HomeMy WebLinkAbout08-20-09 (2)a i-Chi-03oa,
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FAMILY SETTLEMENT AND FINAL RELEASE _
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IN THE z n
ESTATE OF CARMELO B. GIORGIO
JR. a N
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KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, C~rielo B~
Giorgio, Jr., late of Hampden Township, Cumberland County, Pennsylvania,'',deceasedN
died on March 25, 2006, having first made his Last Will and Testament, which was duly
executed on February 22, 2006, duly recorded in Cumberland County, Pennsylvania,
Estate No. 21-09-0302.
WHEREAS, the said Carmelo B. Giorgio, Jr., by the aforesaid Last Will and
Testament, named Suzanne G. Bonhage 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 for a total value of $54,870.99 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 Departrnent of Revenue, to
a total amount of $21,844.89, also as set forth in the statement of the said Executrix
which is attached hereto and made a part hereof, and mazked 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 Carmelo B.
Giorgio, Jr., of $33,026.10, 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, Suzanne G. Bonhage, Saundra G.
Peazson, and Wayne B. Giorgio, 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 Will 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.
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THEREFORE, we do hereby remise, release, quitclaim and forever dischazge
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 shaze 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 beneficiazies, do hereby release, forever dischazge and hold
hazmless 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, chazge, claim, sue or cause to permit
to be filed, chazged or claimed any action for damages, injunctive, declazatory, monetary
relief, equitable relief, or otherwise against Counsel, and its predecessors, successors,
affiliates, pazents, subsidiaries, assigns, agents, directors, officers, paztners, attorneys,
employees and insurers involving any matter arising from Counsel's representation of
Executrix and the Estate of the Decedent.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2~day
of c`1 j~ AJ~ , 2009.
WITNESS:
ads
S e G. Bo age, Exe utrix eficiary
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this ~ day of 2009, before me, the
undersigned officer, personally appear Suzanne G. Bonhage, individually, 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.
o Public
RGr~RUa sEet
pEBRII l1. FlRE, NGIARY PUBLIC
CRY OF RppRISBURG, ppUPNIN C0.
~ rAMR:ISSIOR E%PIRES GCi.24, 2G0!
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
/JOiLP}' , 2009.
WITNESS:
PDQUmr~la ~ • ~~,an,aa-i.,~
Saundra G. Pearson, Beneficiary
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STATE OF
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COUNTY
On this ~_ day of /Ou~U,Pf 2004, before rye, the
undersigned officer, personally appeared Saundra G. Pearson, individually, 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. ,
NOTARY ATTESTS TO SIGNATURE
DNLY AND NOT CONTENT OF THIS
DOCUMENT.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3 day of
2009.
WITNESS:
~A~ ~ ~M ~~iam~
~.~ Y~Va~'y
STATE OF P~iP~A
COUNTY OF E~
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SS.
On this 3,C~- day of 2009, before me, the
undersigned officer, personally appeazed ayn B. Giorgio, individually, 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.
Notary Public
BE'dEP:LY J. SPOHR
NOTARY PUBI.tC
STATE OF NEW HAMPSHIRE
MY COMMISSION EXP. FEB. 4, 2014
FIRST AND FINAL ACCOUNT OF THE
ESTATE OF CARMELO B. GIORGIO, JR.,
LATE OF HAMPDEN TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA
DATE OF DEATH: MARCH 25, 2006
PRINCIPAL ACCOUNT
DEBITS:
Your Accountant charges herself with the following:
Personal Proaerty Value
Citigroup Global Markets -Investment Account $ 15,121.85
BellSouth -Spousal Benefit $ 32,025.96
Prudential Financial -Investment Account $ 3,400.00
Cendant -Class Action Settlement $ 2,048.91
Cendant -Class Action Settlement $ 991.56
PNC Checking Account $ 614.74
IRS Refund $ 667.97
TOTAL PRINCIPAL DEBITS $ 54,870.99
EXHIBIT A
CREDITS
Your Accountant asks credit for payments made from Principal Account as follows:
Description Amount
Kimmel Funeral Home -Funeral Expenses $ 982.00
Times Picayune Obituary -Obituary Costs $ 221.7b
Impestato's Restaurant -Memorial Dinner $ 1,400.00
Law Offices of Craig Diehl
Attorney Fees $ 2,000.00
Reimbursement for certified mail for PA DPW letter $ 5.32
Register of Wills -Cumberland County $ 177.00
Cumberland Law Journal -Estate Advertisement $ 75.00
Fenstermacher & Associates -Attorney Fees $ 265.50
The Sentinel -Estate Advertisement $ 198.16
Register of Wills, Cumberland County -Filing fee for
Pennsylvania Inheritance Tax Return $ 15.00
Register of Wills, Cumberland County -Filing fee for
Family Settlement Agreement $ 20.00
Andrews & Patel -Physician Bill $ 16.66
East Jefferson Hospital -Medical Bill $ 200.00
Dr. Angelo Russo -Physician Bill $ 2,126.97
Infectious Disease Associates -Medical Bill $ 154.62
Ochsner Clinic LLC -Physician Bill $ 49.24
Radiology & Interventional -Medical Bill $ 8.24
AARP Credit Card Services -Credit Cazd Bill $ 2,335.55
Cazdiovasculaz Specialists -Physician Bill $ 29.58
US Treasury - 2005 Federal Income Tax Liability $ 553.00
US Treasury - 2006 Federal Income Tax Liability $ 3,963.00
Robert Bonhage -Payment of Personal Loan $ 5,000.00
Register of Wills, Cumberland County -Payment of Inheritance
Taxes $ 1,548.29
Estimated Interest/Penalty for Inheritance Tax Delinquency $ 500.00
TOTAL PRINCIPAL CREDITS
$ 21,844.89
EXHIBIT B
RECAPITULATION
Principal Debits
Principal Credits
54,870.99
$ 21,844.89
BALANCE AVAILABLE FOR DISTRIBUTION
FROM ESTATE OF CARMELO B. GIORGIO, JR.
PURSUANT TO LAST WILL AND TESTAMENT $ 33.026.10
EXHIBIT C
SCHEDULE OF PROPOSED DISTRIBUTION
The Executrix proposes distribution of the Balance for Distribution to the following heirs as
described:
Balance Available per First and Final Account: $ 33,026.10
SUZANNE G. BONHAGE
Specific Bequest (Bell South) $ 16,012.98
Final Distribution $ 333.38
SAUNDRA G. PEARSON
Specific Bequest (Bell South) $ 16,012.98
Final Distribution $ 333.38
WAYNE B. GIORGIO
Final Distribution $ 333.38
TOTAL FOR DISTRIBUTION PURSUANT
TO LAST WILL AND TESTAMENT OF
CARMELO B. GIORGIO, JR. $ 33,026.10
EXHIBIT D