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HomeMy WebLinkAbout05-11-12 (2)ESTATE OF DOROTHY M. DYER FILE N0.21-11-0142 ~ `~'- FAMILY SETTLEMENT AGREEMENT ~~ ~-~' ~ ;~. ~I'~ ~~~ This agreement made this ~f~day of ~- - 2012 ~ ~ ~ ~ - ' - ©~ ~~ ~~ _.. o z= , BETWEEN: JUDITH ANN DYER, MARILYNN SUE KLOPP, CHRISTOPHER A-{~,LOPP, ~= ~ - ~' DAVID E. KLOPP, JENNIFER L. KLOPP (ETTINGER) and MATTHEW V. KLOPP, beings ~'7 ~ "T~ the legatees under the Last Will and Testament of Dorothy M. Dyer, late ofthe Borough of Shippensburg, Cumberland County, Pennsylvania, AND JUDITH ANN DYER, executrix of the Estate of Dorothy M. Dyer, deceased. WHEREAS, Dorothy M. Dyer died January 29, 2011, testate and WHEREAS, Letters Testamentary were granted to Judith Ann Dyer on February 3, 2011, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Dorothy M. Dyer with the exception of a reserve fund to pay any unforeseen expenses- have been liquidated or distributed and all her debts paid in full, and further, the period of fourteen months having been terminated since the first advertisement of the issuance of Letters to the said Executrix, the said parties hereto desire to waive the duty of the Executrix to file a 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, and which Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESS, 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 share as therein shown, do mutually bind themselves to the said Distribution and Accounting as set forth and further mutually release Judith Ann Dyer, Executrix, from all claims and demands whatsoever arising out of settlement of the Estate of Dorothy M. Dyer. The parties hereto do further agree that should any liability come due to the estate of said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representative that they will contribute pro rata their share of the estate to satisfy any and all claims, demands, suits, or causes of action which maybe successfully prosecuted against the said estate of the aforesaid personal representative after the signing, sealing, and delivery of this family settlement agreement and final release. EXECUTRIX'S ACCOUNT FIRST AND FINAL ACCOUNT OF JUDITH ANN DYER, EXECUTRIX FOR ESTATE OF DOROTHY M. DYER, DECEASED Date of Death: Date of Executrix Appointment: Dates of Advertisement of Letters: Public Opinion Cumberland Law Journal Accounting for the Period: January 29, 2011 February 3, 2011 February 17, 24, March 4 February 25, March 4, 11 February 3, 2011 to April 3, 2012 Purpose of Account: Judith Ann Dyer, Executrix, offers this account to acquaint interested parties with the transactions that have occurred during her administration. The account also indicates the distribution of the estate. It is important that the account be carefully examined. Dorothy M. Dyer Estate Final Accounting 5-Apr-11 ASSETS Final Distribution House Share House 112,000 IBM stock 282,982 IBM dividend 3/29 1,123 Bank 35,626 Life insurance 3/18 1,013 House contents (appraised at $3.4K, dirt. to beneficiaries) PSER check 421 TOTAL 321,165 LIABILTIES AND EXPENSES Funeral (1/27) 11,078 Funeral Reception 175 Legal Letters of testmentary, short certificates 485 Filing fee Register of Wills 15 Legal Advice (Weigle) 750 Legal Advice (Ron Johnson) 25 Transfer of house 379 Administation House appraisal 325 Contents appraisal 135 Tax preparation; 1041 and PA 41 250 Executrix notices Public Opi nian 170 Cumberland Co Legal Joornal 75 Postage 74 Taxes Inheritance Taz (4.5%-SY prepay) 18,227 PA STATE Estate Income Tax 242 Federal Estate Income tax - Personal IncomeTax for Dorothy M. Dyer Federal 2010 4,899 Slate 2010 796 Federal 2011 673 State 2011 34 Property Taxes ZOl l 2,701 Property Taxes 2012 {i/4) 225 Bank charges (returned check after DOD plus $20 fee) 2,780 Executrix expenses (2 rental car charges, 1 airfare) 1039 House Expenses Insurance 643 Heat 2,661 Electric 862 Water, sewage, garbage 800 Phone 