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HomeMy WebLinkAbout05-25-11f:~ ~ --11 - ~ ~`~ ~ ~- ~~ ~~= ~ FAMILY SETTLEMENT AND FINAL RELEASE n ~ ~-„ IN THE ~ '- ~ rr'! c~ti i ~ •-~ ESTATE OF JEAN F. MURPHY ~~Q -n ~ ~, :: KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS AN F.• ~~ MURPHY, late of Upper Allen Township, Cumberland County, Pennsylvani~deceased~;: ~ died on December 25, 2010, having first made her Last Will and Testament, which was duly executed on October 16, 2008, duly recorded in Cumberland County, Pennsylvania, Estate No. 2011-00080. WHEREAS, the said JEAN F. MURPHY, by the aforesaid Last Will and Testament, named GAIL A. SANDS 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 personal property for a total value of $43,102.19 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 $6,601.74, 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 JEAN F. MURPHY, of $36,500.45, 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, GAIL A. SANDS, PAUL D. MURPHY, MARY R. HOFFMAN and NANCY L. BROOKS, 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. >t ~~ THEREFORE, we do hereby remise, release, quitclaim and forever discharge 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, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, 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. (This space left intentionally blank) 2 IN WITNESS WHEREOF, I have hereunto set my hand and seal this "~ day of May, 2011. WITNESS: ~~~ STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND GAIL A. SANDS, Administratrix/Beneficiary SS. On this --~-L day of May, 2011, before me, the undersigned officer, personally appeared GAIL A. SANDS, 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. Nota Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE M. RIDER, Notary Public Camp Hill Boro., Cumberland Coun My Commission Expires November 19, 13 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of May, 2011. WITNESS: ;~ ,; STATE OF PENNSYLVANIA COUNTY OF ~,~.,~~~~~ /~ ~~ ~'~ PAUL D. MURPHY, ene iciary SS. On this ~(,~ day of May, 2011, before me, the undersigned officer, personally appeared PAUL D. MURPHY, 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 same for the purposes therein contained. ~~~Q~.~ Notary Public ..~... Now~IAL seAt GAIL ANN sAtrOs Nolory Pubuc UPPER ALLEN iWP, CUM~ERIAND COUNfY My Commisslon Expires Au0 16, 2011 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~1 day of May, 2011. WITNESS: t t-.-y.-~,.,C ~', f--~ MARY R. OFFMAN, B iciary STATE OF PENNSYLVANIA COUNTY OF C~+-'n~~-~~ SS. On this -LTA day of May, 2011, before me, the undersigned officer, personally appeared MARY R. HOFFMAN, 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. Notar Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE M. RIDER, Notary Public Camp HiN Boro., Cumberland County My Commissior- Expires November 19, 13 5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this !4~ day of May, 2011. WITNESS: STATE OF PENNSYLVANIA COUNTY OF ^'t"r tr~-•.-~ n ~ ;~~-- ~ r~ C ~ ~~ G 1~ r~c% NANCY BROOKS, Beneficiary SS. On this 1 ~' day of May, 2011, before me, the undersigned officer, personally appeared NANCY L. BROOKS, 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. r Notary Publi COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Cathy A. Driebelbies, Notary Public Chazleston Twp, Tioga County My commission expires Febmary 07, 2014 6 FIRST AND FINAL ACCOUNT OF THE ESTATE OF JEAN F. MURPHY LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DEBITS Your Accountant charges herself with the following: Personal Property Value 2001 Toyota Camry $ 4,000.00 Bottom Line -Refund for cancelled magazine subscription $ 29.95 Atlanta Postal Credit Union Account #8405 $ 20,900.67 PSECU Account #0032183670-54 $ 11,345.08 Ameritrade Account #873116792 $ 2,816.74 Members 1st Federal Credit Union Account #305318 $ 947.45 C&N Bank Account #86027606 $ 526.59 C&N Bank Individual Retirement Account #50001051 $ 2,467.51 Refund from PA Inheritance Tax Overpayment $ 68.20 TOTAL PRINCIPAL DEBITS $ 43,102.19 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Daily Funeral Home -Funeral Bill $ 2,985.00 Tussey Funeral Home -Funeral Bill $ 642.00 St. Peter's Catholic Church -Grave Opening $ 125.00 Law Offices of Craig A. Diehl -Attorney Fees $ 1,000.00 Law Offices of Craig A. Diehl -Certified Mail Expense for DPW Letters $ 5.54 Cumberland County Register of Wills -Probate Fees $ 96.50 Bob Hagar, CPA -Tax Return Preparer's Fees $ 175.00 Cumberland Law Journal -Estate Advertisement $ 75.00 The Sentinel -Estate Advertisement $ 198.16 Cumberland County Register of Wills -Additional Short Certificates $ 8.00 Discover -Credit Card Account $ 190.32 Holy Spirit Hospital -Medical Expense $ 52.70 APCU Credit Card -Credit Card Account $ 24.75 Hershey MSHMC Physicians Group -Medical Expense $ 119.96 MS Hershey Medical Center Transport -Medical Bill $ 76.01 AAA -Fees to Transfer Vehicle $ 72.00 US Postal Service -Postage Expense $ 5.80 Dave Blowers -Amount Owed for Tennis Racquet $ 75.00 Cumberland County Register of Wills -File Inheritance Tax Return $ 15.00 Cumberland County Register of Wills -File Family Settlement Agreement $ 20.00 Cumberland County Register of Wills -Inheritance Tax Liability $ 640.00 TOTAL PRINCIPAL CREDITS $ 6,601.74 EXHIBIT B RECAPITULATION Principal Debits $ 43,102.19 Principal Credits $ 6,601.74 BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF JEAN F. MURPHY $ 36,500.45 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Balance for Distribution to the following heirs as described: Gail A. Sands $ 9,125.12 1601 Susan Lane Vehicle $ (4,000.00 Mechanicsburg, PA 17055 $ 5,125.12 Paul D. Murphy $ 9,125.11 176 Schoolhouse Road Milton, PA 17847 Mary R. Hoffman $ 9,125.11 741 Weldon Drive York, PA 17404 Nancy L. Brooks $ 9,125.11 533 North Bullock Road Mansfield, PA 16933 $ 36,500.45 EXHIBIT D