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HomeMy WebLinkAbout09-11-09~ f N ~ C~ -- ~ c~ C7 ~' - ~I, ~__ ~ N I~ '~ ~ ,, _ ~ ESTATE OF MARGARETTA NEFF ~' j ~ ro ~ ,..I`a File No. 21-08-1156 -~~--r, _ ,' - ~, - - ,-, FAMILY SETTLEMENT AGREEMENT :~ ~~ o ' ` ~- ,~- ~ c{ .. THIS AGREEMENT made this 2-- day of ~~.-e ~ ~,ti~,~~~ , 2009 BETWEEN: COURTLAND ALEXANDER KENYON, JACK CHANDLER KENYON, BARCLAY KENNETH KENYON, and MARY A. KENYON, being the legatees under the Last Will and Testament of Margaretta Neff, late of the Township of Shippensburg, Cumberland County, Pennsylvania, AND LINDA K. KLEIN, Executrix of the Estate under the Last Will and Testament of Margaretta Neff, deceased, WHEREAS, Margaretta Neff died November 3, 2008, testate, and under her Will left her estate to the parties herein; and WHEREAS, Letters Testamentary were granted to Linda K. Klein on November 20, 2008, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Margaretta Neff 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 Executrix, the said parties hereto desire to waive the duty of the Executrix to file a First V WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-139'7 ~V and Final Account with Proposed Schedule of Distribution for 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 Linda K. Klein, Executrix, from all claims and demands whatsoever arising out of settlement of the Estate of Margaretta Neff. 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 representative 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 representative after the signing, sealing and delivery of this family settlement agreement and final release. WEIGLE & ASSOCIATES, P.G. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~-- y~~~ r .-, c. , ~`_ ,,-- (SEAL) Courtlan lexander Kenyon Kenyon Kenyon. l./,j ~ EAL) (SEAL) ~ -f i ~' ~ . ~,~ ~sEAIJ~ Mary A~ Cenyoi WEIGLE & ASSOCIATES, P.C.. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~? ~~~ On this, the SS day of `. ~,- ~~''~~./ ~~ ~~ 2009, before me, the undersigned officer, personally appeared BARCLAY KENNETH KENYON and MARY A. KENYON, 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. Notarial Seal RNa'ida R. Woltad. Notary Public ~IPP~~rB l3oro, Curribedand County My Commission E~ires Jan. 20, 2013 COMMONWEALTH OF VIRGINIA SS COUNTY OF ~ ~'~=7,,~~y c,,~~~P, L -k~--, On this, the _ '~j day of `j~Q~~-, p,.- 2009, before me, the undersigned officer, personally appeared JACK CHANDLER KENYON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. QOI~IA M. iMfi1! Notdry F~ubHc Gommonw~aRA of VlrglrNo ~`S ~ ~,. SEAL >t~odse ~r~ ~ -~~ My Coe~mbslon Expgq Fib 2A. 2011 WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG. PA 77257-1397 ~~~ STATE OF END SS COUNTY O~ ~r,7a•-~~~~ vc.-,~~,~., ~~ On this, the _ ~~ day of ~ - ~~~-~~.- 2009, before me, the undersigned officer, personally appeared COURTLAND ALEXANDER KENYON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ==•~.~- ; DONNA M. SMITH Notary Public ._~ ~ - Commonwealth of V(rginto ~°'~~'`<~ ~ \ * r~~e~ (SEAL) 170636 My Commission Expires Feb 28, 2011 WEIGLE & ASSOCIATES, P. C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-1156 Estate of Margaretta Neff, Deceased __ Shippensburg Township, Cumberland County Account Linda K. Klein, Executrix Date of Death: 11/03/2008 Date of Incapacity, if any: None Date of Executrix's Appointment: 11/20/2008 Date of First Complete Advertisement: 1 211 212 0 0 8 Accounting for the period: 11/03/2008 to 09/01/2009 Purpose of Account: Linda K. Klein, Executrix, offers 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 717/532-7388 Supreme Court I.D. No. 01624 SUMMARY OF ACCOUNT Estate of Margaretta Neff, Deceased For the period of November 3 2008 through September 1 2009 Proposed Distributions to Beneficiaries PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State 8~ Local Taxes Commissions Fees Family Exemption Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements Balance Before Distributions Transfer to (from) Income Distributions to Beneficiaries Income Balance on Hand For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND Signature Verification PAGES 8 Current Value Fiduciary Acquisition Value 9,866.05 9,866.05 3 59,628.27 0.00 59,628.27 4 1,912.13 4 9,504.95 4 - 5 484.75 5 1,860.39 5 2,500.00 5 1,500.00 0.00 17,762.22 41,866.05 0.00 6 32,000.00 7 9,866.