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Home My WebLink About07-05-11 (3)r.- :~r .::r i--- '-~-- ~._. _, ._ ~' ~ ~" ~T C._... ~-3 _.4...1 ~ ~...7 r...r _x '.' - .? FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE ~ ~ ° ~ _ ~ =~ Y ` ~ ~ REGARDING THE ESTATE OF HELEN M SHOLLY DECF AS ~ ~.3 = , -_ ,__~ ~. -~ . , . ^^ E .J `r7 ~ KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Helen M. 5.~ ~:. y . -~ ' -== ~r; ~.._ (hereinafter referred to as "Decedent"), late of Boiling Springs, Cumberland Count, r,, ~~' ~~ C.. , Pennsylvania, deceased, died testate on February 6, 2011, having first made her last will and " ; , testament, which was duly executed on June 13, 2002, and is duly recorded and filed to number 2011-00275 in the Office of the Register of Wills of Cumberland County, Pennsylvania.; and WHEREAS, the said Decedent, by her aforesaid last will and testament named Kathleen S. Daly and William R. Sholly as Co-Executors of her last will and testament; and WHEREAS, on February 18, 2011 William R. Sholly renounced his right to participate in the administration of the Decedent's estate; and WHEREAS, letters testamentary on the estate of the Decedent were duly issuF;d by the Register of Wills of Cumberland County, Pennsylvania to Kathleen S. Daly (hereinafter referred to as the "Executrix" or "personal representative"); and WHEREAS, the personal representative has gathered the assets of the estate which consist of personal property, the residue of which, and interest earned thereon, has a total value of $106,776.76, as set forth more fully in Exhibit "A", which is a statement of account of the personal representative, and which is attached hereto and made a part hereof; and WHEREAS, the debts and deductions, including the payment of inheritance ta.x on the said estate amount to $27,888.76, leaving a balance for distribution of $78,888.00, also as set forth in the statement of the personal representative, which is attached hereto marked .as Exhibit "A" and made a part hereof; and WHEREAS, the Decedent's specifically designated in her last will and testament that Kathleen S. Daly and William R. Sholly were to retain any and all items of personal property which they desired to have as their own; and WHEREAS, Kathleen S. Daly and William R. Sholly have retained these items or otherwise disposed of them according to their mutual satisfaction; and 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; NOW, THEREFORE, we Kathleen S. Daly, William R. Sholly, Josette D. Fought and Jaime Fought, being the heirs under the last will and testament of the said Decedent, a:nd being those persons entitled to inherit under said last will and testament, do hereby, 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 Page 1 of 10 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 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, 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, Kathleen S. Daly, 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 a:nd agree with each other and the aforesaid personal representative that we will contribute proportionally according to our share of the estate to satisfy any and all claims, demands, suits or causF;s 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 hands and seals the day and year written below: Page 2 of 10 WITNESS: ~ a~/„ DA E THLEEN S. DALY Page 3 of 10 WITNESS-f <_~ 6 - Z s--I~ ~ ~.~ d/ DATE Gr/,,.~ WILLIAM R. SHOLL Page 4 of 10 WITNESS: d DATE ~ -~1~-'_ SETTE D. FOUGHT Page 5 of 10 WITNESS: (~- 2~- 2011 DATE JAI E FOUGHT Page 6 of 10 COMMONWEALTH OF PENNSYLVNIA c,~~,bW1u,,;Q ss COUNTY OF . On this, the 2t s ~' day of Jw~~ , 2011, before me the undersigned officer personally appeared, KATHLEEN S. DALY, known to me or satisfactorily p1•oven 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. KATHLEEN S. DALY ~-~ IN WITNESS WHEREOF, I hereunder set my hand and seal this r~ ~ da~~y of ~" ~~ , 2011. Page 7 of 10 J ~ STATE OF I C vi, ~ S Y~ V ~ ~ , Q ; / SS COUNTY OF C U ~b~ ~ ~ .~ c( ; On this, the Z s day of _ J ~~ ~ , 2011 before me the unde~rsi ne g d officer personally appeared, WILLIAM R. SHOLLY, 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. - ~ `~ `~ ~- WILLIAM R. SHOLLY IN WITNESS WHEREOF, I hereunder set my hand and seal this 2 -~ day of ~~ ~~' -~-- , 2011. CpMMG~NIN~AL~H OF PENNSYLVANIA Notarial Seal '°-- Jarod Buck, Notary Public ~- UpperAllen Twp., Cumberland County Notary Public My Commission Expires Oct. 24, 2012 Member, Pennsylvania Association of Notaries Page8of10 COMMONWEALTH OF PENNSYLVNIA ~~~ ~ S S COUNTY OF ~ ~~'+ k ~H-~ On this, the --~ ~ day of ~~~ ~ ~"~-~...