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Home My WebLink About08-22-12 (2)ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Estate of A. Kenneth York, Deceased No. 21-11-0636 FAMILY SETTLEMENT AND FINAL RELEASE IN ESTATE OF A. KENNETH YORK, DECEASED r..,> ~:.~ ~~ rn~~c f r, fU G;;:; f`J C'~ ~~ -: ' :yo-: D °y F:J c~ KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, A. Kenneth York, late of Hampden Township, Cumberland County, Pennsylvania, deceased, died testate on May 14, 2011, having first made his Last Will and Testament, which was duly executed on July 2, 1992, and is duly filed in the Cumberland County, Register of Wills Office at File Number 21-11-0636; WHEREAS, the said Testator, by the aforesaid Last Will and Testament, named Heather S. Seeno also known as Heather Y. Seeno, as Executor of his Last Will; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on June 2, 2011 to the said Executor; WHEREAS, the Executor has gathered the assets of the estate of the decedent and the assets consist of personal property, with a total value of $484,967.42 as set forth in Exhibit "A", which is a statement of account of said Executor, and which is attached hereto and made a part hereof, and marked as Exhibit "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate, amount to $33,971.66 as set forth on Exhibit "B" attached hereto, leaving a balance for distribution of $450,995.76 from which the Executor will: (i) withhold $3,000.00 for payment of final attorney's fees, (ii) withhold $3,000.00 for payment of fiduciary taxes and any other proper expenses or liabilities of the estate of which the Executor shall have received notice by that time, or which may otherwise be payable, (iii) funds advanced to beneficiaries in the amount of $360,000.00; and (iv) distribute to the beneficiaries, in the proportion of their interests and without further 1 ~~~ ( ~? f 1"i .,1'.1 t- , ~~ __ -~-~ ~~'.~ C'S n~ accounting, the balance then remaining of $84,995.76 available for distribution, as set forth in the statement of the said Executor, which is attached hereto and labeled "Recapitulation". Such distribution will also include any funds received by the Executor subsequent to the date to which the attached Account is stated. Should any proper liabilities of the estate, whether for taxes or otherwise, arise or come to the attention of the Executor or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; WHEREAS, in accordance with the decedent's Last Will, Heather Y. Seeno, Gretchen Y. Lindquist, and Hollis C. Alexander will receive the rest, residue and remainder of property, real, personal and mixed in equal shares; WHEREAS, Heather Y. Seeno was the joint owner on a checking and savings account with PNC Bank, N.A.; WHEREAS, the parties hereto agree that the remaining balance of the estate assets shall be distributed as set forth in the Schedule of Distribution, a copy of which is attached hereto as Exhibit "C" and made a part hereof, including distribution of all legacies and devises as therein set forth. Without intending to limit the rights or remedies of the Executor, the parties further agree to indemnify the Executor and save her harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which she may incur, whether due to her negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, that we, Heather Y. Seeno, Gretchen Y. Lindquist, Hollis C. Alexander. being all the beneficiaries of the residual estate under the Last Will of the said decedent, and being the persons entitled to inherit under said Last Will, do hereby, acknowledge that we have this day received from the aforesaid Executor, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to each of us respectively by the said Last Will, the amounts due us under said Last Will and Testament, which amounts we will receive upon the signing of this agreement, and which amounts are in the amount set opposite name in the table and schedule of distribution in said statement attached hereto and marked Exhibit "C"; 2 AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do 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 they had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas, Cumberland County, Pennsylvania. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said Executor, her heirs, executors and administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckoning, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause, or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Executor, that we will contribute pro-rata, our share 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 Executor after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all such counterparts together shall constitute but one Agreement IN WITNESS WHEREOF we have hereunto set our hands and seals this 6~ ~ day of ~ - ~s { , 2012. WITNESS: ~" (SEAL) Heather Seeno (SEAL) Gretchen Y. Lindquist Hollis C. Alexander (SEAL) 4 IN WITNESS WHEREOF we have hereunto set our hands and seals this~~ ~ day of ~.~ tJ'~~l (~, 2012. U- WITNESS: Heather Y. Seeno (SEAL) 4 (SEAL) Hollis C. Alexander ~. IN WITNESS WHEREOF we have hereunto set our hands and seals this G~ ~ day of ~ , 2012. WITNESS: (SEAL) Heather Y. Seeno (SEAL) Gretchen Y. Lindquist AL) Hollis C. Alexan er 4 AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do 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 they had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas, Cumberland County, Pennsylvania. THEREFORE, we and each of us, do hereby remise, re~`ease, quitclaim and forever discharge the said Executor, her heirs, executors and administrators and assigns, i of and from the said estate and from all actions, suits, payme~its, accounts, reckoning, claims, and demands whatsoever for or by reason thereof, 9r for any other use, matter, cause, or thing whatsoever, touching upon the estate of tl~ said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Executor, that we will contribute pro-rata, our share 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 Executor after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreemen, t and Final Release may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all such counterparts together shall constitute but one Agreement 3 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~'"~ ~ ~~ On this, the ~_ day of .~~3_~G.U~ , 2012, before me, a V Notary Public, the undersigned officer, personally appeared Heather Y. Seeno, 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 purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Not u c COMM6NWE`A~.fiMI (~~' p~NNSYLVANIA Notarial 5®al Jennifer Gross, Notary Rublie Camp Hill Boro, Cumberland County My Commission Expires Sept. 11, 2012 Member, Pennsylvania Association. of Notaries 5 STATE OF ~ -S- COUNTY OF ~--`' ~ ~ SS. On this, the day of ~~6~5~ , 2012, before me, a Notary Public, the undersigned officer, personally appeared Gretchen Y. Lindquist, 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 purpose therein contained. IN WITNESS WHEREOF, I hereyu~to~set my hand and official seal. •rrr~ OyMI HMNOUEZ Notary Mp CM~hNM E+MMrt Mir id. 20fs i ~~ 6 noiai~ MA ~~`" a~os ar ,~ LEE CUUN v~~y ^'~'-`'°" Ex TY N 2017 Pees 3.6. 7 STATE OF !v~-t -' 1 ~~~~ C~ If\ COUNTY OF ~~'~''~~ ~ I~ D . SS. ~1 On this, the day of v~,S~ , 2012, before me, a Notary Public, the undersigned officer, personally appeared Hollis C. Alexander, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my,han~l and offici~~al. RECAPITULATION Decedent's Assets Decedent's Liabilities/Probate Expenses TOTAL Funds Advanced to Beneficiaries Heather Y. Seeno Gretchen Lindquist Hollis Alexander $ 484,967.42 - $ 33,971.66 $ 450,995.76 $ 120,000.00 $ 120,000.00 $ 120,000.00 TOTAL AFTER INITIAL FUNDS ADVANCED `, $ Reserve held in Estate Account for payment of remaining attorney's fees Reserve held in Estate Account for payment of fiduciary tax, maintaining trust - 90,995.76 $ 3,000.00 $ 3,000.00 TOTAL AVAILABLE FOR DISTRIBUTION $ 84,995.76 8 RECAPITULATION Decedent's Assets Decedent's Liabilities/Probate Expenses TOTAL Funds Advanced to Beneficiaries Heather Y. Seeno Gretchen Lindquist Hollis Alexander $ 484,967.42 - $ 33,971.66 $ 450,995.76 TOTAL AFTER INITIAL FUNDS ADVANCED Reserve held in Estate Account for payment of remaining attorney's fees Reserve held in Estate Account for payment of fiduciary tax, maintaining trust - $ 120,000.00 $ 120,000.00 $ 120,000.00 $ 90,995.76 $ 3,000.00 $ 3,000.00 TOTAL AVAILABLE FOR DISTRIBUTION $ 84,995.76 8 Exhibit "A" ASSETS 6/10/11 Hospice of the VNA - Meds Reimbursement $ 735.22 6/10/11 PNC Joint Account $ 5,000.00 6/30/11 PNC Joint Account $ 5,000.00 7/12/11 Morgan Stanley Investments $3 23,358.92 9/12/11 