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,866.05 9 10 -2- SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) 11 /18/2008 04/28/2009 Cash Orrstown Bank Checking Account #600687 Orrstown Bank Checking Account #600687 - social security direct deposit to account 11-03-08 Orrstown Bank Irrevocable Burial Account #23558 Accrued interest on above item through date of death Orrstown Bank Money Markekt Account #103212630 Total Cash Total Receipts 3,250.88 558.00 9,311.49 4.24 44,765.66 Subsequent Principal Receipts First Church of God Busch Trust -contribution 1,180.00 for funeral expenses U. S. Treasury - repayment to estate of final 558.00 social security benefit Total Subsequent Principal Receipts Total Adjustments and Subsequent Receipts Total Receipts of Principal Fiduciary Acquisition Value 57,890.27 57,890.27 1,738.00 1,738.00 59,628.27 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 11/20/2008 Pharmacare 11/20/2008 Shippensburg Health Care Center 11/24/2008 Orrstown Bank Checking Account #600687 - return of 11-03-08 social security payment 12/09/2008 Pharmacare 12/23/2008 Shippensburg Health Care Center 02/12/2009 Internal Revenue Service - 2008 1040 federal income tax 02/23/2009 Shippensburg Health Care Center Total Debts of Decedent Funeral Expenses 11/12/2008 Fogelsanger-Bricker Funeral Home 11/20/2008 Market Cross Pub -funeral reception Total Funeral Expenses Administration Expenses 11/20/2008 Cumberland Law Journal -advertising Letters Testamentary 11/20/2008 Register of Wills, Cumberland County -Letters Testamentary and Short Certificates 01/13/2009 News Chronicle -advertising Letters Testamentary 03/05/2009 Weigle ~ Associates, P.C. -reimbursement for postage, xerox copies, and long distance telephone calls 03/05/2009 Weigle 8~ Associates, P.C. -notary fee 136.24 983.00 558.00 65.89 50.00 69.00 50.00 9,315.73 189.22 75.00 124.00 104.75 22.00 24.00 1.912.13 9,504.95 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 03/12/2009 Register of Wills, Cumberland County -filing PA Inheritance Tax Return 03/17/2009 Register of Wills, Cumberland County - additional probate fee 09/01/2009 Register of Wills, Cumberland County -filing Family Settlement Agreement Total Miscellaneous Administrative Expenses Federal, State, and Local Taxes 01/21/2009 Register of Wills, Cumberland County - PA inheritance tax payment at discount 03/10/2009 Register of Wills, Cumberland County -balance of PA inheritance tax owed Total Taxes Commissions 08/25/2009 Linda K. Klein, Executrix Total Commissions Fees 03/05/2009 Weigle 8~ Associates, P.C. Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 15.00 45.00 75.00 1,600.00 260.39 2,500.00 1,500.00 484.75 1,860.39 2,500.00 1,500.00 17,762.22 -5- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Barclay K. Kenyon 01/05/2009 Partial Distribution 8,000.00 8,000.00 Courtland A. Kenvon 01/05/2009 Partial Distribution 8,000.00 8,000.00 Jack C. Kenvon 01/05/2009 Partial Distribution 8,000.00 8,000.00 Marv A. Kenvon 01/05/2009 Partial Distribution 8,000.00 8,000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 32,000.00 -6- PRINCIPAL BALANCE ON HAND # Units Description Current Value 09/01 /2009 or as Noted Fiduciary Acquisition Cash Estate Funds Total Cash 9,866.05 9,866.05 9,866.05 9,866.05 9,866.05 9,866.05 -7- COMBINED BALANCE ON HAND # Units Description vaa~ ~ Estate Funds Current Value Fiduciary 09/01/2009 Acquisition or as Noted Value 9,866.05 9,866.05 Total Cash 9,866.05 9,866.05 9,866.05 9,866.05 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 09/01/2009 Acquisition or as noted Value TO: Barclav K. Kenvon 114 Share of Residuary -CASH 2,466.52 2,466.52 2,466.52 2.466.52 TO: Courtland A. Kenvon 114 Share of Residuary -CASH 2.466.51 2,466.51 2,466.51 2.466.51 TO: Jack C. Kenvon 1/4 Share of Residuary -CASH 2,466.51 2,466.51 2,466.51 2,466.51 TO: Marv A. Kenvon 114 Share of Residuary -CASH 2,466.51 2.466.51 2,466.51 2,466.51 Total 9,866.05 9,866.05 -8- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-1156 Estate of Margaretta Neff, Deceased Signature ~.~ , /t,'4~` ~ ~ ~ ti n.~ Linda .Klein, Executrix -9- • In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-1156 --_ __ Estate of Margaretta Neff, Deceased Verification Linda K. Klein, Executrix under the Last Will and Testament of Margaretta Neff, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her 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. . / /,, ~~ ~Cl ~,_-~~ti. Linda K. Klein, Executrix Dated: ~- <?- C? 9 -10-