HomeMy WebLinkAbout08-08-11COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~'.~NIA
ORPHANS COURT DIVISION
IN RE: ESTATE OF DONALD A. WION ) Estate No. 21-10-123
late of the Township of Upper )
Allen, Cumberland County, )
Pennsylvania )
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SETTLEMENT AGREEMENT ~ , ~ ~-
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This Agreement executed this )~~r day of ~~ ~~ ~ _~ , 2011;,' ~-~- ~~~
by and between: ~ v `'~ ~--'
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DOUGLAS A.WION, of 1617 Regina Circle, State College, Pemnsylvania 16803,
Executor and Ieneficiary of the Estate of Donald W. Wion,
AND
SUSAN J. BARTRAM, of 1204 Winter Hunt Road, McLean, Virginia 22102,
Beneficiary of the Estate of Donald A. Wion,
Background
1. Donald A. Wion died December 7, 2010, a resident of Upper Allen ~ ownship,
Cumberland County, Pennsylvania, leaving a Last Will and Testament (Will)
dated October 21, 1993. A true and correct copy of said Will is attached hereto
and made a part hereof and marked Exhibit "A".
2. under said Wili the Decedent appointed Douglas A. Wion Executor (Executor).
3. Said Will was probated by the Register of Wills of Cumberland County,
Pennsylvania, and Letters Testamentary were granted thereon to Douglas ,~. W"ion
on December 16, 2010 (Estate).
4. The Executor bas proceeded with the administration of the Estate by taking
charge of the assets of the Decedent; paying the legal debts of the Decedent; filing
a Pennsylvania Inheritance Tax Return; and, paying the calculated tax due.
5. The Inheritance Tax Return was accepted as filed as evidenced by a closing Ictfer
from the Inheritance Tax Division of the Department of Revenue of the
Commonwealth of Pennsylvania dated May 16, 201 1. :'1 U-ue and correct ~.opy of
said letter is attached hereto and made a part hereof and marked Exhibit "B".
G. The parties hereto being all of the residuary beneficiaries of the Decedent , by the
execution of this Agreement, have agreed that the Executor may proceed ~~~ make
distribution of the residue of the Estate without the necessity of filing a First and
Final Account with the Orphans Court of Cumberland County in order to expedite
the distribution of the remaining assets of the Estate to the benelcianes.
NOW, THEREFORE, the parties hereto intending to be legally bound hereby,
mutually agree as follows:
The parties hereto, and each of them, agree and acknowledge that they are
satisfied that the Estate has been administered according to law and that
distribution of the residue of the Estate shall be made by the Executor directly to
the beneficiaries without the necessity of filing a First and Final Account and
Schedule of Distribution /Account with the Orphans Court of Centre County.
2. The parties hereto, and each of them, agree and acknowledge that all expenses
itemized on Exhibit "C" not heretofore paid shall be paid by the Executor as part
of the expense of the administration of the Estate.
3. The parties hereto, and each of them, agree and acknowledge that the asscis of the
Estate remaining for distribution are as follows:
a. Estate Checking Accounts - $129,230.70
b. Certificates of Deposit - $476,929.59
TOTAL $606,160.3 8
4. The parties hereto, and each of them, agree and ackno~~-ledge that the following
remaining expenses are to be paid from the Estate Checking Accounts prior to any
distribution to the beneficiaries:
A. Legal Fees $2,500.00
B. Cumberland County Register -Family Settlement Agreement
Filing fee ,~~ 00
C. Copies /postage /misc. expenses ~~~ O0
TOTAL EXPENSES TO BE PAID $2,570.00
~ The parties acknowledge that these certificates of deposit have not yct maturrd and are still hc:i~,l ~~,
various banking institutions in the Name of Donald A. Wion. Unless utherwise mutually agreed by the
parties, the amounts held in these certificates of deposit along with any interest earned thereon wil I be
distributed as they mature in accordance with the schedule of distribution.
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5. After payment of these expenses, the balance remaining for distribution in the
Estate Checking Accounts and Certificates of Deposit to the beneficiaries is
5603,590.38.
6. All amounts due the respective beneficiaries are set forth on a Schedule of
Distribution attached hereto and made a part hereof and marked Exhibit "D".
7. The parties hereto agree and acknowledge that by the execution of this Settlement
Agreement, they do hereby acquit, exonerate and discharge the Executor of the
Estate, and each other individually, of and from all actions, suits, claims or
demands, and further release and discharge the Executor (i-om the perfornrmce of
any further duties with respect to the administration of the Estate, except for the
distribution of the residue of the Estate in accordance with the te-ms of this
Settlement Agreement and the Exhibits attached thereto.
