Loading...
HomeMy WebLinkAbout11-23-09REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of William S. Brinley, No. 21-08-0213 Deceased Date of Death: February 15, 2008 P`J C=~ c~ ~-~ ~" ~~ ~ __ '~__ -'=ice h~ ~~. c..~ ~ "_ , FAMILY SETTLEMENT AND FINAL RELEASE ESTATE OF WILLIAM S. BRINLEY, DECEASED '< _' '~' ~= ~:,~ ~ , _, .. ~, __ ~- KNOW ALL MEN BY THESE PRESENTS, that William S. Brinley, late of New Cumberland Borough, Cumberland County, Pennsylvania, deceased, died intestate on February 15, 2008; WHEREAS, Letters of Administration on the Estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to decedent's mother, Phoebe A. Brinley, as Administratrix of the Estate of William S. Brinley; WHEREAS, the Administratrx, hereinafter called "personal representative" has gathered the assets of the Estate of the said decedent, with the exception of a federal income tax refund that remains due and pending, as set forth on the First and Final Account approved by said personal representative and which is attached hereto and made a part hereof and marked Exhibit "A"; WHEREAS ,Samantha M. Brinley, the minor daughter of the decedent, is the sole and only heir of the said decedent, and WHEREAS, Kimberly A. Lamarca and Elaine Brinley have been appointed by the Orphans Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, as Co-Guardians of the Estate of Samantha M. Brinley. NOW, THEREFORE, Kimberly A. Lamarca and Elaine Brinley, in their capacity as Co- Guardians of the Estate of Samantha M. Brinley, being the sole and only heir of the said decedent, and being the only person entitled to inherit under said Last Will and Testament, do hereby acknowledge that they have this day had and received from the aforesaid personal representative on behalf of the minor child of the decedent, in full satisfaction and payment of all sums of money, legacies, bequests, and devises as are given, devised and bequeathed to said minor, the amounts due to her from the administration of the estate, which amounts have been received this day or prior to this day, with the exception of the proceeds from the pending and anticipated federal income tax refund; and, 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, on behalf of the minor child, that no account is necessary and do hereby agree that we do 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 they had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. THEREFORE, on behalf of the minor child, we do hereby remise, release, quitclaim and forever discharge the said personal representative, Phoebe A. Brinley, her heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the Estate of the said decedent, and, on behalf of the minor child, we do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we do hereby covenant and agree that we will contribute from the assets of the minor child to 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. PROVIDED, HOWEVER, that the personal representative, upon receipt of the anticipated federal income tax refund, shall promptly distribute said refund unto the co-guardians of the estate of the minor beneficiary without need for further accounting or further approval of the Orphan's Court of Cumberland County. THIS AGREEMENT may be executed in multiple counterparts and shall become effective at such time as it has been executed by all beneficiaries as named in this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year noted below. r ~ ~' Date Witness Phoebe A. Brinley, A i~iistratirx of th, Estate of William S. Brinley, Decease ~., ~ l/ ~s- d ~ D e Witness ~ ! 'mberly A. Lamarca, in her capacity as ~' ,/~ Co-Guardian of the Estate of ~,~'~ Samantha A. Brinley, a minor child -, Date Witness Elaine Brinley, in her c acity as Co-Guardian of the state of Samantha A. Brinley, a minor child EXHIBIT "A" ESTATE OF WILLIAM S. BRINLEY, DECEASED LATE OF NEW CUMBERLAND BOROUGH, CUMBERLAND COUNTY, PA FIRST AND FINAL ACCOUNT OF PHOEBE A. BRINLEY, ADMINISTRATOR Date of Death: February 15, 2008 Accounts Dated to: November 7, 2009 Assets: M&T Bank Account No. 1107593 10,516.27 Commerce Bank Account No. 626877351 202.82 Rent Received 427 Hillside Road 3,437.50 2002 Ford Explorer XLT 8,849.28 Builders Benefits, Inc. 967.00 HRS/TND Associates, Inc. 310.10 Progressive Insurance Refund 271.00 Sprint Nextel Refund 60.20 Proceeds From Sale of 427 Hillside Rd. 38,918.09 Spirit Physician Services, Inc. Refund 10.00 Wachovia Mortgage Escrow Refund 268.27 Internal Revenue Service Stimulus 600.09 Payment United States Treasury 2008 Refund 1,853.00 PA Department of Revenue Refund 1,283.32 Total Gross Assets Expenses Paid From Proceeds: Register of Wills 265.00 PA American Water 224.75 Wachovia Mortgage (6 Payments) 4,327.02 Stone & Murray Funeral Home 3,430.00 Susquehanna Bank PA (vehicle loan) 8,849.28 Camp Hill Emergency Physicians 967.00 Citizens Bank Service Charge 20.19 Cumberland Law Journal 75.00 Patriot-News 99.66 P. Scott Archibald Real Estate 350.00 Appraisals Rolling Green Cemetery Company 2,270.00 Robin Gasperetti Tax Collector 9.80 New Cumberland Borough Sewer & 200.95 Trash Richard Cassel (cleanup and trash 250.00 removal) 67,546.94 Christopher Brinley (grass cutting) 140.00 Kline Law Office 2,688.32 PP&L 60.41 Boreman & Babb 450.00 United States Treasury 2007 Income Tax 1,151.00 West Shore Tax Bureau 2007 Local 160.85 Income Tax Register of Wills/Clerk of Orphans Court 115.00 Register of Wills 30.00 Register of Wills (inheritance tax) 4,350.28 Internal Revenue Service 66.82 United States Treasury 2008 Income Tax 5,435.00 PA Department of Revenue 2008 Income 1,259.00 Tax Register of Wills 20.00 Kline Law Office 1,500.00 Total Expenses to Date Net Remaining Balance Final Distribution*: Kimberly A. Lamarca & Elaine Brinley, as Co-Guardians of the Estate of Samantha M. Brinley 38,765.33 28,781.61 $ 28,781.61 *Final Distribution is subject to a pending federal income tax refund from an amended return filed in regard to the state's 2008 federal tax return. Said refund is anticipated to be in the amount of $5,435.00, more or less, plus accrued interest, and shall be distributed to the co- guardians of the minor beneficiary upon its receipt by the administrator.