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HomeMy WebLinkAbout09-15-11~, ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUN~Y .: Estate of Elizabeth R. Shelly, ~~' .~ Deceased No. 2011-00302 ~' ~) r -> rn - ~, ~~; _, -, ~ , _ - ._.~ FAMILY SETTLEMENT AND FINAL RELEASE `a; ~ ~, ~,,, FOR THE -- -~ ESTATE OF ELIZABETH R. SHELLY DECEASED jT '- KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Elizabeth R. Shelly, late of Camp Hill, Cumberland County, Pennsylvania, deceased, died testate on February 20, 2011, Letters of Administration were :filed in the Cumberland County, Register of Wills Office at File Number 2011-00302; WHEREAS, the said Susan H. Confair was appointed Personal Representative of the Estate; WHEREAS, the Personal Representative has gathered the assets of the estate of the decedent and the assets consist of personal property, with a total value of $7,523.32 as set forth in Exhibit "A", which is a statement of account of said Executrix, and which is attached hereto and made a part hereof, and marked as Exhibit. "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate, amount to $5,638.22, as set forth on Exhibit `B" attached hereto; leaving a balance for distribution of $1,885.10 to the beneficiaries, in the proportion of their interests and without further accounting, the balance then remaining of $1,885.10 available for distribution, as set forth in the statement of the said Personal Representative, which is attached hereto and labeled "Recapitulation". Such distribution will also include any funds received by the Personal Representative 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 Personal Representative or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; WHEREAS, in accordance with her Last Will and Testament, the balance of the estate shall pass to her two children in equal shares; 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 -~,~ r, ~.^, ~~ _: .~ ~~ ~ --r, ~~ attached hereto as Exhibit "C" 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 Personal Representative the parties further agree to indemnify the Personal Representative and save her harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which she may incur, whether due to her negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, we, Edward Q. Shelly and Bruce E. Shelly, being the two children and equal beneficiaries of the said decedent, and being those persons entitled to inherit under the decedent's Last Will and Testament duly probated, do hereby each of us, acknowledge that we have this day received from the aforesaid Personal Representative, 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 decedent's 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 "C"; 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 Personal Representative, her heirs, Personal Representative'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 Personal Representative, 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 Personal Representative 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 IN WITNESS WHEREOF we have hereunto set our hands and seals this day of September, 2011. WITNESS: ~_~c~~c f ~ ~° ; zC ~<, -- ~. _.% fl r" .. (, ~~ ~K ~ (SEAL) Edward Q. Shelly .- ~;~~ (SEAL) Bruc .Shelly RECAPITULATION Decedent's Assets Decedent's Liabilities/Probate Expenses AMOUNT AVAILABLE FOR DISTRIBUTION $ 7,523.32 $ 5.638.22. $ 1,885.10 Exhibit "A" ASSETS PNC Bank, NA checking account $5,243.20 Manor Care- nursing home refund 1,707.12 IRS & Dept. of Revenue tax refund 573.00 TOTAL ASSETS $7,523.32 Exhibit "B" LIABILITIES/EXPENSES Parthemore Funeral Home & Cremation Trinity United Methodist Church- catering Couples for Christ Mark L. Wetzel, CPA- 2010 tax return preparation Dept. of Public Welfare- lien payoff Heartland Pharmacy Susquehanna Internal Medicine PhilHaven OnHealthcare TOTAL LIABILITIES/EXPENSES TOTAL PROBATE EXPENSES SUBTOTAL $ 491.52 250.00 50.00 205.00 1,696.55 302.36 109.76 56.88 95.00 $3,257.07 $2,381.15 $5,638.22 Exhibit "B" (continued) PROBATE EXPENSES Cumberland County Register of Wills Fee to Probate Will Register of Wills Register of Wills, Agent PA Inheritance tax Additional Inheritance tax due Inheritance tax filing fee Legal Advertising-Journal publications Reager & Adler, PC Attorney's Fees/Cost TOTAL PROBATE EXPENSES $ 90.50 $ 8.00 $ 91.69 $ 10.96 $ 30.00 ~ 150.00 $ 2,0_ pp pp $ 2,381.15 Exhibit "C" SCHEDULE OF DISTRIBUTION Edward Q. Shelly - $942.55 Bruce E. Shelly - $942.55