HomeMy WebLinkAbout07-28-11~;~ t --
GLE~K OF
FAMILY SETTLEMENT AND FINAL REL ~~~r'`l'~ ~;Ot;fi';
ESTATE OF DORIS L. CHRISTMAS, DECEASED
KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Doris L.
Christmas, late of Upper Allen Township, Cumberland County, Pennsylvania, deceased,
died testate on April 6, 2010, having first made her Last Will and Testament, which was
duly executed on April 4, 2006, and is duly recorded in the Cumberland County, Register
of Wills Office at File Number 21-10-0395;
WHEREAS, the said Executrix, by the aforesaid Will, named Natalie A. White,
as Executrix of her Last Will and Testament.
WHEREAS, the Executrix has gathered the assets, debts and deductions,
including the payment of inheritance tax on the said estate of the decedent which were
held in three separate accounts being a Checking Account, Savings Account and Money
Market Account. The Checking Account has an balance ending of $0.00, which is a
statement of account of said Executrix, and which is attached hereto and made a part
hereof, and marked as Exhibit "A". The Savings Account has an ending balance of
$5.53, which is a statement of account of said Executrix, and which is attached hereto and
made a part hereof, and marked as Exhibit "B". The Money Market Account has an
ending balance of $52,441.42, which is a statement of account of said Executrix, and
which is attached hereto and made a part hereof, and marked as Exhibit "C".
WHEREAS, the Executrix will/has: (i) withhold $3,000.00 for payment of final
attorney's fees, (ii) withhold $1,500.00 for payment of fiduciary taxes and any other
proper expenses or liabilities of the estate of which the Executrix shall have received
notice by that time, or which may otherwise be payable; (iii) withhold $10,000.00 for
payment to Natalie White for the Executrix Fee; and (iv) distribute to the beneficiaries, in
the proportion of their interests and without further accounting, the balance then
remaining of $37,946.95 available for distribution, as set forth in the statement of the said
Executrix, which is attached hereto and labeled "Recapitulation". Such distribution will
also include any funds received by the Executrix subsequent to the date to which the
attached Account is stated. Should any proper liabilities of the estate, whether for taxes
or otherwise, arise or come to the attention of the Executrix or any of the other parties
thereafter, the beneficiaries agree to be jointly and severally liable thereof;
WHEREAS, in accordance with the decedent's Will, each beneficiary is to
receive one half (1/2) of the decedent's interest in the estate;
WHEREAS, the parties hereto agree that the remaining balance of the estate
assets shall be distributed as set forth in the Schedule of Distribution, a copy of which is
attached hereto as Exhibit "D" and made a part hereof, including distribution of all
legacies and devises as therein set forth. Without intending to limit the rights or remedies
of the Executrix, the parties further agree to indemnify the Executrix and save him
harmless against all liability, loss, and expenses, including, but not limited to, costs and
counsel fees which he may incur, whether due to his negligence or otherwise, as a result
of making the above described distributions without a court audit;
NOW, THEREFORE, that we, Peter J. Christmas and Natalie A. White, being
all of the children of the said decedent, and heirs under the Will of the said decedent, and
being those persons entitled to inherit under said Will, do hereby each of us,
acknowledge that we have this day 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 each of us respectively by the said Last Will and
Testament, the amounts due us under said Will, which amounts we 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 "D";
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, Cumberland County, Pennsylvania.
THEREFORE, we and each of us, do hereby remise, release, quitclaim and
forever discharge the said Executrix, heirs, Executrix's and administrators and assigns, of
and form the said estate and from all actions, suits, payments, accounts, reckoning,
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 Executrix, 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 the aforesaid
Executrix after the signing, sealing and delivery of this Family Settlement Agreement and
Final Release.
This Family Settlement Agreement and Final Release may be executed in any
number of counterparts and each such counterpart shall be deemed to be an original, but
all such counterparts together shall constitute but one Agreement 1
IN WITNESS WHEREOF we have hereunto set our hands and seals this i ~ r~
day of , 2011.