Scott's Lawn Service Refund $ 51.85 9/20/11 Sale of 5010 Inverness Drive $1 46,213.40 9/29/11 Cindy Fenton, Auctioneer $ 1,491.00 10/13/11 Chase -Escrow Account Refund $ 37.32 10/13/11 Encompass Insurance Refund $ 83.50 10/21/11 Cindy Fenton, Auctioneer $ 13.80 10/31/11 Verizon Refund $ 112.07 11/19/11 Final Pension Payment - USSteel $ 1,642.09 4/30/12 US Treasury Refund $ 716.00 5/9/12 PA Treasury Refund $ 80.00 6/15-12/15 Interest on Integrity Bank Account $ 432.25 TOTAL ASSETS $484,967.42 9 JOINT ASSETS OF HEATHER Y SEENO **PNC Bank, N.A. -Savings Account -Owners A. Kenneth York And Heather Y. Seeno $ 10,095.45 **This amount is not part of the Assets of this Family Settlement Agreement, it is for information only. PNC Bank, N.A. -Checking Account -Owners A. Kenneth York and Heather Y. Seeno $ 18,945.71 Expenses paid by ioint account and funds moved to estate account Funds moved to estate checking account on 6/10/11 & 6/30/11 $ 10,000.00 PA American Water $ 43.48 PPL $ 68.04 UGI $ 29.97 Chase Credit Card payment for May $ 955.67 Funeral Lunch -Good Shepherd Catholic Church $ 500.00 Funeral Flowers $ 95.24 Home Instead Senior Care $ 1,146.96 Funeral Home -Neil Funeral Home $ 387.50 Cumberland County Register of Wills Fee to Probate Will $ 581.50 *Airfare for Ken Seeno $ 847.80 *Airfare for Holly's daughter, Monique $ 1,007.30 *Airfare for Holly's granddaughter, Summer $ 1,007.30 *Airfare for Holly's grandson, EJ $ 1,007.30 *Hotel bill for Holly's family $ 281.22 *Initially paid out of Integrity Estate Account 10 Exhibit "B" LIABILITIES/EXPENSES PA American Water $ 44.95 PP L $ 381.75 UGI $ 36.02 Michael Langan, Tax Collector -School real estate taxes $ 1,785.19 Hampden Township -Sewer and Refuse $ 150.00 Homeowners Insurance -Encompass $ 86.50 Chase Credit Card $ 806.00 UGI HVAC Services $ 199.00 A.H. Reiff Landscaping -Mulch $ 174.90 Len Baer - 6/30/11 - Yardwork $ 150.00 Target -Staging $ 69.93 Bob Porter $ 500.00 Stop Payment Fee $ 25.00 Medical -Pulmonary and Critical Care $ 33.78 Medical -Heritage Cardiology $ 5.09 Medical - PA Gastroenterology $ 118.47 Medical -West Shore Anesthesia $ 23.02 Medical -Moffitt Hear and Vascular $ 68.07 Medical -Quantum Imaging $ 70.67 Medical -Internists of Central PA $ 175.86 Medical -Holy Spirit Hospital $ 1,082.72 Medical -Urology of Central PA $ 4.37 Medical -Kantor and Tkatch Associates $ 8.01 Medical -Prism -Physicians of Rehab $ 67.95 Medical -West Shore EMS $ 113.40 Medical -Spirit Physician Services $ 59.94 Medical -Charles Inners, MD $ 188.05 Medical -Center for Kidney Disease $ 8.01 Medical -Hershey Kidney Specialists $ 78.Og Medical - Healthsouth Regional $ 226.39 11 Exhibit "B" continued Medical - Sollenberger Colon and Rectal $ 13.10 Medical -Orthopedic Institute $ 2,79 Medical -Moffitt Cardiology $ 10.76 Executor Expenses $ 135.00 Income Tax Preparation -Martin J. Flannery $ 215.00 *Chase Home Mortgage Payments $ 1,641.80 TOTAL LIABILITIESIEXPENSES $ 8,759.61 TOTAL PROBATE EXPENSES $ 25,212.05 (See Exhibit B, continued) SUBTOTAL $ 33,971.66 * Initially paid from the PNC Joint Account 12 Exhibit "B" (continued) PROBATE EXPENSES Register of Wills, Agent Pennsylvania Inheritance Tax Register of Wills Additional Probate Cost Reager & Adler, PC 5/23/11 -present TOTAL PROBATE EXPENSES $ 20,000.00 $ 539.55 $ .4,672.50 $ 25,212.05 13 Exhibit "C" SCHEDULE OF DISTRIBUTION Heather Y. Seeno -The sum of $60,000.00 was distributed in August, 2011, the sum of $60,000.00 was distributed in November, 2011 and the sum of $41,329.09 her one third share of the residual estate will be issued in the form of a check from the Estate Checking Account. Gretchen Lindquist -The sum of $60,000.00 was distributed in August, 2001, the sum of $60,000.00 was distributed in November, 201 1. She has received the 2001 Toyota Camry Solara valued at $5,000.00 and $33,991.00 from the USSteel Pension which will be deducted from her final distribution. The sum of $2,337.59 her one third share of the residual estate after the referenced deductions will be issued in the form of a check from the Estate Checking Account. Hollis Alexander -The sum of $60,000.00 was distributed in August, 2011, the sum of $60,000.00 was distributed in November, 2011 and the sum of $41,329.09 her one third share of the residual estate will be issued in the form of a check from the Estate Checking Account. 14