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Home My WebLink About10-07-10 n.3 n '° ~~ d ''' ~.~ a r ~ ~ T cn :~ _ _ ---~ , - :_~,>> ~~ _.~~ ^ t -..t _ w ~ ` ~? ~} rn [~BOM cSZ' I~LITULAKIS )anon P. Kutulakis, Esquire Attorney LD. No: 80411 Mehss~a P. Tanguay, Esquire Attorney LD. No: 307155 2 West High Strect Carlisle, Pennsylvania 17013 (71?) 249-0900 IN RE: Respectfully submitted, ABOM 8~ KUTULAKIS, T.T.P ~. } ~~~ • cTOSEx 7 2010 ~ ~~~~-~ ~'"` "~~ D:~TE.O , Jason P. Kutulakis, Esquire ID No. 80411 Melissa P. Tanguay, Esquire ID No. 307155 2 West High Street Carlisle, PA 17013 (717) 249-0900 ESTATE OF ANNETTE M. NICELY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 21-2010-00122 ORPHANS COURT DNISION pRAECIPE TO FILE FAMILY SETTLEMENT AND FINAL RELEASE i~ " `'ETTLEMENT AND FINAL RELEASE IN THE ESTATE OF ANNETTE M NICELY DECEASED KNOW ALL MEN BY THESE PRESENT, that WHEREAS, Annette M. Nicely, late of Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania, who died testate on the 1'` day of January, 2010, having made her Last Will and Testament, which was duly executed on April 25, 2001, and is duly recorded in Cumberland County, Pennsylvania; WHEREAS, the said Annette M. Nicely, by the aforesaid Last Will and Testament, named William A. Unger as Executor of said Last Will and Testament; WHEREAS, Letters Testamentary on the Estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on February 9, 2010 to the said Executor, hereinafter called personal representative. WHEREAS, the said personal representative has gathered the assets of the Estate of the said decedent, to a total value of $97,170.98, as set forth in Exhibit A, which is a statement of the said personal representative, and which is attached hereto and made a part hereof, and marked as Exhibit A; WHEREAS, the debts and deductions, including the payment of inheritance tax and attorney's and executor's fees in the said estate, amount to $51,764.50, leaving a balance for distribution of $45,406.48, also as set forth in the statement of the said personal representative, which attached hereto and marked Exhibit A; WHEREAS, the balance for distribution as shown in the said statement marked Exhibit A has been reduced to cash and has been distributed as herein indicated in accordance with the terms of the Last Will and Testament of the said decedent; 1 NOW, THEREFORE, KNOW YE, that we, William A. Unger and John D. Unger, nephews of the said decedent and heirs under the Last Will and Testament of the said decedent, and being those persons entitled to inherit under said Last Will and Testament, do hereby, each of us, acknowledge that he have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sums or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to each of us respectively by the said Last Will and Testament ,the amounts due us under said Last Will and Testament, which are amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit A; AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphan's Court Division of the Court of Cumberland County, Pennsylvania. THEREFORE, we and each of us do hereby remise, release, quitclaim and forever discharge the said personal representative, William A. Unger, heirs, executors, and administrators and assigns, of and from all actions, suits, payments, accounts, reckonings, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever touching upon the state of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we and each of us do hereby covenant and agree with each other and the aforesaid personal representative that we will contribute pro rata our share of the estate to satisfy any and all claims, demands, suits, or causes of action which 2 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, we have hereunto set our hands and seals this ~ day of ~~ , 2010. W UC1~ fiby 1 > William A. Unger (SEAL) John D U ger (SEAL) 3 COMMONWE LTH OF PEN SYLVANIA COUNTY OF u, ber (~I'1 SS On this, - l~ day of ~~ ~~ , 2010, before me, a Notary Public, the undersigned officer, personally appeared William A. Unger and John D. Unger, known to me or satisfactorily proven to be the persons whose names axe subscribed to the within instrument, and acknowledged that they executed the same the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L. Frogman, Notary Public CarNsb Boro, Cumberland County MY Commleelon ExPiroe AprN 7, 2013 Member, Pennsylvania Association of Notaries 4 EXHIBIT A INTI.~L DEPOSIT FR0~1 CHECKING 2/17/2010 24,577.45 ~~lert Pharmary Bill (12/09) 2/17/2010 -323.42 24,254.03 1\lessiah Village (12/09) 2/17/2010 -9.095.70 (:3imette's Nursing Home) 15,158.33 Deposits - Highmark Refund 481.90 PNC Pension 260.13 Geigls Funeral Home 50.11 Excel Energy Dividend 26.95 Verizon Refund 26.33 845.42 845.42 16,003.75 Capital One (1~ledical Staffing Network - 12/09) (~nnette's1l~dditional24/7 service) -7.623.00 8,380.75 Liquidation of Stocks and Mutual Funds 69 154.69 77,535.44 Capital One (Reimbursement -Medical Staffing -22 207.50 Network Sept., Oct., Nov. 09) 55,327.94 Jackson Hewitt (3/2/10) Tax Return -261.00 55,066.94 U.S. Treasury -Tax Due (3/2/10) -173.00 54,893.94 Citizen Bank (Safety Box) -47.50 54,846.44 Comm. Of Pr1 (Estate P~ Inheritance Tax based on $45,000.00) -6.750.00 48,096.44 Citzen Bank Service Charge (for screw up at bank) -39.15 48,057.29 Balance Mistake -49.70 48,007.59 ~bom & Kutulakis -452.80 47,554.79 St. l~ndrews Church (Funeral Donation) -250.00 47,304.79 Excel Energy Dividend (5/24/10) 26.95 47,331.74 Excel Energy Dividend (8/5/10) 27'78 47,359.52 $50.00 Savings Bond (8/5/10) 47.90 47,407.42 11bom & Kutulakis (8/9/10) -20.00 47,387.42 Excel Stock Liquidation (as of this date 8/30/10 have not received check) 2465.10 49,852.52 -2900.00 Executor Fee 46,952.52 1.500.00 ~~ttorne5' Fee ($25,001-$50,000) 45,452.52 -71.73 Estimated P ~ Inheritance Tax due above die $6,750.00 estimated 45,380.79 25.69 Excel Di~~idend Deposit 45,406.48 97,170,98 Total Assets: 51,764.50 Total Debts: 45,406.48 Balance for Distribution: 22 703.24 Distribution to William A. Unger: 22.703.24 Distribution to John D. Unger: