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Home My WebLink About05-09-12 (3)James A Miller, Esquire MILLER LIPSITT LLC Attorneys for Deceased q, .: ~, Q ~. t i ~ -- --~ ~ s ~y, -~ f ~ G' ~_: ~ ~-~ ., ~ -- ~~ ~~ C"7 ~ C ~ "t`1 ~.-; IN ~: ESTATE OF Miriam C Failor, DECEASED IN THE COURT OF COMMON PLEAS Cumberland COUNTY Orphans' Court Division N0.2o1i-00935 PA No ESTATE SETTLEMENT AGREEMENT AND RELEASE THIS AGREEMENT, executed this ~ day of , 2012, by and between David A Failor Jr, individually and as Executor of the Es to of Miriam C Failor, Deceased, and Audrey F Failor, Vickie F Frye, Rodney L Failor, Michael L Failor, and Wesley E Failor, individually and collectively being all the (testamentary) heirs of Miriam C Failor. W I T N E S S E T H WHEREAS, Miriam C Failor, died April i5, 2oio and Letters Testamentary were granted on September 2, 2011 to David A Failor Jr, Executor; and WHEREAS, the Executor has proceeded with the administration of said estate and has prepared his accounting in the nature of a statement of receipts and disbursements. A true and correct copy thereof is attached hereto and made a part hereof, marked "Exhibit A"; and WHEREAS, the parties hereto desire that the Executor shaIl not be required to file an accounting with the Orphans' Court of Cumberland County and the net proceeds of the estate shall be distnbutedwithoutthe necessityoffiling aformalaccount NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, Page ~ of 4 -Failor Estate Settlement Agreement/Release mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the statement of receipts and disbursements and schedule of distribution relating thereto and the Executor fee of 5% of the gross Estate value, and find the receipts, disbursements and schedule to be true and correct, and acceptable to the parties hereto and each of them, and further, that each has received a copy of this Agreement. 2. The parties do release, remise, and forever discharge t'~e Estate of Miriam C Failor, Deceased, and David A Failor Jr, Executor, of and from all manner of acts suits, claims/ accounts, accountings, debts, dues and demands whatsoever which they or their legal representatives or assigns may at any time hereafter have, against the Executor, the said estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said estate and/or any claim or interest thereto or herein, and the administration, management, collection, sales or distribution of any of the said assets and for or on account of any money, interest, income, assets or proceeds out of the same, from the time of the death of said decedent to and including the date of this Agreement and release. g. This instrument is a full and final Estate Settlement Agreement by and among the parties hereto, both fiduciaries and individuals, all of the same having arrived at, concluded and executed after a full and complete disclosure of the assets of the said estate and the rights of the parties herein, and all of the parties hereto and each of them agree to abide bythe terms hereof. 4. The parties agree that they will and at all times in the future and whenever necessary, appropriate or convenient make, execute, and deliver to the said Executor and/or other parties or persons, any and all instruments, documents, conveyances, deeds, releases or other Page 2 of 4 -Failor Estate Settlement Agreement/Release instiliments at any time necessary or convenient to carry out the intention of this Agreement and/or to permit, assist and enable the Executor to fulfill his duties with reference to said estate and all of the assets thereof. 5. This Agreement constitutes the entire understanding among the parties and each of them aclmowledges that no representations or statements of any land, written or oral, have been made to them or any of them prior hereto by the Executor or by any other person or party upon their behalf. 6. The parties further specifically agree that ncthing in this Agreement shall be construed as an acceptance by them of any asset not accounted for in the Schedule of Distribution or any asset discovered after the date hereof, said assets to be divided equally among all beneficiaries. The parties further agree to reimburse the Estate an equal pro-rata .share of any valid claims, bills or other assessments received and payable after the date herea£ ~. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, adminish~ators and assigns. 8. This Agreement may be executed in counterparts. Page 3 of 4 - Failor Estate Settlement Agreement/Release IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above mentioned. David A Failor r, individually David A Failor Jr, Executor of " e Estat of Miriam C Failor, Deceased Audrey F Failor ~clae F Frye Rodney L Failor Michael L Failor Wesley E Failor Page 4 of 4 -Failor Estate Settlement Agreement/Release after the date hereof. ~. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, administrators and assigns. 8. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year fast above mentioned. David A Failor Jr, individually David A Failor Jr, Executor of the Estate of Miriam C Failor, Deceased ~~ ~~. ~~ AudreyFF ' r Adams Viclae F Frye Rodney L Failor Michael L Failor Wesley E Failor after the date hereof. ~. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, admini~~rators and assigns. 8. This Agreement maybe executed in counterparts. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year fast above mentioned. David A Failor Jr, individually David A Failor Jr, Executor of the Estate of Miriam C Failor, Deceased Audrey F Failor V clde F Frye Rodney L Failor Michael L Failor Wesley E Failor hereto, and each of them, their heirs, executors, administrators and assigns. 8. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above mentioned. David A Failor Jr, individually David A Failor Jr, Executor of the Estate of Miriam C Failor, Deceased Audrey F Failor V clae F Frye `'~ ~ ~~ Rodney L Failor Michael L Failor Wesley E Failor after the date hereof. ~. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, administrators and assigns. 8. This Agreement maybe executed in counterparts. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above mentioned. David A Failor Jr, individually David A Failor Jr, Executor of the Estate of Miriam C Failor, Deceased Audrey F Failor Vclae F Frye Rodney L Failor if ~-~~~~~ 4~' Michael L Failor Wesley E Failor after the date hereof. ~. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, adinuiistrators and assigns. 8. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above mentioned. David A Failor Jr, individually David A Failor Jr, Executor of the Estate of Miriam C Failor, Deceased Audrey F Failor V clae F Frye Rodney L Failor Michael L Failor `~L/ _ Wesley E F ' r .~ DATE OF DEATH: April 15 2010 LETTERS GRANTED: September 2 2011 I ASSETS: EXHIBIT A STATEMENT OF ACCOUNT ESTATE OF MIRIAM C FAILOR VALUE/AMOUNT A. Real Estate: 458, 460, 464 Stonehouse Road, Carlisle PA 17015 $ 120,000.00 - Real Estate taxes prorated reimbursements (HUD 407/408) $ 1,674.94 B. Personal Property: M&T Bank Account Number 9856120135 $ 6,811.87 C. Monumental Life Insurance payment to Ewing Bros funeral home $ 1,000.00 TOTAL ASSETS $ 129,486.81 II DEBTSIDISBURSEMENTS: 1 Funeral Home -Ewing Brothers, Carlisle PA $ (4,618.40) 2 Register of Wills, Cumberland County -Probate Fees $ (257.50) 3 Attorney Fees -Miller Lipsitt LLC* $ (1,500.00) a Legal Advertising -Cumberland Law Journal $ (75.00) b Legal Advertising -The Sentinel $ (178.92) 4 Executor Fee - David A Failor, Jr $ (6,390.60) 5 Taxes - 2008 real estate taxes $ (2,651.36) 6 Taxes - 2009 real estate taxes $ (2,780.47) 7 Homeowner's Insurance - 2011 $ (405.70) 8 Home heating fuel $ (1,224.61) 9 Closing costs for sale of home, IA above $ (7,814.06) 10 Department of Publlc Welfare -compromised settlement on $297975.64 -CIS 940165706 $ (101,589.55) - Department Of PUbIIC WelfaCe -compromised settlement on $297975.64 -CIS 940165706 $ (0.64) TOTAL DEBTS/DISBURSEMENTS $ (129,486.81) III SUMMARY: A TOTAL ASSETS: $ 129,486.81 B Less TOTAL DEBTS/DISBURSEMENTS $ (129,486.81) TOTAL NET ASSETS FOR DISTRIBUTION: $ - IV BENEFICIARY DISTRIBUTION: 1 Michael L Failor 458 Stone House Road Carlisle PA 17015 $ - 2 Westley E Failor RD2, Box 48-B1, Loysville PA 17047 $ - 3 Rodney L Failor 181 Creek Road, Newville, PA 17241 $ - 4 Vickie L Frye 2701 Auburn Richelieu Road, Auburn KY 42206 $ - 5 Audrey J Adams 5810 US Highway 92 West, Plant City, Florida 33566 $ - 6 David A Failor, Jr 347 E Street Carlisle PA 17013 $ - ,Nov. 16. 2011 9:2$AM third Party l.ia~ility °~• penn~y~vania ~~ DEPAATMf~NT 4F PUBLIC W$LPARE ~~ November 15, 2011 MILLER LIPSITf GQURTNEY A BUR BANK 4 SOllTH 17TH STREET CRMP BILL PA 17011-2314 Re: Miriam Failor cIS #: 94o1s57as SSN: ###-##-4195 Date of Death: 04/1.5/2010 Dear dames Miller, Esquire: No, 3381 P. 2/2 TFrls letter is to advise you that according to the information you provided to our office regarding the assets of the above-referenced estate, the Deparkment of Pubiic Welfare will accept the balance, namely $101.589.55 remalrting In the estate far payment of our e~cisting claim. Please have the check made payable to the pepartment of Public Welfare and forwarded #o my attention at the address Ilsted below, Your cooperation in resolving this matter is appreciated, Sincerely, '..~ r Karin L. Tyler Claims Investigation Agent 717-77z-6614 717-772-6553 FAX faxed same date 11:23 and mailed sureau of Program [ntegrrty I oiviston of Third Party Liability I Recovery 5ecnon Pd Sox 9486 i Harrisburg, Pennsyivanla 17105-8466