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FAMILY SETTLEMENT AGREEMENT AND FINAL RELE ~ ~~ ~'
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REGARDING THE ESTATE OF TILLIE R. HODGE, DECEAS> ~, _ -.
THE TILLIE R. HODGE TRUST DATED MAY 24, 1993 ~=~ ~~> ; %~ . ; .-
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KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Tillie R.1~~ -~- `„ ~.-,
(hereinafter referred to as "Decedent"), late of Carlisle, Cumberland County, Penn~lvania, ~ ~`
deceased, died testate on February 9, 2010, having first made her last will and testament, which
was duly executed on August 6, 2004, and is duly recorded and filed to number 2010-00406 in
the Office of the Register of Wills of Cumberland County, Pennsylvania, and having also during
her lifetime transferred various property to the Tillie R. Hodge Trust dated May 24, 1993
(hereinafter referred to as the "Trust");
WHEREAS, the said Decedent, by her aforesaid last will and testament named Brenda
Leacock as Executrix of her last will and testament;
WHEREAS, letters testamentary on the estate of the Decedent were duly issued by the
Register of Wills of Cumberland County, Pennsylvania to Brenda Leacock (hereinafter referred
to as the "Executrix" or "personal representative");
WHEREAS, the said Decedent, by the aforesaid trust agreement also named Brenda
Leacock as successor trustee to the Trust;
WHEREAS, the personal representative/trustee has gathered the assets of the estate and
trust and the assets consist of both personal property and real property, the residue of which has a
total value of $897,669.53, as set forth more fully in Exhibit "A", which is a statement of
account of the personal representative/trustee, and which is attached hereto and made a part
hereof;
WHEREAS, the debts and deductions, including the payment of inheritance tax on the
said estate/trust, amount to $268,792.01, leaving a balance for distribution of $628,877.52, also
as set forth in the statement of the personal representative/trustee, which is attached hereto
marked as Exhibit "A" and made a part hereof;
WHEREAS, the Decedent during her lifetime designated that certain financial accounts
and other property should pass to certain beneficiaries via beneficiary designation listed on the
financial accounts or via specific bequest contained in the Decedent's last will and testament or
the trust agreement, which are not included in the distribution set forth herein;
WHEREAS, the balance for distribution as shown in the statement marked Exhibit "A"
has been reduced to cash and is to be distributed as herein indicated in accordance with the terms
of the Decedent's last will and testament and trust of the said Decedent;
NOW, THEREFORE, we Jill Ann Roberts, James A. Roberts, Bruce Nunery and Brenda
Leacock, being the heirs under the last will and testament and trust of the said Decedent, and
being those persons entitled to inherit under said last will and testament and trust, do hereby,
Page 1 of 10
each of us, acknowledge that we agree 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 each of us respectively by the said last will and testament and
trust, the amounts due us under said last will and testament and trust, which amounts we agree
we shall receive, 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 and agree that the property listed and set forth in
Exhibit "A" are the assets of the Decedent's estate and trust, of which we are entitled to our
respective shares;
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, quitclaim and forever
discharge the said personal representative, Brenda Leacock, her heirs, executors, administrators
and assigns, of and from the said estate and from all actions, suits, payments, accounts,
reckonings, claims and demands whatsoever 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 this agreement, we and each of us do hereby covenant and agree
with each other and the aforesaid personal representative/trustee that we will contribute pro rata
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 trust or the aforesaid personal
representative/trustee after the signing, sealing and delivery of this family settlement agreement
and final release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~Z~• day
of Ao~:~ , 2011:
Page 2 of 10
WITNESS: ~~ ~
DATE
JILL ANN ROBERTS
Page 3 of 10
WITNESS:
~ 2i //
DATE
AMES A. ROBER
Page 4 of 10
WITNESS:
~- ~l/
DATE
BRUCE NUNERY `~~
Page 5 of 10
WITNESS:
3~1t~28 r 1
DATE
~~
BRENDA LEACOCK
Page 6 of 10
STATE OF
COUNTY OF ~~~ 1~~.~ [v ~,~ SS
On this, the Z ^ ~ day of i'~~~~ , 2011, before me the undersigned
officer personally appeared, JILL ANN ROBERTS, known to me or satisfactorily proven to me
to be the person whose name is subscribed to the within Family Settlement Agreement and Final
Release, and acknowledged that she executed the same for the purposes therein contained.