~~
WITNESS:
~~~~ ~ EAL)
Pe J. Chirstmas
~.C~ c (..~ c ~~ -~ (SEAL)
Natalie A. White
STATE OF ~~~ ~ ~ U ~ ~~
SS.
COUNTY OF C~!Yl ~-' ~ `~~
1~
On this, the ~ ~ day of ~ i __, 2011, before me, a
Notary Public, the undersigned officer, personally a eared Peter J. Christmas, 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 purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Nota u is ~--
,r ~
C~"4M4NdN~:~'_t•H')t= FL_N~~:i'~1_VA,€J"A
Notarial ~eai
.Jennifer Gross, Notary Public
Camp Hil! Coro, Cumberhand County
My Commission Expirss Sept. 11, 2012
Member, Pennsylvania Assoc;ation of ivotar,es
r-~
STATE OF Q~ ~ ~ ~;~ ~ G~
SS.
COUNTY OF ~~~~' ~~ ~~
1~
On this, the 1 day of 1 , 2011, before me, a
Notary Public, the undersigned officer, personally ap ared Natalie A. White, 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 purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary
' Notarial Seal
Jennifer Gross, Ploiary Public
Camp Hitl hero, Cum:beiianci +rounfy
iy Commission ~x;oires Sept. 11, 2012
ber, Pennsylvania Associa4ian of i~Jotarie
RECAPITULATION
Checking Account -Exhibit "A" $ 0.00
Savings Account -Exhibit "B" $ 5.53
Money Market Account -Exhibit "C" $52,441.42
Decedent's Assets/Liabilities $52,446.95
Reserve held in Estate Account for payment
of remaining attorney's fees $ 3,000.00
Reserve held in Estate Account for payment
of fiduciary taxes $ 1,500.00
Reserve held in Estate Account for payment to
Natalie A. White for Executrix Fee - $10,000.00
AMOUNT FOR DISTRIBUTION $37,946.95
DISTRIBUTION TO PETER CHRISTMAS $14,223.48
DISTRIBUTION TO NATALIE CHRISTMAS $23,723.47
Exhibit "A"
Checking Account Deposit Withdraw
4/23/10 Deposit $5,000.00
4/26/10 Kathleen Burgess -house cleaning $ 140.00
4/29/10 Morrow & Farrar -jewelry consult $ 25.00
4/30/10 Deposit Dividend $ .11
5/2/10 Withdraw -transfer Savings $3,500.00
5/4/10 Withdraw -check fee $ 11.95
5/20/10 Highland County FL -copy of Deed $ 5.00
5/17/10 Upper Allen Twp. -sewer $ 112.00
5/24/10 Nationwide $ 108.02
6/3/10 Deposit $3,602.00
6/3/10 Natalie White -reimburse
Henderson & Co. Jewelers, Inc. $ 320.00
6/3/10 Natalie White -reimburse
Dumpster/Trash Remvoal $ 365.00
6/3/10 Reager & Adler, PC $ 1,896.50
6/8/10 Overdraw Fee $ 33.00
6/9/10 Deposit -reimburse NSF Fee $ 33.00
6/9/10 Deposit -transfer from Money Market $5,695.15
6/9/10 Malpezzi Funeral Home $ 7,813.79
6/16/10 Deposit -transfer from Money Market $ 49.90
6/22/10 Withdraw -transfer to Money Market $ 49.90
6/22/10 Deposit -transfer Money Market $ 58.33
6/22/10 Nationwide $ 58.33
6/29/10 Deposit $9,956.89
7/1/10 Register of Wills -Inheritance Tax $8 ,703.18
7/15/10 Reager & Adler, PC $ 419.50
716/10 David Pulmary $ 30.48
7/19/10 York Waste $ 175.32
7/22/10 Nationwide $ 58.33
7/30/10 John M. Mutzabaugh -removal of
property from home for disposal $ 500.00
8/2/10 Deposit -transfer from Money Market $1,684.33
