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HomeMy WebLinkAbout11-24-10~l - Ib-~l~ ~. -~ . :~ ~~, <>? _:~J ~:a f"" r- -'"~ ~ "57 FAMILY SETTLEMENT AGREEMENT ~_~ ~~~~ ~-~ ~ . _ IN THE ESTATE OF ROMAINE V. THRONE DECEA ~~ <-~~ ~-:, , , -...i ~.d AGREEMENT executed this ~~ day of ,,Je ~ ~~, cr 2010, by and between DENNIS M. SHAW, Executor of the Estate of ROMAINE V. THRONE, deceased, and DEBRA E. RASP, DANIEL E. KEESEMAN and DENNIS M. SHAW, heirs and beneficiaries of the Estate of ROMAINE V. THRONE. WHEREAS, ROMAINE V. THRONE, late of South Middleton Township, Cumberland County, Pennsylvania, died on January 9, 2010, having left a Last Will and Testament dated September 15, 1994. WHEREAS, on January 29, 2010, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint DENNIS M. SHA W as Executor of the Estate of ROMAINE V. THRONE, in Estate Number 21-10-0095 upon the probating of the aforesaid Last Will and Testament, and WHEREAS, the Executor has proceeded with the administration of said Estate consisting of assets in the amount of $96,563.33 plus adjustments and non-probate assets of $42,515.48, less disbursements in the amount of $20,410.29, and less distributions of non-probate assets in the amount of $37,445.27, less interim disbursements of $37,120.00 leaving a principal balance on hand of $44,102.62, as set forth in the First and Final Account, a true and correct copy is attached hereto and made part hereof as Exhibit "A", and WHEREAS, the only parties in interest in said Estate are the above-named parties, and WHEREAS, said parties in interest desire that the Executor shall not be required to file an Account with the Orphan's Court of Cumberland County, Pennsylvania, and that the net estate of the decedent shall be distributed without the necessity of filing a formal Account to avoid the expense, delay and publicity of a formal accounting, but should instead be distributed in accordance with the Executor's Proposed Schedule of Distribution, a true and correct copy of which is attached hereto and made a part hereof as F,xhibit "B". ~6 NOW THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the above-named heirs and beneficiaries of the Estate of ROMAINE V. THRONE do hereby mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of DENNIS M. SHAW, Executor for the Estate of ROMAINE V. THRONE, deceased, and Proposed Schedule of Distribution relating thereto, and find them to be true and correct, and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. The parties hereto hereby agree that in order to avoid the expense, delay and publicity involved in the filing of a formal Account and Schedule of Distribution, no accounting to the Court 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 Common Pleas of Cumberland County, Pennsylvania. 3. The parties hereby remise, release, quitclaim and forever discharge the Estate of ROMAINE V. THRONE, and DENNIS M. SHAW, Executor, his heirs, Executors, administrators and assigns, from all manner of acts, suits, claims, accountings, debts and demands whatsoever which we or any of us or our legal representatives or assigns may at any time hereafter have against said Executor, estate, or assets thereof, touching or concerning the Estate of the Decedent. 4. The parties hereto covenant and agree that they will contribute their share of the Estate to satisfy all claims, debts, demands, suits or cause of action which may be successfully brought against the Estate or the Executor after the execution of this Family Settlement and Final Release. 5. The parties hereto hereby agree that they will at all times in the future and wherever necessary, appropriate or convenient, made, execute and deliver to said Executor, and/or to the other party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Family Settlement and Final Release. 6. This Family Settlement and Final Release constitutes the entire understanding among the parties hereto, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them prior hereto by the Executor or any other person or party upon his behalf. 