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HomeMy WebLinkAbout03-28-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF NO. 21-08-1285 FRANCES G. SMITH Late of Carlisle Borough . Cumberland County, Pennsylvania: r~ "_:~ ry l v ' _.- .... _1 ^~ l FAMILY SETTLEMENT AND FINAL RELEASE ~= f ~_- , e .- . IN ..-., ESTATE OF FRANCES G. SMITH, DECEASED~:__:' .. " .:"~ - ;' .. _ ._.. ; _ _. ---~ _ -~~1 ,~_.- j KNOW ALL MEN BY THESE PRESENTS WHEREAS, Frances G. Smith, late of Carlisle Borough, Cumberland County, Pennsylvania, deceased, died testate on December 1, 2008, having first made a Last Will and Testament dated February 26, 2007, which was duly executed and was duly recorded in Cumberland County, Pennsylvania to File No. 21-08-1285; WHEREAS, the said, Frances G. Smith by the aforesaid Last V'Vill and Testament, named Laura J. Bartlett, as Executrix of said Last Will and Testament; WHEREAS, Letter Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Glenda Farner Strasbaugh, on December 30, 2008, to the said Executrix, hereinafter called personal representative; WHEREAS, the said personal representative has gathered the assets of the GRIEST~HIMES~HERROLD~ estate of the said decedent and the assets consist of personal property totaling SCHAUMANN~ FERRO LLP ATTORNEYS A7 LAW 1Z9 EAST MARKET STREET YORK, PENNSYLVANIA 17401 $149,958.19, as set forth in Exhibit "A" which is a statement of account of the said TELEPHONE (717) 846-$$$b , personal representative, and which is attached hereto and made a part hereof, and marked Exhibit "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax amount to $32,861.06, leaving a balance for distribution of $117,097.13, also as set forth in the statement of the said personal representative, which is attached hereto and marked Exhibit "A"; WHEREAS, the balance for distribution as shown in the said statement marked Exhibit "A" has been reduced to cash and has been distributed as herein indicated in accordance with the terms of the Last Will and Testament of the said decedent; NOW, THEREFORE, KNOW YE, that we, ST. PAUL'S ~~RED RUN" UNITED GRIEST~ HIMES~ FIERROLD~ SCHAUMANN~ FERRO LLP ATTORNEYS AT LAW ~ Zy EAST MARKET STREET YORK, PENNSYLVANIA I7Q0~ TELEPHONE (']]~~ $¢(-$$$(~ CHURCH OF CHRIST, REVEREND SIMON W. KAHUNYA, ANITA K:. SMITH and LAURA J. BARTLETT, being heirs under the Last Will and Testament of the said decedent and being those persons entitled to inherit under said Last VVill and Testament, 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 sums or sums of money, legacies, bequests and devises as are given, devised and bequeathed to each of us respectively by the said Last Will and Testament, the amounts due us under said Last Will and Testament, which amounts vve have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit "A"; 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 Common Pleas of Cumberland County, Pennsylvania. THEREFORE, we and each of us, do hereby remise, release, ~~uitclaim and forever discharge the said personal representative, Laura J. Bartlett, her heirs, executors and administrators and assigns, of and from the said estate and from all actions, suits, payments accounts, reckonings, claims and demands v~rhatsoever 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 that should any liability come due to the estate of the said decedent after the signing of the aforesaid personal representative, that we will contributE; pro-rata, our share of the estate to satisfy any and all claims, demands, suits or cauises of action which may be successfully prosecuted against the said estate or the a~Foresaid personal representatives after the signing, sealing and delivery of this family settlement agreement and final release. GRIEST~ HIMES~ I-IERROLD~ SCNAUMANN~ FERRO LLP ATTORNEYS AT LAW IZ9 EAST MARKET $TREF,T YORK, PENNSYLVANIA 17401 TELEPHONE (717) $~-$$SG IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~~' ~;K[KS7'~ ~{1ME5~ ~{t?KKUI.UI SCl(AUM.INN~ H~fiKKU LLI' I29 BAST MARAE•T $TRl:li"1' ~"ORK, PtlNNSYLVANIA I~AOI 'frtel'liorrr: (7I7) R4(,-RR56 day of ~AU(>~~ , 2011. Witness: ST. PAUL'S "RED RUN" UNITED CHURCH OF CHRIST BY: REVEREND SIMON W. KAHUNYA ANITA K. SMITH '-L~(URA J. BART TT STATE OF I~e~ fork COUNTY OF t~e.