HomeMy WebLinkAbout03-28-08
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE : ESTATE OF ELIZABETH G.
ALESICK, DECEASED
ORPHANS COURT DIVISION
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NO. 2005-00329
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ESTATE OF ELIZABETH G. ALESICK
FAMILY SETTLEMENT AGREEMENT
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THIS FAMILY AGREEMENT ("Agreement") is made this 15th day of October,
2007, by and between George R. McClure and Ardith L. McClure, Co-Executors ("Co-
Executors") of the Elizabeth G. Alesick Estate ("Estate"), and, George R. McClure,
Ardith L. McClure, Julian Minor, Sr., Harriet Boatright, Martha A. Clarke, Marian
Williard, Jennifer Burtner, and Grace United Methodist Church as beneficiaries of the
said Estate ("Beneficiaries). The Executor and Beneficiaries are sometime referred to in
this Agreement as the "Parties".
WHEREAS, Elizabeth G. Alesick, who resided at Messiah Village, 100 Mt. Allen
Drive, Mechanicsburg, Cumberland County, died testate on March 30, 2005; aIld
WHEREAS, The Last Will and Testament of Elizabeth G. Alesick, dated August
21, 1996, was filed with the Register of Wills of Cumberland County on April 8, 2005;
and
WHEREAS, Letters Testamentary have been duly granted to George R. McClure
and Ardith L. McClure, Co-Executors, by the Register of Wills of Cumberland County,
Pennsylvania on April 8, 2005; and.
WHEREAS, the parties hereto have previously executed a Family Agreement For
Interim Distribution dated December 28, 2006 which distributed the bulk of the estate
assets; and
WHEREAS, it is the desire of the parties to this Agreement that final distribution
of this estate be accomplished without a formal accounting to the Orphans' Court
Division of the Court of Common Pleas of Cumberland County, it being the desire of the
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parties to avoid the expense, delay and publicity of a formal accounting; and
NOW THEREFORE, the Parties in consideration of the mutual promIses,
covenants and agreements recited herein and intending to be legally bounded hereby
agree that:
1. The Parties acknowledge that the Beneficiaries have received the
distribution as set forth in the Family Agreement For Interim Distribution (hereinafter
referred to as Interim Agreement) dated December 28, 2006.
2. The Parties acknowledge that the remaining Assets and Income of Estate
accrued from the date of the Interim Agreement, are as set forth in the accounting which
is attached hereto as Exhibit A. The Parties further acknowledge that since the date of
the Interim Agreement the Co- Executors have paid the debts of the estate, an accounting
of which is attached hereto as Exhibit B, and the parties approve the said accountings in
their entirety.
3. The Estate provides for the specific assets and residuary assets of the
Estate to be distributed to the Beneficiaries in the fractional shares set forth as follows:
George R. and Ardith L. McClure - Twenty (20%) percent of any rest
residue and remainder of the estate
Julian Minor, Sr. - Thirty (30%) percent of any rest residue and remainder
of the estate
Martha A. Clarke - Ten (10%) percent of any rest residue and remainder
ofthe estate
Harriet Pickel, now known as Harriet Boatright - Ten (10%) percent of
any rest residue and remainder of the estate
Jennifer S. McClure, now known as Jennifer S. Burtner- Ten (10%)
percent of any rest residue and remainder of the estate
Marian Williard - Ten (10%) percent of any rest residue and remainder of
the estate
2
Grace United Methodist Church - Ten (10%) percent of any rest residue
and remainder of the estate
5. The Beneficiaries hereto agree that the remaining Assets shall be
distributed as set forth in Exhibit C to this Agreement and in accordance with the terms
set forth in the Will. Without intending to limit the rights or remedies of the
Beneficiaries, the Beneficiaries agree to indemnify the Executrix and save her harmless
from and against all liability, loss, and expense (including, but not limited to, costs and
counsel fees) which the Executrix may incur, as a result of making the above described
distributions according to the terms of the Will.