7. This Family Settlement and Final Release shall inure to the benefit and shall bind the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. 8. This Family Settlement and Final Release shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. WITNESSETH: ~~ Date 0 fY-~Rra E , ~{SP 1i-nd• Date DEBRA E. RASP Individually as heir and beneficiary fa - -io ~~ Date DANIE E. KE SEMAN Individually as heir and beneficiary ~,. ~.~ Date DENNIS .SHAW Individually as heir and Beneficiary FIRST AND FINAL ACCOUNT OF DENNIS M. SHAW, EXECUTOR OF THE ESTATE OF ROMAINE V. THRONE, Deceased Date of Death: January 9, 2010 Date of Executor's Appointment January 29, 2010 Accounting for the Period of January 29, 201.0 to September ~, 2010 Purpose of Account: DENNIS M. SHAW, Executor of the Estate of ROMAINE V. THRONE, offers this Account to acquaint interested parties with the transactions that have occurred during his administration of the Estate for the accounting period indicated above. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Request for additional information or questions or objections can be discussed with: Bradley L. Grime, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 SUMMARY OF ACCOUNT Principal -Total Assets $139,078.18 (including non-probate assets) Less Disbursements of Principal (-) $20,410.29 Non-probate assets previously distributed (-) $37,445.27 In Kind Disbursement to Heirs $0.00 Interim Disbursement of Heirs ~~,~ $37,120.00 TOTAL Cash Available for Distribution $44,102.62 Exhibit "A" RECEIPTS OF PRINCIPAL REAL ESTATE 1. 122 Brighton Drive Carlisle, PA LISTED UNDER JOINTLY OWNED ASSETS STOCKS and BONDS 1. Exxon Mobile Common Stock ..........................$ 556.16 2. Prudential Gilbraltor Fund (SIPShares) .................. 16 678.76 1,859.3651 shares @ $8.97014/share SUBTOTAL ........................................................... $17,234.92 <: CASH and BANK ACCOUNTS 1. Members 1S1 Federal Credit Union ..................$3,566.37 Savings Account No. 49780-00 2. Members 15` Federal Credit Union ...................$4,000.31 Savings Account No. 49780-04 3. Members 1S1 Federal Credit Union ................ .. $1,949.86 Checking Account No. 49780-11 4. Members 15t Federal Credit Union ................. $12,066.20 Certificate of Deposit No. 49780-40 5. Members 1S1 Federal Credit Union ................. $14,051.22 Certificate of Deposit No. 49780-42 6. Members 151 Federal Credit Union ................ 1 214.45 Certificate of Deposit No. 49780-43 SUBTOTAL ............................................................ $36,848.41 PERSONAL PROPERTY 1. 1996 Audi A4-V6 Sedan .......................$4,725.00 SUBTOTAL ...................................................... $4,725.00 JOINTLY OWNED PROPERTY 1. Real Estate ............................................$37,500.00 122 Brighton Drive Carlisle, PA Cumberland County (25% interest) SUBTOTAL ............................................................ $ ,00.00 . 37 5 ADDITIONAL RECEIPTS 1. Social Security Death Benefit ..........................$255.00 SUBTOTAL ............................................................. $ 255.00 TOTAL PRINCIPAL of probate Estate before adjustments .................$96,563.33 NON-PROBATE ASSETS ATTRIBUTABLE TO ESTATE 1. Members 1S` Federal Credit Union ...................... $ .21 IRA Certificate No. 49780-10 2. Members ls` Federal Credit Union .....................$15,669.31 IRA Certificate No. 49780-16 3. Members ls` Federal Credit Union .....................$ 3,861.40 IRA Certificate No. 49780-18 4. Members ls` Federal Credit Union ....................$14,588.90 IRA Certificate No. 49780-19 5. Members ls` Federal Credit Union ....................$ 3,325.45 IRA Certificate No. 49780-20 6. Contribution from Dennis M. Shaw .................. $6,436.99 SUBTOTAL ......................................................................... $ 82.26 . 43 8 GAINS AND LOSSES ON SALES AND OTHER DISTRIBUTIONS GAINS: 1. Members 1S` Federal Credit Union ...........................