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HomeMy WebLinkAbout12-22-10 ~~ FAMILY SETTLEMENT AGREEMENT AND FINAL RELEA5, ~?' ~' IN THE ESTATE OF CHRISTINE E. STOTT ~' ~ ~, r~- KNOW ALL MEN BY THESE PRESENTS, that, WHEREAS, Christine F~~~~ late„~f u ~~~ ~~'' :. , ~- em = Cumberland County, Pennsylvania, died intestate on September 13, 2008; : ~ ~ ~ ~ WHEREAS, letters of administration on the estate of the said decedent were duly issued b~ the Register of Wills of Cumberland County, Pennsylvania, to the said Executor, Daniel W. Stott, hereinafter called the personal representative. WHEREAS, the personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal and real property, to a total value as set forth in Exhibit "A", a copy of the Pennsylvania Inheritance Tax Return filed by said personal representative, and which has been provided to each heir and as additionally referenced on Exhibit "B"; WHEREAS, the debts and deductions, including the payment of inheritance tax in the said estate and distributions to the undersigned, are as further referenced in Exhibits "A" and "B"; WHEREAS, a balance for distribution of $0.00 exists; NOW, THEREFORE, KNOW YE, that we, being all of the at law beneficiaries of the estate of the said decedent, do hereby each of us, acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devised as are given, devised and bequeathed to each of us respectively by the decedent in the amounts due us, which amounts we have previously received, in the respective amounts of two thousand five hundred dollars ($2,500.00) to each of us. 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 Orphans' Court Division of the Court of Cumberland County. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said personal representative, heirs, executrix, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever n for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of the said decedent, and each of us do further 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 maybe successfully prosecuted against the said estate or aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, and intending to be legally bound hereby, we have hereunto set our hands and seals on the dates below indicated. ~J~'ITI~TES S l ,~ ~,r Daniel W. tt __,., Frances Dimio R mart' Durf STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND AND NOW, this !-~ ~ day of 17£~M a~~e-- 2010, before me, the undersigned officer, personally appeared Rosemary Durf, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOtARIAL SEAL ,~,r_______ KATHERINE F BAKER Notary Public Notary Public ARLISLE 60ROUGH, CUMBERLAND COUNTY My Commission Expires act 18, 2014 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND AND NOW, this ! y T~ day of ~EC~M,B~",~°- 2010, before me, the undersigned officer, personally appeared Daniel W. Stott, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL KATHERINE F BAKER Notary Public Notary Public CARUSIE BOROUGH, CUMBERLAND COUNTY My Commission Expires Oct 18, 2014 COMMONWEALTH OF PENNSYLVANIA - SS. COUNTY OF YORK AND NOW, this ~~ ~ day of ~~ ~ FM $ +~~- 2010, before me, the undersigned officer, personally appeared Frances Dimio, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL . KATHERINE F BAKER Notary Public Notary Public AALISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Oct t8, 2014 a:2s PM Estate of Christine E Stott 12/01/10 Profit & Loss Accrual Basis All Transactions Mar 2, 10 Income Car Insurance Refund 179.82 Citizen's Checking 4,859.81 Home owners Insurance Refund 3.50 MST M oney Market 10,760.20 M8T Savings 651.62 Medical Insurance Reimbursement 314.16 Real Estate Sale 15,385.25 Sale of Vehicle 1,000.00 Total Income 33,154.36 Expense Bank Service Charge 35.19 Distributions Daniel Stott Distribution 2,500.00 Frances Dimio Distribution 2,500.00 Rosemary Durt Distribution 2,500.00 Total Distributions 7,500.00 Funeral Expense 11,587.83 Inheritance Tax 7,387.07 Legal Fees 2,864.81 Real Estate Maintenance 1,889.48 Trash Removal 850.00 Utilities 1,039.98 Total Expense 33,154.36 Net Income 0.00 EXHIBIT "A" Page 1 15056051058 REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue Coun Code Year File Number Bureau of Individual Taxes INHERITANCE TAX RETURN ~-"~ --ry ---' r--------` -° PO BOX 280601 ~ Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 ~ 08 ~ 0985 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth ----------- - --- ------ ----- - I i - 202-42-7356 i 09/13/2008 I ~ 03/03/1937 f Decedent's Last Name` - ~ - _-- _ -_ Stott ...._. _..~....._~.... __.~___._..._.._~.......~ ___.._.._._._.-..-.._,_.._...__.._....._..