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FAMILY SETTLEMENT AGREEMENT _r-'~' '
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IN THE ESTATE OF ELEANOR K. LAWLER DECEASE~~ ~ ~?-
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AGREEMENT executed this .30~ day of oG~ b ~ 2011, by ~d
between ROSEMARYA. HUFF, Executrix of the Estate of ELEANOR K. LAWLER, deceased,
and KATHLEEN M. BATH, THOMAS J. LAWLER and ROSEMARY A. HUFF, heirs and
beneficiaries of the Estate of ELEANOR K. LAWLER.
WHEREAS, ELEANOR K. LAWLER, late of Borough of Carlisle, Cumberland County,
Pennsylvania, died on September 5, 2010, having left a Last Will and Testament dated October
17, 2005.
WHEREAS, on September 21, 2010, the Register of Wills in and for the County of
Cumberland, Commonwealth of Pennsylvania, did constitute and appoint ROSEMARY A.
HUFF, as Executrix of the Estate of ELEANOR K. LAWLER, in Estate Number 21-10-0970
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 $148,434.68, including non-probate assets of $37,191.82,
less disbursements in the amount of $17,597.40, less distribution of non-probate assets to named
beneficiary of $37,191.82, less in-kind distributions of $3,790.00, leaving a principal balance on
hand of $89,855.46, 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".
Y
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements
recited herein, the above-named heirs and beneficiaries of the Estate of ELEANOR K.
LAWLER 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 ROSEMARY A. HUFF,
Executrix for the Estate of ELEANOR K. LAWLER, 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 ELEANOR K. LAWLER, and ROSEMARYA. HUFF, 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 after 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:
_.
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Date O R .HUFF
Executrix
Date R MARY .HUFF
Individually s heir and beneficiary
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Date
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KA~ILEENM. RATH
Individually as heir and beneficiary
THOMA,~: LA WLER
Individually as heir and beneficiary
FIRST AND FINAL ACCOUNT OF
ROSEMARY A. HUFF EXECUTRIX OF THE
ESTATE OF ELEANOR K. LAWLER Deceased
Date of Death: September 5, 2010
Date of Executrix' Appointment
September 21, 2010
Accounting for the Period of September 21, 2010
to September 30, 2011
Purpose of Account: ROSEMARY A. HUFF, Executrix of the Estate of
ELEANOR K. LAWLER, 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 & ASSOCIATES
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
SUMMARY OF ACCOUNT
Principal -Total Assets $148,434.68
(including non-probate assets)
In-Kind Distribution (cemetery plots) (-) 3,790.00
Less Disbursements of Principal (-) 17,597.40
Non-probate assets previously distributed (-) 37.191.82
TOTAL Cash Available for Distribution
$89,855.46
Exhibit "A"
RECEIPTS OF PRINCIPAL
REAL ESTATE
NONE
STOCKS and BONDS
1. General Electric Company Stocks
(200.6113 shares)
2. United States Savings Bonds
SUBTOTAL
CASH and BANK ACCOUNTS
(see joint assets/non-probate assets below)
PERSONAL PROPERTY
1. Cumberland Valley Memorial Gardens $ 3,790.00
(cemetery plots)
SUBTOTAL
ADDITIONAL RECEIPTS
1. Genworth Life Ins. Co. $ 4,060.00
(Refund Long-Term Care Ins. Proceeds)
2. CVS Casemark Insurance Refund $ 571.85
