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-