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HomeMy WebLinkAbout03-26-12 FAMILY SETTLEMENT AND FINAL RELEASE IN THE ATE--~ ~~~ OF RUTH K. COLLINS, DECEASED ~ ~ --~ ~' ' _L rn-- y~ ~. - :~_ rn r.; - - ~,~~ (T -~ `-~ . ~; Know that Ruth K. Collins, late of New Cumberland, Cthi~lanc~' -~ County, deceased, died testate on June 25, 2011, having first made, e'er Last:' '.= '; ~.~~ Will and Testament that was duly executed on May 7, 1993, and is dull' recorded in Cumberland County under number 2011-00786; WHEREAS, Ruth K. Collins, by her Last Will and Testament, named her daughter, Barbara C. Oyler as Executrix of her Last Will and Testament; WHEREAS, Letters Testamentary on the Estate of Ruth K. Collins were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the Executrix; WHEREAS, the Executrix has gathered the assets of the Estate of Ruth K. Collins and the assets consist of personal property with a total value of $ 1,221,897.00, as set forth in the Statement of Account that is attached hereto as "Exhibit A"; WHEREAS, the Executrix has paid the debts of the Estate in the amount of $ 64,439.00, leaving a balance for distribution of $1,157,458.00 as set forth in Exhibit A; WHEREAS, the balance for distribution as shown in Exhibit A has been distributed in accordance with the terms of the Last Will and Testament of Ruth K. Collins; NOW, THEREFORE, we, Barbara C. Oyler and James J. Collins II, the children and sole beneficiaries of the Decedent, Ruth K. Collins, each of us, acknowledge that we have this day received all money, legacies, bequests, and devises as are given, devised, and bequeathed to each of us in accordance with the Last Will and Testament of Ruth K. Collins, as set forth in the Statement of Distribution attached hereto as "Exhibit B". AND, we, Barbara C. Oyler and James J. Collins II, do hereby stipulate that 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 agree that we consent to the distribution being made without the formal filing of an account and schedule of distribution, the same to be with the same force and effect as if the documents had been filed and confirmed by the Orphans' Court Division of the Court of Cumberland County, Pennsylvania. THEREFORE, we do each hereby release, quitclaim, and forever discharge the Executrix, Barbara C. Oyler, Timothy A. Holmes, their executors, administrators, and assigns, from all actions, suits, payments, accounts, reckonings, and claims touching upon the Estate of Ruth K. Collins. We also agree that should any liability come due to the Estate of Ruth K. Collins after the signing of the Agreement, we covenant and agree that we will share equally the financial responsibility for satisfying any and all taxes, liabilities, claims, demands, suits, or causes of action that may be successfully prosecuted or assessed against the Estate after the signing, sealing, and delivery of this Family Settlement Agreement and Final Release. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 26th day of March, 2012. ~~~~~~ ~ (Seal) Barbara C. Oyler (Seal) mes J ollins II COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the 26th day of March, 2012, before me, a Notary Public, the undersigned officer, personally appeared Barbara C. Oyler, Executrix, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed this Family Settlement Agreement for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - ~ -}--~' SEAL Notary Public My Commission Expires: K 1/ ~D 5 COMMONWEALTH OF PENNSYLVANIA ooMMa4~ews+ NOTARIAL SEAL FREDERK:K W. BAKER Ii, Notary Pubsc ) North I~ddlelon Twp., Cumberland County COUNTY OF CUMBERLAND )ss; Commission Exp~es Sept 21,2015 On this, the 26th day of March 2012, before me, the undersigned officer, personally appeared JAMES J. COLLINS II, known to me, (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ SEAL Notary Public My Commission Expires: ~" - ~J ~d/~ __ arr ~~+ - -NOTARIAL. SEAL FREDERK:K W. BAKER 11, Notary Pt~t'ic EXHIBIT A STATEMENT OF ACCOUNT ASSETS: Real Estate• 1. Residence Subtotal: $160,000 Stocks & Bonds: $160,000 1. Met Life (10 shares) $410 2. Prudential National Muni FD C 1 C, Prudential Acct. 30959258 (4,399.277 shares) $64,097 3. Banco Santander (239 shares) $2,553 4. Prudential Financial, Inc. (316 shares) $18 875 5. Principal Financial Group (354 shares) $10, 298 6. 36 Series EE US Savings Bonds, dated 8/1984 through 4/1985 $3,600 Interest accrued $10,731 7. 33 Series EE US Savings Bonds, dated 5/1988 through 1/1989 $3,300 Interest accrued $6,900 8. 33 Series EE US Savings Bonds, dated 12/1982 through 8/1984 and 3 Series EE US Savings Bonds dated 3/1984 through 5/1984 $4,800 Interest accrued $14,932 9. 