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HomeMy WebLinkAbout09-02-08n ESTATE OF RUTH E. HOPKINS ~ r File No. 21-07-0966 FAMILY SETTLEMENT AGREEMENT ~~'~ ~~ THIS AGREEMENT made this day of , 2008, BETWEEN: WILLIAM A. HOPKINS, III, and DO OTF[Y A. JONES, being the legatees under the Last Will and Testament of Ruth E. Hopkins, late of Upper Mifflin Township, Cumberland County, Pennsylvania, AND WILLIAM A. HOPKINS, III, and DOROTHY A. JONES, Co-Executors of the Estate of Ruth E. Hopkins, deceased. WHEREAS, Ruth E. Hopkins died October 6, 2007, testate, and under her Will left her estate to the parties herein; and WHEREAS, Letters Testamentary were granted to William A. Hopkins, III, and Dorothy A. Jones on October 24, 2007, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Ruth E. Hopkins 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 Co- Executors, the said parties hereto desire to waive the duty of the Co-Executors to file a First and Final Account with Proposed Schedule of Distribution for cs ~., - ~ ~.3 ~~ cn ,~_:,_ r=~ ~:.~ -~ ~ , --~ t ~ ~ .~-, N _.iJ c': <.' ~~ c 1~? ' ~ tt` .C` ~'~ a ~ c WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - ;iHIPPEN56URG, PA 17257-1397 purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the parties 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 their distributive shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release William A. Hopkins, III, and Dorothy A. Jones, Co- Executors, from all claims and demands whatsoever arising out of settlement of the Estate of Ruth E. Hopkins. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do :hereby covenant and agree with the aforesaid personal representatives that they will contribute pro rata their shares 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 representatives after the signing, sealing and delivery of this family settlement agreement and final release. WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - t26 EAST KING STREET - SHIPPENSBURG, PA 77257-1397 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the William A. Hopkins, I ~~, ~ _ (SEAL) Dorothy A. nes COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLA~N`D On this the ~~~ of ~ 2008 before me a No ublic Y ~' P in and for said County and State, the undersigned officer, personally appeared WILLIAM A. HOPKINS, III, and DOROTHY A. JONES, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL) NOTARIAL SEAL Jerry A Weigle, Notsry Public Shippensburg, PA i/umberlane Courriy Commission Expires C}ctcbur 7, 2010 WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 726 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 day and year first above written. In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-07-0966 Estate of Ruth E. Hopkins, Deceased Account William A. Hopkins III and Dorothy A. Jones, Co-Executors Date of Death: Date of Incapacity, if any: Date of Co-Executors' Appointment: Date of First Complete Advertisement: Accounting for the period: 10/06/2007 None 10/24/2007 11/30/2007 10/06/2007 to 08/06/2008 Purpose of Account: William A. Hopkins III and Dorothy A. Jones, Co-Executors, offer 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 8~ Associates, P.C. 126 East King Street Shippensburg, PA 17257 7171532-7388 Supreme Court I.D. No. 01624 SUMMARY OF ACCOUNT Estate of Ruth E. Hopkins, Deceased For the period of October 6. 2007 throug h August 6, 2008 Fiduciary Current Acquisition PAGES Value Value Proposed Distributions to Beneficiaries 10 7,563.04 7,563.04 PRINCIPAL Receipts: This Account 3 247,002.95 Net Gain (or Loss) on Sales or Other Dispositions 0.00 247,002.95 Less Disbursements: Debts of Decedent 4 132,061.83 Funeral Expenses 4 949.31 Administration Expenses 4 - 5 769.21 Federal, State & Local Taxes 5 4,758.41 Commissions 0.00 Fees 5 1,500.00 Family Exemption 0.00 140,038.76 Balance Before Distributions 106,964.19 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 6 100,000.00 Principal Balance on Hand 7 6,964.19 For Information: Investments Made Changes in Holdings INCOME Receipts This Account 8 598.85 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 598.85 Less Disbursements 0.00 Balance Before Distributions 598.85 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 9 598.85 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 7,563.04 Signature 11 Verification 12 -2- SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash F 8~ M Trust Checking Account #34-88810 2,256.12 Accrued interest on above item through date of 0.22 death