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HomeMy WebLinkAbout09-20-10r ~~:^n~~,-fit ^FF4i,E 0" ~, 1ita;v~_~ ~, ~~~:._.~~ 2010 SEP 2Q PM 2= 36 t,4 D 4 ESTATE OF DOROTHY M. GRAHAM ~M File No. 21-06-0239 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this ay of 2010 BETWEEN: BRENDA J. GRAHAM, KIMBERLY A. JOHNSON, SHARON LOUISE ADAMS, and THOMAS ASPER GRAHAM, III, being the legatees under the Last Will and Testament of Dorothy M. Graham, late of 8 Enola Road, Newburg, Cumberland County, Pennsylvania, AND SHARON LOUISE ADAMS and THOMAS ASPER GRAHAM, III, Co- Executors of the Estate of Dorothy M. Graham, deceased, WHEREAS, Dorotohy M. Graham died March 3, 2006, testate; and WHEREAS, Letters Testamentary were granted to Sharon Louise Adams and Thomas Asper Graham, III on March 17, 2006, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Dorothy M. Graham have been liquidated or distributed and all her debts paid in full, and fiurther the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Co- Executors, the said parties hereto desire to waive the duty of the Co-Executors 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 desire that a Family Settlement Agreement be executed, WEIGLE 6c ASSOCIATES, P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, PA 77257-1397 M which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the parties 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 their distributive shazes as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release Shazon Louise Adams and Thomas Asper Graham, III, Co- Executors, from all claims and demands whatsoever arising out of settlement of the Estate of Dorothy M. Graham. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representatives that they will contribute pro rata their shares 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 representatives after the signing, sealing and delivery of this family settlement agreement and final release. WEIGLE S. ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~ ./~ (SEAL) Brenda J. Graham (SEAL) 0erly A. J s ~t~+[~ctte~ ~I~'!~ Q (SEAL) Sharon Louise Adams ~,,~j ~~~ ~ ~~~'~ _(SEAL) Thomas Asper Gr am, III WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, PA 17257-7397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the day of 2010, before me, the undersigned officer, personally appeared Brenda J. Graham, 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 hereunto set my hand and official seal. C MMQ iWEA T1tOf<MEAN y,LVAN NQTARIAL SEAL ,lorry A.1N~i01o Notary Public q of S1upp~nglv<0. Cwnbarland Coon My CommiNion E^p-q Oet7N»r 07, 20t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the ~_ day of ~ i 2010 before me, the undersigned officer, personally appeared Kimberly A. Johnson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. p M HWEALTH Of? PEIONS'KI~VAMft~ NOTARUI SEAk. yarty A. Waipla, Notary PYlglif of ghibyanaburp, CunWariarrdC ~ ifaion Eapiraa October 07, ~1 WEIGLE & ASSOCIATES, P. [. -ATTORNEYS AT LAW - 726 EAST KING STREET - SFiIPPE PA 7 72 57-7397 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS , ~ On this, the ~~ day of 2010, before me, the undersigned officer, personally appeared Sharon Louise Adams, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONMIEA TM. ,! M y.LKAK#? COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the ~_ day of -~Z~ 2010, before me, the undersigned officer, personally appeared Thomas Asper Graham, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAITN_AF PtKNSXIVANlA NOTARIAL SEAL Jerr~t A. Weipte. Notary Public of Slpppe~strurp. CumMrgAd C ~gnnH~sion ExpKds Oetogdr 04. WEIGLE & ASSOCIATES, P.C. -ATTORNEYS NQTARCAL S Al Jerry A. yyei4te; Notary Pubtie Cit1r of Shippenaburp. Curnbetl~nQ Coon y1q Commission EKpNps Oeto4e- 07.241 17257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-0239 Estate of Dorothy Mildred Graham, Deceased Late of Shippensburg Township Account Thomas Asper Graham, III and Sharon Louise Adams, Co-Executors Date of Death: 03103/2006 Date of Incapacity, if any: None Date of Co-Executors' Appointment: 03/17/2006 Date of First Complete Advertisement: 03/21/2006 Accounting for the period: 03I03I2006 to 08/3112010 Purpose of Account: Thomas Asper Graham, 111 and Sharon Louise Adams, Co-Executors, offer this Account to acquaint interested parties with the transactions that have occurred during the Administration. h is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Richard L Webber, Jr. Esquire Weigle 8 Associates, P.C. 126 East King Street Shippensburg, PA 17257 717-532-7388 Supreme Court I.D. No. 49634 SUMMARY OF ACCOUNT Estate of Dorothy Mildred Graham, Deceased For the neried of March 3, 2006 thro~Qh Aug ~s ':'I, 2010 Proposed Distributions to Beneficiaries PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State 8 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 PAGES 15 3 Fiduciary Current Acquisition Value Value 27,239.26 27,239.26 88,272.94 0.00 88,272.94 4 -7 34,649.75 6 - 7 6,292.89 7 - 8 19,253.95 8 - 9 4,273.24 9 3,250.00 10 3,213.85 0.00 70,933.68 15,339.26 0.00 0.00 11 15,339.26 12 11,900.00 0.00 11,900.00 0.00 11,900.00 0.00 0.00 13 11,900.00 14 16 17 27,239.26 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) ~~~. Gross Proceeds from sale of personal Items M&T Bank -Checking Account 587266302 Total Cash Real estate situate at 8 Enola Road, Newburg, Pennsylvania, Hopewell Township, Cumberland County, Pennsylvania containing .22 acne, more or less 03,030.00 assessment value muMiplied by 1.00 Cumberland County common level ratio). -Gross Proceeds of sale 8/16/10 Total Real Estate 1,103.25 667.81 Fiduciary Acquisition Value 1,771.06 82,500.00 82,500.00 Total Receipffi 84,271.06 08/09/2006 Su6senuent Principal ReceiR 2005 PA Property Tax Rent Rebate 500.00 08/12/2010 Sharon Adams - Contributon from Sharon Adams for 100.00 payment of debts - (Hopewell Township Cemetery Lot 1100.00) 08H 2/2010 Thomas Graham, III -Contribution from Thomas 892.08 Graham, III for payment of debts (Paint - 27.44; Repair front door -34.03; Timmons OII - 830.61) 08/18/2010 County Tax Proration at Real Estate Settlement 59.80 08/25/2010 Sharon Adams - Contributon from Sharon Adams for 450.00 payment of debts - (Penelec and Fire Insurance) Total Subsequent Principal Receipts 2.001.88 Total Adjustmenffi and Subsequent Receipffi z.ool.6e Total Receipffi of Principal 66.272.94 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Qsh~ Commonwealth of Pennsylvania Dept. of Public Welfai 03/03/2006 Medical Assistance claim 26,469.25 26,469.25 06/26/2006 Fire Insurance 09/12/2006 12130/2006 03/27/2007 06/15/2007 John Trttt 06/07/2007 Fumaee Repair Kough's Oil Servk:e 