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Home My WebLink About12-28-11 (2)--- T ~. F.'~FILES\Clients\I2894 Sweeney\I2894.LEstateU 2894. Lfamilysettlement.agr ~ - ~- -- _ J ..~~ .. i y-~ '•...i '_..~ ~ __I.l ESTATE OF BETTY A. SWEENEY t CUMBERLAND COUNTY FILE NO. 21-09-0843 FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE THIS AGREEMENT made this/y`~day of ~%<~t ~.~ ~~-. , 2011, between, LaDonna Lee Miller ("LaDonna"), Harry L. Sweeney, Jr. ("Harry"), Donnie Ann Leaphart ("Donnie") and Margie Jo Fish ("Margie") and LaDonna Lee Miller in her capacity as Executory of the Estate of Betty A. Sweeney ("Executrix") WHEREAS, Betty A. Sweeney, late of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, deceased, died testate on August 29, 2009, having first made a Last Will and Testament, which was duly executed on February 22, 2005 and is filed in the Office of Register of Wills of Cumberland County ,Pennsylvania, at File No. 21-09-0843; and WHEREAS, Betty A. Sweeney, by Last Will and Testament, named LaDonna Lee Miller as Executrix; and WHEREAS, Letters Testamentary were issued by the Register of Wills of Cumberland County, Pennsylvania, to LaDonna Lee Miller, hereinafter called ("Personal Representative"); and WHEREAS, the Personal Representative has gathered the assets and income of the estate which consist of property having a total value of $110,956.07, as set forth in the Statement of Account ("Account") attached as Exhibit "A"; and WHEREAS, for purposes of this Agreement, the parties agree that the appraised value of the real estate located at 562 Mountain Road, Boiling Springs, Pennsylvania is $99,000.00 and the parties agree that said amount is a fair value for purposes of final distribution of the Estate; and WHEREAS, the parties agree that the Executrix has paid to date the bills on the Account, which total $8,115.17; and WHEREAS, the parties agree that bills remaining to be paid by the Executrix, include those bills set forth on the Account which total $24,523.27; and WHEREAS, upon the payment of all the bills set forth in the Account, the Estate would have available for distribution $78,317.63, which works out to a distribution to each beneficiary (Harry, Donnie and Margie) the sum of $19,579.41 and LaDonna ($19,579.40); and WHEREAS, the parties agree that the Executrix may proceed with resolving the administration of the Estate as follows: The real estate located at 562 Mountain Road, Boiling Springs, Pennsylvania, shall be sold to LaDonna at a consideration of $99,000.00. 2. LaDonna may use as a credit towards her purchase of the mentioned real estate her proportionate share of distribution as a beneficiary of the Estate in the amount of $19,579.40. 3. Harry may also use his proportionate distribution as a beneficiary of the Estate in the amount of $19,579.41 to be a credit towards the purchase of the real estate and to be handled pursuant to a separate agreement between LaDonna and Harry with respect to what interest Harry will have in the real estate upon conclusion of the sale of the real estate. 4. LaDonna will proceed with obtaining financing in the approximate amount of $60,000.00 in order to facilitate the purchase of the real estate, subject to the credits outlined above. WHEREAS, the parties contemplate that upon conclusion of the sale of the real estate as outlined above and that at the time of settlement on said real estate Jonnie and Margie will receive their proportionate share of the Estate in the amount of $19,579.41 each; and WHEREAS, upon completion of the above matters, the parties acknowledge that the administration of the Estate is concluded. NOW, THEREFORE, the parties agree as follows: All parties agree to proceed with the final administration of the Estate of Betty A. Sweeney as set forth above. 2. All parties agree that no formal accounting is necessary and the parties hereby consent to the distribution being made as set forth above without the filing of an Accounting or Schedule of Distribution, agree that this document be in the same force and effect as if it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 3. Each party does hereby remise, release, quitclaim and forever discharge the said Personal Representative, her heirs, executors, administrators, attorneys 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 I 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, I do hereby covenant and agree with the other heirs and with the aforesaid Personal Representative that I will contribute pro rata my 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. 4. Upon the signing of this Agreement by all parties LaDonna agrees to diligently proceed with an application to obtain financing and, hopefully, achieve a settlement on the real estate and a distribution as set forth above on or before January 1, 2012. 