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HomeMy WebLinkAbout12-11-12 (2)~~ " ~ r" :.~ ~ ao m n rn c~ ~,c ~~ n ~ c~a ~~ r~*t x n r- ~ ~,.., ~ r i-rr a ~ r ... ~ ~ ~ ~ ~_-' ~ -~ e~ n ~~ ~ ~ - te ESTATE OF ANNA S. MAC PHERSON ~; ~ ~-' ` a +~' n: File No. 21-12-0020 y- ~•~ FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this day of 2012 BETWEEN: SAINT ANDREW'S EPISCOPAL CHURCH, ADAM BARNER, ZACHARY BARNER, JANE MOTTER, MARY SEAVERS, MARGARET SEAVERS, and BARBARA BOTTIGLIERI HENNING, being the specific legatees under the Last Will and Testament of Anna S. MacPherson, and SUSAN BARNER, being the residuary legatee under the Last Will and Testament of Anna S. MacPherson, late of the Borough of Shippensburg, Cumberland County, Pennsylvania, AND MARY SEAVERS, Executrix of the Estate of Anna S. MacPherson, deceased, WHEREAS, Anna S. MacPherson died October 9, 2011, testate; and WHEREAS, Letters Testamentary were granted to Mary Seavers on January 6, 2012, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Anna S. MacPherson have been liquidated or distributed and all her debts paid in full; and WHEREAS, there are not sufficient funds to honor in full the specific bequests provided for in Anna S. MacPherson's Last Will and Testament, and no funds whatsoever to make any distribution to the residuary legatee; and WEIGLE & ASSOCIATES, P.G. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~{ i~• WHEREAS, the period of four 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, 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 Mary Seavers, Executrix, from all claims and demands whatsoever arising out of settlement of the Estate of Anna S. MacPherson. 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 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 may be successfully prosecuted against the said estate or the aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. WEIGLE & ASSOCIATES, P.G. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ ~ '~ ~ IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: SAINT ANDREW'S EPISCOPAL CHURCH Pte..:, A -~ iI BY~~ ° 1 AL) The Rev. Barbara A. Hutchinson Rector (SEAL) Adam er -~ (SEAL) achary Barner I ~~ 1c.~, ,L%~l~-t:~-'~-~ (SEAL) ,'Jane Molter J Gw-eh.~ (SEAL) Mar Seavers ~ q~l«~+ ~%~--~" ~,~~°~~°tJ-~'~°~ (SEAL) Margaret Seavers a Barbara1 Botti ~' jri Henning Susan Barner WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-7397 J f s` COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this the ~ '-'' day of ~ 7:~.U¢n~..~~ , 2012, before me, the undersigned officer, personally appeared The Rev. Barbara A. Hutchinson, who acknowledged herself to be the Rector of SAINT ANDREW'S EPISCOPAL CHURCH, a corporation, and that she as such Rector, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by herself as Rector. IN WITNESS WHEREOF, I hereunto set my hand and official seal. S'}'"n~"c o ~c Ma r~/'~Qr~ j`~111Q11~Tf14d`~~i TTT (1T' Tr"T~rovr ~~nAT7A L v 1 Lrn \l.TT"Z7Tl"121'iTl . .. ~ ~,~'~~,.,. L) Notarial Seal Linda K, Klein, Notary Public Si~pensburg, PA Cumberland County, ~V Commission Expires Autust 15, 2016 . SS COUNTY OF '~.~~'~ m©~~ On this, the ~ day of 2012, before me, the undersigned officer, personally ppeared ADAM BARNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 77257-7397 ,. ., COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~r/"i~~~~~,n~ . On this, the GJ da of lV (~~,~Yl t~i~.(-' Y 2012, before me, the undersigned officer, personally appeared ZACHARY BARNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH dr= t^•ENNSYLVANIA NOTARIAL SEA! A PAMELA A, SbVITAL I<I. Noary Public r ~ ~~-~I~ (SEAL) BOtoof Shippensburg, Cu~+corlard County My Commissicn Expires PJlarch 24, 2014 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the ~~~~ ~ day of ~~`~ti~~~ 2012, before me, the undersigned officer, personally appeared JANE MOTTER, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ~ i , NOTARIAL SEAL Jerry A. WeitJlo, Notary Pubt City of Shipp©neburp: r;am4~eP?anti ~cunty My Commission Expires U~tobar ; , 2014 WEIGLE 6c ASSOCIATES, P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, PA 7 72 57-13 9 7 ,, I '' ~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the ~ ~ `~ day of ~~~~.erC~te,. 2012, before me, the undersigned officer, personally appeared MARY SEAVERS, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. `-; ~ `-~ i~~-'~-.