HomeMy WebLinkAbout02-19-08 (2)
ESTATE OF BETTY J. LEAPHART
File No. 21-06-1031
F AMIL Y SETTLEMENT AGREEMENT
THIS AGREEMENT made this ~ day of ~ ,2008,
BETWEEN: SUSAN LEAPHART, being the legatee un er the Last Will and
Testament of Betty J. Leaphart, late of the Borough of Shippensburg, Cumberland ,
County, Pennsylvania,
AND
\~,:)
SUSAN LEAPHART, Executrix of the Estate of Betty J. Leaphart, deceased.
WHEREAS, Betty J. Leaphart died October 2, 2006, testate, and under her Will'
left her estate to the party herein; and
WHEREAS, Letters Testamentary were granted to Susan Leaphart on November
21,2006, by the Register of Wills of Cumberland County, Pennsylvania; and
WHEREAS, all assets of the late Betty J. Leaphart 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
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 be executed, which Family Settlement Agreement will be duly recorded
among the deed records in and for Cumberland County.
WEIGLE 6< ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257,1397
\
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 Leaphart, Executrix, from all claims and demands whatsoever
arising out of settlement of the Estate of Betty J. Leaphart.
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, she does hereby covenant and
agree with the aforesaid personal representative that she will contribute pro rata her 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.
/
WITNESS:
-JAM1/11J~
Susan Leaphart
l"
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
eI..
On this the 9 - day of
,-
rJ.A.",,'v-clt '(/
, 2008, before me, a Notary public
in and for said County and State, the undersigned officer, personally appeared SUSAN
LEAPHART, known to 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.
,i~y{ f tc, 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. 21-06-1031
.-------- ---,------.-.-- .----~_.._----_._--_.- ---_.._~_._-_.._.- --_.,._---_...~--------_.-
_._-_._-_._-_.~.._--_.----_.__.__._-----_._-_. .._---._---,,-'-'-.-
Estate of Betty J. Leaphart, Deceased
Late of Borough of Shippensburg
Account
Susan Leaphart, Executrix
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:
204-03-5675
20-7117096
10/02/2006
None
11/21/2006
12/12/2006
10/02/2006
to
01/25/2008
Purpose of Account: Susan Leaphart, 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 1.0. No. 01624
SUMMARY OF ACCOUNT
Estate of Betty J. Leaphart, Deceased
For the period of October 2. 2006 throuah January 25. 2008 Fiduciary
Current Acquisition
Proposed Distributions Page Value Value
to Beneficiaries 12 11,553.99 11,553.99
PRINCIPAL
Receipts: This Account 1 - 2 191,962.61
Net Gain (or Loss) on Sales
or Other Dispositions 0.00
191,962.61
Less Disbursements:
Debts of Decedent 3 3,415.99
Funeral Expenses 3 9,169.00
Administration Expenses 3-4 2,741.69
Federal and State Taxes 4 7,455.77
Commissions 0.00
Fees 4-5 9,413.63
Family Exemption 5 3,500.00 35,696.08
Balance Before Distributions 156,266.53
Transfer to (from) Principal 0.00
Distributions to Beneficiaries 6 149,931.56
Principal Balance on Hand 7 6,334.97
For Information:
Investments Made
Changes in Investment Holdings 8-9
INCOME:
Receiptt) This Account 10 5,219.02
Net Gain (or Loss) on Sales 0.00
or Other Dispositions 5,219.02
Less Disbursements 0.00
Balance Before Distributions 5,219.02
Transfer to (from) Income 0.00
Distributions to Beneficiaries 0.00
Income Balance on Hand 11 5,219.02
For Information:
Investments Made
Changes in Investment Holdings
COMBINED BALANCE ON HAND 11,553.99
Verification 13
SCHEDULE A
RECEIPTS OF PRINCIPAL
Fiduciary
Acquisition
Value
Cash
10/02/2006 Check on hand at date of death - Allied Irish 1.042.97
