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ESTATE OF JOSEPH FINK
File No. 21-05-0959
FAMILY SETTLEMENT AGREEMENT
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THIS AGREEMENT made this 2-0 -day of If)^-~
,2007,
BETWEEN: SUSAN ANN FINK, being the legatee under the Last Will and
Testament of Joseph Fink, late of the Borough of Shippensburg, Cumberland County,
Pennsylvania,
AND
SUSAN ANN FINK, Executrix of the Estate under the Last Will and Testament
of Joseph Fink, deceased,
WHEREAS, Joseph Fink died October 19, 2005, testate, and under his Will left
his estate to the party herein; and
WHEREAS, Letters Testamentary were granted to SUSAN ANN FINK on
October 31, 2005, by the Register of Wills of Cumberland County, Pennsylvania; and
WHEREAS, all assets of the late Joseph Fink 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 Executrix,
the said party hereto desires to waive the duty of the Executrix 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
4
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
II
be executed, which Family Settlement Agreement will be duly recorded among the
deed records in and for Cumberland County.
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 her distributive share as therein
shown, does bind herself to the said Distribution and Accounting as set forth and further
mutually releases Susan Ann Fink, Executrix, from all claims and demands whatsoever
arising out of settlement ofthe Estate of Joseph Fink.
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, I do hereby covenant and agree
with the aforesaid personal representative that I will contribute pro rata my 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 her hand and seal the day
and year first above written.
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WITNESS:
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
1
5-mTE of fV\lfV(V~S07A
€OMMONWEAL TII OF PENN8YL V.\NV\-
IIttJf'J e PIAl SS
COUNTYO~UMDERLAND
On this, the ,;)d (!J day of ~_.~
before me, the undersigned officer, personally appeared SUSAN ANN FINK, known to
, 2007,
me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
iJ~ (SEAL)
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WEIGLE & ASSOCIATES. P.C - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-05-0959
Estate of Joseph Fink, Deceased
Late of Borough of Shippensburg
Account
Susan Ann Fink, Executrix
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:
508-40-7336
20-6709178
10/19/2005
None
10/31/2005
01/20/2006
10/19/2005
to
09/30/2007
Purpose of Account: Susan Ann Fink, Executrix, 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
SUMMARY OF ACCOUNT
Estate of Joseph Fink, Deceased
For the period of October 19. 2005 throuah September 30. 2007
Proposed Distributions
to Beneficiaries
Paae
14
Current
Value
Fiduciary
Acquisition
Value
147,500.00
147,500.00
PRINCIPAL
Receipts: This Account
Net Gain (or Loss) on Sales
or Other Dispositions
1 - 2
537,467.25
0.00
Less Disbursements:
Debts of Decedent
Funeral Expenses
Administration Expenses
Federal and State Taxes
Commissions
Fees
Family Exemption
537,467.25
3-4
4
4-6
6
126,478.27
9,346.60
70,323.51
11,834.57
0.00
7,247.50
0.00
225,230.45
312,236.80
0.00
186,693.09
125,543.71
6
Balance Before Distributions
Transfer to (from) Principal
Distributions to Beneficiaries
Principal Balance on Hand
7
8
For Information:
Investments Made
Changes in Investment Holdings 9
INCOME
Receipts
This Account
10
22,523.29
0.00
22,523.29
567.00
21,956.29
0.00
0.00
21,956.29
Net Gain (or Loss) on Sales
or Other Dispositions
Less Disbursements
11
Balance Before Distributions
Transfer to (from) Income
Distributions to Beneficiaries
Income Balance on Hand
12
For Information:
Investments Made
Changes in Investment Holdings
COMBINED BALANCE ON HAND
Verification
13
15
147,500.00
. .
