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Home My WebLink About01-27-09 (2)C`° J ~_ c"^? _ _ r.-_J ~~J t_ ~ ~ w `, FAMILY SETTLEMENT AND FINAL RELEASE ~` ~ • ~- ~%t IN THE ~': ` ~'' -~ ESTATE OF ROSE L. KIRBY -,~ _...., ~~ _,_, - , , ~. KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS; Rose `L~ " Kirby, late of Camp Hill Borough, Cumberland County, Pennsylvania, decease died on February 2, 2009, having first made her Last Will and Testament, which was duly executed on December 7, 2001, and is duly recorded in Cumberland County, Pennsylvania, Estate No. 21-08-0198. WHEREAS, the said Rose L. Kirby, by the aforesaid Last Will and Testament, named Georgenna Puliti as Executrix of said Last Will and Testament; and WHEREAS, the said Executrix has gathered the assets of the estate of the said decedent and the assets consist of personal property to a total value of $98,216.35 as set forth in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, the said Executrix has paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of $23,237.18, also as set forth in the statement of the said Executrix which is attached hereto and made a part hereof, and marked Exhibit "B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Executrix there remains a balance for distribution in the Estate of Rose L. Kirby of $74,979.17, as set forth more particularly in Exhibit "C" of the statement of the said Executrix, which is attached hereto and made a part hereof. NOW THEREFORE, KNOW YE, that we, Georgenna Puliti, Executrix of the Estate of Rose L. Kirby, and Arthur Kirby, being all of the residuary heirs under the Last Will and Testament of the said decedent and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid Executrix, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to us by the said Last Wilt and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County. THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said Executrix, her heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute our 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 Executrix after the signing, sealing and delivery of this family settlement agreement and final release. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and his predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Executrix and the Estate of the Decedent. Each Beneficiary further agrees and covenants that, neither they, nor any other person, organization or other entity on their behalf will file, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Executrix and the Estate of the Decedent. (This space left intentionally blank.) 2 IN WITNESS WHEREOF we have hereunto set our hands and seals this ~ 6 ~ CT day of ~ tF ,~ ~; r v , 2009. WITNESS: "~\ J} ) ~ C~-~ >L ~ ~, t ~ i ~ ~ ` ~ ~, L.~L G ORGENN ULITI, Executrix '. j GEORGENN PULITI COMMONWEALTH OF PENNSYLVANIA . COUNTY OF - ~ '~~ ~ ; ~ SS. S ~~, ~` ..~7j~- _ { J' 7 ~~'. On this ~ day of .~~~~ ~ ~ ',~ r` ~,~, , 2009, before me the undersigned officer, personal) a ' y ppeared EORGENNA PULITI, individually and as Executrix of the Estate of Rose L. Kirby, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. J~ Nota .Public __..~.~ICi'~F~I~iL ~ EAi_~ STEP9~Al~diE M. t~i>7ER, votary Public Camp Hiii Boro., Cumberland County My Commission Expires October 31, 2009 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,~~ C, , 2009. WITNESS: ~~~~ ARTHUR KIRBY STATE OF PENNSYLVANIA COUNTY OF (~(,,(_ ~~ry~. %Q,-~~ ~ SS. On this ~~` day of ~.J (,~ ~ (;^ly~;'l,~' , 2009, before m the undersigned officer, personal) a ~~ y ppeared THUR KIRBY, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. Notary ublic ~ NOT'A~dAL SEAL STEPHANIE M. PiC~EFt, Notary Ppbiic Camp Hill Boro., Cumberland County My Commission Expires October 31, 2009 4 FIRST AND FINAL ACCOUNT OF THE ESTATE OF ROSE L. KIRBY, LATE OF CAMP HILL BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: FEBRUARY 2, 2008 PRINCIPAL ACCOUNT DEBITS: Your Accountant charges herself with the following: Value Personal Property M & T Bank -Checking Acct. No. 51456680 MML Investor Services, Inc. - APV-801941 Internal Revenue Service -Economic Stimulus Check Men's Ring Men's Ring Men's Ring Men's Ring Men's Wedding Ring Pennsylvania Inheritance Tax Refund Central PA Teamsters Pensions Fund -Retirement Reduction in MML Investor Services, Inc. account since date of death TOTAL PRINCIPAL DEBITS $ 26, 771.58 $ 74,018.06 $ 300.00 ~ 45.00 ~ 85.00 $ 125.00 $ 90.00 $ 38.00 ~ 215.02 $ 780.00 ~ 4 251 31) ~ 98 216 35 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Neil Funeral Home -Funeral Bill Georgenna Puliti -Personal Representative Commission Law Offices of Craig A. Diehl -Counsel Fees Cumberland County Register of Wills -Probate Fees The Sentinel -Estate Advertisement Cumberland Law Journal -Estate Advertisement M & T Bank -Safe Deposit Box Law Offices of Craig A. Diehl Reimbursement for certified mail for DPW Munn's Diamond Galary, Ltd. -Jewelry Appraisal Register of Wills -Filing Fee for Family Settlement Agreement ManorCare -Nursing Home Heartland -Prescriptions Janet L. Miller, Tax Collector -Personal Tax Michael Sams, D.O. -Physician Bill Register of Wills -Payment of Inheritance Taxes TOTAL PRINCIPAL CREDITS Amount $ 7,584.72 $ 5, 000.00 $ 4, 000.00 $ 260.00 $ 174.58 $ 75.00 $ 21.50 $ 5.21 $ 200.00 $ 25.00 $ 425.44 $ 324.14 $ 4.90 $ 36.69 $ 5,100.00 23 237 18 EXHIBIT B RECAPITULATION Principal Debits Principal Credits BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF ROSE L. KIRBY PURSUANT TO LAST WILL AND TESTAMENT $ 98,216.35 23 237.18 74 7 .17 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Balance for Distribution to the following heirs as described: Balance Available per First and Final Account: Georgenna Puliti Rings $ 191.50 Cash $37,298.08 Arthur Kirby Rings $ 191.50 Cash $37,298.09 TOTAL FOR DISTRIBUTION PURSUANT TO LAST WILL AND TESTAMENT OF ROSE L. KIRBY $ 74 979 17 $ 37,489.58 37 489.59 74 97 .17 EXHIBIT D