HomeMy WebLinkAbout01-12-11FAMILY SETTLEMENT AND FINAL RELEASE IN
THE ESTATE OF ARLENE G. LEYARE a/k/a
ARLENE MARCIA GAULT LEYARE
ESTATE NUMBER 21-09-0779
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Arlene G. Leyare, late of Cumberland County, Pennsylvania, died
testate on August 8, 2009, having first made her last Will and Testament which was duly
executed on January 19, 1995; and,
WHEREAS, the said last Will and Testament named Robert B. Eggleston,
Executor of the Estate of Arlene G. Leyare; and,
WHEREAS, Letters Testamentary were duly issued by the Register of Wills of
Cumberland County, Pennsylvania to Robert B. Eggleston on August 19, 2009; and,
WHEREAS, the Executor has paid each beneficiary the following sus as any
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advance towards their gift under the decedent's Will: - '_ ter' .
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Marcia Toomey $21,000.00 ~~ ~~ ~ i
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Joseph Leyare $7,000.00 ~ ~ T -7~,
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Julie DiMinico $7,000.00 '~`' _"
Gail Leyare $7,000.00
WHEREAS, the residue of the estate is available for distribution to the residual
beneficiaries; and,
WHEREAS, the Executor has gathered the assets of the estate of the said
decedent and the assets consisted of bank deposits, a mutual fund and certificates of
deposit, with a total value of $71,665.60, as set forth in the Statement of Account of the
Executor which has been attached hereto; and,
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WHEREAS, the debts and deductions of principal, including the payment of
Pennsylvania Inheritance Tax in the said estate, have been made and the total costs,
expenses and fees are $27,825.92, as set forth in the Statement of Account; and,
WHEREAS, the balance for distribution has been reduced to cash and is
available for distribution in accordance with the terms of the last will and testament of
the said decedent.
NOW, THEREFORE, KNOW YE, that we, being the sole residual beneficiaries of
Arlene G. Leyare, do hereby acknowledge that we have this day agreed to receive from
the aforesaid personal representative, in full satisfaction and payment of all sum or
sums of money, legacies, bequests, and devises as are given, devised and bequeathed
to us by Arlene G. Leyare, due to us under her said Last Will and Testament, those
amounts appearing next to our names in Statement of Distribution attached hereto.
AND, we do hereby stipulate that in order to avoid the expense and time involved
in the filing of a formal account and schedule of distribution, we 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 Common Pleas of Cumberland County;
AND FURTHER, we do release the said executor from any and all claims against
him for his administration of this estate and any and all other matter affecting the
administration of the estate.
THEREFORE, we do hereby covenant and agree that should any liability come
due to the estate of the said decedent after the signing of this agreement, we covenant
and agree that we will pay any legally enforceable 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, we have hereunto set our hand and seal the day and
year below written opposite my name.
. - ` ~ ~ v~-r.e.,
Marcia Toomey --~
Date: ~ ~~~ ~ ~~ ~
Joseph Leyare
Date:
Julie DiMinico
Date:
Gail Leyare
Date:
THEREFORE, we do hereby covenant and agree that should any liability come
due to the estate of the said decedent after the signing of this agreement, we covenant
and agree that we will pay any legally enforceable 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, we have hereunto set our hand and seal the day and
year below written opposite my name.
Marcia Toomey ~ Leyare
Date: Date: /~p~~ ~d
Julie DiMinico Gail Leyare
Date: Date:
V
THEREFORE, we do hereby covenant and agree that should any liability come
due to the estate of the said decedent after the signing of this agreement, we covenant
and agree that we will pay any legally enforceable 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, we have hereunto set our hand and sea! the day and
year below written opposite my name.
Marcia Toomey
Date:
~~ ~
lX~
ulie DiMinico
Date:
Joseph Leyare
Date:
Gail Leyare
Date:
THEREFORE, we do hereby covenant and agree that should any liability come
due to the estate of the said decedent after the signing of this agreement, we covenant
and agree that we will pay any legally enforceable 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, we have hereunto set our hand and seal the day and
year below written opposite my name.
Marcia Toomey
Date:
Julie DiMinico
Date:
Joseph Leyare
Date:
Gail J.~a~e.. ~ f ~~.~ f
Date: /a../6 ~ ~
STATEMENT OF ACCOUNT OF EXECUTOR, ROBERT B. EGGLESTON
RE: ESTATE OF ARLENE G. LEYARE
ASSETS
1. Bond Fund of America $43,445.89
2. PNC Bank certificate of deposit $ 6,972.30
3. PNC Bank checking $21,247.41
4. Allstate Annuity (non-probate asset) _ _
5. New York Life Annuity (non-probate asset) _ _
TOTAL ASSETS: $71,665.60
COSTS/FEES/EXPENSES
1. Reverend Eileen Morris $ 150.00
2. Wagner's Tax and Accounting $ 75.00
3. Register of Wills Agent (PA Inheritance Tax) $ 4,541.89
4. Hoffman Roth Funeral Home $ 216.68
5. Millenium Pharmacy Systems $ 82.22
6. Thornwald Home $ 8,563.35
7. Baric Scherer $ 5,608.00
8. Christopher Meo -cemetery fee $ 100.00
9. Iron Forge Storage $ 495.00
10. Cash $ 1,163.74
11. Murray Monuments $ 100.00
12. Robert Eggleston, executor fee $ 5,400.00
13. Sentinel -advertising $ 166.30
14. Cumberland Law Journal- advertising $ 75.00
15. Funeral Expenses- flowers/luncheon/etc. $ 823.74
16. Shipping Fee to Tulsa, OK $ 250.00
17. Bank fees 15.00
TOTAL COSTS: $27,825.92
STATEMENT OF DISTRIBUTION
Gross value of estate $71,665.60
Costs/Fees/Expenses $27,825.92
Net value of estate $43,839.68
Less prior distributions to heirs $42,000.00
Remainder $ 1,839.68
Remaining Distribution
to each heir
Marcia Toomey $ 919.85
Joseph Leyare $ 306.61
Julie DiMinico $ 306.61
Gail Leyare $ 306.61
Total $ 1839.68