris E. Eith died April 17, 2006, testate, and under her Will left her estate to the parties herein; and WHEREAS, Letters Testamentary were granted to Samuel S. Zeman on July 10, 2006, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Doris E. Eith 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 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 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 Samuel S. Zeman, Executor, from all claims and demands whatsoever arising out of settlement of the Estate of Doris E. Eith. 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: //;~~) ,,' '.-f --::;....".~_. - I" '- -,,~--- ",,/_'_ fI._ ! '. . ), II . u' ' ~dia ' ~ ' ! /(~-t) <..;C~, /:J Eloise Eith (SEAL) / j ./'....~ /;:. /" '-~, .,~,---~) ~~:_-" 1 ')/;t (// "7 - /' ~t; ~-~' N . , J' 1_.--' /' " ,/ ,-- · ,,' /_" ... ~_.-4t-/1, /< ,(3 ~ :..7(( - Kenneth Eith (SEAL) WEIGLE & ASSOCIATES. p,c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 &;1 i. ., .' ft ' .'j " . 0@t1A 1!~Y'-'--' ~ryu ~ JqJ) '1..-( L- rh:1A(l~V'-d. -6& .t..-V'--. ~'11v:)- ----12d1/J - ." I, ~TCJ-",,'-.f1{SEAL ) . ) \?t~> tt~,Q <;~+l Richard Eith (S-Iltff<<'''''",,, .i"'''" \.-"!)NIHS ';'-- \\' .!!.O ........ h '":. I' ~.. 60..." - \' ..- --n.". ~ "':a. ~.. 0'0.. 0 ~ ~ ~:"., ::Jlf.t:l ~\ ',)) ~ ~ 1lj:!II "'"~.....: l- ~ ~~~.., \)' :~~ ~ ~) . ~ ~ ~ :-... ":.. ':/ a... ; ~ ...vo.:\S)';-''''' '.:'). ~ ... ". .,..... .0.. \~ ~ ....o8if'~... \ '"=:.. -(~.::......" .., --.;:c:tvg II" ""//'.1'/#/" (~iu."''''' ~,," ~f\R Y p ",,,''- ~" ~ ......... 0 ( ""~ ~ ....~""oi~... ~~ ~ ...~~ ~... ~ :: Ie; ilO.'. ~ : i .OTA.f; lio l :. = :(SE',~ -: = = : ~/;;:,/"" : = ~~\ ~'ut / ~ ~~.tif.6 . ~ '\ ~'..:-ty -rA ....~~ ~.,. o......2J.~~;~~f:j ~ "'",," IVA s,,\~ """, "I'It" /Ill "',,\' Ct:CA-l/~4~" Catherine Eith .....------- ::=-' , 6 "JcJv, Walter Eith ~ WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG. PA 17257-1397 .' \ I, STATE OF NEW JERSEY COUNTY OF e - e ~ (c. ~ '" L. SS On this, the -s day of ()~ L , 2007, ~--z 7 (.- before me, the undersigned officer, personally appeared ELOISE EITH and KENNETH EITH 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 ~d official seal. , /C ^~ t - ~. -, ,.....~....,' ' ,,,d:. .0",/ '~_~~J' ./ ..u..LSEAL) DONNA J. CAMINO NOTARY PUBLIC OF NEW JE~SEY I ,.' My Commission Exprires /1/ -:.;/!.!t,'I /' .2. STATE OF COLORADO SS COUNTY OF f}/(I-l?il (tee "'II On this, the q I {J , ~j ~/:1 before me, the undersigned officer, personally appeared LINDA HEIMINK and HENRY day of , 2007, HEIMINK 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) t!4/ /hi )>1 ir b;tf?/;-~> /p/~/~ l' WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 .' STATE OF WASHINGTON SS COUNTY OF 1(/179 On this, the I ( 5'en -Ie tYl b{ 1'-' I before me, the undersigned officer, personally appeared RICHARD EITH and day of , 2007, CATHERINE EITH 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. """""",,, \11' C)~\~S~A.1......... ~. \' 0'); .......... ". 'Yo ... ,\ ~ ..' GO-go", "::. 0- ,(~DAL'o .... , . ~~ :'l JI"1C1 -V.... 4.. ~ . ~:C? ~ ~l-' ~ cr: UJ '-.... t:y : CI) ~ 'UJ:'f -(Jv. : ~ ~ -z.:.....c+; vY.LON,/ ~ ~~"';>i' . 0,' ~ ":..~ .....~OISS\'4'\~... \' ~& .........