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Home My WebLink About12-18-07 IN RE: ESTATE OF FANNIE L. MANNING DECEASED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : ESTATE #2006-00479 C~ ~'.~--~~ -TJ ! --~_. t~~ r--.) = (;.:,.) ......J CJ r" CJ 5: ESTATE SETTLEMENT AGREEMENT ESTATE OF FANNIE L. MANNING :~: :-'1 :- :=:1 c::> >.....; \.lJ .-' w AGREEMENT executed this 6th day of December, 2007, by and bet\.teen Joal'tn Kolish and Dorothy Hajdu, Residuary Beneficiaries, and Jeffrey E. Piccola, Executor of the Estate of Fannie L. Manning. WITNESSETH: WHEREAS, Fannie L. Manning, died on May 28, 2006, having first made and published her Last Will and Testament, wherein she named Jeffrey E. Piccola, Executor. Letters Testamentary were issued by the Cumberland County Register of Wills on June 2, 2006; and WHEREAS, the Executor, represented by Leonard Tintner, Esquire, and Boswell, Tintner, Piccola & Alford, has proceeded with the administration of said estate, and has paid all proper bills and debts for the estate and has prepared an Inventory and a Pennsylvania Inheritance Tax Return, which documents have been filed with the Register of Wills of Cumberland County and the Federal Government, on February 26, 2007. Supplemental returns were filed the Cumberland County Register of Wills and the Federal Government on May 24,2007. Said return was accepted by the Federal Government s filed on July 30,2007. The Commonwealth of Pennsylvania has -1- ~. 4 verbally accepted the Supplemental Return as filed, but has not formally issued the closing yet as of the date of this agreement; and WHEREAS, the Executor and the heirs have examined the income and expense statements for the estate pertinent to the estate assets, income earned and expense paid during the course of the administration; and WHEREAS, the Executor, Jeffrey E. Piccola, has prepared a First and Final Account, which is attached hereto, and that the net estate of the decedent shall be distributed pursuant to the Last Will and Testament, wherein the beneficiaries receive their share of the Estate as follows: Cocklin Church & Graveyard Association (As per Item IX of the Last Will and Testament) $50,000.00 West Shore Human Society (As per Item X of the Last Will and Testament) $25,000.00 East Shore Human Society (As per Item XI of the Last Will and Testament) $25,000.00 Church of God of Shiremanstown, Pennsylvania (As per Item XII of the Last Will and Testament) $25,000.00 These distributions were paid in April 2007, and the Estate has signed Releases from each heir. As per Item VIII, Darlene Murray received the unused cemetery lots in Rolling Green Cemetery. The residuary bequests to Joan Kolish and Dorothy Hajdu, are as follows: -2- As Per Item XIII, Joan Kolish and Dorothy Hajdu, receive 50% each of the residuary estate. Joan Kolish Advance Distribution - 12/7/2006 Advance Distribution - 5/24/2007 Advance Distribution - 9/18/2007 Subtotal $100,000.00 $200,000.00 $100,000.00 $400,000.00 50% share of Residuary Estate $1,091,675.55 $545,837.78 Total Distribution $945,837.78 Dorothy Haidu Advance Distribution - 12/7/2006 Advance Distribution - 5/24/2007 Advance Distribution - 9/18/2007 Subtotal $100,000.00 $200,000.00 $100,000.00 $400,000.00 50% share of Residuary Estate $1,091,675.55 $545,837.78 Total Distribution $945,837.78 NOW THEREFORE, the parties hereto intending to be legally bound hereby, mutually agree, as follows: 1. Pennsylvania Inheritance Tax. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the Pennsylvania Inheritance Tax Return form relating thereto, and finds them to be true and correct, and acceptable to the parties hereto and each of them, and further that they have received a copy of these documents. -3- 2. Release and Discharge. The parties hereto do hereby release, remise and forever discharge the Estate of Fannie L. Manning, the Executor and the attorney for the Estate, of and from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or their legal representatives or assigns may at any time hereafter have, against the Executor, the said Estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said Estate and/or any claim or interest thereto or therein, and the administration, management, collection, sale or distribution of any of the said assets and for or on account of any money, interest, income, assets or proceeds out of the same, from the time of the death of the said decedent to and including the date of this Agreement and release. 3. Distribution. The beneficiaries under the Last Will & Testament agrees to distribution as follows: (a) Taxes. The Inheritance Tax returns were filed with the Register of Wills of Cumberland County and the Federal Government, on February 26, 2007. Supplemental returns were filed the Cumberland County Register of Wills and the Federal Government on May 24,2007. Said return was accepted by the Federal Government on as filed on July 30,2007. The Commonwealth of Pennsylvania has verbally accepted the Supplemental Return as filed, but has not formally issued the closing yet as of the date of this agreement; -4- (b) Creditors' claims. All claims of the creditors, as known to the Executor have been paid. (c) Residuary distribution. Distribution to the residuary beneficiaries will be made of the balance of the estate, after payment of all debts, taxes, and bequests. 4. Final agreements. This instrument is a full and final Family Settlement Agreement by and between the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded, and executed after a full and complete disclosure of the estate assets, the obligations, and the rights of the parties and of all the parties to, and each of them, agree to abide by these terms. 5. Requirement to execute documents. All of the parties to, and each of them, agree that they will at all times in the future and whenever necessary, appropriate or convenient, make, execute and deliver to the said Executor and to the othE~r party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Agreement and/or to permit, assist and enable the Executor to fulfill his duties with reference to the said estate and all of the assets and obligations. 6. Entire agreement. This Agreement constitutes the entire understanding among these parties to, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them previously by the Executor or by any other person or party upon her behalf. -5- 7. Heirs. This Agreement shall enure to the benefit of and shall be binding upon, these parties to, and each of them, their heirs, executors, administrators, successors and assigns. 8. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. 'J):nce of: ~ ~. Cfk) -6- 8. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. ~esence of: ~ L/:ft , ()JY\J &-~ AN KOLlSH, BENEFICIARY -7- 8. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. );:::c?& /l<fflJ~ I, (~ 12J~lol DOROTHY AJDU, BE EFICIARY -8-