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Home My WebLink About09-24-10 tV C- ~ ° r^^ ' ~'ri --~ ~ ~ .~- ' r ESTATE OF MERLE H. MYERS ~~ - - ' e~~n - -~a T, ~ _-_ File No. 21-09-0853 ~`' ~ r.~ ~~ ~-~-~ FAMILY SETTLEMENT AGREEMENT " ._-, THIS AGREEMENT made this `day of , 2010 BETWEEN: CHRISTINE A. LAUGHLIN, GARY L. MYERS, LINDA M. MYERS, PENNY E. MYERS, and RONALD L. MYERS, being the legatees under the Last Will and Testament of Merle H. Myers, late of the Township of Hopewell, Cumberland County, Pennsylvania, AND LINDA MAY MYERS and PENNY E. MYERS, Co-Executors of the Estate of Merle H. Myers, deceased, WHEREAS, Merle H. Myers died August 24, 2009, testate; and WHEREAS, Letters Testamentary were granted to Linda May Myers and Penny E. Myers on September 11, 2009, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Merle H. Myers have been liquidated or distributed and all his debts paid in full; and WHEREAS, as a part of the above-referenced liquidation of assets, all of the undersigned have agreed that the Co-Executors sell, grant and convey to the said Gary L. Myers the decedent's mobile home located in the Township of Hopewell, Cumberland County, Pennsylvania, for a consideration of Twelve Thousand ($12,000.00) Dollars .~ WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 although appraised at a value of Nineteen Thousand Seven Hundred ($19,700.00) Dollars; and WHEREAS, 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, 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 shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release Linda May Myers and Penny E. Myers, Co-Executors, from all claims and demands whatsoever arising out of settlement of the Estate of Merle H. Myers. 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 II 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 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, PA 17257-7397 representatives after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (SEAL) ,(SEAL) Gary L~ Myers (SEAL) (SEAL) ~t aY ~c (• n''~,h~- (SEAL) Ronald L. Myers WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS -(~, On this, the ~~ day of ,~ ~~ 2010, before me, the undersigned officer, personally appeared CHRISTINE A. LAUGHLIN, GARY L. MYERS, LINDA M. MYERS, PENNY E. MYERS, and RONALD L. MYERS, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~, ~~ ~ ~ ~~~ SEAL ( ) Notaria Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County My Commission Expires August 15, 2012 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0853 Estate of Merle H. Myers, Deceased Hopewell Township, Cumberland County Account Linda M. Myers and Penny E. Myers, Executors Date of Death: 08124/2009 Date of Incapacity, if any: None Date of Executors' Appointment: 09/11/2009 Date of First Complete Advertisement: 09/18/2009 Accounting for the period: 08124/2009 to 08/19/2010 Purpose of Account: Linda M. Myers and Penny E. Myers, Executors, offer this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A. Weigle Esquire Weigle 8~ Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 SUMMARY OF ACCOUNT Estate of Merle H. Myers, Deceased For the pgriod of Aug ~ 4, 2009 through Any ~~ 1 , 2010 Current PAGES Value Proposed Distributions to Beneficiaries 13 17,784.33 PRINCIPAL Receipts: This Account 3 Net Gain (or Loss) on Sales 4 or Other Dispositions Fiduciary Acquisition Value 17,784.33 46,863.04 -7,700.00 39,163.04 Less Disbursements: Debts of Decedent 5 1,773.50 Funeral Expenses 5 10,607.99 Administration Expenses 5 679.50 Federal, State & Local Taxes 6 757.19 Commissions 0.00 Fees 6 2,449.00 Family Exemption 6 3,500.00 Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries 7 Principal Balance on Hand 8 For Information: Investments Made Changes in Holdings 9 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 10 11 12 14 15 19,767.18 19,395.86 0.00 1,620.00 17,775.86 8.47 0.00 8.47 0.00 8.47 0.00 0.00 8.47 17,784.33 SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Cash Cash on hand in wallet 60.00 Orrstown Bank Certificate of Deposit 40000 30388 5,107.76 Accrued interest on above item through date of death 6.95 Orrstown Bank Checking Account 102000534 3,729.66 Accrued interest on above item through date of death 0.03 Orrstown Bank Savings Account 702001133 2,660.72 Accrued interest on above item through date of death 0.60 Total Cash l P t P 11,565.72 roper y ersona 1980 Liberty Mobile Home - 46 x 24 19,700.00 1992 Buick Century Special Sedan -proceeds of sale 700.00 09-15-2009 2009 Husqvarna Yard Tractor and Dump Cart 1,620.00 Personal Property -per appraisal 2,449.00 Personal Property -proceeds of sale 5-11-10 of 80.00 personal property not included on appraisal Total Personal Property 24,549.00 Total Receipts 3s,11a.72 10/14/2009 S~bsen~~ent Principal Recei~tc American United Life Insurance Company -proceeds 10,207.99 of policy 09/28/2009 Highmark Insurance -refund of premium 363.92 10/05/2009 Hopewell Township Landfill -refund 173.12 10/05/2009 Monumental Life Insurance -refund of