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HomeMy WebLinkAbout03-11-10s O S' J ~ `t f ;: r-r' ~-- _~~ t ~ ~y,.~ ~w, ry ~.i • _-3 C-~~~ .- r.~ L f~ _ _i7 t ;7 ESTATE OF HAROLD K FERGUSON 7Q-~r} ~~ -17 ~ Cr-~ Y - ' . ~ v ~ N - n _;: -_ -' rTi File No. 21-09-0115 ~ . "` "~' FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this ~~X! day of 2010 BETWEEN: CHERYL L. ZYGMUNT, being the legatee under the Last Will and Testament of Harold K. Ferguson, late of the Township of Southampton, Cumberland County, Pennsylvania, AND CHERYL L. ZYGMUNT, Executrix of the Estate under the Last Will and Testament of Harold K. Ferguson, deceased, WHEREAS, Harold K. Ferguson died Januazy 26, 2009, testate, and under his Will left his estate to the party herein; and WHEREAS, Letters Testamentary were granted to Cheryl L. Zygmunt on February 4, 2009, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Harold K. Ferguson have been liquidated or distributed and all his 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 party hereto desires to waive the duty of the Executrix to file a First 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 desires that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 NOW, THEREFORE, WITNESSETH, that the party 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 her distributive share as therein shown, does bind herself to the said Distribution and Accounting as set forth and further mutually releases Cheryl L. Zygmunt, Executrix, from all claims and demands whatsoever arising out of settlement of the Estate of Harold K. Ferguson. The party hereto does further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, she does hereby covenant and agree with the aforesaid personal representative that she 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 personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the party has hereunto set her hand and seal the day and year first above written. Wf1Nl;SS: ~ ~y ~ ~~~~~ EAL) Cheryl . Zygm it ~- WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the --~~ ~"5~ day of 2010 before me, the undersigned officer, personally appeared CHERYL L. ZYGMUNT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I here»ntn ~Pr ,,,., ha>,~ any „ff,.;,i ~o.,, WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, PA 1725 7-7 3 97 ~, ~ . '[AM Vii. ~anr.hiM~s In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0115 Estate of Harold K. Ferguson, Deceased Account Cheryl L. Zygmunt, Executrix Date of Death: 01/26/2009 Date of Incapacity, if any: None Date of Executrix's Appointment: 02/04/2009 Date of First Complete Advertisement: 02/10/2009 Accounting for the period: 01/26/2009 to 02/26/2010 Purpose of Account: Cheryl L. Zygmunt, 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 Harold K. Ferguson, Deceased For the period of January 26.2009 through February 26 2010 Proposed Distributions to Beneficiaries PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sates or Other Dispositions Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State & 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 Fiduciary Current Acquisition PAGES Value Value 11 4,495.22 4,495.22 3 - 4 64,289.96 0.00 64,289.96 5 5,694.50 5 1,595.37 5 - 6 1,345.87 8 2,200.00 0.00 5 3,959.00 0.00 14,794.74 49,495.22 0.00 8 45,000.00 9 4,495.22 10 12 13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,495.22 -2- SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) Cash Check on hand at date of death - Embarq refund Total Cash Personal Property 1987 Buick -proceeds of sale 02-24-2009 Total Personal Property Real Estate 30 Strafford Street, Shippensburg, PA 17257 - proceeds of sale 03-27-2009 Total Real Estate Total Receipts Subsequent Principal Receipts 0.99 1,200.00 60,000.00 01/27/2010 Central Penn Gas -refund 77,80 07/21/2009 Commonwealth of Pennsylvania - 2008 property 250.00 tax rebate 12/31/2009 Commonwealth of Pennsylvania - PA 10.16 inheritance tax refund 03/27/2009 County tax proration at real estate settlement 136.16 03/05/2009 Highmark Blue Shield -benefit check 884.73 03/27/2009 School tax proration at real estate settlement 180.66 02/24/2009 