stock dividend payable 09/26/2006
10/02/2006 Citizens Bank Checking Account #6100800334 41.257.37
10/02/2006 Orrstown Bank Certificate of Deposit IRA - 1.818.05
Account # 30041593, beneficiary Susan
Leaphart, daughter
10/02/2006 Accrued income on above item through date of 4.42
death
Total Cash 44.122.81
Personal Property
10/02/2006 1955 Studebaker Commander 8.150.00
10/02/2006 1979 Motobecane Moped 350.00
10/02/2006 1995 Buick Park Avenue Sedan 400.00
Total Personal Property 8.900.00
Stocks I Listed
10/02/2006 1.623.0000 shares Allied Irish Stock 42.895.89
10/02/2006 2.268.0000 shares Orrstown Bank Stock 83.916.00
Total Stocks / Listed 126.811.89
Total Inventory 179.834.70
Subsequent Principal Receipts
10/02/2006 Commonwealth of Pennsylvania - refund of PA 359.22
inheritance tax on original tax return
01/22/2008 Commonwealth of Pennsylvania - refund of PA 14.43
inheritance tax on supplemental tax return
10/02/2006 Commonwealth of Pennsylvlania - pension 1.002.32
check, October
1
SCHEDULE A
RECEIPTS OF PRINCIPAL
Continued
07/19/2007
Jackson National Life Insurance Company -
Annuity Policy No. 0058880950, proceeds
received 7-19-2007. Susan Leaphart, daughter,
sole beneficiary
U. S. Treasury - 2006 federal income tax refund
Total Subsequent Principal Receipts
Total Adjustments and Subsequent Receipts
10,565.81
10/02/:2006
186.13
Total Receipts of Principal
2
Fiduciary
Acquisition
Value
12,127.91
12,127.91
191,962.61
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent
11/28/2006 Citizens Bank Checking Account #6100800334- 2.254.45
checks clearing after date of death
11/28/2006 R. T. Henry Pharmacy 191.26
01/11/2007 State Employees' Retirement System - refund of 970.28
overpayment
Total Debts of Decedent 3,415.99
Funeral Expenses
11/28/2006 Fogelsanger-Bricker Funeral Home 9.169.00
Total Funeral Expenses 9.169.00
Administration Expenses
10/26/2006 Register of Wills, Cumberland County - Letters 299.00
Testamentary and Short Certificates
11/21/2006 Register of Wills, Cumberland County - 2 Short 8.00
Certificates
11/28/2006 Cumberland Law Journal - advertising Letters 75.00
12/05/2006 News Chronicle - advertising Letters 92.75
Testamentary
03/15/2007 Register of Wills, Cumberland County - 1 Short 4.00
Certificate
03/20/2007 Register of Wills, Cumberland County - 1 Short 4.00
Certificate
05/23/2007 Register of Wills, Cumberland County - 2 Short 8.00
Certificates
06/06/2007 Register of Wills, Cumberland County - filing PA 15.00
Inheritance Tax Return
3
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
06/14/2007 Register of Wills, Cumberland County - 2 Short 8.00
Certificates
10/04/2007 Register of Wills, Cumberland County - filing 15.00
Supplemental PA Inheritance Tax Return
10/05/2007 Bank of New York - indemnity bond for lost 1.255.94
Allied Irish stock certificates
10/05/2007 Linda K. Klein - notary fees 12.00
10/05/2007 Postmaster - certified mailing of Allied Irish 13.10
stock transfer documents and stock certificates
10/05/2007 Register of Wills, Cumberland County - 2 Short 8.00
Certificates ordered 9-18-07
10/05/2007 Weigle & Associates, P .C. - reserve for filing 75.00
Family Settlement Agreement with Register of
Wills, Cumberland County
1 0/05/2007 Weigle & Associates, P.C. - reimbursement for 22.50
postage, xerox copies, and long distance
telephone calls
10/09/2007 Seaboard Security Company - Orrstown Bank 826.40
lost stock certificates, indemnity bond
Total Miscellaneous Administrative Expenses 2.741.69
Federal. State & Local Taxes
10/05/2007 Register of Wills, Cumberland County - 455.77
additional PA inheritance tax on supplemental
tax return