________._ __i (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Spouse's Social Security Number Suffix Decedent's First Name MI Christine { ~ E ~ t ~ i Suffix Spouse's First Name MI_ E -_-_- _~ i _- ---~--=- ---.- _ _-_ _-_ i- THIS RETURN MUST BE FILED IN DUPLICATE WITH THE . - . _-v_._-.~._._____.~_......_~-__-~..~~__.....~1 REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~~~:7 1. Original Return t 2. Supplemental Return "~ 3. Remainder Return (date of death prior to 12-13-82) r~~:.~ 4. Limited Estate O~ 4a. Future Interest Compromise (date of ~ 5. Federal Estate Tax Return Required death after 12-12-82) M~=~;s 6. Decedent Died Testate C~ 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) w~':::~ 9. Litigation Proceeds Received e'er 10. Spousal Poverty Credit (date of death ~ 11. Election to tax under Sec. 9113(A) between 12-3191 and 1-1-95) (Attach Sch. O) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name _--_-._- ---_-_ --.--- _-_ ---_--_- ___ Daytime Telephone Number David A. Baric, Esquire _ ___ ~ (717) 249-6873 :. _..___..~_______....__...~_._...__~._..-___..M._.__~ Firm Name (If Applicable) __..__~.___..-._.~._.__..,.,..~.._.~....~.~...~-_-._...~,_.__.__._._.~ ~_-..a ___.-_-.-..~._..__.___....._._._.___....._... ~ - - -- -- - -"---- - --'-"-"-' ~------ - - - - ~ REGISTER OF WILLS U~NLY ' O'Brien Baric & Scherer I n ~ :;~~;: ... . .. ...,. First line of address - -_ --- _ _. .~ ~ ~ ,--- 19West South Street - _ - .,~.,F ~" ~~'-= Second line of address ~M' ~ ~ ~ ~ . ,~ '' ~ ~. _ _ ._. ---- --------._ ...----- ----------- ------. City or Post Office --------- ------------- -- ---- State ZIP Code = D _ FILED N ~ - C ~~ . - -_ - ---- Carlisle ------- r-------, - -- I ' PA ` 17013 E ~ ---- - ~ t ,:;~;:;: -- --- --- - ., ~ ~ __ ~ I ~ Correspondent's a-mail address: dbariC@ObS18W.COm Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATU.RE~OF PERSON - S N~,IE FILING R RN DATE '' .~• " ADDRESS 198 CI R ,Carlisle i 015 SIGNAT R O Aly R TIVE DATE ADDRESS 19 West South Street, Carlisle, Pennsylvania 17013 PLEASE USE ORIGINAL FORM ONLY Side 1 15056051058 15056051058 EXHIBIT "B" ! y ~ REV-1500 EX Decedent's Name: ChrlStltl@ E StO~ 150.56052059 RECAPITULATION Decedent's Social Security Number 202-42-7356 1. Real estate (Schedule A) ............................................. :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ~ ,w.~....,...~,~.,.,_~..~.~,.......,,.w, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . 115,000.00 _.,,...,.,_.w....... ................_.,.,,........,........... ,..~._...........:.,..,..... 2. Stocks and Bonds (Schedule B) ....................................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. 4. Mortgages & Notes Receivable (Schedule D) ............................. 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ........ 5. 18,760.00 6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested ....... 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property °~~~°~~~~°~:,„»»,..a,»»,,:,,,»,:,,,;u»,,,, ,,,~,»:;»,»»,:.-,:r.,,»».»„.,,,,,.w„»,:»,:.»,»~<».»:::»,:, .,.:,..,»~;,.,:,;:.:< (Schedule G) Separate Billing Requested........ 7. 56,943.00 8. Total Gross Assets (total Lines 1-7) .................................... 8. 190,703.00 9. Funeral Expenses & Administrative Costs (Schedule H) ..................... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................ 10. 21,434.66 11. Total Deductions (total Lines 9 & 10) ................................... 11. 21,434.66 12. Net Value of Estate (Line 8 minus Line 11) ............... .............. 12. 169,268.34 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ........................ 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ........................ 14. - 169,268.34 . TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES _.~~~w.. ~.~m.,.:»:»».~_.~»~,.~~,.~~~ ~M<>,.,a.,.,,.~.....~r..F..«...~~.H..,.,.v~.»...<.......~_.<..... 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0_ 15. 16. Amount of Line 14 taxable .,......~..,x_.,.......,....,.. ..... ................._~..,, __ ,.. . _..............:..:..: at lineal rate X .0 45 16. 7,617.07 17. Amount of Line 14 taxable .,,......w~....w.,, ~~~,~,,. ~ .... .. .. ...... ......... ,.. , .:......,. at sibling rate X .12 17. 18. Amount of Line 14 taxable at collateral rate X .15 18. 19. TAX DUE ......................................................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 15056052059 Side 2 15056052059 REV-1500 EX Page 3 Decedent's Complete Address: File N~{,mbe~..~ ........:.:..::.::.:_:::~, ~..:,:_.::..:.:.... ` .... ~..._...21..__ ~ ..~.~8._ .