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Home My WebLink About10-21-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF BETTY W. CASEY, DECEASED c~ o FILE N0.2009-00634 `=; r7 O PA No. 21-09-0634 C7 D- r --i ~~ N FAMILY AGREEMENT AND FINAL RELEASE "' `' -' _) T THIS AGREEMENT by and between KATHLEEN D. ROTH, individu~}F~'-.,and as` r W Executrix of the Estate of BETTY W. CASEY, Deceased, and JOHN W. CASEY, ~+ individually. WHEREAS, BETTY W. CASEY, late of Cumberland County, Pennsylvania, died testate on June 26, 2009; having first made her Last Will and Testament dated May 21, 2004 which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2009-00634; WHEREAS, KATHLEEN D. ROTH has been duly appointed as Executrix of the Estate of BETTY W. CASEY, Deceased, and WHEREAS, the parties in interest aze: KATHLEEN D. ROTH, daughter; and 2. JOHN W. CASEY, son. WHEREAS, KATHLEEN D. ROTH and JOHN W. CASEY aze each entitled to one- half (1/2) of the residuary property; WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; rr -~t,-'i r'~ r__l, .7 `.: ~ en _try P~ -.:xi -''.J ~" C7 _~ j~ i WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and mazked as Exhibit A; WHEREAS, it is the desire of the pazties to this agreement that administration of this estate be completed and accomplished without a formal accounting and adjudication in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the additional expense, delay and publicity of a formal accounting. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: I. KATHLEEN D. ROTH, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever dischazge the said Executrix, KATHLEEN D. ROTH, her heirs, Executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and CHRISTA M. APLIN, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of BETTY W. CASEY. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the Estate from creditors or claimants. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 4. Each of the parties acknowledges that the terms of this Agreement shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executrix that should any liability come due to the Estate of the said decedent after the signing of this Agreement, each will contribute pro rata her 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 Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ~~m~r , 2009. WITNESS: ~p.~ )~I,EEN D. ROT ,Executrix and Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this the Zt~~ day of , 2009 before me, a Notary Public, the undersigned officer, personally appeared KATHLEEN D. ROTH 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. ~~C "~-'~-~- Notary Public NOTARIAL SEAL PAULA K WNITE LOWER PAXTON ITNryP DAUPHIN COUNTY My Commlaa!•m Explrea Apr 5, 2012 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of Oe~•o~o.e2 , 2009. WITNESS: JOHi l W. CASEY, Benefi ' •y COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~1f1ti+H-1'ly SS: On this the ZD~day of VC'~~ ~ , 2009 before me, a Notary Public, the undersigned officer, personally appeared JOHN W. CASEY 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. Notary Public NOTARIAL SEAL PAULA K NMITE Notary Public LOyJER PAXTON TWP, DAUPHIN COUNTY My Commissinn Expires Apr 5, 2012 4 ESTATE OF BETTY W. CASEY DATE OF DEATH DEATH JUNE 26, 2009 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 6/26/2009-10/1/2009 Assets -Schedule A Income -Schedule B Disbursements -Schedule C Assets Available for Distribution Distributions to Beneficiaries -Schedule D Balance reserved for contingencies $ 66,975.08 $ 890.19 $ (7,190.05) $ 60,675.22 $ 60,675.22 $ - ~ The residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent and estate in the future. ens~zoos Exhibit A ESTATE OF BETTY W. CASEY DATE OF DEATH JUNE 26, 2009 ASSETS SCHEDULE A DESCRIPTION CASH VALUE AT DATE OF DEATH Morgan Stanley Smith Barney Account #651-75117-1-0-247 $ 66,615.53 REIMBURSEMENTSIREFUNDS Bridges at Bent Creek Refund United Healthcare Refund 183.87 175.68 $ 66,975.08 9I25I2009 ESTATE OF BETTY W. CASEY DATE OF DEATH JUNE 26, 2009 INCOME SCHEDULE B DESCRIPTION Interest Income Morgan Stanley Smith Barney Estate Account#651-0617C-17 247 $ 890.19 TOTAL INCOME $ 890.19 9/25/2009 ESTATE OF BETTY W. CASEY DISBURSEMENTS SCHEDULE C DESCRIPTION CATEGORY AMOUNT Auer Cremation Services of Pennsylvania Funeral $ 146.90 Jon Uhlinger, Clergy fee Funeral $ 100.00 Brian Rice, organist for funeral Funeral $ 100.00 Camp Hill United Methodist Church Hospitality, funeral luncheon Funeral $ 600.00 The Patriot News; obituary Funeral $ 231.29 Register of Wills, Cumberland County; probate fees Adm $ 181.00 Register of Wills; Cumberland County; FSA filing fee Adm $ 20.00 Register of Wills; Cumberland County; ITR & Inventory fees Adm $ 30.00 Cumberland Law Journal; legal advertising Adm $ 75.00 The Sentinel; legal advertising Adm $ 187.54 Jan L Brown & Associates; legal fee Adm $ 2,500.00 Rosa Lucindon, final extra duty nursing Debt $ 120.00 Odyssey Health Care, final services for Betty W. Casey Debt $ 100.00 Register of Wills, Agent; inheritance taxes Tax $ 2,798.32 $ 7,190.05 9/25/2009 ESTATE OF BETTY W. CASEY DATE OF DEATH JUNE 26, 2009 DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED MAY 21, 2004 SCHEDULE D Kathleen D. Roth, daughter, 1/2 residuary estate Cash distribution on or after 1 0 /112 0 0 9 $ 30,337.61 John W. Casey, son, 1/2 residuary estate Cash distribution on or after 10/1/2009 $ 30,337.61 $ 60,675.22 $ 60,675.22 9/25/2009