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HomeMy WebLinkAbout06-30-08 FAMILY SETTLEMENT AGREEMENT AGREEMENT made this ~d ~ day of ~ V N(° , 2008, by and between KIMBERLY L. HARPER, Administratrix of the Estate of MILDRED L. HOVER, ~J and WILLIAM C. HOVER, JR., natural father of TORT COLEEN HOY>~. ;_ ~- ::~: c-, - ~_._ WITNESSETH• ~'~- ~ -~ ~,.~ WHEREAS, MILDRED L. HOVER died intestake on July 22, 2005_, at~l; - ~ - -;, WHEREAS, KIMBERLY L. HARPER, Administratrix was granted_ setters of .~~, ;- , .. Administration by the Register of Wills of Cumberland County, Pennsylvania on Oe~ber 5; 20'05. by the Register of Wills of Cumberland County, Pennsylvania, and; WHEREAS, said Administratrix has proceeded with the administration of this Estate and has prepared and filed a Pennsylvania Resident Inheritance Tax Return. Said Tax Return was accepted as filed by the Commonwealth of Pennsylvania Department of Revenue on June 22, 2006. WHEREAS, the parties hereto desire that the Administratrix not be required to file a Formal First and Final Account and Statement of Proposed Distribution and that the net estate of the Decedent be distributed without the necessity of filing a formal account. NOW, THEREFORE, the parties hereto, intending to be legally bound, mutually agree as follows: 1. Th.e parties hereto, and each of them, agree and acknowledge that they have fully and TORQUATO LAW OFFICES P.O. BOX 751 LEWISTOWN, Pa nou carefully examined the First and Final Account attached hereto and made part hereof as Exhibit "A" and acknowledge the gross estate of the Decedent to consist of Five Thousand One Hundred Forty Three and 81/100 ($5,143.83) Dollars and further find the disbursements of Three Thousand Eight and 69/100 ($3,008.69) Dollars to be true and correct and acceptable to each of them, individually and further acknowledge that each of them has received a copy of this Agreement. 2. The parties hereto do hereby release, remise and forever discharge the Estate of Mildred L. Royer and said Administratrix, Kimberly L. Ilarper, of and from all manner of acts, \~`~j suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or any of them, or their legal representatives or assigns, may at any time hereafter have, against the Administratrix, 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. This instrument is a full and final Fajnily Settlement Agreement by and between the parties hereto, both fiduciary and individually, all of the same having been arrived at, concluded and executed after a full and complete disclosure of the assets of the said Estate and the rights of the parties therein and thereto; and all of the parties hereto, and each of them, agree to abide by the terms hereof. 4. This Agreement constitutes'the entire understanding between the parties hereto, 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 prior hereto by the Administratrix or by any other person or party upon their behalf. 5. This Agreement shall enure to the benefit of and shall be binding upon the parties TORQUATO LAW OFFIGES P.O. BOX 751 LEWISTOWN, PA 17044 hereto, and each of them, their heirs, Executors, Administrators, Successors and Assigns. IN WITNESS WHEREOF, the parties have signed the date written above. WITNESSES: -----._ Kimberly L. arper, Ad inistratrix of the Estate of Mildred I.. Royer !~/L William C. Hoy , Jr. Natural Father of To Coleen Royer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE ESTATE OF MILDRED L. HOYER ESTATE FILE NO. 21-OS-0837 FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION Filed by: Kimberly L. Harper Capacity: Administratrix Date of Death: July 22, 2005 Date of Appointment: October 5, 2005 Date of first advertisement of Letters Testamentary 04/21/06. Proof of Publication is attached hereto RECAPITULATION AND INDEX Administration: Principal Account: Receipts, Page 2 $ 5,143.83 Disbursements, Page 3 $ 3,008.69 Net Principal Account $ 2,135.14 Gross Balance for Distribution $ 2,135.14 TORQUATO LAW OFFICES P.O. BOX 751 U•INISTOWN, PA 17W4 Kimberly L. arper, Administratrix The Estate of Mildred L. Hoyer EXHIBIT "A" ADMINISTRATION TORQUATO LAW OFFICES P.O. BOX 751 LEWISTOWN, PA 17044 PRINCIPAL ACCOUNT: Receipts: M&T Checking account Refund -Internal Revenue Service Depostid -Internal Revenue Service Refund -State Farm Auto insurance Spousal Support Arrears Payment Miscellaneous Deposit Proceeds -Sale of car TOTAL PRINCIPAL RECEIPTS $ 1,436.58 713.00 1,224.77 112.48 16.00 141.00 1,500.00 $ 5,143.83 Kimberly L. Harper, Admmistratrix The Estate of Mildred. L. Hoyer 2 Disbursements: Reimbursement -Heller-Hoenstine Funeral Home $ 200.00 - Funeral expenses Reimbursement -Kimberly L. Harper 900.00 - Funeral expenses Reimbursement -Kimberly L. Harper 900.00 - Funeral expenses Reimbursement -Kimberly L. Harper 51.00 - Letters of Administration Torquato Law Offices -Attorney's Fees 612.64 Cumberland County Register of Wills -Probate fee 70.00 Cumberland County Register of Wills -Inheritance Tax Return 10.00 Juniata Valley Bank -Checks 18.50 Publication of Estate Notice -Cumberland County Law Journal 75.00 Publication of Estate Notice -Evening Sentinel 151.55 Cumberland County Register of Wills -Filing fee 20.00 - Family Settlement Agreement TOTAL DISBURSEMENTS $ 3,008.69 _- Kimberly L. arper, Administratrix The Estate of Mildred L. Hoyer TORQUATO LAW OFFICES P.O. BOX 751 LEWISTOWN, PA 170M 3 TOTAL PRINCIPAL RECEIPTS $ 5,143.83 TOTAL DISBURSEMENTS $ 3,008.69 BALANCE OF PRINCIPAL ACCOUNT $ 2,135.14 BALANCE FOR DISTRIBUTION $ 2,135.14 ,, ~ , ~ ' gym; n Kimberly L. arper, Administratrix The Estate of Mildred L. Hoyer PROPOSED DISTRIBUTION Decedent died intestate. BALANCE IN ACCOUNT FOR DISTRIBUTION: $ 2,135.14 PROPOSED DISTRIBUTION TO: Tori Coleen Hoyer $ 2,135.14 TOTAL DISTRIBUTED: $ 2,135.14 Kimberly L. Harper, Administratrix The Estate of Mildred L. Hoyer TORQUATO LAW OFFICES P.O. BOX 751 ~nsrowN, vA i~ou A VERIFICATION AND NOW, this ~Q_ day of `~~ ~ri..~ , 2008, the MILDRED L. HOYER ESTATE, by Kimberly L. Harper, Administratrix, the undersigned, verifies that the statements made herein concerning the foregoing Family Settlement Agreement are true and correct and are subject to the penalties of the Crimes Code, 18 Pa.C.S. Section 4904, relating to Unsworn Falsification to Authorities. ~ , Kimberly L. arper, Admi istratrix The Estate of Mildred L. Hoyer DATED: ~..~-~O - p~( TORQUATO LAW OFFlCES P.O. BOX 751 LEWISTOWN, PA 17M4