premium 3.29 Total Subsequent Principal Receipts 10,748.32 Total Adjustments and Subsequent Receipts 10,748.32 Total Receipts of Principal 4s,ss3.oa -3- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL 12/10/2009 in Loss 1980 Liberty Mobile Home -proceeds of sale to Gary L. Myers 12-10-09 Net Proceeds 12,000.00 Fiduciary Acquisition Value -19,700.00 -7,700.00 TOTAL GAINS AND LOSSES/PRINCIPAL LESS LOSS -7,700.00 NET GAIN OR LOSS -7,700.00 * Appraised value was $19,700, which is the value of this asset included on the Pennsylvania Inheritance Tax Return. The above sale price of $12,000 is the value agreed to by all parties to this Family Settlement Agreement. -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL 10/02/2009 Cumberland Goodwill EMS 118.50 10/02/2009 Forest N. Myers, Esquire - 08-17-2009 billing 255.00 05/11/2010 Yard Card -credit card balance outstanding on yard 1,400.00 tractor and cart, reimbursement made to Gary L. Myers Total Debts of Decedent 1,773.50 09/24/2009 Fogelsanger-Bricker Funeral Home 10,207.99 09/24/2009 Joseph Reese -grave opening 400.00 Total Funeral Expenses Administration Ex e 10,607.99 09/11/2009 Register of Wills, Cumberland County -Letters 132.00 Testamentary and Short Certificates 09/24/2009 Cumberland Law Journal -advertising Letters 75.00 Testamentary 09/24/2009 Sailhamer Real Estate -appraisal of mobile home 100.00 11/24/2009 News Chronicle -advertising Letters Testamentary 129.50 05/11/2010 Charles H. Martin -appraisal of personal property 75.00 05/11/2010 Register of Wills, Cumberland County -filing PA 15.00 Inheritance Tax Return 08/19/2010 Linda K. Klein -notary fees 23.00 08/19/2010 Register of Wills, Cumberland County -filing Family 100.00 Settlement Agreement 08/19/2010 Weigle & Associates, P.C. -reimbursement for 30.00 postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses 679.50 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 11/19/2009 Register of Wills, Cumberland County - PA 700.00 inheritance tax payment at discount 05/11/2010 Register of Wills, Cumberland County - PA 57.19 inheritance tax balance due Total Taxes Fees 05/11/2010 Weigle & Associates, P.C. Total Fees 05/10/2010 Personal Property - to Gary L. Myers as portion of family exemption 05/11/2010 Gary L. Myers -remainder of family exemption in Cash Total Family Exemption TOTAL DISBURSEMENTS OF PRINCIPAL 2,449.00 2,449.00 1,051.00 757.19 2,449.00 3,500.00 19,767.18 -6- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 05/11/2010 2009 Husgvarna Yard Tractor and Dump Cart -partial 1,620.00 distribution In Kind 1,620.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 1,620.00 -7- PRINCIPAL BALANCE ON HAND # Units Description Estate Account Total Cash Current Value 08/19/2010 or as Noted 17, 775.86 Fiduciary Acquisition Value 17,775.86 17,775.86 17,775.86 17,775.86 17,775.86 -8- SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS # Units Cost 1980 Liberty Mobile Home 08/24/2009 inventoried 19,700.00 12/10/2009 sold -19,700.00 0.00 2nos Husavarna Yard Tractor and DumR Cart 08/24/2009 inventoried 1,620.00 05/11 /2010 distributed -1,620.00 0.00 Total o.oo -9- SCHEDULE G RECEIPTS OF INCOME Orrstown Bank Certificate of Der~osit 40000 30388 09/19/2009 final interest at closing 8.15 8.15 Orrstown Bank Checking Account 102000534 09/19/2009 final interest at closing 0.03 0.03 Orrstown Bank Savings Account 702001133 09/19/2009 final interest at closing 0.29 0.29 TOTAL BANK INTEREST 8.47 TOTAL RECEIPTS OF INCOME 8.47 -10- INCOME BALANCE ON HAND Current Value Fiduciary 08/19/2010 Acquisition # Units Description or as Noted Value lJash Estate Account Total Cash 8.47 8.47 8.47 8.47 8.47 8.47 -11- COMBINED BALANCE ON HAND Current Value Fiduciary 08/19/2010 Acquisition # Units Description or as Noted Value crash Estate Account 17,784.33 17,784.33 Total Cash 17,784.33 17,784.33 17,784.33 17,784.33 -12- PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 08/19/2010 Acquisition or as noted Value TO: Christine A. Laughlin 1/5 Residuary Estate -CASH 3,880.87 3,880.87 3,880.87 3,880.87 TO: Gary L. Mvers 1/5 Residuary Estate ($3,880.87 less prior In Kind distribution of 2,260.87 2,260.87 $1,620.00) -CASH 2,260.87 2,260.8' TO: Linda M. Mvers 1/5 Residuary Estate -CASH TO: Penny E. Myers 1/5 Residuary Estate -CASH TO: Ronald L. Myers 1/5 Residuary Estate -CASH 3,880.87 3,880.87 3,880.87 3,880.87 3,880.86 3,880.86 3,880.86 3,880.86 3,880.86 3.880.86 3,880.86 3,880.86 Tota I 17 , 784.33 17 , 784.3 3 -13- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0853 Estate of Merle H. Myers, Deceased Signatures Linda M. Myers, Co-Executor AND Penny . Mye Co-Executor -14- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0853 Estate of Merle H. Myers, Deceased Verification Linda M. Myers and Penny E. Myers, Executors under the Last Will and Testament of Merle H. Myers, 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 significant 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. Lind Myers, Co-Executor Dated: ~ ~ Pen Co-Executor -15-