The URL can be used to link to this page

Home My WebLink About08-27-10IN THE MATTER OF THE ESTATE OF 3OSEPH GORDON DALY, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-09-0412 t" 7 c' FAMILY SETTLEMENT AGREEMENT `~-= c:~~ ,,~~ ~. .. ~:~~ ~__ ~ ~ "; THIS AGREEMENT, made this day of August 2010, '~ `~ ~-~ .i _, _., WITNESSETH: n, c_, , THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Joseph Gordon Daly, Jr. (the "Decedent") died testate on April 25, 2009.OnApril 29, 2009, the Register of Wills of Cumberland County, Pennsylvania, granted Letters Testamentary to Marleen E. Karns, as Executrix of the Estate of Joseph Gordon Daly, Jr., deceased (the "Executrix"). 2. Marleen E. Karns and Joseph Gordon Daly, III (the Beneficiaries"') desire the Executrix to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"). 3. The Beneficiaries desire to forever settle and compromise any and all. claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of the Informal Account (the "Account") which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Beneficiaries desire that the terms of the Account be in full satisfaction of their rights in the Estate. 4. The Beneficiaries wish to release the Executrix and to indemnify her against any and all claims that may be asserted against the Estate or the Executrix after the date hereof. 5. "The Executrix is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, jointly and severally, the Beneficiaries, for themselves, their heirs, personal representatives, successors and assigns: 1. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct, to the best of their knowledge, information, and belief. 2. Acknowledge receipt of a copy of the Account. 3. Declare that they have had the opportunity to review the Account and based upon an examination (or on their decision not to make such an examination), they are satisfied that they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and do hereby waive the filing and auditing of the same. 4. Accept the Account, examined or not, as if the same had been duly filed with and audited., adjudicated, and confirmed absolutely by the Court. 5 . Acknowledge that the distributive share or amount received shall be iYi full satisfaction of their respective entitlements under the Will, and acknowledge that they have each received their respective shares. 6. Release, remise, quitclaim and forever discharge the Executrix, her heirs, personal representatives, successors and assigns, from and against all claims that they, as residuary legatees and heirs had, now have, or may in the fixture have, in connection with the Estate. 7. Agree to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Executrix, or by the Court, or by any court of competent jurisdiction to have been improperly made. 8. Agree to indemnify and hold harmless the Executrix, her heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence. of the Executrix} that may hereafter be asserted against the Estate or against the Executrix. 9. Consent to the Court exercising personal jurisdiction over them in any suitor action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, and intending to be legally bound, the Beneficiaries have placed their hands and seals on the attached Consents to this Estate Settlement Agreement. EXHIBIT A Estate of JOSEPH GORDON DALY, deceased ASSETS 1. Asbury Communities; overpayment refund $110.37 2. Bethany Village, refund $2.5,272.00 3. Blue Cross Blue Shield of Florida -refund $21.58 4. T11e Hartford, refund $166.00 5. Malpezzi Funeral Home, refund -partial payment received from Veteran's Administration $600.00 6. PNC Bank Certificate #11020004729 $26,343.00 7. PNC Bank Certificate #31400338192 $5,000.00 8. Susquehanna Bank, PA Account No. 10005403877 $5,167.98 9. The Hartford, refund, policy cancelled $83.00 10. Verizon -credit balance refund, telephone service $32.13 11. Wachovia Bank # 247402883412114 $15,000.00 12. Wachovia Bank # 5171 $2,579.03 13. Wachovia Bank $ 8627 $3,028.10 14. Wachovia Bank, NA CD #247402112718242 $ 10,000.00 15. Wachovia Bank, NA Personal CD # 24740273427517 $70,000.00 16. Washington Mutual Bank, FA CD # 0179-0001514961-4 $43,422.91 17. Washington Mutual Bank, FA CD #~ 0179-0001561378-4 $37,434.17 18. Proceeas from Sale of Vehicle $3,000.00 Total Assets $247,260.27 Exhibit B ESTATE OF JOSEPH CORDON DALY, deceased Total Debts and Costs Paid to Date 1. Malpezzi Funeral Home, Inc. $5,168.12 2. Diocese of Harrisburg -Cemetery Marker $975.00 3 . Register of Wills, Cumberland County (Probate) $120.00 4. Register of Will, Agent -Inheritance Tax $9,700.00 5. The Patriot News $359.25 6. Cumberland Law Journal $75.0+~ 7. AARP Chase Credit Card $357.93 8. Bethany Village Dining Office $304.52 9. Costs of checks for Estate Account $8.00 10. Pecht & Associates, PC $1,126.98 11. Italian Oven -Fellowship following funeral $557.81 12. Mumma's Jewelry Store -Repair to decedent's ring $37.10 13. Zimmerman's Auto Service - $33.61. 14. Filing Fee: Inheritance Tax Return $1 S.OCI Filing Fee: Inventory $1 ~.OC- 15. Register of Wills, Cumberland County $20.00 Filing Fee: Family Settlement Agreement 16. H & R Block - (J. Gordon Daly's 2009 Income Tax Return) $11.1.00 17. PA Department of Revenue (2009 Return) $245.00 18. Register of Wills (Additional Probate Costs) X280.00 Tatal Debts and Costs Paid to Date $19,509.32 EXHIBIT C Distribution by the Estate of JOSEPH GORDON DALY, deceased Distributions to Beneficiaries 1. J. Gordon Daly 2. J. Gordon Daly (Chase Bank/WAMU CD) 3. Marleen E. Karns 4. Marleen E. Karns (Chase Bank/WAMU CD) 3. Andrea Karns 4. Joshua Karns 5. Babson College 6. Hospice of Central Pennsylvania 7. Great Plains Assistance Dogs Foundation, Inc Service Dogs for America 8. Tutwiler Clinic, Inc. TOTAL ASSETS DISTRIBUTED $62,012.57 $42,037.88 (non-probate) $62,012.56 $42,037.88 (non-probate) $1 O,OOU.00 $10,000.00 $500.00 $500.00 $500.00 $500.00 $230,100.89 Balance of Assets to be Distributed $7,933.53 CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Marleen E. Karns, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Joseph Gordon Daly, deceased, a copy of which Estate Settlement Agreement has been provided to me. ~ ~~ o2~1y Date ~.- ~ . ~- Wiz--his-~ Marleen E. Karns COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the ~-- day of August 2010, before me, the undersigned officer, personally appeared Marleen E. Karns, 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 in t:he capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. COMMQNWEALTH OF PENNSYLVANIA ~ ~' ~ ~~ ~ Kristen M. Gofatifi Seal ,~~:~-,G~- -~~ ~ j ~,7~~~--~' sb rro, Notary Public Carlisle i3oro, Gumberiend County Notary Public My Commission Expires Feb. 11, 2013 Member, Pennsylvan(a Association of Notaries CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Joseph Cordon Daly, III, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Joseph Gordon Daly, Jr., deceased, a copy of which Estate Settlement Agreement has been provided to me. ~l~i~ic Date C courrTY of ~~~ ors yt~-- ~- ~ Joseph ordon Daly, III ss: On this, the ~ day of August 2010, before me, the undersigned off cer, personally appeared Joseph Gordon Daly, IIL, known to me (or satisfactorily provers) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. BRANDY L. INGRAM NOTARY PUBLIC Forsyth County, N r -na i\Hy Commission Expires _ ~ ~'""