9. The parties hereto agree and acknowledge that this Settlement Agreement may he
signed in counterparts.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bowed
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESS:
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DOUG AS A. WION, mdividuallv and as
Executor of the DO'x1ALD A. WION Estate
~"~''` 1~JGv, ~/~--- (SEA L
SUSAN J. BA TRAM
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF' CENTRE ~
ON THE, the ...~L} day of ~, _ __ 20l 1, before me, a
Notary Public, the undersigned officer, pers ally ppeared Douglas A. Wion, I:uown to
me (o~- satisfa.ctorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she exec>rrted the same for the purpose therein
contained.
IN WI"TNESS WHEREOF, I have heretiulto set my hand and official seal.
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otary Publi¢
My Commission Expires:
COMMONWEALTH OF PENNSI~LVANIA
Notarial Seal
Gail M. Wchardson, Notary Public
Bsgefonte Bono. Centre County
Cotnmisslon Explroa Dsc. 22, 2012
Pennsylvania AssoGation of Notaries
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COMMONWEALTH OF VIRGINIA )
SS:
COUNTY OF ~~i i`/' ~~f ~
ON THE, the -~-~~~' day of ~' l _ _, 201 1, before me, a
Notary Public. the undersigned officer, personally peared Susan L. Bartram, Known to
me (or satisfactorily proven) to be the person whose name is subscribed to the ~~ ithin
instrument, and acknowledged that he executed the same 1-or the purpose therein
contained.
IN ~~'~~~SS WHEREOF, I have hereunto set my hand and official seal.
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?~~~t ~i11 ~n~ ~~~Y~tuT~rtt
OF
DONALD ANDREW WION
I, DONALD ANDF:EW WION, of Lower Paxton Township, Dauphin
County, Pennsylvania, being of sound mind, memory and
understanding, do make, publish and declare the following to be my
Last Will and Test~iment, hereby revoking and making void, any and
all wills, codicil; and testamentary dispositions by me at any time
Heretofore made.
ITEM I. I direct that all my just debts and funeral
expenses be paid ar~d satisfied by my Executors hereinafter named
as soon as conveniE:ntly may be after my decease.
ITEM II. All the rest, residue and remainder of my
estate, whether real, personal or mixed, of whatever kind and
wheresoever situatE:d, I give, devise and bequeath unto my son,
DOUGLAS A. WION and my daughter, SUSAN J. BARTRAM, in equal shares,
per stirpes. If ar~y of my said children shall predecease me
without issue, ther,~ I give, devise and bequeath the share of that
child to the surviving child, per stirpes.
ITEM III. I nominate, constitute and appoint my son,
DOUGLAS A. WION, as, Executor of this my Last Will and Testament.
In the event my son, Douglas A. Wion, is unable or unwilling to
serve in this capacity, I nominate, constitute and appoint my
daughter, SUSAN J. BARTRAM, as Executrix of this my Last Will and
Testament.
ITEM IV. A.11 estate, inheritance, transfer, legacy,
succession, and otl~.er death taxes of any nature, payable by
reason of my death, which may be assessed or imposed upon or with
respect to property passing under this Will or property not
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passing under this Will, shall be paid out of my estate as an
expense of administration, and no part of said taxes shall be
apportioned or prorated to any legatee or devisee under this Will
or any person owning or receiving any property not passing under
this Will.
ITEM V. No fiduciary herein named shall be required to
enter bond or secu~°ity in any jurisdiction for the performance of
duties.
IN WITNESS WHI~REOF, I, DONALD ANDREW WION, have hereunto set
my hand and seal this ~ ~ day of ~ ~_''i i? f3 i~='-.~ 1993.
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Donald Andrew Wion
Signed, sealed, published and declared as and for the Last
Will and Testament of DONALD ANDREW WION, the Testator, in our
presence, who in hi.s presence, and in the presence of each other,
and at his request,. have hereunto set our hands as subscribing
witnesses hereto.
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
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We, DONALD Ar(DREW WION, ~"~~'~ ti.~ •~- ~~-t ~ `~ - •-' ,
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and ~ ~ , (. ~~ , ~ ~ ~- ;- ~" the Testator and the
witnesses respectively, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to
the undersigned officer that the Testator signed the instrument as
his Last Will and that she signed voluntarily and that each of the
witnesses in the presence of the Testator at his request, and in
the presence of each other, signed the Will as a witness and that to
~ the best of the knowledge of each witness, the Testator was at that
time 18 or more years of age, of sound mind and under no constraint
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or undue influence.
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Testator - Donald An rew L9ion ~
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Sworn to and subscribed before
me by DONALD ANDREW WION,
the Testator, and :subscribed and sworn to
before me by ~. , , E ~ ", ...; ~ and
~!' ~. -~~ t ~ --~ the witnesses,
on this,°~a"~ ,-; ay o E ~- ~ , L . 1993.
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~ My Commission Expi~°es:
NOTARIAL ;;EAL
ANN J. LONG. Notary Pubic
Harrisburg. Dau~h n County, ?a.
