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Home My WebLink About11-10-11URYHANS' CUURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Estate of Carl N. Gates, Jr. Deceased No. 21-11-0247 FAMILY SETTLEMENT AND FINAL RELEASE FOR ~ : ~ _ ESTATE OF CARL N. GATES, JR., DECEASED __-~ ~ . _: ~--' _ ~"~(` i ~ % ~~7 __ _ ._i 1 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Car_t~AT:"iGates, r' ^, `~, ` '~r ~' ~i Jr., late of Upper Allen Township, Cumberland County, Pennsylvania, deceased, died ~~ testate on February 13, 2011, having first made his Last Will and Testament, which was duly executed on October 18, 2005, and is duly recorded in the Cumberland County, Register of Wills Office at File Number 21-11-0247; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on February 23, 2011 naming Arlene Murray as Executrix; WHEREAS, the Executrix has gathered the assets of the estate of the decedent and the assets consist of personal property and monies, with a total value of $62,003.74 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 $19,087.03, as set forth on Exhibit "B" attached hereto; leaving a balance for distribution of $42,916.70 from which the Executrix will/has: (i) withhold $500.00 for payment of final attorney's fees, (ii) withhold $100.00 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) Arlene Murray to received $333.33 for her 1/3 share of car value that Richard Murray retained, and (iv) distribute to the beneficiaries, in the proportion of their interests and without further accounting, the balance then remaining of $41,983.38 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, Arlene Murray is to receive one-third (1/3) of the estate and Richard Murray is to receive two-thirds (2/3) of the estate as beneficiaries 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 "C" and made a part hereof, including distribution of all legacies 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 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, that we, Arlene Murray and Richard Murray, being all living 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 "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 Executrix, her heirs and assigns, of and from 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 IN WITNESS WHEREOF we have hereunto set our hands and seals this 4th day of November, 2011. i ~i,/..u ~h~~~_ (SEAL) Arlene Murray (SEAL) Richard Mu y COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the 4th day of November, 2011, before me, a Notary Public, the undersigned officer, personally appeared Arlene Murray, 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. Notar is i~o~:;~a Feu! Jennifer Grsrss; M1lolary P«blic Camp Hill Bore, Uumberlattd ~:,aenRy My CoEnmissir~~ i~x~ir~:y ~e~~Y..! 9, 2D12 Member, w~ennsylvartiia Rssociati~on or ilc~ar~es COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBELRAND On this, the 4th day of November, 2011, before me, a Notary Public, the undersigned officer, personally appeared Richard Murray, 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. N ary Pub ' - CO~AM'ON1,~fCALTlti ~~ F-r~NPJ;aYLVt?RiiA Notarial Sea! Jennifer Gross. No~anr i~ublic Camp t-iil! Boro, ~un~beris~~7cJ C ~uniy My Commission ~_x~1 c=~N Sep4. g 1, 2012_ Member, F'enn~+livariu A"..:,uuiwi~n or Notaries RECAPITULA'1'lUN Decedent's Assets Decedent's Liabilities/Probate Expenses $ 62,663.72 - $ 24,766.00 $ 37,897.72 Reserve held in Estate Account for payment of remaining attorney's fees Reserve held in Estate Account for payment of fiduciary taxes LESS 1/3 OF CAR VALUE TO ARLENE MURRAY FOR CAR VALUE $ 500.00 $ 100.00 - $ 333.33 AMOUNT FOR DISTRIBUTION $ 36,964.39 Exhibit "A" ASSETS M & T Checking Account $ 18,195.63 M & T Savings Account $ 43,002.92 1995 Buick Riviera $ 1,000.00 Cumberland County Vet. Death Benefit $ 100.00 Medicare Part D. Coverage Gap Rebate/Refund $ 250.00 Capital Blue Cross Refund $ 153.90 2011 Tax Refund $ 960.00 Deposit $ 1.27 TOTAL ASSETS $ 62,663.72 * This is not part of the cash total but this amount will be taken out of Richard Murray's share. Exhibit "B" LIABILITIES/EXPENSES Hollinger Funeral Home & Crematory, Inc. $ 3,955.46 Memorial Service $ 533.00 Dinner/Reception -Memorial Service $ 275.35 Robert W. Morris -Accountant $ 175.00 Messiah Village -Nursing Home $12,016.54 Alert Pharmacy Services, Inc. -Pharmacy $ 307.99 Reager & Adler, PC - $ 1,632.50 Inheritance Tax $ 5,664.16 Probate Cost $ 206.00 TOTAL LIABILITIES/EXPENSES $24,766.00