State Farm Insurance -refund at cancellation of 250.00 auto insurance 03/31/2009 Stats Farm Insurance -refund at cancellation of 11.44 homeowner's insurance 04/24/2009 U. S. Treasury - 2008 federal income tax refund 1,229.88 and stimulus recovery rebate 02/26/2010 U. S. Treasury - 2009 federal income tax refund 58.04 (to be received) Total Subsequent Principal Receipts Fiduciary Acquisition Value 0.99 1,200.00 60,000.00 61,200.99 3.088.97 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 02/17/2009 Penelec 32.52 02/24/2009 Central Penn Gas 246.67 03/03/2009 CFJMA 30.00 03/10/2009 West Shore EMS 884.73 03/17/2009 Penelec 25.91 03/24/2009 Central Penn Gas 157.77 03/27/2009 Real Estate Settlement Expenses -including 945.70 realty transfer tax (5600.00); deed preparation (x85.00); 2009 county taxes (:177.50); final sewer bill (x26.74); and final water bill (557.06) 04/07/2009 Central Penn Gas 38.28 04/09/2009 Penelec 11.92 05/13/2009 Shippensburg Health Care Center -final billing 3,321.00 Total Debts of Decedent Funeral Expenses 04/02/2009 Family Traditions -luncheon 355.37 04/02/2009 Geisel Funeral Home 210.00 04/02/2009 Parklawns -grave opening 645.00 04/02/2009 Parklawns -marker plate 285.00 04/02/2009 Rev. Robert L. Mentzer -memorial service 100.00 Total Funeral Expenses Administration Exaenses 02/04/2009 Register of Wills, Cumberland County -Letters 177.00 Testamentary and Short Certificates 02/05/2009 Cumberland Law Journal -advertising Letters 75.00 Testamentary 5,694.50 1,595.37 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 03/11/2009 Terry L. Sheffer -disposal of scrap material from 385.00 home 03/12/2009 News Chronicle -advertising Letters 104.75 Testamentary 04/02/2009 Cheryl L. Zygmunt -reimbursement for supplies 18.23 for cleaning out residence prior to sale 04/02/2009 Cheryl L. Zygmunt -reimbursement for payment 185.75 of car insurance (5113.77); car registration (x63.50); and key for vehicle (58.48) 04/09/2009 Cheryl L. Zygmunt -reimbursement for 275.14 expenses of selling automobile, including inspection and repairs, wheel covers and floor mats, advertising, and tag return fee 06/09/2009 Linda K. Klein -notary fee 20.00 06/09/2009 Register of Wills, Cumberland County -filing PA 15.00 Inheritance Tax Return 06/09/2009 Register of Wills, Cumberland County - filing 75.00 Family Settlement Agreement 06/09/2009 Weigle & Associates, P.C. -reimbursement for 15.00 postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses Federal. State, and Local Taxes 04/14/2009 Register of Wills, Cumberland County - PA 2.200.00 Inheritance Tax at discount Total Taxes 1,345.87 2,200.00 Fees 06/09/2009 Weigle & Associates, P.C. 3.959.00 Total Fees 3.959.00 -6- PRINCIPAL BALANCE ON HAND # Units Description Cash Estate Checking Account Total Cash Assets U. S. Treasury - 2009 federal income tax refund (to be received) Total Assets Current Value Fiduciary 02/26/2010 Acquisition or as Noted Value 4,437.18 4,437.18 4,437.18 4.437.18 58.04 58.04 58.04 58.04 4,495.22 4,495.22 -9- COMBINED BALANCE ON HAND Current Value Fiduciary # Units Description 02/26/2010 Acquisition or as Noted Value Cash Estate Checking Account 4,437.18 4,437.18 Total Cash 4,437.18 4,437.18 Assets U. S. Treasury - 2009 federal income tax refund (to be 58.04 58.04 received) Total Assets 58.04 58.04 4.495.22 4,495.22 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value 02/26/2010 or as noted TO: Cheryl L. 2vamunt Cash -final distribution U. S. Treasury - 2009 federal Income tax refund (to be received) Fiduciary Acquisition Value 4.437.18 4,437.18 58.04 58.04 4,495.22 4.495.22 Total 4,495.22 4.495.22 - 11 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0115 Estate of Harold K. Ferguson, Deceased Signature ~n I L. Zygfi4Gnt, Exe~`utri~( -12- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0115 Estate of Harold K. Ferguson, Deceased Verification Cheryl L. Zygmunt, Executrix under the Last Will and Testament of Harold K. Ferguson, 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 filing of the foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Chifryl LL~/~munt, t:x~cutrix Dated: ~ ,~~, /d oZG /D -13-