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HomeMy WebLinkAbout06-25-10 (2)n n ~'~ N r~~~o~~ E~zm~~d ESTATE OF VIOLET E. FREHN d ~~ z o 0 C~~ON~~ File No. 21-09-0569 ~ ~ "' r m '~~ ~O y .~ FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this (~ day of , 2010 BETWEEN: ROBERT L. FREHN, JR., being the legatee under the Last Will and Testament of Violet E. Frehn, late of the Township of South Newton, Cumberland County, Pennsylvania, AND ROBERT L. FREHN, JR., Executor of the Estate under the Last Will and Testament of Violet E. Frehn, deceased, WHEREAS, Violet E. Frehn died June 14, 2009, testate, and under her Will left her estate to the party herein; and WHEREAS, Letters Testamentary were granted to Robert L. Frehn, Jr. on June 18, 2009, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Violet E. Frehn have been liquidated or distributed and all her debts paid in full, and further the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Executor, the said party hereto desires to waive the duty of the Executor 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 desires that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. WEIGLE Ec ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 NOW, THEREFORE, WITNESSETH, that the party 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 his distributive share as therein shown, does bind himself to the said Distribution and Accounting as set forth and further mutually releases Robert L. Frehn, Jr., Executor, from all claims and demands whatsoever arising out of settlement of the Estate of Violet E. Frehn. The party hereto does further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, he does hereby covenant and agree with the aforesaid personal representative that he will contribute pro rata his share 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 representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the party has hereunto set his hand and seal the day and year first above written. WITNESS: ~° .~', (SEAL) Robert L. Frehn, Jr. WEIGLE 6c ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~, ~ On this, the ~ ~ '~ SS day of ~r~~`~ 2010, before me, the undersigned officer, personally appeared ROBERT L. FREHN, JR., 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. '~~~~~ ~ (~,~.ti~-• SEAL ( ) _~_-.~"oTarlTSeal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County iwy Commission E;~pires August 15, 2012 WEIGLE be 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. 21-09-0569 Estate of Violet E. Frehn, Deceased South Newton Township, Cumberland County Account Robert L. Frehn Jr., Executor Date of Death: 06/14/2009 Date of Incapacity, if any: None Date of Executor's Appointment: 06/18/2009 Date of First Complete Advertisement: 06/26/2009 Accounting for the period: 06/14/2009 to 06/18/2010 Purpose of Account: Robert L. Frehn Jr., Executor, offers 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 Sz Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 SUMMARY OF ACCOUNT Estate of Violet E. Frehn, Deceased For the period of .tine 14, 2009 through Jane 18, 2010 Proposed Distributions to Beneficiaries PRINCIPAL Current pA Value 13 3,854.18 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 IN M 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 Fiduciary Acquisition Value 3,854.18 3 84,062.44 0.00 84, 062.44 4 4,612.75 4 365.37 4 - 5 3,597.62 5 3,179.50 0.00 5 4,931.00 0.00 16,686.24 67,376.20 o.oo 7 64,161.46 $ 3,214.74 9-10 639.44 0.00 639.44 0.00 639.44 0.00 0.00 11 639.44 12 3,854.18 14 15 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) Fiduciary Acquisition Value Cash Embarq -refund 17.83 Fogelsanger-Bricker Funeral Home -refund 100.00 Kuhn Communications -refund 18.50 M & T Bank Certificate of Deposit #124264 28,301.26 Accrued interest on above item through date of death 13.96 M & T Bank Certificate of Deposit #499855 17,279.18 Accrued interest on above item through date of death 635.91 M & T Bank Certificate of Deposit #499863 9,000.00 Accrued interest on above item through date of death 331.22 M & T Bank Checking Account #97242063 13,559.90 Accrued interest on above item through date of death 0.43 MetLife Total Control Account #4048244656 9,100.78 Total Cash 78,358.97 Personal Property 1994 Mercury Sable -proceeds of sale 08-18-2009 500.00 Personal Property -gross proceeds of public sale 09 3,696.00 -01-09 Total Personal Property 4,196.00 Total Receipts 82,554.97 08/27/2009 ~~bseg~ent PrincTnal Recei~ Blue Cross/Blue Shield -benefit check 959.25 09/09/2009 Penn National Insurance -refund of auto premium 108.00 10/09/2009 PPL Electric Utilities -refund 10.30 04/20/2010 U. S. Treasury - 2009 federal income tax refund 429.92 Total Subsequent Principal Receipts 1,507.47 Total Adjustments and Subsequent Receipts 1,507.47 Total Receipts of Principal sa,os2.aa -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL 06/16/2009 M 8~ T Bank Checking Account #97242063 -checks 72.50 clearing after date of death 07/23/2009 PPL Electric Utilities 113.00 07/23/2009 Robert L. Frehn, Jr. -reimbursement for lawn mowing 210.00 07/28/2009 PPL Electric Utilities 113.00 08/25/2009 Robert L. Frehn, Jr. -reimbursement for lawn mowing 930.00 and trimming shrubbery; and packing personal property for auction 09/01/2009 PPL Electric Utilities 113.00 09/15/2009 Robert L. Frehn, Jr. -reimbursement for lawn 890.00 mowing, repairs, and cleaning 09/15/2009 West Shore EMS 959.25 09/30/2009 PPL Electric Utilities 92.00 10/02/2009 Robert L. Frehn, Jr. -reimbursement for water heater 1,120.00 and cook top Total Debts of Decedent Funeral Expenses 07/23/2009 Fogelsanger-Bricker Funeral Home 157.37 07/23/2009 Funeral Reception 208.00 Total Funeral Expenses 07/23/2009 Beverly Rosenberry, Tax Collector - 07-01-09 real estate taxes 07/23/2009 Colestock Appraisal Services -appraisal of real estate 07/23/2009 Coons Garage -repairs to vehicle prior to sale 07/23/2009 Cumberland Law Journal -advertising Letters Testamentary 1, 256.36 75.00 161.36 75.00 4, 612.75 365.37 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 07/23/2009 Register of Wills, Cumberland County -Letters 79.00 Testamentary and Short Certificates 07/23/2009 Robert L. Frehn, Jr. -reimbursement for repairs to 40.00 vehicle) prior to sale 08/18/2009 News Chronicle -advertising Letters Testamentary 129.50 09/01/2009 Expenses of public sale 1,478.40 09/24/2009 Register of Wills, Cumberland County -one Short 4.00 Certificate 12/01/2009 Linda K. Klein -notary fee 20.00 12/01/2009 Register of Wills, Cumberland County -filing PA 15.00 Inheritance Tax Return 12/01/2009 Register of Wills, Cumberland County -filing Family 75.00 Settlement Agreement 12/01/2009 Weigle & Associates, P.C. -reimbursement for 20.00 postage, xerox copies, and long distance telephone calls 12/10/2009 Register of Wills, Cumberland County -additional 165.00 probate fee 03/03/2010 Register of Wills, Cumberland County -one Short 4.00 Certificate Total Miscellaneous Administrative Expenses Federal, State, and Local Taxes 09/10/2009 Register of Wills, Cumberland County - PA 3,000.00 Inheritance Tax at discount 12/01/2009 Register of Wills, Cumberland County - PA 179.50 inheritance tax balance due Total Taxes Fees 12/01/2009 Weigle 8~ Associates, P.C. -attorney fee 4,931.00 Total Fees 3,597.62 3,179.50 4,931.00 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued TOTAL DISBURSEMENTS OF PRINCIPAL 16,686.24 -6- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Robert L. Frehn Jr. 11/19/2009 Partial Distribution -CASH - MetLife Total Control 9,161.46 Account proceeds 12/08/2009 Partial Distribution -CASH 55,000.00 64,161.46 TOTAL DISTRIBUTIONS TO BENEFICIARIES 64,161.46 -7- PRINCIPAL BALANCE ON HAND # Units Description Estate Checking Account Total Cash Current Value 06/18/2010 or as Noted 3,214.74 3,214.74 3, 214.74 Fiduciary Acquisition Value 3,214.74 3,214.74 3,214.74 -$- SCHEDULE G RECEIPTS OF INCOME M 8~ T Bank Certificate of De posit #124264 12/01/2009 final interest at closing 131.40 M 8~ T Bank Certificate of De posit #499855 12/01/2009 final interest at closing 291.83 M 8~ T Bank Certificate of De posit #499863 12/01/2009 final interest at closing 152.00 M 8~ T Bank Checking Accou nt #97242063 06/19/2009 0.10 07/20/2009 0.07 M 8~ T Estate Checking Acco unt #9849492443 07/23/2009 0.55 08/21 /2009 0.46 09/23/2009 0.47 10/23/2009 0.35 11 /23/2009 0.34 12/23/2009 0.89 01 /22/2010 0.14 01 /28/2010 0.03 02/23/2010 0.04 03/23/2010 0.03 04/23/2010 0.03 05/21 /2010 0.03 131.40 291.83 152.00 0.17 -9- SCHEDULE G RECEIPTS OF INCOME Continued MetLife Total Control Account #4048244656 11/12/2008 final interest at closing TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 3.36 60.68 60.68 639.44 639.44 -10- INCOME BALANCE ON HAND Current Value Fiduciary 06/18/2010 Acquisition # Units Description or as Noted Value Estate Checking Account 639.44 639.44 Total Cash 639.44 639.44 639.44 639.44 -11 - COMBINED BALANCE ON HAND # Units Description .ash Estate Checking Account Current Value 06/18/2010 or as Noted 3,854.18 Total Cash 3,854.18 3,854.18 Fiduciary Acquisition Value 3,854.18 3,854.18 3,854.18 -12- PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 06/18/2010 Acquisition or as noted Value TO: Robert L. Frehn Jr. CASH 3,854.18 3,854.18 3,854.18 3,854.18 Total 3,854.18 3,854.18 -13- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0569 Estate of Violet E. Frehn, Deceased Signature Robert L. Frehn Jr., Executor -14- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0569 Estate of Violet E. Frehn, Deceased Verification Robert L. Frehn Jr., Executor under the Last Will and Testament of Violet E. Frehn, Deceased, hereby declares under oath that helshe has fully and faithfully discharged the duties of his/her 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. ` Robert L. Frehn Jr., Exec Dated: I ~~l ~D _ -15-