JILL ANN ROBERTS
IN WITNESS WHEREOF, I hereunder set my hand and seal this ~ day of
~~~~ , 2011.
~ ~~
ry blic
COMMONWEALTH OF PENNSYLVANIA
NOTAR4AL SEAL
lIM KOKUMO. Notary Public
City of Philadelphia. Phila. County
My Commission Expires August 16, 2012
Page 7 of 10
STATE OF
SS
COUNTY C
. f -
On this, the day of , 2011, before me the undersigned
officer personally appeared, JAMES A. ROBERTS, known to me or satisfactorily proven to me
to be the person whose name is subscribed to the within Family Settlement Agreement and Final
Release, and acknowledged that he executed the same for the purposes therein contained.
I -%~e~.~
S A. ROBERTS
IN WITNESS WHEREOF, I hereunder set my hand and seal this ~ day of
I~.!Q~~~ , 2011.
Page 8 of 10
JACQUELINE MARRIOTT
~fotary Pubtic, State of New York
Qualified in Kings County
Rey. No. 01 Me p2~2412011
Cv"y Comm. Exp,
L~
STATE OF ~' ~ ~
COUNTY OF (/1, 0~
On this, the day of
ss /~/~`S,Z `C'~" 9/
2011, before me the undersigned
officer personally appeared, BRUCE NUNERY, known to me or satisfactorily proven to me to
be the person whose name is subscribed to the within Family Settlement Agreement and Final
Release, and acknowledged that he executed the same for the purposes therein contained.
.,~u,~c~ u~u%~
BRUCE N ERY
IN WITNESS WHEREOF, I hereunder set my hand and seal this ~ day of
2011.
N t ry P lic ~
JOSEPH F. BELASCO, JR.
NOTARY PUBLIC OF NEW JERSEY
Commission Expires 5/30/2012
Page 9 of 10
EXHIBIT "A"
ASSETS SUBJECT TO DISTRIBUTION VIA THIS AGREEMENT
ASSETS RECEIVED BY TILLE R. HODGE TRUST DATED MAY 24, 1993 (RESIDUE OF
TRUST BEING DISTRIBUTED BY THIS FAMILY SETTLEMENT AGREEMENT)
1. Ameriprise Mutual Fund Account #01012981047 8 002 $140,360.50
2. Ameriprise Mutual Fund Account #07150648823 9 002 $86,343.29
3. Ameriprise Annuity Account #93003955890 1 004 $48,059.50
4. Merrill Lynch Investment Account #500-43Y61 $34,023.22
5. Merrill Lynch Investment Account #500-43Y61 Dividend $100.91
6. Sovereign Bank Sovereign One Checking Account #1671005627 $7,200.50
7. Sovereign Bank Premier Checking Account #1671078896 $1,001.61
8. Sovereign Bank Money Market Account #1674062540 $72,653.67
9. Interest Earned Pending Distribution $202.94
$389,946.14
ASSETS RECEIVED BY ESTATE OF TILLIE R. HODGE (RESIDUE OF ESTATE BEING
DISTRIBUTED BY THIS FAMILY SETTLEMENT AGREEMENT)
1. Ameriprise Annuity Account #93001781503 4 004 $90,984.38
2. Ameriprise Annuity Account #93001791746 7 004 $37,791.17
3. Ameriprise Annuity Account #93001840261 8 004 $68,907.94
4. M&T Securities, Inc. Investment Account #AZD-149888 $97,560.43
5. M&T Securities, Inc. Investment Account #AZD-149888 Dividend $241.45
6. M&T Bank Market Advantage Account #15004201143100 $92,341.27
7. M&T Bank Checking Account #9845713297 $20,620.321
8. Ameriprise Life Insurance Policy #90902150202 8 004 $87,334.90
9. MetLife Life Insurance Policy #136389334 $2,536.13
10. MetLife Life Insurance Policy #137897678 $2,669.38
11. MetLife Life Insurance Policy #515000720 $2,706.50
12. Continental Life Hospital with Nursing Home Policy Refund $540.00
13. Reassure America Payments Received by Decedent but not cashed (2) $57.40
14. United Security Assurance Refund (Policy #56390) $674.87
15. United Security Assurance Refund (Policy #66634) $77.92
16. PSI Distribution Fund Payment $357.15
17. United Security Assurance Refund (additional refund) $1,070.40
18. MetLife Dividend $51.80
19. Ameriprise Dividend $318.96
20. PSERS Retirement Payment Received $816.33
21. FTC v. Union Consumer Benefits (Lawsuit Proceeds) $17.20
22. Interest Earned Pending Distribution $47.49
$507,723.39
' The date of death balance of this account was $22,451.85. This amount has been adjusted d ownward to account
for $1 ,831.53 of checks which were written but not yet processed by M&T Bank until after the date of death.