$ 22.46 Certificate of Deposit No. 49780-40 2. Members ls` Federal Credit Union .......................... $ 19.01 Certificate of Deposit No. 49780-42 3. Members 1S` Federal Credit Union ............................$ 1.06 Certificate of Deposit No. 49780-43 4. Members ls` Federal Credit Union ...........................$ .76 Savings Account No. 49780-0004 SUBTOTAL ...............................................................................$43.29 LOSSES: 1. Exxon Mobile Stock ..........................................$ 64.92 Value decreased from date of death to disbursement 2. Checks processed after death ................................$473.54 Members ls` Federal Credit Union Account No. 49780-11 3. Members 1S` Federal Credit Union ...........................$ 9.31 Savings Account No. 4. Prudential Gilbraltor Funds ..................................$862.93 Value decreased from date of death to disbursement SUBTOTAL ......................................................... (-)$1,410.70 Total Adjustments ......................................................................$42,514.85 Total principal of Estate with all adjustments ........................................$139,078.18 DISBURSEMENTS OF PRINCIPAL Members 1S` Federal Credit Union Account No. 376709 DEBTS OF DECEDENT 1. Caremark (Medical) ...........................................$ 70.00 SUBTOTAL :................................................$ 70.00 FUNERAL EXPENSES 1. Hoffman Roth Funeral Home & Crematory, Inc..... $8,028.04 2. Minister Donation .......................................... $ 100.00 3. Cosmetologist ...............................................$ 50.00 SUBTOTAL ..................................................................$8,178.04 ADMINISTRATION EXPENSES 1. Attorney's fees to GRIFFIE & ASSOCIATES............$ 2,500.00 2. Probate Fees ........................................................$257.50 3. Advertising -The Sentinel .......................................$105.19 4. Advertising -Cumberland Law Journal .............................$75.00 5. Diversified Appraisal Services ...................................$300.00 6. Family Exemption ...............................................$3,500.00 7. Real Estate Settlement Fees .................................... $ 380.00 Notary (25%) ....................................... $5.00 Real Estate Transfer Tax (25%) ...............$375.00 SUBTOTAL: $7,117.69 TAXES Pennsylvania Inheritance Tax $5,307.72 Less Discount (-)$ 263.16 Plus Penalties and Interest ............................... 0.00 SUBTOTAL: 5 044.56 TOTAL DISBURSEMENTS OF PRINCIPAL $20,410.29 NON-PROBATE ASSETS PREVIOUSLY DISTRIBUTED 1. Members ls` Federal Credit Union ...................... $ .21 IRA Certificate No. 49780-10 2. Members 1S` Federal Credit Union .....................$15,669.31 IRA Certificate No. 49780-16 3. Members ls` Federal Credit Union .....................$ 3,861.40 IRA Certificate No. 49780-18 4. Members ls` Federal Credit Union ....................$14,588.90 IRA Certificate No. 49780-19 5. Members 15i Federal Credit Union ....................$ 3,325.45 IRA Certificate No. 49780-20 SUBTOTAL ................................................ .$37,445.27 INTERIM DISBURSEMENTS TO BENEFICIARIES Proceeds from real estate sale Dennis M. Shaw $12,373.34 Debra E. Rasp $12,373.33 Daniel E. Keeseman $12,373.33 SUBTOTAL (INTERIM DISBURSEMENTS) .....................$37,120.00 TOTAL DISBURSEMENT AND DISTRIBUTIONS $58,429.10 TOTAL PRINCIPAL $139,078.18 Total Disbursements and Distributions (-)$ 94,975.56 Net available estate assets $44,102.62 PROPOSED SCHEDULE OF DISTRIBUTION Assets for Distribution Cash on Hand ................................................$44,102.62 TOTAL: $44,102.62 Net Cash on Hand Distributed as Follows: Dennis M. Shaw ................................................................... $14,700.88 Debra E. Rasp ...................................................................... $14,700.87 Daniel E. Keeseman ............................................................. $14,700.87 TOTAL CASH DISBURSEMENT: $ 44,102.62 EXHIBIT "B"