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HomeMy WebLinkAbout08-01-06 (2)_,~ ~, :~ -n - <-,,, ~ , r-s~ - : ---~ --~ , ; FAMILY SETTLEMENT AND FINAL RELEASE - `~~ IN THE -- _~ ;--} ESTATE OF ELIZABETH C. STOTT --~ ._' '~ -~ , 21-05- 5~ ~ -~ : ~=; .. -~ _; KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Elizabeth C. Stott, late of Mechanicsburg Borough, Cumberland County, Pennsylvania, deceased, died on June 4, 2005, having first made her Last Will and Testament, which was duly executed on June 28, 1996, and is duly recorded in Cumberland County, Pennsylvania, Estate No. 21-OS-00586. WHEREAS, the said Elizabeth C. Stott, by the aforesaid Last Will and Testament, named Douglas W. Stott, Jr. as personal representative of said Last Will and Testament; WHEREAS, the said personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal property to a total value of $19,894.30, as set forth in Exhibit "A", which is a statement of account of the said personal representative, and which is attached hereto and made a part hereof, and marked Exhibit "A"; and WHEREAS, the debts and deductions, including the payment of inheritance tax in the said estate, amount to $9,923.84, leaving a balance for distribution of $9,970.46, also as set forth in the statement of the said personal representative, which is attached hereto and made a part hereof, and marked Exhibits "B" and "C"; and NOW THEREFORE, KNOW YE, that I, Douglas W. Stott, Jr., Personal Representative of the Estate of Elizabeth C. Stott, and Douglas W. Stott, Jr., Linda E. Grove, and Carol E. Gulick, individually, being all of the heirs of the said decedent, and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and 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 us by the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and 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 it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County. THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said personal representative, his heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute our share of the estate to satisfy any and all claims, demands, suits, or causes of action which maybe 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. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and its predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Personal Representative and the Estate of the Decedent. Each Beneficiary further agrees and covenants that, neither he, nor any other person, organization or other entity on her behalf will file, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Personal Representative and the Estate of the Decedent. [This space is left intentionally blanl~J 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this /~ d y of February, 2006. WITNESS ~ ~-- ~'~Z-_ Doug s W. Stott, Jr., Exec r Estate of Elizabeth C. Stott Douglas .Stott COMMONWEALTH OF PENNSYLVANIA COUNTY OF B~P~A1 C•~ n~(~-}~C.RN~ SS. On this 15 day of February, 2006, before me, the undersigned officer, personally appeared DOUGLAS W. STOTT, JR., known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. ~ i nd ~ ~ ~ d.+,~ ~ r.,,r.d~- ~ ~ >c~c ~ r ~ -~-ti.;~. ~s ~r~c.. ~ E? ~` ~a.6e.~#~e. C . S ~.+ {-~- IN WITNESS WHEREOF, I hereunto set my hand d official seal. Notary Pub is COMMON T F Pf-,_~cvi YANIt, Notarial Seal Helen E. Rasmussen, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 2. 2007 Member, Pennsylvania Association of Notaries 3 u_, '', 2;~,,~ ~~,~'~'M C~~AIG A D:~H~_ E'~C~, IN `VVYTl~'ESS WHEREOF, we have hereim~to set otu' liaz~ds and seals this /~ day of July, 2006. WITNESS: ~~-we S'I',ATE OF FLORIDA COUNTY OF G, - - -_ Liu a E. Groc~e ~~, ~ L Z1t'P SS. On this ~ day of July, 2006, before me, the undersigned officer, personally appeared LYN'DA E. GRO E, known to me (or satisfactorily proven) to be tb.e individual whose name is subscribed to the foregoing instrument, az~d acknowledged that she executed the sauic fo~~ the purposes tk~exein contained_ IN WITNESS VVHEREOI', I hereunto set my official ppp6/ot31 '~ Expkes,I30rR010 "yaR~~o FbndaNotaryAss~. Inc 9~ J/o 7 •F 1N WITNESS WHEREOF, we have hereunto set our hands and seals this ~iay of February, 2006. WITNESS: Carol E. Gulick STATE OF FLORIDA COUNTY OF ~c,I K On this~day of February, 2006, before me, the undersigned officer, personally appeared CAROL E. GULICK, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . s .~. ..~ o~eq ~l4 `F. C:1 G~Y,.J, ~''t~`v„%4s .~Ci ~v e~4• 3' ~^ SS. Notary ublic u~~b ;~~<<-a`~~ua~~,, SUZANNALLUMS `,' ',,° : Notary Public - Sfate of Florida ,~, ", ~~` k z..` My Communion Expires Nov 28, 2006 '~` of ~' Commission # DD l b; 808 5 FIRST AND FINAL ACCOUNT OF THE ESTATE OF ELIZABETH C. STOTT LATE OF MECHANICSBURG BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: JUNE 4, 2005 PRINCIPAL ACCOUNT DEBITS: Your Accountant charges himself with the following: Real Pr~erty None Personal PropertX PNC Bank Checking Account # 5140062601 1994 Oldsmobile Cutlass Sierra sedan TOTAL PRINCIPAL DEBITS Value 0 Value $17,894.30 $2,000.00 $19,894.30 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Cumberland County Register of Wills -Probate fee $102.00 Law Offices of Craig A. Diehl -Retainer for Attorney Fees $2,500.00 Cumberland County Legal Journal -Estate advertisement $75.00 The Sentinel -Estate Advertisement $144.29 Trefz & Bowser Funeral Home, Inc. -Cremation $2,256.20 Seligman & Friedman & Companyu - 2004 Income tax preparation $434.30 Law Offices of Craig A. Diehl -Reimbursement for certified mail $4.42 Commonwealth of PA -Vehicle transfer fee $87.00 Discover Card -Credit card balance $54.71 Andrew Zeiter, Esquire -Revision to dededent's will $85.00 Links 2 Care -Private duty nursing services $670.00 Country Meadows Nursing Home -Final bill $189.82 Law Offices of Craig A. Diehl - Remainder of Attorney Fees $2,815.58 Cumberland County Register of Wills -Inheritance tax payment $470.52 Cumberland County Register of Wills -Filing fee for PA Inheritance Tax Retur $15.00 Orphans' Court, Cumberland County -Filing fee -Family Settlement Agreemen $20.00 TOTAL PRINCIPAL CREDITS $9,923.84 EXHIBIT B RECAPITULATION Principal Debits Principal Credits Subtotal BALANCE FOR DISTRIBUTION PURSUANT TO LAST WILL AND TESTAMENT OF ELIZABETH C. STOTT $19,894.30 $9,923.84 $9,970.46 $9,970.46 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Total Balance for Distribution to the following heirs as described: Balance Available per First and Final Account: $9,970.46 Douglas W. Stott, Jr. 2 Heatherwood Circle Middletown, PA 17057-3321 1/3 Estate Residue $3,323.49 Less in-kind transfer of vehicle ($2,000.00) Cash balance to Douglas W. Stott, Jr. $1,323.49 Linda E. Grove 12314 Quercus Lane Wellington, FL 33414-4126 1/3 Estate Residue $3,323.49 Carol E. Gulick 1208 Jim Johnson Loop Plant City, FL 33455-4126 1/3 Estate Residue $3,323.49 TOTAL FOR DISTRIBUTION PURSUANT TO LAST WILL AND TESTAMENT OF ELIZABETH C. STOTT $9,970.46 EXHIBIT D t'r ~>~~9