Loading...
HomeMy WebLinkAbout07-08-11i l s.' ~ ; ~ ~.~ ~.. ~ ~ aft ~ ~ FAMILY SETTLEMENT AGREEMENT Cl ERK OF IN THE ESTATE OF HARRY R. TURNER DECEAS ~ DH'`~"`1~~~ S ~Q~~;T ~FE~~~~.~~~r~ C~., ~~ AGREEMENT executed this ~ _ day of ~~.~~Z~ 2011., by and between CAROL DALTON, Executrix of the Estate of ARRY R. TURNER, deceased, and ANNA PAULUS, CAROL ANN DALTON and JOLENE KOLSOVSKY, heirs and benF;ficiaries of the Estate of HARRY R. TURNER. WHEREAS, HARRY R. TURNER, late of North Middleton Township, Cumberland County, Pennsylvania, died on October 19, 2009, having left a Last Will and Testament dated August 22, 2008. WHEREAS, on November 5, 2009, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint CAROL DALTON, as Executrix of the Estate of HARRY R. TURNER, in Estate Number 21-09-1037 upon the probating of the aforesaid Last Will and Testament, and WHEREAS, the Executrix has proceeded with the administration of said Estate consisting of assets in the amount of $69,975.12, plus non-probate assets of $572.76, less disbursements in the amount of $14,975.12, and less in-kind distributions of probate .and non- probate assets in the amount of $572.76, less interim distributions of specific bequests ($5,000.00} and distribution to residuary heirs ($50,000.00), leaving a principal balance on hand of $0.00, as set forth in the First and Final Account, a true and correct copy is attached hereto and made part hereof as Exhibit "A", and WHEREAS, the only parties in interest in said Estate are the above-named parties, and WHEREAS, said parties in interest desire that the Executrix shall not be required to file an Account with the Orphan's Court of Cumberland County, Pennsylvania, and that the net estate of the decedent shall be distributed without the necessity of filing a formal Account to avoid the expense, delay and publicity of a formal accounting, but should instead be distributed in accordance with the Executrix's Proposed Schedule of Distribution, a true and correct copy of which is attached hereto and made a part hereof as Exhibit "B". m NOW THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the above-named heirs and beneficiaries of the Estate of HARRY R. TURNER do hereby mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of CAROL DALTON, Executrix for the Estate of HARRY R. TURNER, deceased, and Proposed Schedule of Distribution relating thereto, and find them to be true and correct, and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. The parties hereto hereby agree that in order to avoid the expense, delay and publicity involved in the filing of a formal Account and Schedule of Distribution, no accounting to the Court 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 Orphan's Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 3. The parties hereby remise, release, quitclaim and forever discharge the Estate of HARRY R. TURNER, and CAROL DALTON, Executrix, her heirs, Executors, administrators and assigns, from all manner of acts, suits, claims, accountings, debts and demands whatsoever which we or any of us or our legal representatives or assigns may at any time hereafter have against said Executrix, estate, or assets thereof, touching or concerning the Estate of the Decedent. 4. The parties hereto covenant and agree that they will contribute their share of the Estate to satisfy all claims, debts, demands, suits or cause of action which may be successfully brought against the Estate or the Executrix a~~ter the execution of this Family Settlement and Final Release. 5. The parties hereto hereby agree that they will at all times in the future and wherever necessary, appropriate or convenient, made, execute and deliver to said Executrix, and/or to the other party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Family Settlement and Final Release. 6. This Family Settlement and Final Release constitutes the entire understanding among the parties hereto, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them prior hereto by the Executrix or any other person or party upon her behalf. 7. This Family Settlement and Final Release shall inure to the benefit and shall bind the parties hereto, and each of them, their heirs, Executors, administrators, successors and assigns. 8. This Family Settlement and Final Release shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. WITNESSETH: ~" ~~ F 1 A ',K y _ ~l ~ ~ Date ARO ALT ~~. Execu rix ~- ~~ ' _ ~ ` ~ --/~ Date f{/{^/' ~y~ ~ r ~A Date c ~ ,; ,~ ~ ,. ANNA PAULUS Individually as heir and beneficiary/ ,,.,~'r~ J/ i ..' ~ J 1 CAROL A-,~N DALTON 4° ~ , Individually as heir and beneficiary __ '- ~ Date ~;; JOLENE R. OLSOVSKY ~;%~'~ Individually as heir and ben ficiary FIRST AND FINAL ACCOUNT OF CAROL DALTON, EXECUTRIX OF THE ESTATE OF HARRY R. TURNER, Deceased Date of Death: October 19, 2009 Date of Executrix' Appointment November 5, 2009 Accounting for the Period of November 5, 2009 to July 5, 2011 Purpose of Account: CAROL DALTON, Executrix of the Estate of HARRY R. TURNER, offers this Account to acquaint interested parties with the transactions that have occurred during her administration of the Estate for the accounting period indicated above. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Request for additional information or questions or objections can be discussed with: Bradley L. Griffie, Esquire GRIFFIE & ASSOCIA TES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 r RECEIPTS OF PRINCIPAL REAL ESTATE Residential 1001 Cranes Gap Road ....................................$67,101.69 Carlisle, PA SUBTOTAL .......................................................................... $67,101.69 STOCKS and BONDS NONE CASH and BANK ACCOUNTS 1. M&T Bank Account No. 9835254138 .........................$672.47 2. Tax Proration from real estate settlement ...... $930.96 SUBTOTAL ......................................................... $1,603.43 PERSONAL PROPERTY 1. Personal Property (auctioned) ................$1,270.00 SUBTOTAL ................................................ $1,270.00 ADDITIONAL RECEIPTS NONE TOTAL PRINCIPAL of probate Estate before adjustments ..:..........$69,975.12 NON-PROBATE ASSETS ATTRIBUTABLE TO ESTATE 1. M&T Bank Checking Account No. 9838893627 ................. $1..89 (1/2 value; held jointly with Carol Dalton) 2. M&T Bank Checking Account No. 98388893643 .............$570.87 (1/2 value; held jointly with Jolene Kolsovsky) SUBTOTAL .......................................................................$572.76 GAINS AND LOSSES ON SALES AND OTHER DISTRIBUTIONS GAINS: NONE LOSSES: NONE Total principal of Estate with all adjustments ........................... $7U,547.~~ DISBURSEMENTS OF PRINCIPAL Orrstown Bank Account No. 108007041 DEBTS OF DECEDENT 1. PPL Electric Utilities ..........................................$237.48 2. PPL Electric Utilities .......................................... $222.09 SUBTOTAL :................................................$ 459.57 FUNERAL EXPENSES 1. Carlisle Memorial Service ............................... $215.00 SUBTOTAL :................................................ $ 215.00 ADMINISTRATION EXPENSES 1. Attorney's fees to GRIFFIE & ASSOCIATES............$ 3,805.00 2. Personal Representative Commission .............. ........$ 1 ,998.07 3. Probate Fees ........................................... .........$ 11.0.00 4. Advertising -The Sentinel .......................... ......... $ 187.54 5. Advertising -The Cumberland Law Journal ...... .........$ 75.00 6. T. J. Koch (Trash hauling) ........................... ......... $ 605.79 7. PPL Electric Utilities ........................................... $ 370.29 8. PPL Electric Utilities .................................. ......... $ 205.33 9. PPL Electric Utilities .................................... ..........$ 218.91 10. PPL Electric Utilities .................................... .......... $ 300.00 11. State Farm (Homeowners) ..................................... $ 549.28 12. York Waste Disposal ................................. ......... $ 86.05 13. Auctioneer Expenses ................................. ..........$ 484.50 14. Settlement Fees ........................................ .........$2.626.09 (A) Transfer Tax ...................................... $671.02 (B) 2010-2011 School Real Estate taxes........$1,557.44 (C) 2010 County Township Real Estate taxes.. $ 397.63 SUBTOTAL: $ 12,510.98 TAXES Pennsylvania Inheritance Tax $2,591.50 SUBTOTAL: 2 591.50 TOTAL DISBURSEMENTS OF PRINCIPAL $1.4,975.12 IN KIND DISTRIBUTIONS NONE SPECIFIC BEQUESTS 1. Anna Paulus 5 000.00 SUBTOTAL $5,000.00 NON-PROBATE ASSETS PREVIOUSLY DISTRIBUTED 1. M&T Bank Account No. 9838893627 ......................$1.89 (Distributed to joint owner) 2. M&T Bank Account No. 9838893643 ......................$570.87 (Distributed to joint owner) SUBTOTAL: $572.76 INTERIM DISBURSEMENTS TO BENEFICIARIES CAROL ANN DALTON ............................$25.000.00 JOLENE L. KOLSOVSKY ..........................25,000.00 $50,000.00 TOTAL DISBURSEMENTS AND DISTRIBUTIONS $70,547.88 .. PROPOSED SCHEDULE OF DISTRIBUTION Assets for Distribution Total Principal of Estate with Adjustments...........$70,547.88 Less Total Disbursements and Distributions.......(-) 70 547.88 Net assets available for distribution $0.00 EXHIBIT "B" SUMMARY OF ACCOUNT Principal -Total Assets $70,547.88 (including non-probate assets) Less Disbursements of Principal (-) $14,975.12 Specific Bequest distributed (-) $5,000.00 Non-probate assets previously distributed (-;) $572.76 Interim Disbursement of Heirs (-) $50,000.00 TOTAL Cash Available for Distribution $0.00 Exhibit "A"