6. The Beneficiaries hereto agree to refund to the said Estate a pro rata share
of any amount up to the amount of their respective distribution which may be necessary
in the future to discharge any and all liabilities of the Estate heretofore undisclosed or
unasserted that may arise and come to the attention of the Executrix.
7. The Beneficiaries, and each of them, hereby forever fully release,
compromise, settle and discharge any and all claims, demands, actions or causes of
action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any
of them may have against the Executrix or against the Estate by reason of any matter,
cause or thing growing out of or relating to any Assets, or growing out of or relating to
any act ofthe Executrix in the administration ofthe Estate, and agree that any period for
the limitation of actions for the collection of any erroneous distribution or distributions
shall commence only at such time as the Executrix shall have obtained actual knowledge
of such erroneous distribution or distributions and that in no event shall the period for
collection of any erroneous distribution or distributions be less than two years after the
actual discovery thereofby the Executrix.
8. The Beneficiaries agree to execute a Receipt and Release in order to
confirm the interim distribution ofthe Residuary Assets in accordance with the terms and
conditions of the Agreement.
3
9. Any release which applies to the Co-Executors shall apply also to any
fiduciary who may have been or may be appointed in connection with any ancillary
administration.
10. This Agreement shall be binding upon the Parties, and their respective
heirs, next of kin, personal representatives and assigns.
11. This Agreement shall be executed by the parties on separate signature
pages due to the geographical location of the parties.
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their
hands and seals the day and year first above written.
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Ardith L. McClure, Co-Executor
4
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their hands and
seals the day and year first above written.
"WITNESS:
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Ji. an Minor, Sf.
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their hands and
seals the day and year first above written.
WITNESS:
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amet Boatnght lS-'
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INTENDING TO BE LEGALLY BOUND, the parties have hereunto set their hands and
seals the day and year first above written.
wr~ss:
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J ife rtner
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elon(ll~ ~. Brubaker, Notary Public
IV FaIM~w.Twp., York C-ounty
'. fry CommlSSlOl'l Expires Jan. 6, 2009
Ma'1'lber. Pennsylvania Association of Notaries
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their hands and
seals the day and year first above written.
WITNESS:
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Martha A. Clarke
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their hands and
seals the day and year first above written.
WITNESS:
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Marian Williard
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INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their hands and
seals the day and year first above written.
WITNESS:
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odist Church
Board of Trustees
EXHIBIT A
ASSETS AND INCOME OF THE ESTATE
1.
Balance after Interim Distribution
$10,000.07
2.
Interest from 6/24/06
4,452.59
3.
2005 P A Tax Refund
54.00
TOT AL ASSETS AND INCOME
$14,506.66
5
EXHIBIT B - EXPENSES OF THE ESTATE
1. Kathy M. Shughart 11/1/06 (attorney fees)
$430.11
2. Kelly Financial Service (2006 tax prep.)
249.50
17. Kathy M. Shughart 4110/07 (attorney)
447.14
19. Kathy M. Shughart (attorney fees- estimate to
settle estate - 3 hours)
450.00
TOT AL EXPENSES
$1,576.75
6
EXHIBIT C
SCHEDULE OF DISTRIBUTION
TOTAL ASSETS and INCOME
$14,506.66
TOTAL EXPENSES
(-$1,576.75)
NET ESTATE
AVAILABLE FOR DISTRIBUTION
12,929.91
TO BE DISTRIBUTED AS FOLLOWS:
George R. and Ardith L. McClure - $2,585.98
Julian Minor, Sr. - $3,878.97
Martha A. Clarke - $1,292.99
Harriet Pickel, now known as Harriet Boatright - $1,292.99
Jennifer S. McClure, now known as Jennifer S. Burtner- $1,292.99
Marian Williard - $1,292.99
Grace United Methodist Church - $1,292.99
7
i:~>CCJ CI-I)(..I
I~ TEE COURT OF COM\fOl'T PLEAS
OF ClJMBERLfu~l) COUNTY,
PEN'NSYL V fu~lA
IN RE: ESTATE OF ELIZABETH G.
