HomeMy WebLinkAbout04-27-12 (2),~:
ESTATE OF WANDA H. SOMMERVILLE
File No. 21-11-0536
FAMILY SETTLEMENT AGREEMENT
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CLERK OF
ORPHAN'S COURT
Cl1MRFRi,P.NO fO . PA
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THIS AGREEMENT made this 2 3 `- day of ~D/k,f' , 2012
BETWEEN: JOHN R. SOMMERVILLE, LOUANN S. NEIDIGH, MIMA J.
WILLIS, AND SALLY D. SHAUL, being the legatees under the Last Will and
Testament of Wanda H. Sommerville, late of the Township of West Pennsboro,
Cumberland County, Pennsylvania,
AND
MIMA J. WILLIS and JOHN R. SOMMERVILLE, Co-Executors of the Estate
under the Last Will and Testament of Wanda H. Sommerville, deceased,
WHEREAS, Wanda H. Sommerville died April 7, 2011, testate, and under her
Will left her estate to the parties herein; and
WHEREAS, Letters Testamentary were granted to Mima J. Willis and John R.
Sommerville on May 3, 2011, by the Register of Wills of Cumberland County,
Pennsylvania; and
WHEREAS, all assets of the late Wanda H. Sommerville have been liquidated or
distributed and all her debts paid in full, and further the period of four months having
been terminated since the first advertisement of the issuance of Letters to the said Co-
Executors, the said parties hereto desire to waive the duty of the Co-Executors to file a
WEIGLE 6 ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SI"IIPPENSBURG, PA 17 2 5 7-13 9 7
First and Final Account with Proposed Schedule of Distribution for purposes of
confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court
Division, AND FURTHER desire that a Family Settlement .Agreement be executed,
which Family Settlement Agreement will be duly recorded among the deed records in
and for Cumberland County.
NOW, THEREFORE, WITNESSETH, that the parties hereto, in consideration of
the premises above stated, and of the Accounting and Proposed Schedule of Distribution
attached hereto and made a part hereof, and the receipt of their distributive shares as
therein shown, do bind themselves to the said Distribution and Accounting as set forth
and further mutually release Mima J. Willis and John R. Sommerville, Co-Executors,
from all claims and demands whatsoever arising out of settlement of the Estate of Wanda
H. Sommerville.
The parties hereto do further agree that should any liability come due to the estate
of the said decedent after the signing of this agreement, they do hereby covenant and
agree with the aforesaid personal representatives that they will contribute pro rata their
shares 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
representatives after the signing, sealing and delivery of this family settlement agreement
and final release.
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17 2 57-13 9 7
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
(SEAL)
ohn R. Sommerville
(SEAL)
LouAnn S. eidigh
(SEAL)
i a J. W' 's
(SEAL)
Sally au
WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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On this, the ~ 3 r day of C~~~l-~-i` 2012,
before me, the undersigned officer, personally appeared JOHN R. SOMMERVILLE,
MIMA J. WILLIS, and SALLY D. SHAUL, known to me (or satisfactorily proven) to be
the persons whose names are subscribed to the within instrument, and acknowledged that
they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
G~~t~^-/` ` ~~ (SEAL)
Notarial Seal
Linda K. Klein, Notary Public
Shippensburg, PA Cumberland County
My Commission Expires August 15, 2012
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Cu-~f3~2~AND
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On this, the ~ ~ ^ day of ~~iu.~ 2012,
before me, the undersigned officer, personally appeared LOUANN S. NEIDIGH, 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.
1N WITNESS WHEREOF, I hereunto set my hand and official seal.
~:~ ~~
Linda K. Klein, Notary Public
Shippensburg, PA Cumberland County
. ,.___,;....~,,,, G.~nirac Qc®ust 15, 201
WEIGLE G ASSOCIATES, P. C. -ATTORNEYS AT LAW - 126 EAST
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In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-11-0536
Estate of Wanda H. Sommerville Deceased
Newville, West Pennsboro Township, Cumberland County
First and Final Account
Mima J. Willis and John R. Sommerville, Executors
Date of Death: 04/07/2011
Date of Incapacity, if any: None
Date of Executors' Appointment: 05/03/2011
Date of First Complete Advertisement: 06/03/2011
Accounting for the period: 04/07/2011 to 04/11/2012
Purpose of Account: Mima J. Willis and John R. Sommerville, Executors, offer this Account to
acquaint interested parties with the transactions that have occurred during the Administration.
It is important that the Account be carefully examined. Requests for additional information or questions
or objections can be discussed with:
Jerry A. Weigle Esquire
Weigle 8~ Associates, P.C.
126 East King Street
Shippensburg, PA 17257
717/532-7388
Supreme Court I.D. No. 01624
$~U1~IMARY OF ACCOUNT
Estate of Wanda H. Sommerville, Deceased
For the period of A rp it 7, 2011 thro~0h~ rIn 111, 2012
Fiduciary
Current Acquisition
Proposed Distributions ~~ Value Value
to Beneficiaries 12 36,240.58 36,240.58
PRINCIPAL
Receipts: This Account
3
Net Gain (or Loss) on Sales 110,261.86
or Other Dispositions 0.00
Less Disbursements:
110,261.86
Debts of Decedent 4 3,197.62
Funeral Expenses 4 12,908.58
Administration Expenses 4 628.75
Federal, State & Local Taxes 5 3,604.46
Commissions 0.00
Fees 5 6,033.00
Family Exemption 0.00 26,373.41
Balance Before Distributions 83,888.45
Transfer to (from) Principal 0.00
Distributions to Beneficiaries 6 47,675.55
Principal Balance on Hand 7 36,212.90
For Information:
Investments Made
Changes in Holdings
INCOME 8
Receipts This Account 9
27 68
Net Gain (or Loss) on Sales 0.00
or Other Dispositions
27.68
Less Disbursements 0.00
Balance Before Distributions 27.68
Transfer to (from) Income 0.00
Distributions to Beneficiaries 0.00
Income Balance on Hand 10 27.68
For Information:
Investments Made
Changes in Holdings
COMBINED BALANCE ON HAND 11 36,240.58
Verification 13
SCHEDULE A
RECEIPTS OF PRINCIPAL
Assets Listed in Inventory
(Valued as of Date of Deathl
~I]
CUNA Mutual Group Annuity 1417858 -beneficiaries 47.675.55
children of decedent, Mima J. Willis, John R.
Sommerville, Lou Ann S. Neidigh, and Sally S. Shaul
Orrstown Bank Irrevocable Burial Fund 12.870.59
Accrued interest on above item through date of death 31.90
Patriot Federal Credit Union Money Market Account 14,610.41
Accrued interest on above item through date of death 0.10
Patriot Federal Credit Union Prime Share Account 15,472.93
Accrued interest on above item through date of death 0.26
Patriot Federal Credit Union Shan: Draft Account 16,307.33
Accrued interest on above item through date of death 0.00
Total Cash
Total Receipts
07N 2/2011
07/01/2011
04/10/2012
Sn6sen~uent Principal Rece,~nts
Millennium Pharmacy Systems -refund of credit 8.89
balance
State Employees Retirement System -final prorated 700.61
benefit
U. S. Treasury - 2011 federal income tax refund 3,183.29
Total Subsequent Principal Receipts
Total. Adjustments and Subsequent Receipts
Total Receipts of Principal
Fiduciary
Acquisition
Value
106,969.07
106.869.07
3,292.79
3.292.79
110,261.86
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SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
05104/2011 Patriot Federal Credit Union Prime Shahs Account -
debit to account in transit at date of death
05/05/2011 Millennium Pharmacy
05!11/2011 Presbyterian Homes, Inc.
0 8 /1 412 01 1 Darryl K. Guistwite, D.O.