~ ,\ ---_!3lj'i/g 1,11 ....""////11111 fYJaA ..~.J /J STATE OF WASHINGTON SS COUNTY OF KAt\-~ On this, the ( {,r b - day of A U be S\ , 2007, before me, the undersigned officer, personally appeared W ALTER EITH and MARY EITH 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. '''"11' ~\\\\\\ '"11/1. ~,'\ 0'1 PO 1..1. 1/", ~ ~~"po"""'" '.11 ,,~ IN WITNESS WHEREOF, I hereunto set my hand and official ~......~,'Oll It;;..... % :! ... ~ ~... ~ = ! ~ ~"lARr tit \ ~ = . c.. ..~ .- ~ \ \ ;;~~Lj~j " '. .,~~ ~,~ '..::t{ Y 22 .... ~ ~ ~, ..,,.i...........~~~ ~" """/ OF W.... \\\", 11111//1111 \1\\\\\ WEIGLE & ASSOCIATES, P.c. - 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. 21-06-606 ---- -----_.----- ._-------- ---_.__.--------_.-----_._~ - ---- -.-----.'.-------- - Estate of Doris E. Eith, Deceased --_._.._-_._--------------_.,-.~-----'----------- Late of Borough of Shippensburg Account Samuel S. Zeman, Executor Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Executor's Appointment: Date of First Complete Advertisement: Accounting for the Period: 150-05-4473 20-6988308 04/17/2006 None 07/10/2006 07/14/2006 04/17/2006 to 06/12/2007 Purpose of Account: Samuel S. Zeman, 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 I.D. No. 01624 . J . . .; " SUMMARY OF ACCOUNT Estate of Doris E. Eith, Deceased For the period of April 17, 2006 throuah June 12. 2007 Fiduciary Current Acquisition Paae Value Value Proposed Distributions to Beneficiaries 6 17,327.59 17,327.59 PRINCIPAL Receipts: This Account 1 39,305.58 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 39,305.58 Less Disbursements: Debts of Decedent 2 3,465.14 Funeral Expenses 2 3,120.80 Administration Expenses 2-3 473.50 Federal and State Taxes 3 7,918.55 Commissions 3 3,500.00 Fees 3 3,500.00 Family Exemption 0.00 21,977 .99 Balance Before Distributions 17,327.59 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 0.00 Principal Balance on Hand 4 17,327.59 For Information: Investments Made Changes in Investment Holdings INCOME Receipts This Account 0.00 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 0.00 Less Disbursements 0.00 Balance Before Distributions 0.00 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Investment Holdings COMBINED BALANCE ON HAND 5 17,327.59 Verification 7 SCHEDULE A RECEIPTS OF PRINCIPAL 04/17/2006 04/17/2006 Cash Ocean First Checking Account #05008007876 Accrued interest on above item through date of death 37,467.07 29.50 Total Cash 04/17/2006 Stocks I Listed MetLife - 23 shares, proceeds of sale Total Stocks / Listed 1.238.14 04/17/2006 Bonds U. S. Treasury - savings bond redemption Total Bonds 44.58 Total Inventory 07/11/2006 05/12/2006 09/27/2006 Subseauent Principal Receipts Chambers Bridge Residence - refund National Church Residences - refund New Jersey Natural Gas - refund Total Subsequent Principal Receipts Total Adjustments and Subsequent Receipts 510.00 13.00 3.29 Total Receipts of Principal 1 Fiduciary Acquisition Value 37,496.57 1.238.14 44.58 38.779.29 526.29 526.29 39.305.58 " SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 07/12/2006 James E. Rotolo, M.D. 11.81 07/12/2006 Ocean County Family Care 67.56 08/15/2006 Comcast