~~c~rl~ On this, the `~ day of __ S~~htac~,r-~ , 2011, before me, a Notary Public, the undersigned officer, personally appeared LAURA J. BARTLET~T (known to me or satisfactorily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L~ ., Notary Public BARBARA BAILEY Notary Public, State of NeNV York No. 01 BA6089477 Qualified in New York Count/ Commission Expires March 24, ~ j j (IRICS'('~ T~[MI?S. ~'~F;RRULU, ti('iIAUMANN, I~tiR12U I.I,k' A'ITOHNF:YS AI' LAW 129 B.n~ r MAHKLi Srnrrr YORK, 1'1>NN.tiYLVANIA 174(11 1~_eNlwNe (727) 841-RlS56 IN WITNESS WHEREOF, we have hereunto set our hands and seals this Witness: ~;, ~~'~ ~~~ ~.,~ ~ ~,~~ OIC~ ti 1 ~ f' ~- ~ ~_ tip- ~~' ~ '~'~ ~ Z.~ ANITA K. SMITH ~J STATE OF COUNTY OF ' ~`~ ~~ ~~ On this the ~ ~ d ~~%~`~~--~~ ~ ~~' ay of ~ , 201 1, before me, a Notary Public, the undersigned officer, personally appear ANITA K. SMITH (known to me or satisfactorily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set ~,y hand and official s;~~l. '(~/l, GRtEST, HIMg9, HRRROLD, SCHAUMATAi, FFalRO LLP A7TORt16YS AT i,Aw 129 F.ASr MARKB7 StKP.Isf YORK. POJNSYLVANU 17401 'RR.RPIIONN (7l7) 846-8856 Notary Public ilk ~ ~ .~ r __ ~~oFt=lcla~ s~u° Shannon Seay Notary Public - State of Ittinoi~s My commission Exp. 09/t13/Z013 IN WITNESS WHEREOF, we have hereunto set our hands arnd seals this ~ nth day o`J~~~, , 2011. Witness: /lIN~4i//~l ~jy~j~/D R END SIMON KAHUNYA l ~111Y O F , ~~'.1~.~'~/ ~~' . t ~-T ~ ~~~,, 11 On this, the day of ~\'v~ , 2011, before me, a Notary Public, the undersigned officer, per onally appear REVEREND SIMON W. KAHUNYA (known to me or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Notary GenRSr, HRHRS, HRRROLO, SCHAUIMANN, FERRO LLP ATR)ARHYS AT LAW t 29 EA3i MARR6T SIR®T YOxx, PermsYLVnNrA 17401 'narwaNn (717) 846-8856 s IN WITNESS WHEREOF, we have hereunto set our hands ar~d seals this 1~'` day of ~~~~,~ , 2011. Witness: ~~c~ t4 ST. PAUL'S "RED RUN" UNITED CHURCH OF CH I~ BY: ,~ ~~ ~~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK: On this, the ~ ~ day of ~ ~ u~~] 2011 ,before me, a notary public the undersigned officer, personally ap eared 1~Cc~~n ~ ~~-I~ ,who acknowledged hi erse to be the ~r~s . ~~ Cow. ~ of St. P ~~ -5-t-~r~ aul s Red Run United Church of Christ, and that as such, he/she, being authorized by such, executed the foregoing instrument for the purpose therein contained by signing his/her name thereon as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. •r~-~. coiviiwoNwE N~~I~i~~_ vrti,~,1_: Notarial Seal ~lcbci L. Bode, No#ary P«t?ii~. Dover Born, York co~.~4?~~~ My Commission Ewaires ocq, 2.3, .?011 _~ Member, P~nr~sylwfa~aia ;~,ssc,ci:ay?r~> ~.,~~s~i=.'"-"< GRIFST, HIMFS, HERROLD, SCHAUMANN, FERRO LLP ATTORNEYS AT LAW 129 EAST MARKET STREET YORK, PENNSYLVANIA ]~~] ']~LEEHOne (7i7) 846-8856 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-1285 Estate of Frances G. Smith, Deceased Late of Borough of Carlisle Account Laura J. Bartlett, Executrix Date of Death: Date of Incapacity, if any: Date of Executrix's Appointment: Date of First Complete Advertisement: Accounting for the period: 12/01 /2008 None 12/30/2008 01 /23/2009 12/01 /2008 to 12/31 /2010 Purpose of Account: Laura J. Bartlett, Executrix, offers 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: Suzanne H. Griest Esq. Griest, Himes, Herrold, Schaumann, Ferro LLP 129 East Market Street York, PA 17401 717-846-8856 Supreme Court I.D. No. 34362 SUMMARY OF ACCOUNT Estate of Frances G. Smith, Deceased For the period of D _mber 1, 2008 thrnJ~h December 31, non PAGES PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State & Local Taxes Commissions Fees Family Exemption Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements Balance Before Distributions Transfer to (from) Income Distributions to Beneficiaries Income Balance on Hand For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND Signature Verification 1,527.77 5,197.38 11,065.48 10,570.43 0.00 4,500.00 0.00 149,957.59 0.00 149,957.59 32,861.06 117,096.53 0.00 117,097.13 -0.60 0.60 0.00 0.60 0.00 0.60 0.00 0.00 0.60 0.00 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) Fiduciary Acquisition Value Cash AARP Insurance Refund HARP Member Refund Cumberland Crossings -estimated amount due for interest in