45 Series EE US Savings Bonds, dated 7/1987 through 5/1988 and 2 Series EE US Savings Bonds dated 12/1987 Interest accrued 10. 46 Series EE US Savings Bonds, dated 8/1986 through 7/1987 Interest accrued 11. 33 Series EE US Savings Bonds, dated 4/1985 through 9/1985 Interest accrued 12. 47 Series EE US Savings Bonds, dated 10/1985 through 8/1986 Interest accrued 13. 11 Series EE US Savings Bonds, dated 9/2002; 4 Series EE US Savings Bonds, dated 9/2002; and 12 Series EE US Savings Bonds dated 7/1991 Interest accrued 14. 4 Series I US Savings Bonds, dated 10/2001through 6/2003 and 1 Series I US Savings Bond dated 12/2001 Interest accrued 15 . U. S . Treasury Note maturing 11 /3 0/ 11 Interest accrued 16. U. S . Treasury Note maturing 4/3 0/ 13 Interest accrued $4,600 $10,023 $4,600 $10,936 $2,300 $6,655 $4,700 $13,132 $87,000 $69,773 $45,000 $20,714 $2,000 $1 $1,000 $1 Subtotal: $422,931 Mort~a~es & Notes Receivable: 1. MJ Explosives Inc. Demand Note dated 10/9/09 $115,033 Interest Accrued $1,803 2. United Methodist Church Demand Loans dated 2/14/02, 11/28/01, 9/3/02, 5/8/02, 6/14/02, 9/3/02 $100,000 Interest Accrued $97 Subtotal: $216,933 Cash, Bank Deposits, & Misc. Proper 1. PNC Checking Account (5140012428) $14,423 2. PNC Money Market Account (5001608237) $80,238 Interest Accrued $10 3. Personal Property-residence contents $1,931 4. Automobile $7,990 5. Coin Collection $3,935 6. Allstate Nursing Care Reimbursement Claim $950 7. Jewelry $75 8. Cash in decedent's possession $382 9. Sovereign Bank CD (775545585) $9,513 10. Sovereign Bank CD (775546112) $11,864 11. Susquehanna Bank CD (10006351703) $27,118 12. Susquehanna Bank CD (10006351810) $27,291 13. Allstate Refund Nursing Home Insurance Premium $83 14. Highmark Premium Refund $253 15. CNA LT Care Insurance Premium Refund $788 16. Hartford Auto Insurance Refund $656 17. Patriot News Refund $270 18. CNA LT Care Insurance Claim Pymt. $2,000 19. Legionnaire Insurance Premium Refund $41 20. Medico Refund $22 21. Legionnaire Med Insurance Claim Pymt. $1,121 22. Legionnaire Med Insurance Claim Pymt. $60 23. CNA LT Care Insurance Claim Pymt. $3,523 24. PA Dept. of Rev.-refund receivable $427 Subtotal: $194,964 Jointly-Owned Property: 1. Rolling Green Cemetery Lots $2, 527 Subtotal: $2,527 Inter-Vivos Transfers and Misc. Non-Probate Prover 1. Prudential Annuity Contract #E0487386 $135 736 2. Met Life Annuity Contract #OOOC1015890 $4 444 3. Union Central Annuity #3052234 $21 289 4. Principal Financial Annuity #00070123 $ 63 073 Subtotal: $ 224,542 Total Assets: $1,221,897 LIABILITIES: Funeral Exuenses and Administrative Costs: 1. Funeral Expense (Rolling Green Cemetery) 2. Parthemore Funeral Home 3. Funeral Meal 4. Attorney Fees 5. Probate Fees 6. Accounting Fees 7. PP&L utilities (residence) 8. Chapman Fuel Oil (residence) 9. New Cumberland Borough (water and sewer) (residence) 10. William Raves (residence lawn maintenance) 1 1. PA American Water (residence) $1,195 $9,689 $337 $1,500 $854 $4,500 $191 $2,020 $310 $700 $221 12. Bank Fees 13. Carpet Cleaning (residence) 14. House Washing 15. Reserve for Final Income Tax Preparation 16. Reserve for Fiduciary Income Tax 17. Carlisle Sentinel (advertise grant of letters) 18. Cumberland County Law Journal (advertise grant of letters) 19. Baron & Associates (real estate appraisal) Subtotal: $23,439 Debts of Decedent, Mortgage Liabilities. & Liens: 1. Bill Raves 2. PP&L 3. 4. 5. 6. 7. $42 $140 $150 $550 $450 $190 $75 $325 $210 $35 Continuing Care RX $331 Cumberland Crossing Nursing Home Expense $2,702 PA American Water $27 PSERS -repay portion of final retirement pymt. $79 IRS-balance due on final income tax return $37,616 SubSub_: $41,000 Total Liabilities: $64,439 Total for Distribution• 157 458 EXHIBIT B STATEMENT OF DISTRIBUTION Total for Distribntinn• ~t 1 7 458 Distributions to Barbara C Oyler: Stocks & Bonds $211,465.50 Mortgages & Notes Receivable $108,466.50 Cash, Bank Deposits, &Misc. Property $177,482.00 Jointly-Owned Property $1,263.50 Inter-Vivos Trans. and Misc Non-Probate Prop. $112,271.00 Less 50% of Liabilities ($32,219.50) Total Distributed to Barbara C. Oyler: $578,729.00 Distributions to James J. Collins II: Real Estate (Residence) $160,000.00 Stocks & Bonds $211,465.50 Mortgages & Notes Receivable $108,466.50 Cash, Bank Deposits, &Misc. Property $17,482.00 Jointly-Owned Property $1,263.50 Inter-Vivos Trans. and Misc Non-Probate Prop. $112,271.00 Less 50% of Liabilities ($32,219.50) Total Distributed to James J. Collins II: $578,729.00