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HomeMy WebLinkAbout01-03-12FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE REGARDING THE ESTATE OF DORIS H. SHEERER, a/Wa DORIS H. Sd~EARER _._~ -_- . _ . _, DECEASED '~' ~, Cumberland County, No. 2011-0698 _. _~ , _: ; ;,- _ KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Doris H. Sheee# ~/k/a: - - Doris H. Shearer (hereinafter referred to as "Decedent"), late of Carlisle, Cumberlan~ounty~~ - Pennsylvania, deceased, died testate on December 29, 2010, having first made her~st will anc~ ~- - " testament, which was duly executed on October 12, 2000, and is duly recorded and filed to number 2011-0698 in the Office of the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, the said Decedent, by her aforesaid last will and testament named Steven J. Sheerer and Cindy L. Jones as Co-Executors of her last will and testament; and WHEREAS, on June 1, 2011 Steven J. Sheerer renounced his right to participate in the administration of the Decedent's estate; and WHEREAS, letters testamentary on the estate of the Decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania to Cindy L. Jones (hereinafter referred to as the "Executrix" or "personal representative"); and WHEREAS, the personal representative has gathered the assets of the estate which consist of personal property, the residue of which and all interest earned thereon has a total value of $7,477.52, as set forth more fully in Exhibit "A", which is a statement of account of the personal representative, and which is attached hereto and made a part hereof; and WHEREAS, the residue of the Decedent's estate consists entirely of U.S. Savings Bonds (Series EE) which the Decedent by her last will and testament directed to be divided equally amongst Zachary N. Sheerer, Christopher D. Jones, Heather M. Sheerer Leach and Amy S. Himelright; and WHEREAS, the Decedent by her last will and testament directed certain other specific bequests of personal property, which were given to the intended beneficiaries during the Decedent's life, and as such are not part of this distribution; and WHEREAS, the beneficiaries who received these inter vivos gifts from the Decedent have acknowledged receipt of same; and WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate amount to $3,961.35; and WHEREAS, the Decedent also owned an interest in certain jointly owned bank accounts with Steven J. Sheerer and Cindy L. Jones; and Page 1 of 14 WHEREAS, Steven J. Sheerer and Cindy L. Jones have agreed to pay the debts, deductions, Pennsylvania inheritance taxes and administrative expenses of the Decedent's estate out of the jointly owned accounts such that no part of the debts, deductions, Pennsylvania inheritance taxes and administrative expenses shall be paid from the proceeds of the U.S. Savings Bonds; and WHEREAS, the US Savings Bonds have been reduced to cash and will be distributed outright to Zachary N. Sheerer, Christopher D. Jones, Heather M. Sheerer Leach and Amy S. Himelright together with any and all interest earned thereon; NOW, THEREFORE, we Steven J. Sheerer, Cindy L. Jones, Zachary N. Sheerer, Christopher D. Jones, Heather M. Sheerer Leach and Amy S. Himelright, being the heirs under the last will and testament of the said Decedent, and being those persons entitled to inherit under said last will and testament, do hereby, each of us, acknowledge that we agree to receive 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 the said last will and testament, the amounts due us under said last will and testament, which amounts we agree we shall receive, 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 "A"; AND, each of us does hereby stipulate and agree that the property listed and set forth in Exhibit "A" are the assets of the Decedent's estate, of which we are entitled to our respective shares; 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 of Cumberland County, Pennsylvania; THEREFORE, we and each of us do hereby remise, release, quitclaim and forever discharge the said personal representative, Cindy L. Jones, her heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, 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 proportionally according to 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. Page 2 of 14 IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year written below: WITNESS: ~;. `yam ~~~` ~-,. ~:% DATE ~ STEV J. SHEERER Paae ~ ~~f I4 WITNESS:..