08/26/2010 4szbtl~ 05/05/2008 Supplies (paint 27.44 and front door repair kit 34.03) ~~~ 05/02/2006 Checks clearing after date of death 11103/2006 Loan Payment 64.50 64.50 66.50 66.50 66.50 326.50 261.1z 261.12 na.99 61.47 na.ee 61.47 164.42 350.00 514.42 -4- sss• j • ~ SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Peneiec 05/05/2006 Electric Company 32.00 07/09/2006 Electric Bill 32.32 08/12/2006 Electric Bill 34,Y7 11/03/2006 Electric Biil 29.54 11/13/2009 Electric Bill 12.30 12/21/2009 Hook uP 9.27 01/16/2070 Hook up 11,77 02/22/2010 Electric Company 11,74 03/27/2010 Electric Company 11,23 04/18/2010 Electric Company 9.08 05/22/2010 Electric Company g,gg 06/20/2010 Electric Company 7.,65 07/23/2010 Electric Company g,47 06/19/2010 Electric Company g,50 228.12 Reese's Plumbing 01/20/2010 376.70 376.70 Shi~~i~ Health Care Ctr. 08/26/2010 1,924.25 1,924.25 Strickler Insurance 07/05/2007 123.00 123.00 04/01/2006 527.67 05/05/2006 303.00 11/08/2009 238.00 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 01/08/2010 441.07 1,510.68 Tuscarora Wayne 07/29@007 Fire Insurance 55.25 10/18/2007 Ffre insurance 128,75 01N512008 Fire Insurance 128.75 04/15/2008 Fire Insurance 78.25 07/09/2008 Fire Insurance 182.45 10/17/2008 Fire Insurance 131.75 01/13/2008 Fire Insurance 131.75 04/21/2008 Fire Insurence 81.05 07/21/2009 Fire Insurance 187.35 10/21/2009 Fire Insurence 135.23 01/16/2010 Fire Insurance 135.26 04!18/2010 Fire Insurance 83.16 07/26/2010 Fire Insurance 192.25 1,652.25 Wiser Painting Servi 11/14/2007 ce Trim Painting 425.00 425.00 Total Debts of Decedent 34,649.75 Funeral Exue,_ Haas ~ Granite 10/08/2007 Tombstone 1.612.00 06N 3/2008 Tombstone 300.00 08/01/2008 Tombstone 352.00 10H7/2008 Tombstone 100.00 12/05/2008 Tombstone 300.00 -s- r SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued o2ro4/2ooe ~gelsanger Bricker 03!0312008 Hopewell Township 03/03/2008 Tombstone 800,00 Funeral Expense Cemetery Lot Total Funeral Expenses Administration Ex Haas Cumberland Countv Reai:ter of Wills 03/03/2008 Probate fee 08/11/2008 Filing fae for inheritance tax return Cumberland Law Journal 03/03/2008 Legal Advertisement Dan Hershey's Aucton ~srvice. LLG 03/03/2008 Commission and Expenses 03/03/2008 Legal Advertisement 3,264.00 2,928.89 100.00 2,928.89 100.00 8,292.89 177.00 15.00 192.00 75.00 75.00 485.13 485.13 92.75 -7- ~. SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 92.76 Real F.stats SettJeme 08/16/2010 rrt F~c~ Including realtor commission(54950.00) recording 16,800.48 fees (550.50); Realty Transfer Tax (6825.00); Survey Expense (6575.00); Negley's Well Drilling (6500.00); Cashiers Check Fea (510.00); Payoff of M8T Bank Loan (64834.51); Seller Assistance (;4850.00); and School Tax (5105.48); recording fees (650.50) 16,600.49 Resister of VYills 08/26/2010 Reserve for filing Family Settlement Agreement 100.00 100.00 08/25!2010 Mileage to Marysville (133 miles) for sisters 66.50 signaturo plus notary fee 55.00 08/25/2010 Reimbursement for debts paid for Estate 100.00 08/25/2010 Reimbursement for debts paid for Estate 450.00 616.50 Thomas Asher Grah 08/25/2010 am.111 Reimburoement for debts paid for Estate 892.08 892.08 Total Miscellaneous Administrative F~roenses Federal, State, and Local T xes 19.253.95 Hwy Killian, Tax Co 09/1212006 llector 2006 Real Estate Taxes 765.94 