Exhibit "A" Page 1 of 6
EXPENSES OF ADMINISTRATION
EXPENSES OF TILLIE R. HODGE TRUST DATED MAY 23, 1993
1. Attorney Fees $21,851.70
2. Trustee Commission $8,224.08
3. Pennsylvania Inheritance Tax $129,214.01
4. Tax Return Preparer Fees $150.00
5. Appraisal of Personal Property $200.00
6. Account Valuation Fee (Merrill Lynch Account) $9.50
7. Account Valuation Fee (Sovereign Accounts) $20.00
8. Donegal Insurance (Homeowner's Insurance) $592.00
9. PP&L Electric $583.39
10. Lawncare $1,823.14
11. Water Bills $263.76
12. 2009 Real Estate Taxes (not paid by Decedent during life) $3,259.52
13. 2010 Real Estate Taxes (pro-rated through filing of Inheritance Tax) $2,770.63
14. Borough of Carlisle Tax $4.90
15. Inheritance Tax Return Filing Fee $15.00
16. Miscellaneous Bank Fees $56.75
$169,038.38
EXPENSES OF ESTATE OF TILLIE R. HODGE
1. Attorney Fees $26,341.57
2. Executrix Fee $17,524.03
3. Pennsylvania Inheritance Tax $52,777.56
4. Funeral Expenses Not Covered by Pre-Payment $401.53
5. Probate Fees $493.50
6. Tax Return Preparer Fees $450.00
7. Carlisle Regional Medical Center $50.00
8. APEX Asset Management (Carlisle Regional Medical Center) $155.00
9. PSERS (Refund of Overpayment Received) $571.43
10. Advertise Grant of Letters $269.73
11. Locksmith (Open Safe Deposit Box) $150.00
12. 2009 Pennsylvania Income Taxes of Decedent $146.00
13. 2009 Federal Income Taxes of Decedent $423.28
$99,753.63
Exhibit "A" Page 2 of 6
DISTRIBUTION OF RESIDUE OF TRUST
TOTAL DISTRIBUTION OF TRUST TO BENEFICIARIES
$389,946.14 Total Assets Received by Trust
($169,038.38) Expenses of Administration of Trust
$220,907.76 Net for Distribution
DISTRIBUTION OF TRUST TO JILL ANN ROBERTS (1/4)
$220,907.76 Total Trust Assets to be distributed
x 1/4 % of Distribution
$55,226.94 Total Distributive Share of Trust
x$12,014.87) Early Distribution Received
$43,212.07 Amount Due to Beneficiary
DISTRIBUTION OF TRUST TO JAMES A. ROBERTS (1/4)
$220,907.76 Total Trust Assets to be distributed
x 1/4 % of Distribution
$55,226.94 Total Distributive Share of Trust
($12,014.87) Early Distribution Received
$43,212.07 Amount Due to Beneficiary
DISTRIBUTION OF TRUST TO BRUCE NUNERY (1/4)
$220,907.76 Total Trust Assets to be distributed
x 1/4 % of Distribution
$55,226.94 Total Distributive Share of Trust
($12,014.87) Early Distribution Received
$43,212.07 Amount Due to Beneficiary
DISTRIBUTION OF
$220,907.76
x 1/4
$55,226.94
($12,014.87)
$43,212.07
' TRUST TO BRENDA LEACOCK (1/4)
Total Trust Assets to be distributed
of Distribution
Total Distributive Share of Trust
Early Distribution Received
Amount Due to Beneficiary
Exhibit "A" Page 3 of 6
DISTRIBUTION OF RESIDUE OF ESTATE
TOTAL DISTRIBUTION OF ESTATE TO BENEFICIARIES
$507,723.39 Total Assets Received by Estate
($99,753.63) Expenses of Administration of Estate
$407,969.76 Net for Distribution
DISTRIBUTION OF ESTATE TO JILL ANN ROBERTS (1/4)
$407,969.76 Total Trust Assets to be distributed
x 1 /4 % of Distribution
$101,992.44 Total Distributive Share of Estate
($49,420.87) Early Distribution Received
$52,571.57 Amount Due to Beneficiary
DISTRIBUTION OF ESTATE TO JAMES A. ROBERTS (1/4)