~'w' SEAL ( ) Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County My Commission Ex fires Autust 15, 2016 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ,t On this, the '' day of ~'~,~~~ 2012 before me, the undersigned officer, personally appeared MARGARET SEAVERS, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r ,~ ~ti Gr , ~__ ' ~~ (SEAL) CCMMONwEAL7`N C)F~~:r~vrv~ ANIA NOTARiA.t_ SEAL. ,ferry A. Weigle, Notary Pu iic City of Shippensburg, Cumberland County My Commission Expires October 7, 2014 WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-7397 ,. u~~ v~ f ,~~ COMMONWEALTH OF ; SS COUNTY OF Sables C"I-~ On this, the ~~ day of ~()Jfi+^~b~/ 2012, before me, the undersigned officer, personally appeared BARBARA BOTTIGLIERI HENNING, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .... CHAD RICHARD BRADLEY Notary Public Commonwealth o! Virginia 1386750 My Commission Ext>ires Jul 31, 2015 5 '~4 7 ~-. ~ I br 1 V~ l /~ I'OL/rJff' OF P ; SS COUNTY OF ~r~ do < < ; (SEAL) On this, the `~ day of N~VeM ~~ 2012 before me, the undersigned officer, personally appeared SUSAN BARNER, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~p T,q~ -~ COMl1~~OyZ017 G '- ~ WEIGLE 6c ASSOCIATES, P.C. -ATTORNEYS AT LAW - i26 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~. ~ c In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0020 Estate of Anna S. MacPherson, Deceased Late of Borough of Shippensburg, Cumberland County First and Final Account Mary Seavers, Executrix Date of Death: 10/09/2011 Date of Incapacity, if any: None Date of Executrix's Appointment: 01/06/2012 Date of First Complete Advertisement: 01/20/2012 Accounting for the period: 10/09/2011 to 10/09/2012 Purpose of Account: Mary Seavers, Executrix, offers 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 ~~ .SUMMARY OF ACCOUNT Estate of Anna S. MacPherson, Deceased For h period of October 9, 2011 through October 9, 2012 Proposed Distributions to Beneficiaries PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State 8ti Local Taxes Commissions Fees Family Exemption Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements Balance Before Distributions Transfer to (from) Income Distributions to Beneficiaries Income Balance on Hand For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND Signature Verification PAGES 12 - 13 Fiduciary Current Acquisition Value Value 38,048.02 38,048.02 3 - 4 67,629.37 0.00 67,629.37 5 16,388.80 0.00 5 - 6 615.25 6 5,500.00 6 3,166.00 6 3,916.00 0.00 29,586.05 38,043.32 0.00 0.00 7 38,043.32 8 9 4.70 0.00 4.70 0.00 4.70 0.00 0.00 10 4.70 11 14 15 38,048.02 -2- ~' 4 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) ~b Fiduciary Acquisition Value Check on hand at date of death - HMA Physician 15.60 Management refund M 8~ T Bank Certificate of Deposit 14452063 3,731.56 Accrued interest on above item through date of death 8.74 M & T Bank Checking Account 97370118 18,111.64 Accrued interest on above item through date of death 0.02 M S T Bank Savings Account 14183664 28,166.70 Accrued interest on above item through date of death 0.06 Total Cash Personal Pro ert 50,034.32 y p Diamond Ring 250.00 Total Personal Property 250.00 Total Receipts 50,284.32 02/21/2012 Subsenuent Principal ReceiRtg Blue Cross/Blue Shield -benefit check 169.02 11/30/2011 Claremont Nursing 8~ Rehabilitation Center -refund 4,502.12 03/20/2012 Claremont Nursing & Rehabilitation Center -refund 1,567.29 10/02/2012 Commonwealth of PA, Department of Revenue - PA 31.84 inheritance tax refund 01/24/2012 Federal Employees Group Life Insurance 4,267.99 11/01/2011 Fogelsanger-Bricker Funeral Home -refund 267,44 10/26/2011 Highmark Blue Shield -benefit check 1,637.50 11/16/2011 Highmark Blue Shield -benefit check 1,292.50 11/23/2011 Highmark Blue Shield -benefit check 5.71 12/05/2011 Highmark Blue Shield -benefit check 125.44 02/21/2012 Highmark Blue Shield -benefit check 1,392.50 02/21/2012 Highmark Blue Shield -benefit check 557.50 02/21/2012 Highmark Blue Shield -benefit check 14.98 04/12/2012 U. S. Treasury - 2011 federal income tax refund 1,513.22 Total Subsequent Principal Receipts 17,345.05 -3- . ~ r SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value Total Adjustments and Subsequent Receipts ~7,345.os Total Receipts of Principal s~,s2s.37 -4- ~ ~ ~ SCHEDULE C DISBURSEMENTS OF PRINCIPAL 01/06/2012 M & T Bank Checking Account 97370118 -check 8,960.00 outstanding at date of death to Claremont Nursing & Rehabilitation Center 01/10/2012 C V Neuro Consultants 30.00 01/11/2012 Alert Pharmacy Services 138.47 01/26/2012 Cumberland Goodwill Fire Rescue EMS -insurance 3,130.00 payments 01/31/2012 Carlisle Regional Medical Center 849.13 01/31/2012 