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HomeMy WebLinkAbout07-15-10~~-0~-559 ~ C _ `' ~...- `1 i_l l if ~ :l FAMILY SETTLEMENT AGREEMENT ~ - ~ ~ ~ . , ; J~ F~~-'t t'.~) ~.) IN THE ESTATE OF DORIS AMY HESS, DECEASE"' ~"= . ;; E.u~ AGREEMENT executed this ~ day of ~1 ~/ ', 2010, b' and between DENISE K. BEAM and DEBRA J. BRYMESSER, Executrix of the Estate of DORIS AMY HESS, deceased, and DENISE KAY BEAM, DEBRA JO BRYMESSER, RICHARD ALAN HESS, and DAVID MICHAEL HESS, heirs and beneficiaries of the Estate of DORIS AMY HESS. WHEREAS, DORIS AMY HESS., late of South Middleton Township, Cumberland County, Pennsylvania, died on May 26, 2009, having left a Last Will and Testament dated March 10, 2004. WHEREAS, on June 16, 2009, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint DENISE K. BEAM and DEBRA JO BRYMESSER, as Co-Executrices of the Estate of DORIS AMY HESS, in F,state Number 21-09-0559 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 $106,242.25 plus adjustments, plus non-probate assets of $6,980.38, less disbursements in the amount of $21,856.13, and less distributions of non-probate assets in the amount of $3,487.05, less interim distributions to heir of $80,000.00 leaving a principal balance on hand of $8,738.86, 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 Co-Executrices 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 Co-Executrices' Proposed Schedule of Distribution, a true and correct copy of which is attached hereto and made a part hereof as Exhibit "B". -r:: -; --- ;=~, ;~ ~:~ ~ _~., NOW THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the above-named heirs and beneficiaries of the Estate of DORIS AMY HESS 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 DENISE K. BEAM and DEBRA JO BRYMESSER, Co-Executrices for the Estate of DORIS AMY HESS, 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 Franklin County, Pennsylvania. 3. The parties hereby remise, release, quitclaim and forever discharge the Estate of DORIS AMY HESS, and DENISE KAY BEAM and DEBRA JO BRYMESSER, Co- Executrices, their 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 Co-Executrices, 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 Co-Executrices 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 Co- Executrices, 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 Co-Executrices 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. f DD t~ DENISE Y BEAM Co-Executrix ..-. ~ Q~~ ~ ate DEBRA JO BRYMESSE Co-Executrix n iyL~-- Date DENIS KAY BEAM a/k/a DENISE K. BEAM Individually as heir and beneficiary Date'e~'L DEBRA JO BRYMESS /k/a/ DEBRA J. BRYMESSER Individually as heir and beneficiary 6 a ~ ~ -~ Date RIC ARD ALAN HESS a/k/a/ RICHARD A. HESS, Individually as heir and beneficiary ~~ ~ ~ ~ Date DAVID MICHAEL HESS a/k/a DAVID M. HESS FIRST AND FINAL ACCOUNT OF DENISE KAY BEAM AND DEBRA JO BRYMESSER, EXECUTRICES OF THE ESTATE OF DORIS AMY HESS. Deceased Date of Death: May 26, 2009 Date of Executrix' Appointment June 16, 2009 Accounting for the Period of June 16, 2009 to June , 2010 Purpose of Account: DENISE KAY BEAMAND DEBRA JO BRYMESSER, Executrices of the Estate of DORIS AMY HESS, offers this Account to acquaint interested parties with the transactions that have occurred during her administration of the Estate for the accounting period indicated above. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Request for additional information or questions or objections can be discussed with: Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 SUMMARY OF ACCOUNT Principal -Total Assets $114,082.04 (including non-probate assets) Less Disbursements of Principal (-) $21,856.13 Non-probate assets previously distributed (-) $3,487.05 In Kind Disbursement to Heirs, jointly $0.00 Interim Disbursement of Heirs (-) $80,000.00 TOTAL Cash Available for Distribution $8,738.86 Exhibit "A" RECEIPTS OF PRINCIPAL REAL ESTATE 1. 108-110 Second Street .............................. $100,000.00 Boiling Springs, PA 17007 SUBTOTAL ...........................................................$100,000.00 STOCKS and BONDS NONE CASH and BANK ACCOUNTS 1. PNC Bank Checking Account Account No. 514185783 ..............................$3,708.58 2. Fidelity Investment Direct Deposit .....................$289.38 SUBTOTAL ............................................................ $3,997.96 PERSONAL PROPERTY 1. Personal Property (auction) .......................$3,029.75 SUBTOTAL ......................................................$3,029.75 ADDITIONAL RECEIPTS 1. Health Insurance Premium Refund .................$355.70 2. Fuel Oil Reimbursement of Overpayment.......$1,526.39 3. Embarq refund ..........................................$ 17.92 4. Direct TV refund ........................................ $15.83 5. Homeowners Insurance Refund ......................$18.70 SUBTOTAL ............................................................$1,934.54 TOTAL PRINCIPAL of probate Estate before adjustments ...................$106,242.25 NON-PROBATE ASSETS ATTRIBUTABLE TO ESTATE 1. Trans America Annuity ..................................... $3,487.05 Annuity Number 02TFB036687 2. Contribution to Estate by third party ...................$3,493.33 (Denise Beam) SUBTOTAL .............................................................................$6,980.38 GAINS AND LOSSES ON SALES AND OTHER DISTRIBUTIONS GAINS: 1. Tax Proration credit at settlement (school) .................$771.14 2. Tax Proration credit at settlement (County/Township)... $67.56 3. Water and Sewer adjustment at settlement ...................$20.71 SUBTOTAL ...............................................................................$859.41 LOSSES: NONE Total principal of Estate with all adjustments ........................................$114,082.04 DISBURSEMENTS OF PRINCIPAL Orrstown Bank Account No. 103007881 DEBTS OF DECEDENT 1. Met Ed (Electric) ................................................$31.14 2. Carlisle Regional Medical Center (medical services).... $100.00 3. South Middleton Township Municipal Authority......... $106.00 4. Time Warner Pension Plan (overpayment) ................$289.38 5. Encompass Insurance (Home owners) .......................$62.30 6. Robert Cairns Tax Collection (Personal Taxes) .............$5.00 7. Embarq (phone service) .........................................$47.73 8. Waste Management (trash) ....................................$50.91 SUBTOTAL :................................................$ 687.46 FUNERAL EXPENSES Hoffman Roth Funeral Home & Crematory, Inc.......... $8,627.18 SUBTOTAL :.............................................. $ 8,627.18 ADMINISTRATION EXPENSES 1. Attorney's fees to GRIFFIE & ASSOCIATES............$ 4,000.00 2. Probate Fees ........................................................$336.00 3. Advertising -The Sentinel .......................................$198.16 4. Advertising -Cumberland Law Journal .............................$75.00 5. Diversified Appraisal Services ...................................$400.00 6. Auction fees and expenses ........................................$493.33 7. Met Ed (Electric) ....................................................$11.08 8. Encompass Insurance (Homeowners) ............................ $62.30 9. Encompass Insurance (Homeowners) ............................$62.30 10. Met Ed ...............................................................$20.38 11. Met Ed ................................................................$11.31 11. Real Estate Settlement fees .....................................$2,254.36 Notary ..............................................$15.00 Real Estate Transfer Tax .....................$1,000.00 Trash Collection ................................... $50.91 South Middleton Township Municipal Authority .......................................... $108.77 South Middleton Township Tax Collector ........................................ $1,079.75 13. Robert Cairns Tax Collector (Real Estate taxes) ...............................................................$296.03 SUBTOTAL: TAXES Pennsylvania Inheritance Tax Less Discount Plus Penalties and Interest ............................. SUBTOTAL: TOTAL DISBURSEMENTS OF PRINCIPAL NON-PROBATE ASSETS PREVIOUSLY DISTRIBUTED Trans America Annuity ........................................ $ 3,487.05 Account No. 02TFB036687 (Distributed to named beneficiaries) SUBTOTAL: INTERIM DISBURSEMENTS TO BENEFICIARIES Richard Hess .................................$20,000.00 Denise Beam .................................$20,000.00 Debra Brymesser .............................$20,000.00 David M. Hess ..............................$20,000.00 $ 8,220.25 $4,316.24 (-)$ 0.00 $ 0.00 $4,316.24 $21,856.13 $3,487.05 SUBTOTAL (INTERIM DISBURSEMENTS).......$80,000.00 TOTAL DISBURSEMENT AND DISTRIBUTIONS TOTAL PRINCIPAL Total Disbursements and Distributions Net available estate assets $105,343.18 $114,082.04 $105,343.18 $8,738.86 PROPOSED SCHEDULE OF DISTRIBUTION Assets for Distribution Cash on Hand ...................................................$8,738.86 TOTAL: $8,738.86 Net Cash on Hand Distributed as Follows: Denise Kay Beam .......................................... Debra Jo Brymesser ....................................... David Michael Hess ....................................... Richard Allan Hess ........................................ .......................$2,184.72 ....................... $2,184.72 .......................$2,184.71 .......................$2,184.71 TOTAL CASH DISBURSEMENT: $ 8,738.86 EXHIBIT "B"