ALESICK, DECEASED
ORPHAL\JS COlTRT DIVISION
NO. 2005-00329
FAMILY AGREEMENT
FOR INTERIM DISTRIBUTION
THIS F A..\1IL Y AGREEMENT FOR INTERIM DISTRIBUTION
("Agreement") made this ~day of ~be...-
, 2006, by and between
George R. McClure and Ardith L. McClure, Co-Executors (" Co-Executors") of the
Elizabeth G. Alesick Estate ("Estate"), and, George R. McClure, Ardith L. McClure,
Julian Minor, Sr., Harriet Boatright, Martha A. Clarke, Marian Williard, Jennifer Burtner,
and Grace United Methodist Church as beneficiaries of the said Estate ("Beneficiaries).
The Executor and Beneficiaries are sometime referred to in this Agreement as the
"Parties".
In accordance with their desire that administration of the Estate be conducted
without further expenses and delay and that the Estate be permitted to make an interim
distribution and terminated the Parties, in consideration of the mutual covenants herein
expressed, and intending to be legally bounded hereby agree that:
1. The Estate of Elizabeth G. Alesick, who died March 30,2005, is now in
the process of administration, Letters Testamentary having been duly granted to George
R. McClure and Ardith L. McClure, Co-Executors, by the Register of Wills of
Cumberland County, Pennsylvania on April 8, 2005.
2. The Parties acknowledge that the Co-Executors have received the Assets
ofthe Estate, an accounting of which is attached hereto as Exhibit A. The parties also
acknowledge that the Estate has received income since the date of death, an accounting of
EXHIBIT A
which is attached hereto as Exhibit B. The Parties further ackIlo\vledge that the Co-
Executors have paid the debts of the estate, an accounting of which is attached hereto as
Exhibit C, and the parties approve the said accountings in their entirety.
3. The parties further acknowledge that the real estate located at 4909 Shasta
Way, Mechanicsburg, Cumberland County, Pennsylvania was conveyed by Deed dated
July 25,2005, pursuant to Sales Agreement dated January 21, 1998. The sales price in
accordance with said Agreement was $130,000.00. The date of death outstanding balance
on the Sales Agreement was 586,400. Payments were made as required by said
Agreement and the payoff to the Estate at the time of settlement on July 25, 2005 was
584,200.00. The expenses of the sale which were assessed to the Estate were a one
percent realty transfer tax of$1,300.00 and attorney fees for deed preparation of575.00.
The net proceeds to the estate were $82,825.00.
4. The Estate provides for the specific assets and residuary assets of the
Estate to be distributed to the Beneficiaries in the fractional shares set forth as follows:
George R. and Ardith L. McClure - Twenty (20%) percent of any rest
residue and remainder of the estate
Julian Minor, Sr. - Thirty (30%) percent of any rest residue and remainder
of the estate
Martha A. Clarke - Ten (10%) percent of any rest residue and remainder
of the estate
Harriet Pickel, now known as Harriet Boatright - Ten (10%) percent of
any rest residue and remainder of the estate
Jennifer S. McClure, now known as Jennifer S. Burtner- Ten (10%)
percent of any rest residue and remainder of the estate
Marian Williard - Ten (10%) percent of any rest residue and remainder of
the estate
2
Grace United Methcdist Church - Ten (1 0%) perc~nt of an:" rest res:due
and remainder of the estate
5. The parties acknowledge that the Estate remains liable for the follO\ving
financial obligations, including but not limited to: 2006 ta."Xes, tax preparer's fee and
attorney fees.
6. The parties agree that the sum of $1 0,000.00 shall continue to be held in
escrow by the Co-Executors for payment of the financial obligations as set forth in
paragraph 5 herein. When all such obligations have been paid in full, the Co-Executors
shall distribute the remaining funds in pro rata share as set forth in the Will.
-;
I.