SCHEDULE A
RECEIPTS OF PRINCIPAL
Fiduciary
Acquisition
Value
Cash
1 0/19/2005 320 East Burd Street, Borough of Shippensburg, 981.97
Cumberland County, PA - proration of real
estate taxes at settlement
10/19/2005 F & M Trust Checking Account #34-09333 4.926.94
10/19/2005 Accrued interest on above item through date of 0.35
death
10/19/2005 F & M Trust Savings Account #08-10666 88.30
10/19/2005 M & T Bank Checking Account #97232564 1.542.21
10/19/2005 Accrued interest on above item through date of 0.11
death
10/19/2005 M & T Bank Savings Account 015004206834332 18,526.10
10/19/2005 Accrued interest on above item through date of 3.30
death
10/19/2005 Thrift Savings Plan Account 39,734.96
Total Cash 65.804.24
Personal Property
10/19/2005 1986 Cadillac Automobile - not running at date 2.000.00
of death, proceeds of sale
10/19/2005 1998 Lincoln Automobile - not running at date of 500.00
death, proceeds of sale
10/19/2005 Personal Property - gross proceeds of public 21.564.00
sale 10-27 & 28-2006
Total Personal Property 24,064.00
Real Estate
10/19/2005 316 East Burd Street, Shippensburg, 147.500.00
Cumberland County, PA
10/19/2005 318 East Burd Street, Borough of Shippensburg, 86.000.00
Cumberland County, PA - gross proceeds of
sale 12-28-2006
10/19/2005 320 East Burd Street, Borough of Shippensburg, 130,000.00
Cumberland County, PA - gross proceeds of
sale 9-29-2006
1
Subseauent Principal Receipts
318 East Burd Street, Borough of Shippensburg,
Cumberland County, PA - proration of real
estate taxes at settlement
Contribution from Susan A. Fink - for payment
of inheritance tax interest and penalty, and
payment of debts (May through September)
Contribution from Susan A. Fink for payment of
attorney fees
Contribution from Susan A. Fink for payment of
debts
Jefferson Pilot Financial Insurance Company -
life insurance proceeds contributed to estate for
payment of debts by Susan A. Fink, beneficiary
Susan A. Fink final contribution to estate - for
payment of F & M mortgage on 316 East Burd
Street ($56,764.59); executrix expenses
($1,896.22); executrix reimbursements for
vehicle maintenance expense ($9.82), postage
expense ($121.01), and probate costs ($530.50);
all totaling $59,322.15, less final cash on hand in
estate account ($840.69)
Total Subsequent Principal Receipts
Total Adjustments and Subsequent Receipts
"
..
SCHEDULE A
RECEIPTS OF PRINCIPAL
Continued
Total Real Estate
Total Inventory
12/28/2006
09/27/2007
07/19/2007
04/04/2007
10/19/2005
09/30/2007
Fiduciary
Acquisition
Value
363.500.00
453.368.24
456.31
9.000.00
3.299.26
3.000.00
9.861.98
58.481.46
84.099.01
84.099.01
Total Receipts of Principal
2
537.467.25
".
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent
10/19/2005 F & M Trust - date of death mortgage balance on 56,764.59
316 East Burd Street ($75,882.95) less mortgage
payments made during estate administration
($19,118.36)
11/09/2005 Diller Plumbing - repairs 120.00
11/09/2005 Emergency Services - owed at date of death 153.00
11/09/2005 Long Distance Telephone Service 27.01
11/09/2005 Tenant Jumper - return of security deposit 700.00
11/09/2005 Verizon - cell phone billing 101.47
09/28/2006 F & M Trust - mortgage payments on 320 East 5,260.00
Burd Street mortgage from date of death to sale
on 9-29-06
09/29/2006 320 East Burd Street, Borough of Shippensburg, 49,308.69
Cumberland County, PA - real estate settlement
expenses including: payoff of F & M Trust
Company mortgage - $36,680.95; attorney fees -
$225.00; real estate transfer tax - $1,300.00;
overnight fees - $10.00; 2006 county real estate
taxes - $555.27; final water and sewer billing -
$347.15; realtor's commission - $7,800.00;
security deposit - $1,300.00; rent 10/5/06 to
11/1/06 - $1,090.32
11/09/2006 Klinger & Associates - 2005 income tax 475.00
preparation
12/28/2006 318 East Burd Street, Borough of Shippensburg, 9,572.96
Cumberland County, PA - real estate settlement
expenses including: realtor's commission -
$5,160.00; transfer tax - $1,720.00; 2006 county
taxes - $413.70; final oil bill- $260.00; final
utilities bill - $214.26; document preparation -
$85.00; and seller assist - $1,720.00
10/20/2007 M & T Bank Checking Account #97232564 - 466.15
checks clearing after date of death
3
".