12/11/2006 2006 Real Estate Taxes 164,gp -8- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 04/26!2007 2007 Real Estate Taxes 152.25 10/08/2007 2007 Real Estate Taxes 787.56 04/28/2008 2008 Real Estate Taxes 152.28 08/26/2008 2008 Real Estate Taxes 649.33 04/28/2009 2009 Real Estate Taxes 159.30 07/11/2009 2009 Real Estate Taxes 815.97 04!28/2010 2010 Real Estate Taxes 159.31 3,806.74 Pa. Dent. of Revenu 02/12/2010 e Pennsylvania Inheritance Tax balance due 64.65 64.65 R~istsr of WHIs Cu OSH1/2008 mberland Countv Pennsylvania Inheritance Tax 401.85 401.85 Total Taxes Commissions 4.273.24 Sharon Louise Adam 08/26/2010 s Co-Executor's Fee 1,625.00 1,625.00 Thomas Asper Grah 08/26/2010 am.111 Co-Executor's Fee 1,625.00 1,625.00 Total Commissions 3,250.00 -9- PRINCIPAL BALANCE ON HAND Current Value Fiduciary 08/31/2070 Acquisition # Units Description or as Noted Value Gash F~tate Checking Account 15.339.26 15,339.26 Total Cash 15.339.26 15,339.26 15,339.26 15,339.26 -11- .. SCHEDULE G RECEIPTS OF INCOME 6snt 10/20/2006 Plus security deposit 700.00 11/03/2006 350.00 12/11/2006 350.00 01/22/2007 350.00 02/12/2007 350.00 03/20/2007 350.00 04/20!2007 350.00 06/07/2007 350.00 06M 5/2007 350.00 07H 3/2007 350,00 OSM 7/2007 350.00 09/20/2007 350.00 10H 1/2007 350.00 12/10/2007 350.00 12/26/2007 350.00 01H512006 350.00 03/04/2008 350.00 03/17/2008 350.00 04/15/2006 350.00 05/26/2008 350.00 07/2012008 700.00 12/05/2008 700.00 01/20/2009 700.00 02/04!2009 700.00 02106/2009 550.00 04/21/2009 700.00 06!30/2009 700.00 11.800.00 TOTAL RECEIPTS OF INCOME 11,900.00 11.900.00 -12- .. .. - . INCOME BALANCE ON HAND Current Value Fiduciary 08/31/2010 Acquisition # Units Description or as Noted Value Crib Estate Checking Account 11,900.00 11,900.00 Total Cash 11,900.00 11,900.00 11,900.00 11,800.00 -13- COMBINED BALANCE ON HAND Current Value Fiduciary 08/31/2010 Acquisition # Units Description or as Noted Value Cash F~tate Checking Account 27,239.26 27,239.26 TOtal Cash 27,239.26 27,239.26 27.239.26 27,239.26 -14- ..- . PROPOSED DISTRIBUTIONS TO BENEFICIARIES TO: Currant Value 08131/2010 or as noted Brenda J. Graham -One-Fourth Share of Residuary Estate -CASH 6,809.62 Kimberly A. Johnson -One-Fourth Share of Residuary Estate -CASH 6,809.82 Sharon Louise Adams -One-Fourtfi Share of Residuary Estate - 6,809.81 CASH Thomas Asper Graham, III -One-Fourth Share of Residuary Estate - 6,809.81 CASH Fiduciary Acquisition Valus 6,809.82 6,809.82 6,808.81 6,809.81 27,239.26 27,239.26 Total 27,239.26 27,239.26 -15- .. .: • In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-0239 Estate of Dorothy Mildred Graham. Deceased Signatures Thomas Asper Grah ,III, Co-Executor AND Sharon Louise Adams, Co-Executor -16- .~ ~ ~ i In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-0239 Estate of Dorothy Mildred Graham, Deceased Verification Thomas Asper Graham, III and Sharon Louise Adams, Co-Executors under the Last Will and Testament of Dorothy Mildred Graham, Deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their office; that the foregoing Account is true and correct and fully discloses all sign cant 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 foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. /~//~ ThomQa/Js Asper /G~ra/ha/III, Co-Executor Dated: 1s7A16~rd~r ~~1~.,~-/ Sharon Louise Adams, Co-Executor -17-