The Beneficiaries hereto agree that the remaining Assets (less the
S 1 0,000.00 provided for in paragraph 6 herein) shall be distributed as set forth in Exhibit
o to this Agreement and in accordance with the terms set forth in the Will. Without
intending to limit the rights or remedies of the Beneficiaries, the Beneficiaries agree to
indemnify the Executrix and save her harmless from and against all liability, loss, and
expense (including, but not limited to, costs and counsel fees) which the Executrix may
incur, as a result of making the above described distributions according to the terms of the
Will.
8. The Beneficiaries hereto agree to refund to the said Estate a pro rata share
of any amount up to the amount of their respective distribution which may be necessary
in the future to discharge any and all liabilities of the Estate heretofore undisclosed or
unasserted that may arise and come to the attention of the Executrix.
9. The Beneficiaries, and each of them, hereby forever fully release,
compromise, settle and discharge any and all claims, demands, actions or causes of
action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any
of them may have against the Executrix or against the Estate by reason of any matter,
cause or thing growing out of or relating to any Assets, or growing out of or relating to
any act of the Executrix in the administration of the Estate, and agree that any period for
the limitation of actions for the collection of any erroneous distribution or distributions
shall commence only at such time as the Executrix shall have obtained actual knowledge
3
of such erroneous distribution or distributions and that in no event shall the period for
collection of any erroneous distribution or distributions be less than t\vo years after the
actual discovery thereof by the Executrix.
10. The Beneficiaries agree to execute a Receipt and Release in order to
confirm the interim distribution of the Residuary Assets in accordance with the terms and
conditions of the Agreement.
11. Any release which applies to the Co-Executors shall apply also to any
fiduciary who may have been or may be appointed in connection with any ancillary
administration.
12. This Agreement shall be binding upon the Parties, and their respective
heirs, next of kin, personal representatives and assigns.
13. This Agreement shall be executed by the parties on separate signature
pages due to the geographical location of the parties.
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their
hands and seals the day and year first above written to this Family Agreement For Interim
Distribution.
WITNESl
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Ir- /AA.-<hf--L ~ mf:t~ &, - ~v
Ardith L. McClure, Co-Executor I
DATED: .iJ -clS - O(P
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INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their
hands and seals the day and year first above written to this Family Agreement For Interim
Distribution.
WITNESS:
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ulian Minor, Sr.
DATED:
'beg -~O-O (0
J. HOWARD SIMMS
NOTARY PUBLIC
ST~T~ OF DELAWARE
My commIssIon expires April 1 , 2008
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INTENDING TO BE LEGALL Y BOUND, the Parties have hereunto set their
hands and seals the day and year first above written to this Family Agreement For Interim
Distribution.
WITNESS:
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Harriet Boatright
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DATED: J7. ~-O'"
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INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their
hands and seals the day and year first above written to this Family Agreement For Interim
Distribution.
DATED: ~pt';'"3., ,lv;--o ?
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Martha A. Clarke
7
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their
hands and seals the day and year first above written to this Family Agreement For Interim
Distribution.
WITNESS:
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Marian Williard
DATED:
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"C\TE~l)[\G TO BE LEGALL Y BOl~l), the Panies have hereunto set their
hands and seals the day and year first above written to this Family .-\greement For Interim
Distribution.
\vlTh"ESS:
DATED: /.;1- ~ ~ -0(,
~J- fY).t s g. .fA;j24); 7'
Gr3C . ited Methodist Chur
By:
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\J P Bo (~~j of.
~r J 5-t('..-€ .:)
INTENDING TO BE LEGALLY BOUND, the Parties have hereunto set their
hands and seals the day and year first above written to this Family Agreement For Interim
Distribution.
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DATED: 6~7-L-DCo
10
EXHIBIT A
ASSETS OF THE ESTATE
l. 4909 Shasta \-Vay, Mechanicsburg, PA 586,400.00
'1 Member's First Federal Credit Union Checking 199.11
.., Member's First Federal Credit Union Savings 29.73
j.