~ , 0985 DECEDENT'S NAME W ,DECEDENTS SOCIAL SECURITY NUMBER Christine E Stott 202-42-7356 STREET ADDRESS 1911 Sterretts Gap Avenue CITY Carlisle STATE PA ZIP 17013 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments 4,597.00 C. Discount 230.00 Total Credits (A + B + C) (2) 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. ~ (56) Make Check Payable to: REGISTER OF W-LLS, AGENT 7,617.07 4,827.00 2,790.07 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :............................. ^ ^ b. retain the right to designate who shall use the property transferred or its income : ........................................:... ^ c. retain a reversionary interest; or .......................................................................................................................... ^ d. receive the promise for life of either payments, benefits or care? ...................................................................... ^ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .............................................................................................................. ^ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. ^ 0 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ ^ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. .. ,,,: _ _ _. g Y: h3 For dates of death on or after July 1, 1994 and before January 1,1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. t , - REV-1508 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Christine E. Stott 21-08-0985 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survlvorshlp must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1.' M & T Bank, savings account ~ 10,750.00 2.: ... :Citizens Bank, checking account .y:. ~4..C : ' : ' : ~ k L: C i - T' k 4,859.00 .; 3. .... a r: .. . .. : .. ..:. ... ,c._ a.... . ...... a . : .. . a, . Citizens Bank, savings account 651.00 4. Miscellaneous personalty 1,500.00 5. ' 1993 Chevrolet Cavalier ...: .. .::.. ,.,rt..:.. .~ ., ,: .. .. r. .~ .... . .............. ..... 1,000.00 TOTAL (Also enter on line 5, Recapitulation) $ 18,760.00 (If more space is needed, insert additional sheets of the same size) f ~ REV-1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDtlLE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Christine E. Stott ~ 21-08-0985 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECEDENTAND DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST IF APPLICABLE) VALUE ~• 0 enheimer IRA - PP a ~o~ nn ~ nn ,. -.,.. ,.., (If more space is needed, insert additional sheets of the same size) ' REV-1511 EX+ (12-99) SCNEDI~LE N COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES & INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Christine E. Stott 21-08-0985 Debta of decedent must be reported on Schedule I. B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions ` 0.00 Name of Personal Re resentative s Social Security Number(s)IEIN Number of Personal Representative(s) Street Address City ', State Zip Year(s) Commission Paid: 2. Attorney Fees 9,785.00 3, Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 0.00 Claimant Street Address City ~ ~ State :Zip Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees ~. _.. .:The Sentinel (legal advertising) ` ,. 142.66 s. :Cumberland Law Journal (legal advertising) 75.00 , TOTAL' (Also enter on line 9, Recapitulation) $ 21,434.66 (If more space is needed, insert additional sheets of the same size) ~ REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT .SCHEDULE J . BENEFICIARIES ESTATE OF FILE NUMBER Christine E. Stott 21-08-0985 NUMBER I 1.: 2. 3.~ NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [indude outright spousal distributions, and transfers under $ec. 9116 (a) (1.2)] RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Do Not List Trustee(s) OF ESTATE Daniel Stott ~ aon 1 / 3 ~. ;Frances Dimio ;daughter 1 / 3 ~. RosemaryDurf 'daughter ~ 1 /3 _ _. ~~ ....,.~....... -..- ,.- ...-. .._ .. - 1 .. .. _ .. _ , i Y Y r i 3, _. ~ _ ... } ]' ~. .. ._..... .. . .... _. -.......~.... - < ~ l L .... ........~... ......._ v--..~ ..... .. .. .. ............. ' l -- ~ .~~. _~. .' u .. v...... ... _. :~......-..-. . ..~ -...... .. - ~... ... _. -•~ -j _ S ~ 'tt-- ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV 1500 COVER SHEET NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE .~s : a '~ }. _ .. T. i f r _ .-. t -_ - .. .. J._..... ` .~ .. , :- B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS _ ... _ . _ °~ ... ;-_ . _ _..-w...._.. .__.. .__......_._ ......._- ..._.--- -..._._ .._.. _.~_.... _ .~ _ _ ._ _ ....., _ .~._~. TOTAL OF PART it -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET I a 0.00 (If more space is needed, insert additional sheets of the same size)