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
10/20/2007 M & T Bank Savings Account 015004206834332 - 3,529.40
withdrawals in transit at date of death
Total Debts of Decedent 126,478.27
Funeral Expenses
11/09/2005 Holcombe-Fisher Funeral Home 9,346.60
Total Funeral Expenses 9,346~60
Administration Expenses
11/09/2005 Cumberland Law Journal - advertising Letters 75.00
Testamentary
11/09/2005 Nancy's Lock and Key - changing locks on real 262.22
estate properties
11/09/2005 News Chronicle - advertising Letters 76.25
Testamentary
11/09/2005 Sailhamer Real Estate - market analysis of three 300.00
properties
11/09/2005 Traveler's Insurance - auto premium 427.50
11/15/2005 F & M Trust Estate Checking Account #10-76809 16.75
- estate checkbook and checks
10/27/2006 Expenses of public sale of personal property - 7,540.00
including advertising real estate - $2,156.40;
advertising personal property - $1,076.20; labor -
$2,235.00; auctioneer's fee - $2,156.40
10/31/2006 Register of Wills, Cumberland County - Letters 530.50
Testamentary and Short Certificates
(reimbursement owed to Susan Fink)
11/09/2006 Big Dog Rentals - storage unit rent 646.00
11/09/2006 Borough of Shippensburg - water, sewer, refuse 3,343.29
three properties
11/09/2006 Borough of Shippensburg - real estate taxes 4,214.36
three properties
4
"
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
11/09/2006 John Stee - property maintenance 2.975.00
11/09/2006 Milton Stackfield - estate sale clean-up and trash 4.905.00
removal
11/09/2006 Penn Mar Oil - storage unit rent 771.68
11/09/2006 Penn National and Foremost Insurance 3.040.00
Companies - homeowner's and fire insurance
policies on three properties
11/09/2006 Postage Expense - reimbursement owed to 121.02
Susan Fink, Executrix
11/09/2006 Sollenberger's Title Transfer - sale of Lincoln 39.50
11/09/2006 Zullinger-Brenize - outdoor maintenance of 2.553.82
three properties
02/28/2007 P P & L - heating three properties 8.928.26
03/05/2007 Magisterial District 9-3-01 - snow removal fine 100.50
03/26/2007 Bauserman Snow Service - 316 East Burd Street 75.00
04/17/2007 Borough of Shippensburg - rental license fees 124.00
04/17/2007 SprintlEmbarq - long distance telephone 647.98
charges
04/28/2007 Penelec - electric service three properties 1.989.42
05/09/2007 Maintenance expenses preparing vehicles for 9.82
sale - reimbursement owed to Susan Fink
05/09/2007 Susan Ann Fink - Executrix expenses related to 1.896.22
several trips from Minnesota to Pennsylvania
including: lodging and rental cars ($729.59);
meals ($731.10); and travel expenses ($435.53)
05/18/2007 Orrstown Bank - wire transfer of funds to Susan 20.00
Fink
OS/29/2007 Linda K. Klein - notary fee 20.00
OS/29/2007 P P & L - heating, 316 East Burd Street 1.437.43
OS/29/2007 Register of Wills, Cumberland County - filing PA 15.00
Inheritance Tax Return
OS/29/2007 Weigle & Associates, P.C. - reserve for filing 100.00
Family Settlement Agreement with Register of
Wills, Cumberland County
5
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SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
OS/29/2007 Weigle & Associates, P.C. - reimbursement for 100.00
postage, xerox copies, and long distance
telephone calls
06/27/2007 Sailhamer Real Estate - repairs, 316 East Burd 140.25
Street
07/25/2007 Bauserman Lawn Service - 316 East Burd Street 127.20
08/03/2007 Big Dog Rentals - storage unit rent 699.00
08/03/2007 Foremost Insurance - 316 East Burd Street 675.50
09/18/2007 Angela Facchinei, Tax Collector - 07-01-07 real 1.525.28
estate taxes, 316 East Burd Street
09/30/2007 Borough of Shippensburg - water, sewer, refuse 433.10
316 East Burd Street, June to September
09/30/2007 F & M Trust - mortgage payments made on 316 19.118.36
East Burd Street during estate administration
09/30/2007 F & M Trust Estate Checking Account #10-76809 176.10
- account service charges
09/30/2007 Penelec - electric service 316 East Burd June to 127.20
September
Total Miscellaneous Administrative Expenses 70.3231~1
Federal. State & Local Taxes
06/27/2007 Register of Wills, Cumberland County - PA 11.053.51
Inheritance Tax
09/19/2007 Register of Wills, Cumberland County - PA 781.06
inheritance tax interest and penalty
I
Total Taxes 11.834167
Fees
01/12/2006 Weigle & Associates, P.C. - attorney fees 900.00
12/14/2006 Weigle & Associates, P.C. - attorney fees 1.200.00
OS/29/2007 Weigle & Associates, P.C. - attorney fees 5.147.50
6
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. .,
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
Total Fees
7,247~!2.