4. Member's First Federal Credit Union 83,143.14
Certificate Accounts
5. Member's First Federal Credit Union 45,279,49
Money Management Account
6. Financial Network Investment Corporation 112,408.28
TOT AL ASSETS
$327,459.75
11
EXHIBIT B
INCOME OF THE ESTATE
1.
Social Security check (April)
51,219.00
2.
IBM retirement check (April)
736.14
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,).
Interest (Member's 151 Federal Credit Union
4/1/05 to 2/14/06 when balance
transferred to Estate Account)
2,266.21
4. Interest (Estate Account 4/14/05 to 5/31/06) 5,019.90
5. 2004 Federal Income Tax Refund 180.00
6. Refund of overpayment of prepaid funeral
expenses 1,851.60
7. Interest on stock sale (Financial Network) 136.20
8. Insurance refund 408.00
9. P A Inheritance tax refund 4,242.54
10. 2005 Federal Income Tax Refund 1,687.00
TOTAL INCOME
$17,746,59
12
EXHIBIT C - EXPENSES OF THE ESTATE
1. USA.<\. MasterCard (March prescriptions) 515.95
.., Social Security check (April - returned) 1,219.00
3. Messiah Village (March) 6,156.88
4. Kathy M. Shughart (attorney f~es ) 500.00
5. IBM retirement check (April - returned) 736.14
6. UF AS - Cleveland (April - returned) 446.67
7. P A estimated income tax (2nd quarter) 80.00
8. Register of Wills, Agent (Inheritance Tax) 39,455.66
9. Member's First (estate checks) 12.95
10. Caring Healthcare (hand splint Jan. 05) 35.76
11. Kathy M. Shughart (attorney fees) 365.00
12. Dr. S. Noorbaksh (Feb. 7,2005) 15.43
13. Executor's fee 15,836.00
14. Mobile X-Ray (Feb. 7,2005) 72.90
15. Dr. S. Noorbaksh (March 15,2005) 15.43
16. 1 % Realty Transfer tax (sale of house) 1,300.00
17. Kathy M. Shughart (attorney) 75.00
18. PA Dept. of Revenue (2005 tax) 108.00
19. Kelly Fina.'1cial Service (2005 tax prep.) 529.00
20. Kathy M. Shughart (attorney fees) 375.00
21. Excess paid by Executor (see Schedule C, page 2) 51.70
TOT ALEXPENSES $67,402.47
13
EXHIBIT C
EXPENSES OF THE ESTATE PAID FROM
ADVANCE TO EXECUTORS OF $2,500.00
1. Register of Wills (probate fees) 406.00
2. Advertising of Estate 160.00
3. Misc. expenses: toll calls, postage,
and death certificates 100.00
4. Alert Pharmacy 30.98
5. IRS (2005 estimated taxes) 160.00
6. John Madera (hairdresser) 75.00
7. Old Towne Florist 116.60
8. Mary Huber (taxes) 415.12
9. IBM (health benefits) 63.00
10. Remit pre-paid taxes and insurance 1,025.00
TOTAL EXPENSES PAID FROM ADVANCE
$2,551. 70
14
EXHIBIT D
SCHEDULE OF DISTRIBUTION
TOTAL ASSETS
5327,459.75
TOTAL INCOME
517,746.59
TOTAL EST ATE
345.206.34
TOT AL EXPENSES
(-67,402.4 7)
NET ESTATE
AVAILABLE FOR DISTRIBUTION
277,803.87
LESS RESERVE REMAINING IN ACCOUNT
(-10,000.07)
AMOUNT REMAINING FOR INTERIM DISTRIBUTION: $267,803,80
TO BE DISTRIBUTED AS FOLLOWS:
George R. and Ardith 1.. McClure - $53,560.76
Julian Minor, Sf. - $80,341.14
Martha A. Clarke - $26,780.38
Harriet Pickel, now known as Harriet Boatright - $26,780.38
Jennifer S. McClure, now known as Jennifer S. Burtner- 526,780.38
Marian Williard - $26,780.38
Grace United Methodist Church - $26,780.38
15