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HomeMy WebLinkAbout09-24-12 (2)ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Estate of Irene E. Heisy, -''' Deceased No. 21-11-1037 ~~ c i n -o ~i _ fn_ ^~ FAMILY SETTLEMENT AND FINAL RELEASE °c?~- c~c, ,; -v FOR THE o~ ~ ESTATE OF IRENE E. HEISEY. DECEASED n -+ w 0 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Irene E. ~ Heisey, late of Mechanicsburg, Cumberland County, Pennsylvania, deceased, died testate on August 26, 2011, Letters Testamentary were filed in the Cumberland County, Register of Wills Office at File Number 21-11-1037; WHEREAS, the said Glenn P. Heisy was appointed Executor o:f the Estate; 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 $42,40CI.93 and 2,380 shazes of Exxon Mobile Corporation Stock 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 mazked as Exhibit "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate, amount to $27,965.21, as set forth on Exhibit "B" attached hereto; leaving a balance of cash for distribution of $14,435.72 to the beneficiaries; from which the Executor will: (i) withhold $1,000.00 for payment of final attorney's fees, (ii) withhold $500.00 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), in the proportion of their interests and without further accounting, the balance then remaining of $12,935.72 is 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; ~n f'i: f ~~ ni ,~ r <-, :5 ~~ t_rn ~~ WHEREAS, in accordance with her Last Will and Testament, the balance of the estate shall pass to her four children, James Richazd Heisey, Michael Denis Heisey, William Keith Heisey and Glenn Phillip Heisey, provided however, that the sum of Twenty Thousand ($20,000.00) Dollars shall be distributed to each child with the exception of James Richazd Heisey due to gifts given during the decedents lifetime to James Richazd Heisey. The Twenty Thousand ($20,000.00) Dollazs to equalize the estate was effected by James Richazd Heisey receiving less shares of the Exxon Mobil stock. After the deduction of the value of the Exxon Stock totaling Twenty Thousand ($20,000.00) Dollazs from James Richazd Heisey's shaze the remaining balance in the estate will be divided equally among the beneficiaries. The said Jo Ann Heisey, daughter having predeceased and left no issue. 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 him harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which he may incur, whether due to him negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, we, James Richard Heisey, Michael Dews Heisey, William Keith Heisey and Glenn Phillip Heisey, being the four children. and equal beneficiaries of the said decedent, and being those persons entitled to inherit under the decedent's Last Will and Testament duly probated, do hereby each of as, 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 decedent's Last Will and Testament, the amounts due us under said Will, which amounts we have received this day, and which amounts aze in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and mazked Exhibit "C"; 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, his heirs, Executor's and administrators and assigns, of and form 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 shaze 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 !f day of ~.,., 2012. WITNESS: SEE ATTACHE® ,~ ~.,. James Richard Heisey Michael Denis Heisey William Keith Heisey Glenn Phillip Heisey CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cmr. coos ~ ++ea State of California County of (gib®~ Ory;;Lf~aQ."~`_7_~before me, Dawn M. Hyde, Notary Puhr~ , 7 a e Here Inserl Name and Ttle of the Officer personally appeared f-,.;~~ DAwN M. HYDE :+ ~-'"s` -, Commissiou x 1P,63110 z ~~~\'- ~, Notary Pubilc - Cali'ornia v z `~ Sonoma County My Ccmm. Sxpires Sep 25, 2073 who proved to me on ttte basis of satisfactory evidence to be the person(q whose name(yfjl is/amc subscribed to the within instrument and acknowledged to me that he/s~/f~( executed the same in his/hl;~tttt~h- authorized capacity(ieIC1, and that by his/hp(RImrF signature( on the instrument the person or the entity upon behalf of which the person( acted, executed ttte instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and`+gfficial seal. Place Notary Seal Above OPTIONAL Though the in/ormation below is not required by law, it may prove valuable to persons and could prevent fraudulent removal and reattachment of this form to anotl Description of Attaches Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C' Corporate Officer -Title(s): i ] Individual ^ Partner - ^ Limited r] General rop or mumb Here i ' Attorney