225.230~!!.
I
!
TOTAL DISBURSEMENTS OF PRINCIPAL
II
. I! .-
... r \ .
SCHEDULE D
DISTRIBUTIONS OF PRINCIPAL
Susan Ann Fink
08/28/2006
09/29/2006
OS/23/2007
CASH
320 East Burd Street, Shippensburg - proceeds
of sale - CASH
Automobiles - proceeds of sale - CASH
Thrift Savings Plan Account - proceeds - CASH
Public Sale proceeds retained - CASH
318 East Burd Street, Shippensburg - proceeds
of sale - CASH
CASH
200.00
56,673.28
10/01/2006
10/11/2006
11/03/2006
12/28/2006
2,500.00
39,734.96
701.50
76,883.35
10,000.00
186,69a.09
TOTAL DISTRIBUTIONS TO BENEFICIARIES
186,691\t!!!.
7
".
. t I ..
PRINCIPAL BALANCE ON HAND
# Units
Description
Current Value
09/30/2007
or as Noted
Fiduciary
Acquisition
Value .,
"
i!
Cash
Estate Account
Total Cash
-21.956.29
-21.956.29
,
-21.956. 9
-21.956.' 9
Assets
316 East Surd Street, Shippensburg, Cumberland
County, PA
147.500.00
Total Assets
147.500.00
125.543.71
125.543.
8
.... (1 .
. t 1 .
SCHEDULE F
CHANGES IN PRINCIPAL HOLDINGS
# Units
Cost
10/19/2005
inventoried
316 East Burd Street. Shippensbura. Cumberland County. PA
Thrift Savinas Plan Account
10/19/2005 inventoried
10/11/2006 distributed
Total
it
39.734f~6
-39.734f~6
of~
147.50~
"
;1
9
..... I I .
11 'l .
SCHEDULE G
RECEIPTS OF INCOME
Interest/Bank
F & M Trust Checkina Account #34-09333
11/02/2005
interest date of death to closing
0.59
0~'9
II
I!
II
1
381~11
F & M Trust Estate Checkina Account #10-76809
09/30/2007
38.11
TOTAL BANK INTEREST
38 0
Other Income
I
II
I
I
Net Rental Income from Sailhamer Real Estate
02/28/2007
on 318-320 East Burd Street, Shippensburg, PA
21.819.59
21.819 9
Rental Income from 318-320 East Burd Street. ShiDDensbura. PA
11/28/2006
665.00
TOTAL RECEIPTS OF INCOME
10
II!
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'.. ,. I
SCHEDULE I
DISBURSEMENTS - INCOME
Expense I INCOME
PA Department of Revenue
04/17/2007
2006 PA41 fiduciary income tax
158.00
1500
U. S. Treasury
04/17/2007
20061041 fiduciary income tax
409.00
I
!
40 fOO
56 00
TOTAL DISBURSEMENTS OF INCOME
-
III
III .. .
"')11 I y I
INCOME BALANCE ON HAND
Description
Current Value
09/30/2007
or as Noted
Fiduciary .
Acquisition
Value
# Units
Cash
Estate Account
21.956.29
21.95E ~9
21.95l tz9
21.95l ~9
Total Cash
21.956.29
21.956.29
III
. .. . ..
"'JIl I" 2
COMBINED BALANCE ON HAND
147,500.00
Fiduciary
Acquisitio~
Value i
I
I
147,5001 ~O
147,500 )0
147,500 ~O
# Units
Description
Current Value
09/30/2007
or as Noted
Assets
316 East Surd Street, Shippensburg, Cumberland
County, PA
147.500.00
Total Assets
147.500.00
13
)It . ,. I.
III .. . II'
PROPOSED DISTRIBUTIONS TO BENEFICIARIES
TO: Susan Ann Fink
316 East Surd Street, Shippensburg, Cumberland County, PA-
In Kind
Current Value
09/30/2007
or as noted
Fiduciary
Acquisition
Value
147.500.00
147.500.
147.500.00
147.500.
147.500.0
Total
147.500.00
)It . ,. .I
.- ...... ..r
In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-05-0959
Estate of Joseph Fink, Deceased
Verification
Susan Ann Fink, Executrix under the Last Will and Testament of Joseph Fink, 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
falsification to authorities.
v/
Dated:
J( /)) 0
15