8/2/ 10 Upper Allen Township $ 112.00
8/2/10 Dennis Zerbe, Treasurer $ 1 ,642.41
8/18/10 Deposit $ 5.13
8/19/10 Deposit -transfer from Money Market $ 129.87
8/19/10 Reager & Adler, PC $ 135.00
8/20/10 Deposit -transfer from Money Market $ 250.00
8/20/10 Kathleen Burgess -clean house $ 250.00
8/23/10 Deposit -transfer from Money Market $ 58.33
8/23/10 Nationwide $ 58.33
8/24/10 Deposit -transfer from Money Market $ 130.50
8/24/10 York Waste $ 130.50
9/22/10 Deposit -transfer from Money Market $ 79.34
9/22/10 Nationwide $ 79.34
9/29/10 Deposit -transfer from Money Market $25,000.00
9/29/10 Peter Christmas -partial distribution $25 000.00
10/5/10 Deposit -transfer from Money Market $25,800.00
10/5/10 Natalie White -reimburse for payments
on PSECU Loan $ 800.00
10/5/10 Natalie White -partial distribution $ 8 302.50
10/5/10 Natalie White -partial distribution $ 8 302.50
10/5/10 Natalie White -partial distribution $ 8395.00
10/27/10 Deposit $ 1,567.03
10/28/10 Reager & Adler, PC $ 533.00
11/8/10 Deposit -transfer from Money Market $ 7,565.48
11/8/10 PSECU -payoff loan $ 8 599.51
12/24/10 Deposit $ 31.96
12/24/10 Deposit -transfer from Money Market $ 3,844.34
12/24/10 Reager & Adler, PC $ 876.30
12/24/10 Natalie White -partial distribution $ 3,000.00
12/27/10 Deposit -transfer from Money Market $ 6,000.00
12/27/10 Peter Christmas -partial distribution $ 6,000.00
12/29/10 Deposit -transfer from Money Market $ 56.09
12/29/10 Zerbe FL taxes $ 56.09
2/8/11 Deposit -transfer from Money Market $ 3,000.00
2/8/11 Natalie White -partial distribution $ 3 000.00
2/10/11 Deposit $ 171.57
2/11/11 Reager & Adler, PC $ 81.91
2/16/11 Reager & Adler, PC $ 30.00
3/1/11 Deposit -transfer from Money Market $ 24.13
3/15/11 Reager & Adler, PC $ 83.79
3/22/11 Deposit -transfer from Money Market $15,000.00
3/22/11 Peter Christmas -partial distribution $15 000.00
3/24/11 Deposit $ 14.94
4/26/11 Deposit -transfer from Money Market $ 4,985.06
4/26/11 Natalie White -partial distribution $ 5 000.00
5/11/11 Deposit -transfer from Money Market $ 9,500.00
5/11/11 Peter Christmas -partial distribution $ 9 500.00
5/12/11 Deposit -transfer from Money Market $ 259.50
5/12/11 Reager & Adler, PC $ 259.50
5/27/11 Deposit -transfer from Money Market $ 5,000.00
5/27/11 Natalie White -partial distribution $ 5 000.00
6/21/11 Deposit -transfer from Money Market $ 5,000.00
6/21/11 Natalie White -partial distribution $ 5.000.00
TOTALS $139,552.98 $139,552.98
BALANCE AS OF JUNE 30, 2011 $0.00 $0.00
Exhibit "B"
Savings Account
4/23/10 Deposit
4/23/10 Deposit
4/23/10 Withdraw
4/23/10 Withdraw -Transfer to Checking
4/23/10 Withdraw
4/30/10 Deposit Dividend
5/2/10 Deposit from Checking
5/31/10 Deposit Dividend
5/4/10 Withdraw -Transfer to Money Market
TOTAL
BALANCE AS OF JUNE 30, 2011 IN SAVINGS
De osit
$ 9,532.89
$19,777.75
Withdraw
