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