The URL can be used to link to this page

Home My WebLink About05-26-10Y ~~ ..+... ...r.,{ ~ t-rl T ~ - , .~ ~..- ...._.J Y w-C { ~~ . i _, ... .. -' ^ , ' ~/ 1 FAMILY SETTLEMENT AGREEMENT ~~; `-~ ~ ~a ~ `~_' ~, THE ESTATE OF GERTRUDE AGNES TONES DEC D- ~~ ~~~- ~-~ . , 0 ~ ,~ 7~? AGREEMENT executed this ~ a .day of /n of y 2010, by and between VIRGINIA STENGER, Executrix of the Estate of GERTRUDE AGNES JONES, deceased, and LINDA M. SCHLUSSER, CAROL C. HAINES, STANLEY M. JONES and DANIEL C. JONES, heirs and beneficiaries of the Estate of GERTRUDE AGNES JONES. WHEREAS, GERTRUDE AGNES JONES, late of Lower Frankford Township, Cumberland County, Pennsylvania, died on January 18, 2009, having left a Last Will and Testament dated October 17, 2007. WHEREAS, on March 13, 2009, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint VIRGINIA STENGER, as Executrix of the Estate of GERTRUDE AGNES JONES, in Estate Number 21- 09-0243 upon the probating of the aforesaid Last Will and Testament, and WHEREAS, the Executrix has proceeded with the administration of said Estate consisting of assets in the amount of $92,965.44, plus non-probate assets of $1,798.24, plus interest and contributions of $268.63, less disbursements in the amount of $11,343.03, and leaving a principal balance on hand of $83,689.28, as set forth in the First and Final Account, a true and correct copy is attached hereto and made part hereof as Exhibit "A", and WHEREAS, the only parties in interest in said Estate are the above-named parties, and WHEREAS, said parties in interest desire that the Executrix shall not be required to file an Account with the Orphan's Court of Cumberland County, Pennsylvania, and that the net estate of the decedent shall be distributed without the necessity of filing a formal Account to avoid the expense, delay and publicity of a formal accounting, but should instead be distributed in accordance with the Executrix's Proposed Schedule of Distribution, a true and correct copy of which is attached hereto and made a part hereof as Exhibit "B". t NOW THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the above-named heirs and beneficiaries of the Estate of GERTRUDE AGNES JONES do hereby mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge .that they have fully and carefully examined the First and Final Account of VIRGINIA STENGER, Executrix for the Estate of GERTRUDE AGNES JONES, deceased, and Proposed Schedule of Distribution relating thereto, and find them to be true and correct, and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. The parties hereto hereby agree that in order to avoid the expense, delay and publicity involved in the filing of a formal Account and Schedule of Distribution, no accounting to the Court is necessary and we 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 Orphan's Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 3. The parties hereby remise, release, quitclaim and forever discharge the Estate of GERTRUDE AGNES JONES, and VIRGINIA STENGER, Executrix, her heirs, Executors, administrators and assigns, from all manner of acts, suits, claims, accountings, debts and demands whatsoever which we or any of us or our legal representatives or assigns may at any time hereafter have against said Executrix, estate, or assets thereof, touching or concerning the Estate of the Decedent. 4. The parties hereto covenant and agree that they will contribute their share of the Estate to satisfy all claims, debts, demands, suits or cause of action which may be successfully brought against the Estate or the Executrix after the execution of this Family Settlement and Final Release. 5. The parties hereto hereby agree that they will at all times in the future and wherever necessary, appropriate or convenient, made, execute and deliver to said Executrix, and/or to the other party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Family Settlement and Final Release. 6. This Family Settlement and Final Release constitutes the entire understanding among the parties hereto, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them prior hereto by the Executrix or any other person or party upon her behalf. 7. This Family Settlement and Final Release shall inure to the benefit and shall bind the parties hereto, and each of them, their heirs, Executors, administrators, successors and assigns. 