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Home My WebLink About03-15-11,, ~ 6~~~ICPC~ ~ - o -= tee, .'~ rn7 _.,. FAMILY SETTLEMENT AND FINAL RELEASE ~ ~ cn '`~' _ IN THE ~' .~,. =-_: ESTATE OF AVALON W. STOPPE ~' ~,~, <~ c -~-, KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Avalon W. Stoppe, Lower Allen Township, Cumberland County, Pennsylvania, deceased, died on February 1, 2008, having first made her Last Will and Testament, which was duly executed on September 16, 2006, duly recorded in Cumberland County, Pennsylvania, Estate No. 21-08-0 l 60. WHEREAS, the said Avalon W. Stoppe, by the aforesaid Last Will and Testament, named Jocelyn Stoppe as Executrix of said Last Will and Testament; and WHEREAS, the said Executrix has gathered the assets of the estate of the said decedent and the assets consist of real and personal property for a total value of $569,931.99 as set forth in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, the said Executrix has paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of $113,297.16, also as set forth in the statement of the said Executrix which is attached hereto and made a part hereof, and marked Exhibit "B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Executrix there remains a balance for distribution in the Estate of Avalon W. Stoppe, of $456,634.83 as set forth more particularly in Exhibit "C" of the statement of the said Executrix, which is attached hereto and made a part hereof. NOW THEREFORE, KNOW YE, that we, Jocelyn Stoppe and Brian Stoppe, being all of the residuary heirs under the Last Will and Testament of the said decedent and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid Executrix, 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 the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; 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 hereby agree and 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 it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County. ~~ THEREFORE, we do hereby remise, release, quitclaim and forever dischazge the said Executrix, her heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute our share 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 Executrix after the signing, sealing and delivery of this family settlement agreement and final release. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and his predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Executrix and the Estate of the Decedent. Each Beneficiary further agrees and covenants that, neither they, nor any other person, organization or other entity on their behalf will file, chazge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declazatory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Executrix and the Estate of the Decedent. ('Phis space left intentionally blank) 2 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of February, 2011. WITNESS: C'~~- Jo lyn Sto e, Execut eneficiary STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this ~ day of February, 2011, before me, the undersigned officer, personally appeared Jocelyn Stoppe, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, .and acknowledged that she executed the same for the purposes therein contained. ~~~ ~J ~~ , Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA A. FIKE, Notary Public Greenwood Twp., Peny County I October 24 2013 3 IN WI')nNESS WHEREOF, I have hereunto set my hand and seal this ~ day of February, 2011. WITNESS: stilt ' ~ cif, ;+r1~sS STATE OF VIRIGINYA COUNTY OF ~~rqul~e~ SS. On this ~j day of February, 2011, before me, the undersigned officer, personally appeared Brian 'Stoppe, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the samie for the purposes therein contained. n~ Notary is CHRISTY MINOR Notary Public Co~a-nwsalM of ViryiMa 356887 My Commlesfon Expiros Nov 30.2013 4 FIRST AND FINAL ACCOUNT OF THE ESTATE OF AVALON W. STOPPE, LATE OF LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DEBITS Your Accountant charges herself with the following: Value Real Prouerty 416 Deerfield Road $ 215,000.00 Camp Hill, PA 17011 Personal Property MetLife Stock $ 3,338.27 MetLife Insurance Policy $ 2,402.98 Series E Bond Denomination $50.00 $ 259.78 Series E Bond Denomination $25.00 $ 185.97 Series E Bond Denomination $25.00 $ 125.88 Series E Bond Denomination $25.00 $ 126.19 Series E Bond Denomination $25.00 $ 128.05 Series EE Bond Denomination $50.00 $ 59.56 Series EE Bond Denomination $50.00 $ 39.00 Series HH Bond Denomination $1,000.00 $ 1,000.00 Series HH Bond Denomination $500.00 $ 500.00 Integrity Bank -Savings Account #401003650 $ 16,679.44 M&T Bank -Checking Account #2679020640 $ 5,553.28 M&T Bank -Checking Account #2100000119892 $ 11,492.12 M&T Bank -Savings Account #82232105 $ 6,648.87 Citizens Bank -Checking Account #610061889 $ 387.63 Citizens Bank - CD #6241046174 $ 17,501.35 Citizens Bank - CD #6241045399 $ 0.68 Citizens Bank - CD #6140851084 $ 50,179.88 Citizens Bank - CD #6146919276 $ 40,189.06 PNC Bank -Money IMazket Account #5130159696 $ 20,349.93 PNC Bank - Checkinlg Account #5140235592 $ 2 435.44 Ambassador Advisors/Charles Schwab $ 137,464.79 Interest Earned During Estate Administration $ 19,722.97 EXHIBIT A Ziegler Auction Company -Auction Proceeds $ 905.54 DeHart's Auction & Surplus -Auction Proceeds $ 238.55 Coupon to Open Checking Account $ 25.00 Allstate Insurance -Homeowners Insurance Refund $ 569.00 Allstate Insurance -Auto Insurance Refund $ 24.80 IRS Economic Stimulus Payment $ 300.00 US Treasury Federal Tax Refund $ 19.27 VA Death Benefit $ 100.00 Reimbursement of Pro-Rated Real Estate Taxes/Sewer $ 936.33 Furniture, Household & Personal Items $ 1,400.00 Lady's 14 kt. Yellow Gold Diamond Ring, 0.18 ct. $ 337.00 Silver Coins $ 61.94 Checks Written Prior to Opening Estate Account $ 13,243.44 TOTAL PRINCIPAL DEBITS $ 569,931.99 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Parthemore Funeral Home and Cremation Services -Funeral Bill $ 9,267.07 Dioceses of Harrisburg -Interment Space $ 750.00 Diocese of Harrisburg -Bronze Memorial Marker/Granite Foundation $ 1,750.00 Royer's Flowers -Casket Spray $ 106.00 St. Theresa's Church -Memorial Service $ 17.00 Jocelyn Stoppe - Personal Representative Commission $ 20,000.00 Cumberland County Register of Wills -Probate Fee $ 364.00 The Sentinel -Estate Notice $ 118.72 Cumberland Law Journal -Estate Notice $ 75.00 Cumberland County Register of Wills - 3 Short Certificates $ 12.00 Law Offices of Craig A. Diehl -Attorney Fees $ 1,800.00 Cumberland County Register of Wills - 2 Short Certificates/Inventory Fee $ 38.00 Cumberland County Register of Wills -Additional Probate Fee $ 100.00 West Shore EMS -Paramedic Intercept $ 902.33 Country Meadows Retirement Community -Final Bills $ 3 906.52 ~ PA Dept. of Revenue - 2007 PA Personal Income Tax Liability $ 60.00 PA Dept. of Revenue - 2005 Additional Income Tax $ 121.50 Verizon -Telephone Bill $ 22.56 UGI -Gas Bill $ 2,825.92 PA American Water- Water Bill $ 465.20 PP&L -Electric Bill $ 798.19 Lower Allen Township -Sewer Bill $ 424.00 Steve Santor -Lawn Care $ 2,322.90 Allstate Insurance -Auto Insurance $ 49.26 Allstate Insurance -Homeowners Insurance $ 2,695.55 Bonnie K. Miller -Real Estate Taxes $ 6,574.91 World Painting -Horse Painting $ 2,300.00 Lowe's -House Items for Repair $ 191.63 M&Z Carpet - Replace Family Room Carpet $ 717.00 Camp Hill Forest Prgducts -Tan Bark for Yard $ 50.00 Fromm Electric -Replace Microwave Oven $ 560.74 Jocelyn Stoppe - Rei#nbursement for Advertising Costs, Cleaning Supplies, Postage $ 385.15 Discount Vacuum and Sewing Center -Vacuum Bags $ 23 27 EXHIBIT B H&R Block -Income Tax Preparation $ 82.00 PA Dept. of Reventi~e - 2008 PA Fiduciary Tax Liability $ 205.00 United States Treasury - 2008 Fiduciary Tax Liability $ 573.00 H&R Block -Tax Return Preparation $ 500.00 M & T Bank -Safe Deposit Box $ 46.00 Jocelyn Stoppe -House Supplies and Stamps $ 32.16 Jason Landscaping -Trim Bushes $ 325.00 Eddie the Handyman -Cement Work/Install Sink $ 500.00 Sherman Williams -Paint Supplies for Bathroom $ 93.94 Lowe's -Miscellaneous Supplies $ 98.36 Home Depot -Plywood for Porch Chairs $ 21.20 Big Lots -Porch Chiair Cushions $ 33.92 Boscov's -Porch Cushions $ 60.40 Deluxe Checks -Estate Checks $ 17.20 Jocelyn Stoppe -Cleaning Supplies $ 166.05 St. Theresa's -Memorial Contribution $ 7.00 United States Treasury - 2009 Federal Fiduciary Tax Liability $ 726.00 PA Dept. of Revenue - 2009 PA Fiduciary Tax Liability $ 227.00 Law Offices of Craig A. Diehl - 2009 Fiduciary Tax Return Preparation $ 410.00 Jocelyn Stoppe -Reimbursement for Tan Bark and Supplies $ 114.08 Adam Pavusik -Replace Electrical Box $ 1,000.00 Ruell's Landscape -Snow Removal $ 80.00 Jocelyn Stoppe -Moving Expense/Postage $ 67.96 Closing Costs for Home Paid by Estate $ 9,997.51 Re/Max Realty Associates, Inc. -Realtor Commission $ 12,405.00 Vickie Welker -Notary Fee $ 15.00 Keystone Land Transfer, Ltd. -Tax Certification $ 12.00 Keystone Land Transfer, Ltd. -Deed Preparation $ 125.00 PA Dept. of Revenue -Realty Transfer Tax $ 2,150.00 Lower Allen Township -Electric Permit & Inspection $ 109.00 Law Offices of Craig A. Diehl - 2010 Fiduciary Tax Return Preparation $ 460.00 Register of Wills -Filing Fee for Family Settlement Agreement $ 20.00 Register of Wills -Inheritance Tax Liability $ 22 822.93 TOTAL PRINCIPAL CREDITS $ 113,297.16 EXHIBIT B RECAPITULATION Principal Debits Principal Credits Minus: Furniture, Household and Personal Items Lady's Diamond Ring Silver Coins Distribution to Brian Stoppe BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF AVALON W. STOPPE $ 569,931.99 $ (113,297.16) Subtotal • $ 456,634.83 $ (1,400.00) $ (337.00) $ (61.94) Subtotal $ 454,835.89 $ (1,102.50) $ 453,733.39 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Balance to the following heirs as described: Jocelyn Stoppe 501 Rupley Road 60% $ 272,901.53 Camp Hill, PA 17011 Brian M. Stoppe 2425 Davis Mill Road Goochland, VA 23063 Prior Distribution EXHIBIT D 40% $ 181,934.36 $ (1,102.50) $ 180,831.86 BANK ACCOUNT RECONCILIATION In Bank Accounts S 476,013.39 Items To Be Paid: Law Offices of Craig A. Diehl Law Offices of Craig A. Diehl Jocelyn Stoppe Filing Fee (460.00) $ (1,800.00) $ (20,000.00) $ (20.00) $ 453,733.39