~~y Commiricn cta~res 0„t. 30, 1995
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
ROBERT A MIX
115 E HIGH ST
BELLEFONTE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
MAY 19 2011 ~~I
PA 16823
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Pennsylvania ~, ~
DEPARTMENT OF REVENUE
REV-1547 EX AFP (12-10) ~~~
DATE 05-16-2011
ESTATE OF WION DONALD A
DATE OF DEATH 12-07-2010
FILE NUMBER 21 10-1238
COUNTY CUMBERLAND
ACN 101
APPEAL DATE: 07-15-2011
(See reverse side under Objections)
Amount Remitted~-
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
1 COURTHOUSE SQUARE
CARLISLE PA 17013
CUT ALONG THIS LINE ---- --- RETAIN LOWER PORTION FOR YOUR RECORDS 4--
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REV-1547 EX AFP C12-10~ NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF: WION DONALD AFILE N0.:21 10-1238 ACN: 101
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OR
DATE: 05-16-2011
TAX RETURN WAS: ( X) ACCEPTED AS FILED ( ) CHANGED
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) (1) .00 NOTE: To ensure proper
2. Stocks and Bonds (Schedule B) (2) ,0 Q credit to your account,
3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00 submit the upper portion
4.
Mortgages/Notes Receivable (Schedule D)
(4)
00 of this form with your
. tax payment.
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 58 8,197.61
6. Jointly Owned Property (Schedule F) ((,) .00
7. Transfers (Schedule G) (7) .0 0
8. Total Assets (8) 588, 197.61
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (q) 1 .84 7.07
10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) 14,334.84
11. Total Deductions (11) 27, 181.91
12. Net Value of Tax Return (12) 561 , 015.70
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) .00
14. Net Value of Estate Subject to Tax C14) 561 , 015.70
NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15) .00 X 0 0 - .00
16. Amount of Line 14 taxable at Lineal/Class A rate (16) F:61 . O1 ~, 70 X 045 = 25, 245.71
17. Amount of Line 14 at Sibling rate (17) .00 X 12 = .00
18. Amount of Line 14 taxable at Collateral/Class B ra te C18) .00 X 15 - .00
19. Principal Tax Due C19J= 25,245.71
TAX CREDITS:
Kt~nLri DISCOUNT (+)
DATE NUMBER INTEREST/PEN PAID C-) AMOUNT PAID
03 03 2011 CD014086 1,262.29 23,983.42 ~
~~~~ TOTAL TAX PAYMENT
25,245.71
g BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
* IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.
EXHIBIT "C"
Beginning Balance
12/23/2010 deposit Money Market
12/23/2010 deposit CD
12/23/2010 deposit CD
12/24/2010 Zimmerman Aver Furn
12/24/2010 Lee, Green & Reiter
10/14/2236 deposit from Sovereign Checkinc
10/10/1928 deposit from M & T Checking
1/18/1929 1001 Sovereign Bank
2/22/1930 deposit Cumberland County
1/13/2011 1002 PPL Electric Utilities
1 /17/2011 1003 Messiah Village
1/20/2011 1005 Cumberland Law Jour
1/20/2011 1006 PPL Electric Utilities
2/1/2011 1007 AT&T
2/3/2011 1008 The Sentinel
2/7/2011 1009 Verizon
2/12/2011 1010 Messiah Village
2/12/201 1 1011 Alert Pharmacy Servic
2/29/2011 1012 PPL Electric Utilities
3/2/2011 1013 Register of Wills, Ager
3/2/2011 1014 Register of Wills
deposit
4/15/2011 deposit Pa Inc tax refund
4/18/2011 deposit Fed Inc tax refund
1015 Register of Wills
6/21/2011 deposit Messiah Village refund
$9,630.51
$401.50
$300.00
$20.00
$126.91
$12, 566.39
$75.00
$167.16
$62.00
$145.06
$16.38
$827.59
$135.29
$166.65
$23,983.42
$30.00
$150.00
$1,017.61
$67,227.50 $68,245.11
$22,805.21 $91,050.32
$17,256.04 $108,306.36
$98,375.85
$98,274.35
$53.99 $98,328.34
$26.01 $98,354.35
$98,334.35
$100.00 $98,434.35
$98,307.44
$85,741.05
$85,666.05
$85,498.89
$85,436.89
$85,291.83
$85,275.50
$84,447.91
$84,312.62
$84,145.97
$60,162.55
$60,132.55
39612.24 $98,807.79
$111.00 $98,915.79
$3,340.00 $102,255.79
$102,105.79
$27,125.00 $129,230.79
ENDING BALANCE $129,230.79
EXHIBIT "D"
Total of assets of Estate available for distribution $ 603,590.38
Douglas C. Wion 50% share $301,795.19
Susan L. Bartram 50% share
$301.795.19
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