--~ , 2011, before me the undersi ned g officer personally appeared, JOSETTE D. FOUGHT, 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. ,:..+ OS TE D. FOUGHT IN WITNESS WHEREOF, I hereunder set my hand and seal this ~~~ day of Y `"~ ~''~ , 2011. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Larry L. Morrison, Notary PulOlic South Middleton Twp., Cumberland County My Commission Expires ]une 27, 20:14 Member: Pennsylvania Association ot` Notaries Page 9 of 10 COMMONWEALTH OF PENNS LVNIA COUNTY OF ~ uV~VJ~ V~U ~~ SS ~~ fn /~ On this, the day of ~ i C~ , 2011, before me the undersigned officer personally appeared, JAIME FOUGHT, known to me or satisfactorily proven toy 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. ~' l%~ JA E FOUGHT IN WITNESS WHEREOF, I hereunder set my hand and seal this ~hda of 1~f , y ~, J IJ~ ~~ , 2011. ~ Notary Public UNIMONYUFJ1LT~i OF~PENNSYIbANIA~ ~~ Notarlat Seal D®bora Flores, Notary Public Shlppensb~rq Boro, Cumberland County, Page 10 of 10 EXHIBIT "A" ASSETS SUBJECT TO DISTRIBUTION VIA THIS AGREEMENT TOTAL ASSETS SUBJECT TO DISTRIBUTION BY THIS FAMILY SETTLEME]v~[' AGREEMENT) 1. PNC Bank Checking Account #5005851923 $16,154.94 2. PNC Bank Savings Account #5004021696 $84,002.60 3. 2000 Honda Accord DX Sedan (proceeds of sale) `.66,500.00 4. Diamond Ring $50.00 5. Apria Healthcare Refund Received $7.55 6. Healthcare Refund Received from Provider $50.00 7. Interest Earned $11.67 $1()6.,776.76 EXPENSES OF ADMINISTRATION EXPENSES OF ESTATE OF HELEN M. SHOLLY 1. Myers Funeral Home, Inc. $~ 1,365.30 2. Gingrich Memorials $160.00 3. Funeral Reception $200.00 4. Executrix's Commission 915.,270.60 5. Attorney's Fees 9>5„075.00 6. Probate Fees $315.50 7. United Water (Decedent's Final Water Bill) $10.45 8. Pennsylvania Inheritance Tax 913.,531.67 9. Pennsylvania Inheritance Tax Return Filing Fee $15.00 10. Inventory Filing Fee $15.00 11. Family Settlement Agreement Filing Fee $20.00 12. PP&L Electric (Decedent's Final Electric Bill) $212.34 13. Verizon Telephone $22.01 14. Messiah Village Home Care, LLC $19.55 15. Waste Management (Dumpster Rental) $402.00 16. Advertise Grant of Letters & Opening of Estate $269.73 17. Nationwide Insurance $113.70 18. Automobile Repair $186.40 19. PP&L Electric (Electric Charges During Administration) $487.15 20. United Water (Water Charges During Administration) $21.06 21. Bank Charges/Fees $33.50 22. Sewer & Refuse Charges $142.80 $2.7,888.76 Exhibit "F-" 1Page 1 of 3 PERSONAL PROPERTY RETAINED BY KATHLEEN S. DALY & WILLIAM R. SHOLLY PURSUANT TO PARAGRAPH 2 OF DECEDENT'S LAST WILL AND TESTAMENT 1. 2000 Honda Accord DX Sedan (sold & proceeds retained) '6,500.00 2. Diamond Ring __ $50.00 `6,550.00 RESIDUE OF ESTATE LESS PERSONAL PROPERTY RETAINED BY KATHLEEN S. DALY & WILLIAM R. SHOLLY PURSUANT TO PARAGRAPH 2 OF DECEDENT'S LAST WILL AND TESTAMENT (NET RESIDUE OF ESTATE SUBJECT TO DISTRIBUTION) 1. PNC Bank Checking Account #5005851923 $16,154.94 2. PNC Bank Savings Account #5004021696 $84.,002.60 3. Apria Healthcare Refund Received $7.55 4. Healthcare Refund Received from Provider $50.00 5. Interest Earned _ $11.67 $100„226.76 CALCULATION OF DISTRIBUTIVE SHARES DISTRIBUTION OF NET RESIDUE OF ESTATE TO BENEFICIARIES $100,226.76 Total Assets Received by Estate ($27,888.76 Expenses of Administration of Estate $72,338.00 Net Residue for Distribution DISTRIBUTION OF ESTATE TO KATHLEEN S. DA.L~Y $72,338.00 Net Estate Assets to be distributed x 1 /3 % of Distribution $24,112.66 Amount Due to Beneficiary DISTRIBUTION OF ESTATE TO WILLIAM R. SHO:LL,Y $72,338.00 Net Estate Assets to be distributed x 1 /3 % of Distribution $24,112.67 Amount Due to Beneficiary Exhibit "~~" Page 2 of 3 DISTRIBUTION OF ESTATE TO JOSETTE D. FOUGHT & JAIME FOUGHT (JAIME FOUGHT TO RECEIVE 2°,/0 'OR $500.00, WHICHEVER IS LESS, PURSUANT TO PARAGRAPH 3 OF DECEDENT'S LAST WILL AND TESTAMENT) $72,338.00 Net Estate Assets to be distributed x 1 /3 % of Distribution $24,112.67 Amount Due to Beneficiaries CALCULATION OF JAIME FOUGHT' S SHA.R:E $24,112.67 1 /3 share to be shared with Josetl:e :Fought x 2% $482.25 * $482.25 is less than $500.00 therefore Jaime F~ ought receives $482.25 pursuant to Paragraph 2 of Decedent's Last Will and Testament CALCULATION OF JOSETTE D. FOUGHT' S SHARE $24,112.67 1 /3 share to be shared with Jaime; Fought ($482.25) Amount to Jaime Fought $23,630.42 Amount due to Josette D. Fought. TOTAL DUE TO EACH BENEFICIARY KATHLEEN S. DALY $24,112.66 WILLIAM R. SHOLLY $24,112.67 JOSETTE D. FOUGHT $23,630.42 JAIME FOUGHT $482.25 $72,338.00 Total Distributed from Re;sidue of Estate Exhibit "A" Page 3 of 3