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HomeMy WebLinkAbout12-01-10 ;~~~P,~cD ~~~ KEG1~~~, C;~ 2~1 D DEC - ~ pM 1~. 35 ESTATE OF ANNA R TANNER File No. 21-09-0048 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this i ~ ay of '. , 2010, BETWEEN: DONNA R. GROVE and JAY L. LEHMAN, being the legatees under the Last Will and Testament of Anna R. Tanner, late of the Township of North Newton, Cumberland County, Pennsylvania, AND DONNA R. GROVE and JAY L. LEHMAN, Co-Executors of the Estate of Anna R. Tanner, deceased, WHEREAS, Anna R. Tanner died October 24, 2008, testate; and WHEREAS, Letters Testamentary were granted to Donna R. Grove and Jay L. Lehman on January 15, 2009, by the Register of Wills of Cumberland County, Pennsylvania; and A WHEREAS, all assets of the late Anna R. Tanner have been liquidated or distributed and all her 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 grant and convey to the said Jay L. Lehman the decedent's 1985 Pontiac Grand Am appraised at a value of One Thousand ($1,000.00) Dollars with no cash contribution or offset into the estate by the said Jay L. Lehman for the benefit of Donna R. Grove; and WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENS6URG, PA 172 57-13 9 7 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 Donna R. Grove and Jay L. Lehman, Co-Executors, ftom all claims and demands whatsoever arising out of settlement of the Estate of Anna R. Tanner. 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 & ASSOCIATES. P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 77257-1397 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~~~~ (SEAL) Donna R. Grove -~''`~SEAL) la ` WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 172 57-13 9 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the 3-~ day of ~t~~ 2010, before me, the undersigned officer, personally appeared DONNA R. GROVE and JAY L. LEHMAN, 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. Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County My Commission Expires August 15, 2012 WEIGLE 6 ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17 2 57-13 9 7 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0048 Estate of Anna R. Tanner, Deceased North Newton Township, Cumberland County Account Donna R. Grove and Jay L. Lehman, Co-Executors Date of Death: 10!24/2008 Date of Incapacity, if any: None Date of Co-Executors' Appointment: 01/15/2009 Date of First Complete Advertisement: 01/20/2009 Accounting for the period: 10/24/2008 to 09/23/2010 Purpose of Account: Donna R. Grove and Jay L. Lehman, Co-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 & Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 SUMMARY OF ACCOUNT Estate of Anna R. Tanner, Deceased Fer the period of Octoher 2d, 2008 throygh Sentemher 2';, 210 Fiduciary Current Acquisition Proposed Distributions ~~ Value Value to Beneficiaries 12 60,280.00 60,280.00 PRINCIPAL Receipts: This Account 3 - 4 111,391.67 Net Gain (or Loss) on Sales or Other Dispositlons 0.00 111,391.67 Less Disbursements: Debts of Decedent 5 676.67 Funeral Expenses 5 5,170.00• Administration Expenses 5 - 6 1,645.14 Federal, State 8 Local Taxes 6 x,025.94 Commissions 0.00 Fees 6 5,960.00 Family Exemption 0.00 17,477.75 . Balance Before Distributions 93,913.92 Transfer to (from) Principal 5.84 Distributions to Beneficiaries 7 33,639.7¢ Principal Balance on Hand g 60,280.oq For Information: Investments Made Changes in Holdings 9 INCOME Receipts This Account 10 5.8a Net Gain (or Loss) on Sales 0.00 or Other Dispositions 5.84 Less Disbursements 0.00 Balance Before Distributions 5.84 Transfer to (from) Income -5.84 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 11 60,280.00 Signature 13 Verification 14 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) SsaSll Annuity -beneficiaries Jay L. Lehman, son, and Donna R. Grove, daughter in equal shares Orrstown Bank Checking Account 639591 Orrstown Bank Savings Account 703000076 Accrued interest on above item through date of death Total Cash Personal Proms 1985 Pontiac Grand Am Dry Sink Personal Property Total Personal Property 1144 Greenspring Road, Newville, North Newton Township, Cumberland County Total Real Estate Total Receipts 31,589.76 3.046.28 7,729.94 2.03 1,000.00 200.00 850.00 60,280.00 01/21/2009 Suhsenuant Pris an I Recgj~L American Progressive Insurance -refund 162.01 01/21/2009 American Progressive Insurance -refund 261.09 01/14/2010 Contribution from Donna R. Grove for payment of 2,758.59 debts 01/14/2010 Contribution from Jay L. Lehman for payment of 2.758.59 debts 01/14/2010 Contribution from Jay L. Lehman for payment of 622.00 estate expenses -Including Lettere Testamentary (5252.00) and appraisals of real estate and personal property (5370.00) 01/21/2009 Dish Network - refund at cancellation 131.38 Total Subsequent Principal Receipts Fiduciary Acquisition Value 