12/19/2007 Register of Wills, Cumberland County - PA 7.000.00
inheritance tax at discount
Total Taxes 7.455.77
Fees
06/06/2007 Weigle & Associates, P.C. 8.991.00
4
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
10/04/2007
Weigle & Associates, P.C. - additional attorney
fee for supplemental inheritance tax return
Total Fees
Familv Exemption
10/03/2006
Susan Leaphart - Family Exemption
Total Familv Exemption
TOTAL DISBURSEMENTS OF PRINCIPAL
5
422.63
3.500.00
9.413.63
3.500.00
35.696.08
Susan Leaphart
10/02/2006
10/02/2006
06/21/2007
06/21/2007
06/21/2007
07/19/2007
10/09/2007
10/09/2007
10/10/2007
SCHEDULE D
DISTRIBUTIONS OF PRINCIPAL
Orrstown Bank Certificate of Deposit IRA -
Account # 30041593
Accrued income on above item through date of
death
1955 Studebaker Commander
1979 Motobecane Moped
1995 Buick Park Avenue Sedan
Jackson National Life Insurance Company -
Annuity Policy No. 0058880950 proceeds
1.623.0000 shares Allied Irish Stock
2.268.0000 shares Orrstown Bank Stock
Cash advanced for payment of school real estate
taxes - Angela Facchinei, Tax Collector
1.818.05
4.42
8.150.00
350.00
400.00
10.565.81
42.895.89
83.916.00
1.831.39
TOTAL DISTRIBUTIONS TO BENEFICIARIES
6
149.931.56
149.931.56
# Units
PRINCIPAL BALANCE ON HAND
Description
Cash
Estate Checking Account
Total Cash
7
Current Value
01/25/2008
or as Noted
6.334.97
6.334.97
6.334.97
Fiduciary
Acquisition
Value
6,334.97
6.334.97
6.334.97
SCHEDULE F
CHANGES IN PRINCIPAL HOLDINGS
# Units Cost
1955 Studebaker Commander
10/02/2006 inventoried 8.150.00
06/21/2007 distributed -8.150.00
0.00
1979 Motobecane Moped
10/02/2006 inventoried 350.00
06/21/2007 distributed -350.00
0.00
1995 Buick Park Avenue Sedan
10/02/2006 inventoried 400.00
06/21/2007 distributed -400.00
0.00
Allied Irish Stock
10/02/2006 1.623.0000 inventoried 42,895.89
10/09/2007 -1.623.0000 distributed -42.895.89
0.0000 0.00
Jackson National Life Insurance Company
07/19/2007 inventoried 10,565.81
07/19/2007 distributed -10,565.81
0.00
Orrstown Bank Certificate of Deposit IRA
10/02/2006
1 0/02/2006
10/02/2006
10/02/2006
inventoried
distributed
inventoried
distributed
1,818.05
-1,818.05
4.42
-4.42
8
# Units
Orrstown Bank Stock
10/02/2006
10/09/2007
SCHEDULE F
CHANGES IN PRINCIPAL HOLDINGS
Continued
2.268.0000 inventoried
-2.268.0000 distributed
0.0000
9
Total
Cost
0.00
83.916.00
-83.916.00
0.00
-0.00
SCHEDULE G
RECEIPTS OF INCOME
Dividend
Allied Irish Stock
05/10/2007 2.051.78
09/27/2007 1.247.55
3.299.33
Orrstown Financial Services
11/21/2006 dividend on 2268 shares 453.60
02/23/2007 dividend on 2268 shares 476.28
06/03/2007 dividend on 2268 shares 476.28
06/21/2007 fractional dividend 13.52
09/18/2007 dividend on 2268 shares 500.01
1.919.69
TOTAL DIVIDEND INCOME 5.219.02
TOTAL RECEIPTS OF INCOME 5.219.02
10
# Units
Description
INCOME BALANCE ON HAND
Cash
Estate Checking Account
Total Cash
11
Current Value
01/25/2008
or as Noted
5.219.02
5.219.02
5.219.02
Fiduciary
Acquisition
Value
5.219.02
5.219.02
5.219.02
# Units
COMBINED BALANCE ON HAND
Description
Cash
Estate Checking Account
Total Cash
Current Value
01/25/2008
or as Noted
11.553.99
11.553.99
11.553.99
Fiduciary
Acquisition
Value
11.553.99
11.553.99
11.553.99
TO: Susan Leaphart
Cash
PROPOSED DISTRIBUTIONS TO BENEFICIARIES
Total
12
Current Value
01/25/2008
or as noted
11.553.99
11.553.99
11.553.99
Fiduciary
Acquisition
Value
11.553.99
11.553.99
11.553.99
In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-06-1031
Estate of Betty J. Leaphart, Deceased
Verification
Susan Leaphart, Executrix under the Last Will and Testament of Betty J. Leaphart, 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.
.-J!-!M.Aj10'{~
Dated: ;2- 9- 0 J>
13