~/~, /rL ra-aa- r~ DATE ~Y~ta~ CINDY L ONE Page 4 of 14 WITNESS: DA E Page 6 of 14 WITNESS: ~%~(/C~ ` 5 /~ DATE HEATHER M. SHEE R LEACH Page 7 of 14 w WITNESS: ca-a-~~ DATE /'L-~'~ 11 /"1 j := AMY S. IMEL HT Fage 8 of 14 COMMONWEALTH OF PENNSYI,VNIA SS COUNTY OF ~'n ~~~1 t r On this, the / st day of ~e Ccm b~ r , 2011, before me the undersigned officer personally appeared, STEVEN J. SHEERER, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Family Settlement Agreement and Final Release, and acknowledged that she executed the same for the purposes therein contained. _ ..a STEVEN .SHEERER IN WITNESS WHEREOF, I hereunder set my hand and seal this sf day of I~~C.er~nber , 2011. ~~r >l~-~ Notary Public COMMONWEALTH OF PENNSYLVAI'QA Notarial5eaf Public Anne Mae Fultz, Notary bleat PsrrY Tnvp., Snyder County M Ci0f11tT13ftipn Expln3s MaY 31, 2012 ember, Pennayl`rar'~ ASSOdaUon of Notaries Page 9 of 74 COMMONWEALTH OF PENNSYLVANIA SS COtTNTY OF ~uw~t ~u~~ On this, the ~-~ day of~( 'rp.,~pe~ , 2011, before me the undersigned officer personally appeared, CINDY L. JONES, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Family Settlement Agreement and Final Release, and acknowledged that he executed the same for the purposes therein contained. CINDY L. NES IN WITNESS WHEREOF, I hereunder set my hand and seal this ~ day of 2011. N• of Public w :, , ~ r i.4 E ~.. ~ .:~ ~;: ppyy ~.4 ~/ i~ai ~ ~d„ £"tlf i l.j ~eI 4 { 3p y k~ ~!y ~vm~x~o~,~ v, , ~~, Page 10 of 14 COMMONWEALTH OF PENNSYLVNIA SS COUNTY OF ~4'O~c- On this, the ~ day of ~~~~,m ~CX , 2011, before me the undersigned officer personally appeared, ZACHARY N. SHEERER, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Family Settlement Agreement and Final Release, and acknowledged that she executed the same for the purposes therein contained. ~~ ~n~=~~ ZACHAR .S R IN WITNESS WHEREOF, I hereunder set my hand and seal this ~ day of ~c bur , 2011. CO1~ri9~7NW~A~-~H ~.-- p~NN5YLVANIA ~~~~ Notarial Nal public Kelly L. Nayerman, otary ~~Y''~ ~sianover eoro, York County Notary P blic My Cammi:,s'rc~n Ex?fires Dec. 22, 2014 Page 11 of 14 COMMONWEALTH/O/'F P/ENNSYI,V1vIA COUNTY OF On this, the -- ~L~- day of ~/~t'~~E'~~1 , 2011, before me the undersigned officer personally appeared, CHRISTOPHER D. JONES, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Family Settlement Agreement and Final Release, and acknowledged that she executed the same far the purposes therein contained. _~_ ~O E .JONES IN WITNESS WHEREOF, I hereunder set my hand and seal this ~~ day of _~~~~~~~/,~ , 2011. otary P tic C~+Mo~vwr ~+ ~ Y viw~ Rish~rd A. ~ry ~k City of 5aants~n, Lackawanna County hh' ~~on `lxWros Tan. 16, 2015 hIEMBER, PrNNMVANIA A590C7A7ION OF NOTARIES Page 1~ of 14 COMMONWEALTH OF PENNSYLVNIA SS COUNTY OF ~V ~ ~~""~ ~ ~~ On this, the day of I 6C~-r~~iQZ- , 2011, before me the undersigned officer personally appeared, HEATHER M. SHEERER LEACH, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Family Settlement Agreement and Final Release, and acknowledged that she executed the same for the purposes therein contained. 7 HEATHER M. SHEERER L ACH IN WITNESS WHEREOF, I hereunder set my hand and seal this ~ day of ~m g ~ , 2011. Notary Public ~o~o~wE.,~u..n~ oR ~~NSrw NOTARIAL SEAL CHARLES A. HAR80LD, N Aubli~l~L •' 1v ~ 1~1 Page 13 of 14 COMMONWEALTH OF PEl`TNSYLVN)A COUNTY OF ~~ ~ t~~ r SS On this, the ~~ day of , 2011, before me the undersigned officer personally appeared, AMY S. HIMELRIGHT, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Family Settlement Agreement and Final Release, and acknowiedged tliat slie executed tl~e same for ti:e pnrfoscs therein contained. -. AMY S: IMEL GHT IN WITNESS WHEREOF, I hereunder set my hand and seal this 2- day of ~Q ~ , 2011. COMMONWEALTH OF PENNSYLVANIA ~~iv NOTARIAL SEAL LLOYD P. SCHROEDER, NOTARY PUBLIC SUSQUEHANNA TWP., DAUPHIN COUNTY MY COMMISSION MAY 02, 2013 Notary Public Page 14 of 14 EXHIBIT "A" PROBATE ASSETS SUBJECT TO DISTRIBUTION 1. US Savings Bonds (Series EE) (31 $100.00 bonds) $7,293.32 2. Interest Earned on Bonds Pending Distribution $184.20 $7,477.52 EXPENSES OF ADMINISTRATION (PAID FROM JOINTLY OWNED ASSETS PER AGREEMENT OF STEVEN J. SHEERER AND CINDY L JONES) 1. Guss Funeral Home $371.01 2. Funeral Meal -Donald Frey $111.70 3. Tombstone Engraving -Brent Robinson $95.00 4. Attorney's Fees -Allied Attorneys of Central Pennsylvania, L.L.C. $1,500.00 5. Probate Fees $116.50 6. Income Tax Return Preparation - H&R Block $22.00 7. Pennsylvania Inheritance Tax $734.99 8. Pennsylvania Inheritance Tax Return Filing Fee $15.00 9. Family Settlement Agreement Filing Fee $20.00 10. Messiah Village Home Care, LLC $104.00 11. Advertise Grant of Letters & Opening of Estate (The Patriot News) $222.15 12. Advertise Grant of Letters & Opening of Estate (Cumberland Law Journal) $75.00 13. Mohammad Ismail, M.D. $11.00 14. Inventory Filing Fee $15.00 15. Internal Revenue Service (2010 Income Taxes) $473.00 16. PA Department of Revenue (2010 Income Taxes) $75.00 $3,961.35 JOINTLY OWNED NON-PROBATE ASSETS (OWNED BY DECEDENT WITH STEVEN J. SHEERER AND CINDY L JONES) 1. Members 1St FCU Savings Account #347959-00 2. Members 1St FCU Checking Account #347959-11 3. Members 1St FCU CD #347959-40 $16,322.67 $0.00 $20,160.58 $36,483.25 Exhibit "A" Page 1 of 2 DISTRIBUTION OF PROBATE ASSETS AND INTEREST EARNED $7,477.52 Total Assets for Distribution - 4 Total Number of Beneficiaries $1,869.38 Total Share to Each Beneficiary Amount to Zachary N. Sheerer $1,869.38 Amount to Christopher D. Jones $1,869.38 Amount to Heather M. Sheerer Leach $1,869.38 Amount to Amy S. Himelright $1,869.38 Exhibit "A" Page 2 of 2