SUBTOTAL
TOTAL PRINCIPAL of probate Estate before adjustments
$53,657.44
$ 3,790.00
$ 4,631.85
NON-PROBATE ASSETS ATTRIBUTABLE TO ESTATE
1. Susquehanna Bank checking $ 14.10
(Account No. 151130792)
*half interest with joint owner
2. Susquehanna Bank checking $12,183.35
(Certificate of Deposit No. 05100004044)
*half interest with joint owner
$ 3,097.44
$50.560.00
$62,079.29
3. M&T Bank checking
(Account No. 23507810)
*half interest with joint owner
4. M&T Bank checking
(Account No. 15004210920523)*
*half interest with joint owner
SUBTOTAL
$37,191.82
GAINS AND LOSSES ON SALES AND OTHER DISTRIBUTIONS
GAINS:
1. GE Dividends $ 86.89
2. GE Pensioner claim $ 36.00
3. GE Growth (date of death liquidation) $ 143.31
4. M&T Bank Checking Account $ .l 1
* Post-death interest
SUBTOTAL $ 266.31
NON-PROBATE CONTRIBUTIONS TO ESTATE
1. Contribution from joint account holder $48.897.26
SUBTOTAL $48,897.26
LOSSES:
NONE
Total principal of Estate with all adjustments
DISBURSEMENTS OF PRINCIPAL
Orrstown Bank Account No. 103008800
DEBTS OF DECEDENT
$ 7,45.45
$17,538.92
$148,434.68
1. Sarah Todd Memorial Home $ 2,088.54
(residence fees)
2. Sarah Todd Memorial Home $ 146.97
(insurance costs)
3. Sarah Todd Memorial Home $ 20.60
(medical fees)
4. Mobile X-Ray Imaging (medical) $ 7.87
5. George Branscum, M.D. (medical) $ 8.35
6. Millenium Pharmacy Systems, Inc. (Rx) $ 865.55
7. Kinetic Imaging (medical) $ 11.76
8. Sarah Todd Memorial Home (medical) $ 78.15
9. Ancillary Management Solutions $ 141.26
(medical)
10. Checks processed post-death from $ 1,305.15
decedent's M&T checking account
SUBTOTAL $ 4,674.20
FUNERAL EXPENSES
1. Neil Funeral Home $ 5,128.01
2. Holy Sepulchre Cemetery $ 30.00
3. Gingrich Memorial $ 165.00
SUBTOTAL $ 5,323.01
ADMINISTRATION EXPENSES
1. Attorney's fees to Griffie & Associates $ 3,000.00
2. Accountant Fees (personal tax return) $ 105.00
3. Probate Fees $ 305.50
4. Advertising -The Sentinel $ 187.4
5. Advertising -Cumberland Law Journal $ 75.00
6. Orrstown Bank -banking fees $ 10.50
SUBTOTAL $ 3,683.54
TAXES
1. Pennsylvania Inheritance Tax $ 3,916.65
SUBTOTAL $ 3,916.65
TOTAL DISBURSEMENTS OF PRINCIPAL $ 17,597.40
NON-PROBATE ASSETS PREVIOUSLY DISTRIBUTED
1. Susquehanna Bank checking $ 14.10
(Account No. 151130792)
*half interest with joint owner
2. Susquehanna Bank checking $12,183.35
(Certificate of Deposit No. 05100004044)
*half interest with joint owner
3. M&T Bank checking $ 7,455.45
(Account No. 23507810}
*half interest with joint owner
4. M&T Bank checking $17,538.92
(Account No. 15004210920523)
SUBTOTAL $37,191.82
INTERIM DISBURSEMENTS TO BENEFICIARIES
IN-KIND DISTRIBUTION
1. Cumberland Valley Memorial Gardens $ 3,790.00
(cemetery plots)
SUBTOTAL $ 3.790.00
TOTAL DISBURSEMENT AND DISTRIBUTION
CALCULATION OF FUNDS AVAILABLE
Total Principal of Estate with Adjustments
Total Disbursements and Distribution
Net available estate assets
$ X8,579.22
$148,434.68
(-) 58 579 ~~
$ 89,855.46
PROPOSED SCHEDULE OF DISTRIBUTION
Net Cash on Hand Distributed as Follows:
Rosemary A. Huf£ ........................
Kathleen M. Rath ..........................
....................................$29,951.82
....................................$29,951.82
Thomas J. Lawler ..................................................................$29,951.82
TOTAL CASH DISBURSEMENT:
EXHIBIT `B"
$89,855.46