Cable 28.20 08/15/2006 Cordia Communications 58.84 08/15/2006 Eloise Eith - reimbursement for payment to 231.48 Merry Maids for cleaning 08/15/2006 Jersey Central Power & Light 7.94 08/15/2006 Menno Haven Penn Hall 3.023.58 08/15/2006 New Jersey Natural Gas 34.85 09106/2006 Cordia Communications 0.88 Total Debts of Decedent 3.465.14 Funeral Expenses 08/15/2006 Leber Funeral Home 1,617.00 11/10/2006 Express Mailing to Leber Funeral Home - 18.80 reimbursement made to Samuel S. Zeman OS/29/2007 Leber Funeral Home - grave marker 1,485.00 Total Funeral Expenses 3.120.80 Administration Expenses 07/07/2006 Register of Wills, Cumberland County - Letters 178.00 Testamentary and Short Certificates 07/12/2006 Cumberland Law Journal - advertising Letters 75.00 Testamentary 08/10/2006 News Chronicle - advertising Letters 92.75 Testamentary 11/14/2006 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 2 ", .. SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 04/11/2007 Linda K. Klein - notary fees 15.00 04/11/2007 Weigle & Associates, P .C. - reserve for filing 75.00 Family Settlement Agreement with Register of Wills, Cumberland County 04/11/2007 Weigle & Associates, P.C. - reimbursement for 18.75 postage, xerox copies, and long distance telephone calls 04/18/2007 Register of Wills, Cumberland County - 1 Short 4.00 Certificate Total Miscellaneous Administrative Expenses 473.50 Federal, State & Local Taxes 11/14/2006 Register of Wills, Cumberland County - PA 7.918.55 Inheritance Tax Total Taxes 7,918.55 Commissions 11/14/2006 Samuel S. Zeman, Executor 3.500.00 Total Commissions 3.500.00 Fees 11/14/2006 Weigle & Associates, P .C. 3.500.00 Total Fees 3,500.00 TOTAL DISBURSEMENTS OF PRINCIPAL 21.977 .99 3 # Units PRINCIPAL BALANCE ON HAND Description Cash Estate Account Total Cash 4 Current Value 0611212007 or as Noted 17.327.59 17.327.59 17.327.59 t. Fiduciary Acquisition Value 17.327.59 17.327.59 17.327.59 # Units COMBINED BALANCE ON HAND Description Cash Estate Account Total Cash 5 Current Value 06/12/2007 or as Noted 17.327.59 17.327.59 17.327.59 ~ .. Fiduciary Acquisition Value 17.327.59 17.327.59 17.327.59 . . . . . ~ ;. PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 06/12/2007 Acquisition or as noted Value TO: Eloise and Kenneth Eith Cash 8.663.80 8.663.80 8.663.80 8.663.80 TO: Linda and Henrv Heimink Cash 1.925.29 1.925.29 1.925.29 1.925.29 TO: Richard and Catherine Eith Cash 5.775.86 5.775.86 5.775.86 5.775.86 TO: Walter and Marv Eith Cash 962.64 962.64 962.64 962.64 Total 17.327.59 17.327.59 6 . ~ " In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-606 ____..._ ____.__ ____.______.________.m.___ _____ ..--.-----..-- - -.---------- Estate of Doris E. Eith, Deceased Verification Samuel S. Zeman, Executor under the Last Will and Testament of Doris E. Eith, Deceased, hereby declares under oath that he/she has fully and faithfully disl;harged the duties of his/her office; that the foregoing Account is true and correct and fully disclo~es all significant transactions occurring during the accounting period; that all known claims again;t 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. ~aJYYu~nLJ,~- Samuel '. an Dated: 0-26-07 7