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Home My WebLink About07-25-08 (2)No. 21-06-0762 JCJ\jaUuly 22, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF LILLIAN B. WILLIAMS, Deceased ORPHANS' COURT DIVISION No. 21-06-0762 FAMILY SETTLEMENT AGREEMENT Filed on behalf of Paul Johnson, Executor Counsel of Record for this Party: Joseph Cafaro, Jr., Esquire PA I.D. No.: 73719 COOPER OWEN & RENNER, P.C. Firm No.: 233 N ' C., J r? ~y r- 1600 Benedum-Trees Building ~ 223 Fourth Avenue t _ ~ u Pittsburgh, PA 15222-1713 ~s s r -` , __ ' ~ ~ ~ t :' (412) 281-9696 _ ~ ~4-. ~.. ~~7 ~..J ~_ _ G..J ~~ a No. 21-06-0762 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ESTATE OF LILLIAN B. WILLIAMS, ) No. 21-06-0762 Deceased ) FAMILY SETTLEMENT AGREEMENT This Agreement entered into this ~_ day of July, 2008, by and between Paul Johnson, Executor of the Estate of Lillian B. Williams, Deceased, and Patricia Johnson, Executrix of the Estate of Elsie Johnson, sole heir of the estate. 1. Lillian B. Williams died testate on August 15, 2006, a resident of 1 Alliance Drive, Apartment.#301, Carlisle, Cumberland County, Pennsylvania . 2. Letters Testamentary were granted to Paul Johnson on August 29, 2006, by the Register of Wills of Cumberland County, Pennsylvania. 3. Under the Will of Lillian B. Williams, Elsie Johnson was the sole heir of the estate. Elsie Johnson died on November 22, 2006, and Patricia Johnson was appointed Executrix of her estate on July 21, 2008, by the Register of Wills of Allegheny County, Pennsylvania. 4. The Executor advertised the grant of Letters Testamentary and filed an Inventory of the decedent's property and prepared and filed a Pennsylvania Inheritance Tax Return and paid the appropriate tax thereon. 1 No. 21-06-0762 5. The Executor has paid all the taxes, debts and expenses of the estate known to him and has no knowledge of any unpaid claims, absolute or contingent, which may be asserted against the estate nor does he have any reason to believe there are any such claims. 6. A statement reflecting all estate receipts, disbursements and distributions is annexed hereto as Exhibit A. 7. All heirs of the decedent desire that settlement of this estate be accomplished by this Family Agreement without a formal accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. NOW, THEREFORE, intending to be legally bound, the parties, by the Consents attached hereto as Exhibit B, do hereby: 1. Waive the filing of an account of the administration of the estate in any court; 2. Declare that the parties have examined the attached informal account and statement of distribution of the Executor; find it to be true and correct in all particulars; accept and approve it with the same force and effect as if it had been prepared and filed with, audited, adjudicated and confirmed absolutely by a court of competent jurisdiction; and as if the balance of principal and income had been awarded by the court in accordance with the statement of distribution; 3. Warrant that the heirs named in the informal accounting and statement of distribution are the sole remaining parties in interest in the estate; 4. Warrant that the parties know of no outstanding and unsatisfied claims against the estate; 2 No. 21-06-0762 5. Approve the distribution of the balance of principal and income shown in the informal account and statement of distribution to the persons set forth therein; 6. Absolutely and irrevocably release and discharge the Executor and his heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to their administration of the estate and distribution in accordance with the informal account and statement of distribution and without a court accounting and adjudication; 7. Agree to indemnify and hold harmless the Executor and his heirs, personal representatives, successors and assigns from and against any claims, liabilities, loss or