F & M Trust Money Management Account 242,492.84 #71-22993 Accrued interest on above item through date of 258.04 death Total Cash 245,007.22 Total Receipts 245,007.22 Subsequent Principal Receipts 1 211 712 0 0 7 Adams Electric Cooperative - 2007 patronage 28.90 dividend 02/01/2008 Presbyterian Homes -refund 988.83 06/03/2008 U. S. Treasury - 2007 1040 federal income tax 378.00 refund 06/20/2008 U. S. Treasury -economic stimulus payment 600.00 Total Subsequent Principal Receipts 1,995.73 Total Adjustments and Subsequent Receipts 1,995.73 Total Receipts of Principal 247,002.95 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 11/02/2007 Continuing Care Rx 190.38 11/02/2007 Department of Public Welfare -payment of claim 131,509.42 against estate 11/21/2007 Continuing Care Rx 148.38 0 211 512 0 0 8 PA Department of Revenue - 2007 PA40 income 80.86 tax (William Hopkins) 02/15/2008 PA Department of Revenue - 2007 PA40 income 132.79 tax (Ruth Hopkins) Total Debts of Decedent Funeral Expenses 11/02/2007 Bon Ton -funeral clothing 113.30 11/02/2007 Funeral Reception 656.01 11/02/2007 Hammaker 8~ Darner Memorials -engraving 180.00 Total Funeral Expenses Administration Expenses 10/24/2007 Register of Wills, Cumberland County -Letters 352.00 Testamentary and Short Certificates 11/02/2007 Cumberland Law Journal -advertising Letters 75.00 Testamentary 1 210 612 0 0 7 Cumberland Law Journal -advertising Letters 222.46 Testamentary 04/17/2008 Register of Wills, Cumberland County -filing PA 15.00 Inheritance Tax Return 08106!2008 Linda K. Klein -notary fee 14.00 08/06/2008 Register of Wills, Cumberland County -filing 75.00 Family Settlement Agreement 132,061.83 949.31 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 08/06/2008 Weigle 8~ Associates, P.C. -reimbursement for 15.75 postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses Federal, State, and Local Taxes 01/02/2008 Register of Wills, Cumberland County - PA 4,600.00 Inheritance Tax at discount 04/17/2008 Register of Wills, Cumberland County - PA 158.41 Inheritance Tax balance due Total Taxes Fees 04/17/2008 Weigle 8~ Associates, P.C. 1,500.00 Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 769.21 4,758.41 1,500.00 140,038.76 -5- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Dorothy A. Jones 11/12/2007 Partial Distribution -Cash 50,000.00 William A. Hopkins, III 11/12/2007 Partial Distribution -Cash 50,000.00 50,000.00 50,000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 100,000.00 -6- PRINCIPAL BALANCE ON HAND # Units Description Cash Estate Checking Account Total Cash Current Value 08/06/2008 or as Noted 6,964.19 6,964.19 6,964.19 6,964.19 Fiduciary Acquisition Value 6,964.19 6.964.19 -7- SCHEDULE G RECEIPTS OF INCOME Interest/Bank F 8~ M Trust_Checkinq Account #34-88810 11/01/2007 final interest at closing 0.49 0.49 F 8~ M_ Trust Estate Checking Account 11 /30/2007 19.61 12/31 /2007 3.64 01131 /2008 2.38 02/29/2008 2,23 03/31 /2008 1.88 04/30/2008 0.99 05/30/2008 0.85 06/30/2008 O,gB 07/31 /2008 0.97 33.43 F 8~ M Trust Money Management Account #71-22993 11 /01/2007 564.93 564.93 TOTAL BANK INTEREST 598.85 TOTAL RECEIPTS OF INCOME 598.85 -8- INCOME BALANCE ON HAND Current Value Fiduciary 08/06/2008 Acquisition # Units Description or as Noted Value Cash Estate Checking Account 598.85 598.85 Total Cash 598.85 598.85 598.85 598.85 -9- COMBINED BALANCE ON HAND # Units Description Cash Estate Checking Account Total Cash Current Value 08/06/2008 or as Noted 7,563.04 7.563.04 7,563.04 Fiduciary Acquisition Value 7,563.04 7,563.04 7,563.04 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value 08/06/2008 or as noted TO: Dorothy A. Jones Final Distribution -Cash 3,781.52 3,781.52 TO: William A. Hopkins, III Final Distribution -Cash 3,781.52 3,781.52 Fiduciary Acquisition Value 3,781.52 3,781.52 3,781.52 3,781.52 Total 7,563.04 7,563.04 -10- In the Court of Common Pleas~of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-07-0966 Estate of Ruth E. Hopkins, Deceased Signatures ~~ f ~~V ./l ~i~ /~ William A. Hopkins III, Co- ecutor AND Dorothy A. J , Co-Exe for -11 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-07-0966 --_ ___ Estate of Ruth E. Hopkins, Deceased Verification William A. Hopkins III and Dorothy A. Jones, Co-Executors under the Last Will and Testament of Ruth E. Hopkins, Deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their 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. ~~;~~~ ~, _~~~~ William A. Hopkins III Dated: '~ - ~j - ~U ~ ~ _ Dorothy A. es . -12-