331 Dump fees inc. gas and minor repairs 231 TOTAL LIABILITIES AND EXPENSES 51,080 CASH ASSETS LESS LIABILITIES 270,085 RESERVE {FOR UNKNOWN FUTURE EXPENSES) 28,820 AMOUNT IN CASH DISTRIBUTED 5/19/11 One-third to Marylynn Sue Klopp (exc. House) 42,942 One-third to Judith Ann Dyer 80,276 One-twelth to Christopher Klopp 20,069 One-twelth to Jennifer Klopp Ettinger 20,069 One-twelth to Matthew Klopp 20,069 TOTAL distributed May 2011 183,425 HOUSE IN LIEU OF CASH Marilynn Sue Klopp 54,598 David Klopp 29,402 (Chris, Jenny, and Matt loans [o Sue and Dave) 27,999 TOTAL 111,999 CASH DISTRIBUTION APRIL, 2012 (Includes House Settlement) Marilynn Sue Klopp 20,069 Judith Ann Dyer 37,333 57,402 RESERVE DISTRIBUTION Aprii 15, 20121ess $3820 still in reserve Marilynn Sue Klopp 8,606 Judith Ann Dyer 8,606 Christopher Klopp 2,152 David Klopp 2,152 Jennifer Klopp Ettinger 2,152 Matthew Klopp 2,152 TOTAL distributed April 2012 25,820 TOTAL CASH DISTRIBUTION May 2011 and April 2012 266,647 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 1 On this the i~ ~ day of l , 20 ,before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared MARILYNN SUE KLOPP, known to me (or satisfactorily proven) to be a 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 official seal. ~~ ~~~~~~ ~ pG!~ ~~~ 1 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PAMELA A. SWITALSKI, Nc~ary Public (SEAL) Boro of Shippensburg, Cumberland County My Commission Expires March 24, 2014 I have carefully examined this document and hereby bind myself to the terms of said document. th Ann Dyer Date: ~~ ~/~ STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this the ~r~ day of !'~°~^-I , 2011, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared JUDITH ANN DYER, known to me (or satisfactorily proven) to be a 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 official seal. ~, ~~' ~~ ,~~ ~~ ~~~, Notary Public [SEAL) ~,~... ED ALLENDORF ; Commission # 1944569 z ~!,s _ Notary Public -California z Z `~"' M San Francisco County D y Comm. Expires Jul 17, 2015 ^~~ I have carefully examined document and hereby bind myself to the terms of said document. Date: ~,r~/2 ~~z State of Tennessee On this the ~ day of ~~ "` J " ,2012, before me, a Notary Public in and for the County of Davidson in the State of Tennessee, the undersigned officer, personally appeared CHRISTOPHER KLOPP, known to me (or satisfactorily proven) to be a 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 _. ... ~~ ~; - ~. ~ ~ ~ 2 ~~`~ ~-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,~` 1 v'. On this the ~~ ,) day of ~, , 20.1-I, before me, a Notary Public in and for said County and State, the under igned officer, personally appeared DAVID E. KLOPP, known to me (or satisfactorily proven) to be a 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 official seal. ~, ~.f . Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL (SEAL) PAMELA A. SWITALSKI, Notary Public Boro of Shippensburg, Cumberland County My Commission Expires March 24, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the ~ ~~ day of ~~ L 2011, before me, a Notary Public in and for said County and State, the un ersigned officer, personally appeared JENNIFER L. KLOPP (ETTINGER), known to me (or satisfactorily proven) to be a 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 official seal. ~enni~cr ~. Kopp Effih~ee~' Notary Public .. f . (SEAL) COMMONWEALTH OF PENNSYIJVANIA COUNTY OF E~f'13~ ~?-~r~~-~~'~ f On this the j 0 h day of ~' ` ~~ , 2011, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared MATTHEW V. KLOPP, known to me (or satisfactorily proven) to be a 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 official seal. f ~ 1 ~; ~,~r. Notary Pu i ,~ COMMC7NWEALfiH OF PENNSYLVANIA ~~~ %~I NOTARIAL SEAL `~' ~~ ~_ ,~ ~\ TAMMY SUE HELMAN, Notary Public ,~ . ~ _._ ~ ` ~ ~~~ = Guilford Twp., Franklin County '~ My Commission Expires February 10, 2014 (SEAL)