cottage pursuant to contract Donegal Insurance -Refund Internal Revenue Service -Tax Refund Sovereign Bank- decedent's checking account #170102561 UGI Refund Total Cash Total Receipts 147'.50 13.48 144,288.00 85.00 100.00 5,302.82 20.79 149,957.59 149,957.59 Total Receipts of Principal 149,957.59 SCHEDULE C DISBURSEMENTS OF PRINCIPAL AARP Health Care Premium 01 /05/2009 147.50 147.50 Checks cleared after date of dea h 12/01 /2008 246.18 246.18 Embara Telecom 01 /15/2009 60.23 60.23 Family CFO - 2008 Tax Return Preparation 12/13/2008 185.00 185.00 First Enerav ~~ 12/30/2008 115.13 GuideppSts 115.13 01 /13/2009 96.8:5 96.85 PA Department of Revenue -tax ~yment 06/16/2009 480.0() 480.00 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Pennsylvania Bureau of Individual Taxes tax g_avment 07/13/2009 8.96 8.96 Reader's Digg,~t 12/19/2008 103.92 103.92 Sovereian Bank -service fees on decedent's checking account 01 /21 /2009 10.00 10.00 UGI Utilities 01 /09/2009 74.00 74.00 Total Debts of Decedent 1,527.77 Funeral Ex sps Auer Cremation Services of PA 12/03/2008 2,665.12 2,665.12 Back Woods Florist 12/13/2008 37.10 37.10 Bauahman Memorial Works headstone enar~aving 04/20/2009 277 00 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Bonnie Whittier -Minister for funeral 12/31 /2008 Cremer Flowers 12/03/2008 Emig Funeral Home 12/08/2008 Kahunva Wario - ravel assistanc to funeral 12/05/2008 Red Run Cemetary Association -burial 01 /07/2009 St. Paul's RR Church -funeral luncheon 12/06/2008 Total Funeral Expenses Administration Expenses 250..00 568.16 350.00 277.00 250.00 568.16 350.00 250.00 300.00 250.00 300.00 500.00 500.00 5,197.38 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued American Red Ba ll -moving ex ense 01 /14/2009 4,804.49 Anita Smith -trav el expenses to help clean out cottaa 03/16/2009 108.00 Applebee's -post funeral family dinner 12/06/2008 230.06 Bauahman Memo rial Works -Headstone cleaning 09/08/2009 125.00 Clerk of Orphans' Court -family settlement agreement 12/31 /2010 30.00 Cumberland Cross ings December maintenance 12/18/2008 1,297.17 Cumberland Cross ings -fee to stay and clean out co tape 01 /11 /2009 100.00 Cumberland Cross ings final maintenance 02/03/2009 710.05 4,804.49 108.00 230.06 125.00 30.00 1,297.17 100.00 710.05 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Cumberland Law Journal advertising of estate 01 /14/2009 Elinor Smally gift 01 /08/2009 Norman Rodger -travel expenses to help clean out cottaae 03/16/2009 Register of Wills 12/16/2008 Reaister of Wills -filing fee for inventory & inheritance tax return 12/31 /2010 St. Pau's RR Church -strawberry festival donation 06/11 /2009 The Sentinel -advertising of estate 02/09/2009 Trash hauling 01 /11 /2009 75.00 219.90 407.00 356.00 30.00 265.00 134.68 100.00 75.00 219.90 407.00 356.00 30.00 265.00 134.68 100.00 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Traveling expenses for executrix in order to administer estate 12/01 /2008 UPS - ship inq fee for soecific bequests 12/30/2008 1, 549.88 1,549.88 523.25 523.25 Total Miscellaneous Administrative Expenses Feder , Statea~nd Local Taxes Register of Wills Ag~n,~ 03/03/2009 11,065.48 10, 570.43 10, 570.43 Total Taxes Suzanne H. Griest, Esquire 12/31 /2010 Fees Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 10,570.43 4,500.00 4,500.00 4,500.00 32,861.06 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 12/31/2010 Anita K. Smith 12/31/2010 Laura J. Bartlett 12/31/2010 Reverend Simon W. Kahunya 12/31/2010 St. Paul's Red Run United Church of Christ 52,693.'70 52,693.'71 5,854.86 5,854.86 117,097.13 TOTAL DISTRIBUTIONS TO BENEFICIARIES 117,097.13 SCHEDULE G RECEIPTS OF INCOME Sovereign Bank -accrued interest on decedent's checking accoun from date of death 12/19/2008 0.60 0.60 TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 0.60 0.60 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-1285 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-08-1285 _ -_ __ Estate of Frances G. Smith, Deceased Verification Laura J. Bartlett, Executrix under the Last Will and Testament of Frances G. Smith, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her 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. Laura .Bartlett, Execu x Dated: ~f~tiJUQ~~ ~~ ~~~!