$407,969.76 Total Trust Assets to be distributed
x 1/4 % of Distribution
$101,992.44 Total Distributive Share of Estate
($49,420.87) Early Distribution Received
$52,571.57 Amount Due to Beneficiary
DISTRIBUTION OF ESTATE TO BRUCE NUNERY (1/4)
$407,969.76 Total Trust Assets to be distributed
x 1 /4 % of Distribution
$101,992.44 Total Distributive Share of Estate
($49,420.87) Early Distribution Received
$52,571.57 Amount Due to Beneficiary
DISTRIBUTION OF ESTATE TO BRENDA LEACOCK (1/4)
$407,969.76 Total Trust Assets to be distributed
x 1 /4 % of Distribution
$101,992.44 Total Distributive Share of Estate
($49,420.87) Early Distribution Received
$52,571.57 Amount Due to Beneficiary
Exhibit "A" Page 4 of 6
TOTAL DUE TO EACH BENEFICIARY
JILL ANN ROBERTS
$43,212.07 Due from Trust
$52,571.57 Due from Estate
$95,783.64 Total
JAMES A. ROBERTS
$43,212.07 Due from Trust
$52,571.57 Due from Estate
$95,783.64 Total
BRUCE NUNERY
$43,212.07 Due from Trust
$52,571.57 Due from Estate
$95,783.64 Total
BRENDA LEACOCK
$43,212.07 Due from Trust
$52,571.57 Due from Estate
$95,783.64 Total
Exhibit "A" Page 5 of 6
ASSETS WHICH PASS OUTSIDE OF TRUST OR ESTATE
TRUST ASSETS ALREADY DISTRIBUTED PER BENEFICIARY DESIGNATION LISTED
ON ACCOUNT (DESIGNATION MADE BY DECEDENT DURING LIFE)
1. Ameriprise Annuity Account #93001948611 5 004 $21,527.102
2. Ameriprise Annuity Account #93002570667 0 004 $24,881.073
$46,408.17
TRUST ASSETS TO BE DISTRIBUTED PER SPECIFIC BEQUEST IN TRUST DOCUMENT
1. 935 Rockledge Drive, Carlisle, PA
2. Portrait of Decedent
3. Oak Marble-top Table
$190,000.004
----------5
$190,000.00
ASSETS OWNED INDIVIDUALLY BY DECEDENT AT TIME OF DEATH WHICH HAVE
ALREADY BEEN DISTRIBUTED OUTSIDE OF THE ESTATE VIA BENEFICIARY
DESIGNATION LISTED ON THE ACCOUNT (DESIGNATION MADE BY DECEDENT
DURING LIFE)
1. Ameriprise Mutual Fund Account #0101 1779286 0 002 $255,543.58
2. Midland National Annuity Account #8500121056 $13.438.348
$268,981.92
ACCOUNTS OWNED BY DECEDENT JOINTLY WITH BRENDA LEACOCK AT TIME OF
DEATH (ACCOUNTS PASS TO BRENDA LEACOCK BY OPERATION OF LAW)
1. M&T Certificate of Deposit #31003910527084 $25,360.75
2. Oppenheimer Investment Account #A09-0026152 $85,211.34
z Distributed to Jill Ann Roberts and James A. Roberts per beneficiary designation on account. Account value listed
is date of death value.
s Distributed to Bruce Nunery per beneficiary designation on account. Account value listed is date of death value.
a Asset will be distributed to Brenda Leacock per specific bequest in trust document. Value listed is fair market
value at date of death.
s Asset will be distributed to Brenda Leacock per specific bequest in trust document. No value listed.
b Asset will be distributed to Jill Ann Roberts, Executrix of Estate of James S. Roberts for distribution to
beneficiaries of James S. Roberts' estate. No value listed.
'Distributed to Brenda Leacock per beneficiary designation on account. Account value listed is date of death value.
$ Distributed to Brenda Leacock per beneficiary designation on account. Account value listed is date of death value.
Exhibit "A" Page 6 of 6