expense (including costs and counsel fees) arising from any cause whatsoever, which the Executor may incur as a result of the administration of the estate and its distribution in accordance with this Agreement including, but not limited to, any liability for any federal estate taxes, Pennsylvania Inheritance Tax or any other taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments of distributions made by reason of any negligence or mistake of law or fact. Paul John; Williams, of the Estate of Lillian B. 3 No. 21-06-0762 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF LILLIAN B. WILLIAMS, ) No. 21-06-0762 Deceased ) EXHIBIT A INFORMAL ACCOUNT AND SCHEDULE OF DISTRIBUTION Inventory Filed: Capital One Bank VA US Rate 04.05%, matures 5/12/08 -Fixed rate CD $ 9,746.10 Flagstar BK FSB US Rate 03.1000%, matures 5/7/07 -Fixed rate CD 19,667.05 GMAC Automotive BK US Rate 03.2500%, matures 12/8!06 -Fixed rate CD 9,933.35 Lehman Brothers BK DE US Rate 03.45%, matures 5/5108 -Fixed rate CD 19,304.95 IJBS Financial Services Money Market 11,947.73 70,599.18 Additional Receipts Dividends on decedent's old account 5.04 UBS 2006 dividends 596.45 C1BS 2007 dividends 2,526.98 UBS 2008 dividends (1/1/08 to 6/30/08) 757.19 UBS deposit on 9/18/07 30.00 UBS 2006 interest 862.91 Highmark refund 214.05 Prudential Insurance 3,611.99 8,604.61 Gain on CD Redemption Capital One Bank CD Redemption 9,760.00 Inventory value _9,746.10 13.90 Flagstar CD Redemption 19,700.00 Inventory value 19,667.05 32.95 4 No. 21-06-0762 GMAC Automotive CD Redemption 9,950.00 Inventory value 9,933.35 16.65 Lehman Brothers CD Redemption 19,360.00 Inventory value 19,304.95 55.05 118.55 TOTAL RECEIPTS $ 79,322.34 DISBURSEMENTS Debts of Decedent: Millennium Pharmacy 187.93 Chapel Pointe 2,859.25 3,047.18 Funeral: Jaycos-Jaworski Funeral Home 6,584.95 Palmieri's Restaurant 234.94 Flowers 117.70 Nelson Rock of Ages Memorials -engraving 135.00 7,072.59 Administration Expenses: Register of Wills of Allegheny County -Transfer fee for Probate 20.00 Register of Wills of Cumberland County -Probate fee 70.00 Cumberland County Law Journal -Advertising 75.00 The Sentinel -Advertising 115.25 Register of Wills -Inheritance tax filing fee 15.00 Register of Wills -Inventory filing fee 130.00 Register of Wills -Inheritance tax payment at 5% discount 5,200.00 Register of Wills -Balance due on inheritance tax 1,052.90 PA Department of Revenue - 2006 PA-41 Fiduciary Income Tax Return 99.00 Cooper Owen & Renner, P.C. - % attorney fees 2,163.50 Cooper Owen & Renner, P.C. -Reimbursement for postage, etc. to 10/30/06 6.35 Paul Johnson -'/2 Executor compensation 2,035.50 RMA 2007 Service Fee 60.00 Register of Wills -Family Agreement filing fee 20.00 5 No. 21-06-0762 Cooper Owen & Renner, P.C. -Balance of attorney fees Cooper Owen & Renner, P.C. -Reimbursement for postage, etc. Paul Johnson -Balance of Executor compensation Distributions on behalf of Elsie Johnson: Jaycos-Jaworski Funeral Home -Elsie Johnson's funeral Funeral luncheon, etc. - Elsie's funeral TOTAL DISBURSEMENTS Total Receipts Total Disbursements Balance for Distribution Schedule of Distribution Balance consists of : Cash Distribution: TO: Estate of Elise M. Johnson 2,163.50 68.21 2,035.50 15,329.71 4,318.67 489.13 4,807.80 $ 30,257.28 $ 79,322.34 30,257.28 49,065.06 49,065.06 49,065.06 6 No. 21-06-0762 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ESTATE OF LILLIAN B. WILLIAMS, ) No. 21-06-0762 Deceased ) CONSENT OF BENEFICIARY I, Patricia Johnson, Executrix of the Estate of Elsie M. Johnson, sole beneficiary named in the Will of Lillian B. Williams, Deceased, do hereby consent to the filing of the foregoing Family Agreement and, by my signature hereto, endorse all statements in said Agreement. ~~.- Dated this o? day of , 2008. fitness Patricia Johnson, ecutrix of the Estate of Elsie M. Johnson, Deceased EXHIBIT B 7