$ 10.00
$ 5,000.00
$ 5,000.00
$ 1.27
$ 3,500.00
$ .53
$22 796.91
$32,812.44 $32,806.91
$5.53
Exhibit "C"
Money Market Account De osit Withdraw
5/4/10 Deposit -transfer from Savings $ 22,796.91
5/31/10 Deposit dividend $ 7.00
6/9/10 Withdraw -transfer to Checking $ 5,695.15
6/16/10 Withdraw -transfer to Checking $ 49.90
6/22/10 Withdraw -transfer to Checking $ 58.33
6/30/10 Deposit dividend $ 6.11
7/31/10 Deposit dividend $ 5.78
8/2/10 Withdraw -transfer to Checking $ 1,684.33
8/19/10 Withdraw -transfer to Checking $ 129.87
8/20/10 Withdraw -transfer to Checking $ 250.00
8/23/10 Withdraw -transfer to Checking $ 58.33
8/24/10 Withdraw -transfer to Checking $ 130.50
8/31/10 Deposit dividend $ 5.16
9/18/10 Deposit $142,470.18
9/22/10 Withdraw -transfer to Checking $ 79.34
9/29/10 Withdraw -transfer to Checking $25,000.00
9/30/10 Deposit dividend $ 40.98
10/5/ 10 Withdraw -transfer to Checking $25,800.00
10/31 / 10 Deposit dividend $ 65.23
11/8/10 Deposit $ 3,320.05
11/8/10 Withdraw -transfer to Checking $ 7,565.48
11/30/10 Deposit dividend $ 59.38
12/24/10 Withdraw -transfer to Checking $ 3,844.34
12/27/10 Withdraw -transfer to Checking $ 6,000.00
12/29/10 Withdraw -transfer to Checking $ 56.09
12/31/10 Deposit dividend $ 57.56
1/31/11 Deposit dividend $ 43.18
2/08/11 Withdraw -transfer to Checking $ 3,000.00
2/28/11 Deposit dividend $ 38.07
3/1/11 Withdraw -transfer to Checking $ 24.13
3/22/11 Withdraw -transfer to Checking $ 15,000.00
3/31/11 Deposit dividend $ 36.81
4/26/11 Withdraw -transfer to Checking $ 4 985.06
4/27/11 Deposit $ 1131.70
~
4/30/11 Deposit dividend $
30.35
5/5/11 Deposit $ 1447.00
~
5/11/11 Withdraw -transfer to Checking $ 9,500.00
5/12/11 Withdraw -transfer to Checking $ 259.50
5/27/11 Withdraw -transfer to Checking $ 5,000.00
5/31/11 Deposit dividend $ 27.41
6/21/11 Withdraw -transfer to Checking $ 5,000.00
6/30/11 Deposit dividend $ 22.91
TOTAL $171,611.77 $119,170.35
BALANCE AS OF JUNE 30, 2011 $52,441.42
Exhibit "D"
SCHEDULE OF DISTRIBUTION
Peter J. Christmas -The sum of $25,000.00 was distributed on September 29, 2010.
The sum of $6,000.00 was distributed on December 23, 2010. The sum of $15,000.00
was distributed on March 22, 2011. The sum of $9,500.00 was distributed on May 11,
2011. The total distribution to date to Peter J. Christmas is $55,500.00. The remaining
sum of $14,223.48 is to be disbursed.
Natalie A. White -The total sum of $25,000.00 was distributed on September 29, 2010.
The total sum of $3,000.00 was distributed December 24, 2010. The sum of $3,000.00
was distributed on February 8, 2011. The sum of $5,000.00 was distributed on Apri122,
2011. The sum of $5,000.00 was distributed on May 26, 2011. The sum of $5,000.00
was distributed on June 18, 2011. The total distribution to date to Natalie A. White is
$46,000.00. The remaining sum of $23,723.47 is to be disbursed.