Total Debts of Decedent
Funeral Exoer Haas
04/17/2011 Fogelsanger-Bricker Funeral Home
Total Funeral Expenses
Administration Ex~nses
05!03/2011 Register of Wills, Cumberland County -Letters
Testamentary and Short Certificates
05!05!2011 Cumberland Law Journal -advertising Letters
Testamentary
08/09/2011 Newa Chronicle -advertising Letters Testamentary
08/15/2011 Register of Wills, Cumberland County -filing PA
Inheritance Tax Return
04/71/2012 Linda K. Klein -notary fee
04!11/2012 Weigle 8 Associates, P.C. • reserve for filing Family
Settlement Agreement with Register of Wills and
Recorder of Deeds, Gumberland County
04/11/2012 Weigle 8 Associates, P.C. -reimbursement for
postage, xerox copies, and long distance telephone
calls
Total Miscellaneous Administrative Expenses
60.00
390.18
2,733.15
14.29
12.909.58
265.50
75.00
121.25
15.00
32.00
100.00
20.00
3.197.62
12,909.58
628.75
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SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
06/16/2011 Register of Wills, Cumberland County - PA 3,600.00
Inheritance Tax payment at discount
06/15/2011 Register of Wills, Cumberland County - PA 4.46
Inheritance Tax balance due
Total Taxes
Fees
08115/2011 Weigle 8 Associates, P.C. 6,033.00
Total Fees
TOTAL DISBURSEMENTS OF PRINCIPAL
3,604.46
6,033.00
26,373.41
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SCHEDULE D
DISTRIBUTIONS OF PRINCIPAL
John R. Sommerville
05/05/2011
CUNA Mutual Group Annuity 1417858 -1/4 beneficiary
11,918.89
interest
11,918.89
LouAnn S. Neidiah
05/05/2011
CUNA Mutual Group Annuity 1417658 -1/4 beneficiary
11,918.88
interest
11,918.88
Mims J. Willis
05/05/2011
CUNA Mutual Group Annuity 1417658 -1/4 beneficiary
17,918.89
interest
11,918.89
Sally D. Shaul
05/05/2011
CUNA Mutual Group Annuity 1417658 - 7/4 beneficiary
11,918.89
interest
11,918.89
TOTAL DISTRIBUTIONS TO BENEFICIARIES 47,875.55
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• ~ ~ _~
PRINCIPAL BALANCE ON HAND
# Units Description
Cash
Estate Checking Account
Total Cash
-7-
Current Value
04/11/2012
or as Noted
36,212.90
36,212.90
Fiduciary
Acquisition
Value
36.212.90
36.212.90
36,212.90 36,212.90
* ? + ,a
SCHEDULEF
CHANGES IN PRINCIPAL HOLDINGS
# Units Cost
CllNA Mutual Grou Annui 1417658
04-07I2011 Inventoried 47,675.55
05/05/2011 Distributed -11,918.88
05/05/2011 Distributed -11,918.89
05/05/2011 Distributed -11,918.89
05/05/2011 Distributed -11,918.89
0.00
Total a.oo
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SCHEDULE G
RECEIPTS OF INCOME
Estate Checking A -o m
05/31/2011
06/30/2011
07/31 /2011
08/31/2011
10/02/2011
10/31/2011
11/30/2011
12/31/2011
01/31/2012
02/29/2012
04/01/2012
04/17/2011 final interest at closing
Patriot Federal Credit Union Money Market Account
05/04/2071 final interest at closing
05/04/2011 final interest at closing
TOTAL BANK INTEREST
TOTAL RECEIPTS OF INCOME
1.46
1.67
1.62
1.60
1.57
1.42
1.47
1.51
1.52
1.34
1.47
7.09
2.80
1.14
16.65
7.09
2.80
1.14
27.68
27.68
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INCOME BALANCE ON HAND
# Units Description
Dash
Estate Checking Account
Current Value
04/11/2012
or as Noted
Fiduciary
Acquisition
Value
27.68 27.68
Total Cash 27.68 27.68
27.68 27.88
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COMBINED BALANCE ON HAND
Current Value Fiduciary
04/11/2012 Acquisition
# Units Description or as Noted Value
Garb
Estate Checking Account 36.240.58 36,240.58
Total Cash 36,240.58 36,240.58
36,240.58 36.240.58
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PROPOSED DISTRIBUTIONS TO BENEFICIARIES
Current Value Fiduciary
04/11/2012 Acquisition
or as noted Value
TO: John R. Sommerville
One-fourth Share -CASH 9,060.14 9.060.14
TO: LouAnn S. Neidiah
One-fourth Share • CASH
TO: Mima J. Willis
One-fourth Share -CASH
TO: Jy D. Shaul
One-fourth Share -CASH
9,060.14 9,060.14
9,060.15 9,060.15
9.060.15 9,060.15
9,060.14 9,060.14
9,060.14 9,060.14
9,060.15 9,060.15
9,060.15 9,060.15
Total 36,240.58 36,240.58
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i ~'`''~ In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No.
21-11-0536
Estate of Wanda H. Sommerville, Deceased
Verification
Mima J. Willis and John R. Sommerville, Executors under the Last Will and Testament of Wanda H.
Sommerville, Deceased, hereby declare under oath that they have fully and faithfully discharged
the duties of their office; that the foregoing Account is true and correct antl fully discloses all
significant transactions occurrtng during the accounting period; that all known claims against the
Estate have been paid in full; that, to hislher knowledge, theca are no claims now outstanding
against the Estate; that all taxes presently due from the Estate have been pa1d; and that the grant
of Caftans Testamentary and the first complete advertisement thereof occurred more than four
months before the foregoing Account.
This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Dated: _~/o~.~~ oi-0/~ ~ I
Mima .Will Co-Executor
Dated: / \
~10~~1 ~0/r~
Jo . So merville, Co-Executor
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