in Fact i =! Trustee 7 Guardian or Conservator ^ Other: Signer Is Representing _~ Signer's Name: the document rvumoer or rages: i_~ Corporate Officer -Title(s): ^ Individual ^ Partner - [~ Limited ^ General rop of numb Here ^ Attorney in Fact ^ Trustee Guardian or Conservator C Other: Signer Is Representing: 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARV (1-800-876-682]) Item #590] 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, his heirs, Executor's and administrators and assigns, of and form 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 azud seals this day of 5 r,~, 2012. WITNESS: James Richard Heisey nn,~' _' - n ~,~~ Michael Denis Heisey William Keith Heisey Glenn Phillip Heisey 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 dischazge the said Executor, his heirs, Executor's and administrators and assigns, of and form 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 shaze 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 Finai Release may be executed in any number of counterpazts 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 a~~d seals this day of , 2012. WITNESS: ~~ _~ ~~~ Heisey ~pTAlep cM~~ pcmoere,xme pUBLiG v Jaf es Richard Heisey 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, his heirs, Executor's and administrators and assigns, of and forth 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 ~~ day of Q,a c.. c~-, 2012. WITNESS: ~" James Richard Heisey Michael Denis Heisey e y William Keith Heis r / ' " Glenn Phillip Heisey ~p{gMOp1WFAL'IFi OF PENNSYLVANIA NotaAal Seal ry ~K VKItl K DubWS50n, Meta I ~ Sus4~anna ~~ O~ 26, 2013 My Comm55lon 6~phCa Sep4 Mty„hpr. PnnnMvania p5sodatlon Of Notaries RECAPITULATION Decedent's Assets $ 42,400.93 Decedent's Liabilities/Probate Expenses - .27,965.21 AMOUNT AVAILABLE FOR DISTRIBUTION $ 14,435.72 Less reserve held in Estate Account for payment of Remaining attorney's fees $ 1,000.00 Less reserve held in Estate Account for payment of Fiduciary tax - $ 500.00 TOTAL AVAILABLE FOR DISTRIBUTION $ 12,935.72 Exhibit "A" ASSETS 10/3/11 Members 15` Checking Account 12/23/11 Deposit 8/12 Reimbursement from Department of Revenue (inheritance tax overpayment) 10/3/11- Present Interest on Checking Account TOTAL ASSETS $ 40,877.77 $ 1.,119.07 ~ 390.32 ~ 13.77 $ 42,400.93 2,380.00 shares of Exxon Mobile Corporation stock. Exhibit "B" LIABILITIES/EXPENSES 10/3/11 Transfer to Savings $ 5.00 10/12/11 Check Fee $ 11.25 10/14/11 Glenn Heisey (reimbursement for funds Advanced for Medical, Nursing Caze, Rave]/Lodging for James and Bill, Probate Cost, Postage) $ 4,316.92 10/21/11 State Employee's Retirement System (Reimburse Pension Overpayment) $ 50.60 10/19/11 Messiah Village (Memorial Service) $ 1,103.46 11/1/11 Michael Heisey (Travel Expense Henry's flight) $ 375.00 11/18/11 Capital Area Health Associates $ 29.60 11/23/11 Glenn Heisey (reimbursement for Estate Postage) $ 12.04 11/23/11 Glenn Heisey (reimbursement JoAnn Heisey Death Certificates) $ 37.00 2/22/12 Glenn Heisey (reimbursement Boreman & Babb Tax Preparation) $ 180.00 2/27/12 PA Department of Revenue (2011 State Income Tax) $ 71.00 7/9/12 Capital Area Health Associates $ 397.00 TOTAL LIABILITIES/EXPENSES $ 6,588.87 TOTAL PROBATE EXPENSES $ 21.376.34 SUBTOTAL $ 27,965.21 Exhibit "B" (continued) PROBATE EXPENSES Register of Wills, Agent PA Inheritance tax $18,800.00 Reager & Adler, PC Attorney's Fees/Cost $ 2.576.34 TOTAL PROBATE EXPENSES $ 21,376.34 Exhibit "C" SCHEDULE OF DISTRIBUTION James Richard Heisey - The Exxon Mobile Corporation stock of the decedent was transferred to the beneficiaries, James Richazd Heiesy received 405 shazes. The sum of $3,233.93 his one fourth shaze of the residual estate will be issued in the form of a check from the Estate Checking Account. Michael Denis Heisey - The Exxon Mobile Corporation stock of the decedent was transferred to the beneficiaries, Michael Denis Heisey received 658 shazes. The sum of $3,233.93 his one fourth shaze of the residual estate will be issued in the form of a check from the Estate Checking Account. William Keith Heisey -The Exxon Mobile Corporation stock of the decedent was transferred to the beneficiazies, William Keith Heieey received 658 shares. The sum of $3,233.93 his one fourth share of the residual estate will be issued in the form of a check from the Estate Checking Account. Glenn Phillip Heisey -The Exxon Mobile Corporation stock of the decedent was transferred to the beneficiaries, Glenn Phillip Heiesy received 659 shazes. The sum of $3,233.93 his one fourth shaze of the residual estate will be issued in the form of a check from the Estate Checking Account.