5. The parties agree the in the event LaDonna is unable to obtain financing in order to complete the transaction on or before January 1, 2012, this Agreement is null and void 6. Upon completion of the sale of the real estate and distribution of proceeds as set forth above, all parties agree that this Agreement may be filed of record with the Cumberland County Register of Wills and that the filing of this Agreement shall constitute a final release of all parties and a conclusion of the Estate of Betty A. Sweeney IN WITNESS WHEREOF, We have hereunto set my hand and seal this / ~i'~ ` day of Witness: ,/ ~< __) r ,: ,~ "~ %~-- ~~ ~~ ' ~' i ,/ , . /,- ~^, v' Betty A. Sweeney Estate B LaDonna Lee Miller, Executrix LaDonna Lee Miller ~la~~~~`~~~~~o~ ~.P arr~~L`Sweeney, Jr. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ) <-~. On this, the % ~/~~ day of ~ -~i ~, ~ ,- ~ ti % r ~ ,before me, a Notary Public, the undersigned officer, personally appeared LaDonna Lee Miller, both individually and in her capacity as Executrix of the Estate of Betty A. Sweeney, 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 purposes therein contained. In witness whereof, I hereunto set my hand and offs 'al seal. / / ,~, Notary Public col~n~rac~~:: ~~ of r~zvsnvE~~ NOTARIAL s~L "'-'-'i COMMONWEALTH OF PENNSYLVANIA ) Victoria L.Otzo,NotaryPublic SS. Carlisle Boro, Curriberland County COUNTY OF CUMBERLAND ) M commission ex Tres December 20, 2014 -~ 6~ •~ On this, the -~-~ day of ~~~~'~~-,~-<,~ ~- ,>~l~ ~l ,before me, a Notary Public, the undersigned officer, personally appeared Harry L. Sweeney, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offic' seal. Notary Public COMIv10NWl'~-,:,TAI OF FENA(SXLVt~PvTIA COMMONWEALTH OF PENNSYLVANIA ) NoTAxIAL sFAr. ~~ Victoria L. Otto, Notary Public SS. Carlisle Boro, Cumberland County COUNTY OF CUMBERLAND ) M commission expires December 20, 2014 On this, the ~~~? day of ~ ~.~~.~.-~~ ~ ~~~ + ,before me, a Notary Public, the undersigned officer, personally appeared Jonnie Ann Leaphart, 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 purposes therein contained. In witness whereof, I hereunto set my hand and, fic'al seal. ~ ~, Notary Public COMMONW~ALLTg~ OF °ENiVSYLVAiaiTq NOTARigI_, S~:ql. VictoriaL Otto, ~n°4c,, -"~cEic Carlisle Boro, C~=-r, ~~,-' .; _ - ;;ounty My commission expirE~: ,; ~~.,,,,,~er 20, 2014 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND 1 r"~~ y C' On this, the /r day of ~«~ ~ ~ ~ ~ ; i ,before me, a Notary Public, the undersigned officer, personally appeared Margie Jo Fish, 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 purposes therein contained. In witness whereof, I hereunto set my hand and offic' 1 seal. ,'~ ^ / Notary Public eorvnvtorlw~L ~ of P>~aNSYI.v.~IP• rao~r~x1A1-. sF~. Victoria L. Otto, Notary Public Carlisle Boro, Cumberland County M commission expires December 20, 2014 F:\FILES\Clients\L894 Sweeney\I?894.1.Estate\12894. Laccouncinf»tmal ESTATE OF BETTY A. SWEENEY, Deceased Cumberland County, PA, File No. 21-09-0843 STATEMENT OF ACCOUNT OF LADONNA LEE MILLER, EXECUTRIX SUMMARY PRINCIPAL Receipts 110,956.07 Less Disbursements 32,638.44 Principal Balance Remaining 78,317.63 BALANCE FOR DISTRIBUTION $ 78,317.63 PRINCIPAL RECEIPTS Real Estate located at 562 Mountain Road, So. Middleton Twp. (appraised 99,000.00 value) F&M Trust, savings 11,076.69 F&M Trust, checking 273.00 Sale of vehicle 300.00 Pension benefit received after date of death 243.00 Comcast, refund 38.74 Vehicle insurance, refund 24.64 TOTAL PRINCIPAL RECEIPTS 110,956.07 PRINCIPAL DISBURSEMENTS Comcast 58.07 State Farm, mobile home insurance 382.00 Met Ed 545.64 Embarq 46.40 Century Link 1.56 Estate checks 21.00 Shipley, oil service 696.60 State Farm, homeowner's insurance 885.00 Robert C. Cairns, 2010 County/Twp real estate taxes 230.55 Robert C. Cairns, 2010 School Taxes 773.18 Register of Wills, Agent, PA Inheritance Tax 3,448.10 Robert C. Cairns, 2011 County/Twp real estate taxes 232.06 Robert C. Cairns, 2011 School taxes 795.01 Total Disbursements Paid to Date 8,115.17 Reserved Carlisle Redevelopment Authority, balance due on Deferred Loan dated 15,120.00 2/11/2002 LaDonna Miller, Executrix commission 1,000.00 Manson Law Offices, account payable estate planning 118.00 Manson Law Offices, estimated attorneys' fees 6,500.00 Manson Law Offices, costs advanced 645.27 Manson Law Offices, reserve for filing fees and miscellaneous costs 150.00 Realty transfer tax 990.00 Total Reserve Disbursements 24,523.27 TOTAL PRINCIPAL DISBURSEMENTS 32,638.44 STATEMENT OF PROPOSED DISTRIBUTION TO: Harry L. Sweeney, per Item Two of Will Cash: (to be waived per Agreement with Executrix) 19,579.41 TO: LaDonna Lee Miller, per Item Two of Will Cash: 19,579.40 TO: Donnie Ann Leaphart, per Item Two of Will Cash: 19,579.41 TO: Margie Jo Fish, per Item Two of Will Cash: 19,579.41 TOTAL DISTRIBUTION 78,317.63