42.368.01 2,050.00 60.280.00 104,698.01 6.693.66 -3- SCHEDULE A RECEIPTS OF PRINCIPAL Continued Total Adjustments and Subsequent Receipts Fiduciary Acquisition Value 6,693.66 Total Receipts of Principal 111,391.67 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL 11/24/2009 Orrstown Bank Checking Account 638581 -checks 357.04 clearing after date of death 09/23/2010 Jay L. Lehman -reimbursement for decedent's bills 319.63 paid including PPL (550.48); Embarq ($12.65); Everett Cash Mutual ($69.00); and Reese's Plumbing 8 Heating (5187.50) Total Debts of Decedent 01/21/2009 Fogelsanger-Bricker Funeral Home 5,170.00 Total Funeral Expenses Administration Ex n e¢ 01/15/2009 Register of Wills, Cumberland County - Lettere 252.00 Testamentary and Short Certificates 03/12/2009 Cumberland Law Journal -advertising Letters 75.00 Testamentary 03/12/2009 Valley Times -advertising Letters Testamentary 137.75 03/26/2009 Gary Mentzer -appraisal of personal property 20.00 09/24/2009 G. Arthur Calaman, Appraiser -appraisal of real 350.00 estate 01/15/2010 Register of Willa, Cumberland County -filing PA 15.00 Inheritance Tax Return 01/15/2010 Register of Wills, Cumberland County -additional 50.00 probate fee 05/27/2010 Linda K. Klein -notary fee 22.00 05/27/2010 Weigle 8: Associates, P.C. -reserve for filing Family 75.00 Settlement Agreement with Register of Wills, Cumberland County 676.67 5,170.00 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 05/27/2010 Weigle & Associates, P.C. -reimbursement for postage, xerox copies, and long distance telephone calls 09/23/2010 Jay L. Lehman -reimbursement for contribution to estate for payment of estate expenses Total Miscellaneous Administrative Expenses Federal, ~te, and Local Taxes 01/22/2009 Register of Wills, Cumberland County - PA Inheritance Tax at discount 01/15/2010 Register of Wills, Cumberland County - PA Inheritance Tax balance due 05/27/2010 Register of Wills, Cumberland County - PA Inheritance Tax interest owed Total Taxes ~~~ 06H 1/2009 Weigle 8 Associates, P.C. 01/15/2010 Weigle 8 Associates, P.C. Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 26.39 622.00 3.000.00 1,002.32 23.62 1,500.00 4.460.00 1,645.14 4,025.94 5,960.00 17,477.75 -s- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Donna R. Grove 03/26/2009 Annuity -1/2 share 10/14/2009 Dry Sink -Specific Bequest - In Kind 10/14/2009 Personal Property - In Kind 03/26/2009 10N4l2009 10/14/2009 Annuity -1/2 share 1885 Pontiac Grand Am - In Kind Personal Property - In Kind 15,794.88 1,000.00 425.00 15.794.88 200.00 425.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 16,419.88 17,219.88 33,639.76 -7- PRINCIPAL BALANCE ON HAND Current Value Fiduciary Acquisition Value 09/23/2010 # Units Description or as Noted Assets 1144 Greenspring Road, Newville, North Newton Township, 60,280.00 Cumberland County Total Assets 60.280.00 60,280.00 60,280.00 60,280.00 60,280.00 -$- SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS 1144 G i R i;t Units ~ ~ reensnr na oad. Newvllle_ North Newton Township -~~mberl°nd Gounty 10/24/2008 inventoried 60.280.00 60,280.00 1985 Pontiac Grand Am 10/24/2008 inventoried 1,000.00 10/14/2009 distributed -1,000.00 0.00 911!].YJ1Y 10/24/2008 inventoried 31,589.76 03/26/2009 distributed -15,794.88 03/26/2009 distributed -15,794.88 0.00 Drv Sink 10/24/2008 inventoried 200.00 10/14/2008 distributed -200.00 0.00 Personal Property 10/24/2008 inventoried 850.00 70/14/2009 distributed -425.00 10/14/2009 distributed -425.00 0.00 Total 60,280.00 -9- SCHEDULE G RECEIPTS OF INCOME Orrstown Bank Savinss Account 703000076 01/20/2009 final interest at closing TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 5.84 5.84 5.84 5.84 -10- COMBINED BALANCE ON HAND # Units Current Value 09/23/2010 Description or as Noted Fiduciary Acquisition Value Assets 1144 Greenspring Road, Newville, North Newton Township, 60.280.00 Cumberland County Total Assets 60.280.00 60,280.00 60,280.00 60,280.00 60,280.00 -11- PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 09/23/2010 Acquisition or as noted Value TO: Donna R. Grove 1144 Greenspring Road, Newville, North Newton Township, 30.140.00 30,140.00 Cumberland County -1/2 interest - In Kind 30,140.00 30,140.00 TO: ~y L. Lehman 1144 Greenspring Road, Newville, North Newton Township, 30,140.00 30,140.00 Cumberland County -1/2 interest - In Kind 30,140.00 30,140.00 Total 60.280.00 60.280.00 -12- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0048 Estate of Anna R. Tanner, Deceased Signatures ~~~~~~ Donna R. Grove AND Jay L. L ma -13- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0048 Estate of Anna R. Tanner, Deceased Verification Donna R. Grove and Jay L. Lehman, Co-Executors under the Last Will and Testament of Anna R. Tanner, 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. ~~5~- rove-- Donna R. Grove Dated: ~ ~'~ ~ 3 ' ~V Jay L. L ma -14-