8. This Family Settlement and Final Release shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. WITNESSETH: ~~~//~ Date VIRGI A STENGER Executrix IfT ~. ~ . ~~ - ~ i , :~ ~.. Date ~ L NDA M. SCHL SSER Individ ally as heir and beneficiary r ~~ o ~... Date CAROL C. HAINES Individually as heir and beneficiary ~G ~~ - ~~ Date STANLEY .JONES Individually as heir and beneficiary ~-! ~ ~ Date DANIEL C. JONES Individually as heir FIRST AND FINAL ACCOUNT OF VIRGINIA STENGE _ EXECUTRIX OF THE ESTATE OF GERTRUDE AGNES TONES Deceased Date of Death: January 18, 2009 Date of Executrix' Appointment March 13, 2009 Accountt'ng for the Period of March 13, 2009 to April ,~ 1 , 2010 Purpose of Account: VIRGINIA STENGER, Executrix of the Estate of GERTRUDE AGNES JONES, offers this Account to acquaint interested arties with the transactions that have occurred during her administration of the E p the accounting period indicated above. The Account also ' state for distribution of the Estate. Indicates the proposed It is important that the Account be carefully examined. Re nest for addltlonal information or questions or objections can be discussed with: q Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 EXHIBIT "A" SUMMARY OF ACCOUNT Principal -Total Assets $95,032.31 Less Disbursements of Principal (-) 11,343.03 TOTAL Cash Available for Distribution $83,689.28 RECEIPTS OF PRINCIPAL REAL ESTATE None STOCKS and BONDS None CASH and BANK ACCOUNTS 1. M&T Investment Group M&T Securities Account AZ0484038..........$92,910.20 SUBTOTAL ................................................................ $92,910.20 ADDITIONAL RECEIPTS 1. Carlisle Regional Medical Center Refund...... $46.09 2. Medical and Cosmetic Dermatology Refund... $ 9.15 SUBTOTAL ................................................................. $ 55.24 TOTAL PRINCIPAL of probate Estate before adjustments ............................$ 92,965.44 NON-PROBATE ASSETS ATTRIBUTABLE TO ESTATE 1 • United Insurance Corps of America ............. .$124.82 Policy #6010205223 2. United Insurance Corps of America ..................$487.02 Policy #6010207691 3. M&T Checking ...................................... .$1,186.40 Account No. 9843119521 (50% interest) (jointly owned) SUBTOTAL .................................................................$1,798.24 GAINS AND LOSSES ON SALES AND OTHER DISTRIBUTIONS GAINS: Post death accrued interest on estate checking .............$ 9.33 Bonus on opening estate checking ................... $100.00 Contribution from third party (Linda Schlusser) ......... $ 85.41 Post death Interest on M&T Securities .................... $ 73.89 SUBTOTAL ................................................................. $268.63 NET ADJUSTMENT FOR GAINS AND LOSSES .....................................$268.63 Total principal of Estate with all adjustments ............................$95,032.31 DISBURSEMENTS OF PRINCIPAL M&T Bank Account No. 9849166765 (Estate checking account) DEBTS OF DECEDENT Chapel Pointe at Carlisle ........................................................ $2,437.50 Carlisle Regional Medical Center ................. ......................... $ 46.09 Cumberland Goodwill Fire &Rescue .................................... $ 78.90 Chapel Pointe at Carlisle .................................... $ 18.30 .................... Millinium Pharmacy .............................................................. $ 283.73 Chase Autopay Charge .................... $ 51.12 ....................................... Check paid from Decedent checking post-death .................... $ 50.00 SUBTOTAL :.................................................$ 2,965.64 FUNERAL EXPENSES Minnick Funeral Home .......................................................... $ 350.00 SUBTOTAL :................................................ $ 350.00 ADMINISTRATION EXPENSES 1. Attorney's fees to GRIFFIE & ASSOCIATES .................... $ 3,200.00 2. Personal Representative's Commission ........................$ 300.00 3. Probate Fees .......................................................................... $ 252.00 4. Accounting Fees (2008 Tax Return) ............................$ 125.00 5. Advertising -The Sentinel ................................................... $ 187.54 6. Advertising -Cumberland Law Journal ............................... $ 75.00 SUBTOTAL: $ 4,139.54 TAXES Pennsylvania Inheritance Tax $3,887.85 SUBTOTAL: $3,887.85 TOTAL DISBURSEMENTS OF PRINCIPAL $11,343.03 NON-PROBATE ASSETS PREVIOUSLY DISTRIBUTED None INTERIM DISBURSEMENTS TO BENEFICIARIES None TOTAL DISBURSEMENT AND DISTRIBUTIONS $11,343.03 Total Principal of Estate with Adjustments $95 032.31 Total Disbursements and Distributions 11 343.03 Net available estate assets $83,689.28 PROPOSED SCHEDULE OF DISTRIBUTION Assets for Distribution Cash on Hand ....................................................................... $83,689.28 TOTAL: $ 83,689.28 Net Cash on Hand Distributed as Follows: LINDA M. SCHLUSSER .................................................... $27,896.43 CAROL C. HAINES ............................................................ $27,896.43 STANLEY M. JONES ..........................................$27,896.42 TOTAL CASH DISBURSEMENT: $ 83,689.28 EXHIBIT "B"