Chambersburg Hospital 8.19 01/31/2012 Chambersburg Imaging Associates 17.54 01/31/2012 Milton S. Hershey Medical Center -hospital services 350.00 01/31/2012 Milton S. Hershey Medical Center Physician Groups 48.94 01/31/2012 Mount Rock Inpatient Services 64.35 01/31/2012 Quantum Imaging 15.14 02/02!2012 Alexander Springs Emergency Physicians 25.34 02/02/2012 Quantum Imaging 10.49 02/21/2012 Cumberland Goodwill Fire Rescue EMS -insurance 657.50 payments 02/21/2012 Cumberland Goodwill Fire Rescue EMS -insurance 1,392.50 payments 03/27/2012 Cardiology Diagnostic 2.25 03/27/2012 Mobile X-Ray Imaging, Inc. 484.78 04/26/2012 Milton S. Hershey Medical Center -hospital services 204.18 Total Debts of Decedent Administration Expenses 01/06/2012 Register of Wills, Cumberland County -probate fee, 145.50 Letters Testamentary, and Short Certificates 01/10/2012 Cumberland Law Journal -advertising Letters 75.00 Testamentary 02/09/2012 News Chronicle -advertising Letters Testamentary 104.75 05/24/2012 Ludwig's Jewelers -appraisal of diamond ring 50.00 16,388.80 -5- t , , ' E SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 05/29/2012 Register of Wills, Cumberland County -filing PA Inheritance Tax Return 06/05/2012 Register of Wills, Cumberland County -additional probate fee 10/09/2012 Linda K. Klein -notary fee 10/09/2012 Weigle 8~ Associates, P.C. -reserve for filing Family Settlement Agreement with Register of Wills, Cumberland County 10/09/2012 Weigle 8~ Associates, P.C. -reimbursement for postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses Federal. State, and Local Taxes 01/06/2012 Register of Wills, Cumberland County - PA Inheritance Tax payment at discount Total Taxes Commissions 05/29/2012 Mary Seavers, Executrix Total Commissions Fees 10/09/2012 Weigle 8 Associates, P.C. Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 15.00 45.00 25.00 100.00 55.00 615.25 5, 500.00 5,500.00 3,166.00 3,166.00 3,916.00 3,916.00 29,586.05 -6- ~ 1 , ^ PRINCIPAL BALANCE ON HAND # Units Description lash Estate Checking Account Total Cash ASSStS Diamond Ring Total Assets -7- Current Value Fiduciary 10/09!2012 Acquisition or as Noted Value 37,793.32 37,793.32 37,793.32 37,793.32 250.00 250.00 38,043.32 250.00 250.00 38,043.32 ~ o , ' ~ SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS 10/09/2011 Inventoried 250.00 Total 250.00 250.00 -8- .~ t t SCHEDULE G RECEIPTS OF INCOME M-~ T Bank Certifica 01/06/2012 te of Deposit 14452063 interest date of death to closing 3.12 3.12 M 8 T Bank Checkin 01/06/2012 g Account 97370118 interest date of death to closing 0.22 0.22 M 8~ T Bank Estate C 01 /12/2012 hecking Account 0.03 0.03 Ad & T Bank Savings 01/06/2012 Account 14183664 interest date of death to closing 1.33 1.33 TOTAL BANK INTEREST 4.70 TOTAL RECEIPTS OF INCOME 4.70 -9- . ~ d INCOME BALANCE ON HAND # Units Description Cash Estate Checking Account Total Cash -10- Current Value Fiduciary 10/09/2012 Acquisition or as Noted Value 4.70 4.70 4.70 4.70 4.70 4.70 , t ~ ~' ~ COMBINED BALANCE ON HAND Current Value Fiduciary # Units Description Dash Estate Checking Account ASSEtS Diamond Ring 37,798.02 37,798.02 Total Cash 37,798.02 37,798.02 250.00 250.00 Total Assets 250.00 250.00 38,048.02 38,048.02 -11 - '' ~ ~ ~' PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 10/09/2012 Acquisition or as noted Value TO: Adam Barner Specific Bequest -CASH - $5,000 specific bequest prorated to 11.63% of funds available for distribution TO: Barbara BottigJieri Henninu Specific Bequest -CASH - $5,000 specific bequest prorated to 11.63% of funds available for distribution TO: ,lane Motter Specific Bequest -CASH - $2,000 specific bequest prorated to 4.65% of funds available for distribution TO: Margaret Seavers Specific Bequest -CASH - $5,000 specific bequest prorated to 11.63% of funds available for distribution TO: May Seavers Diamond Ring - In Kind Specific Bequest -CASH - $20,000 specific bequest prorated to 46.50% of funds available for distribution, less asset taken In Kind TO: Saint Andrew's E i opal Church Specific Bequest -CASH - $1,000 specific bequest prorated to 2.33% of funds available for distribution 4,424.98 4,424.98 4,424.98 4,424.98 4,424.98 4,424.98 4,424.98 4,424.98 1,769.23 1,769.23 1,769.23 1,769.23 4,424.98 4,424.98 4,424.98 4,424.98 250.00 250.00 17,442.33 17,442.33 17,692.33 17,692.33 886.54 886.54 886.54 886.54 -12- ., ~,y,, PROPOSED DISTRIBUTIONS TO BENEFICIARIES Continued Current Value 10/09/2012 or as noted TO: Zachary Barner Specific Bequest -CASH - $5,000 specific bequest prorated to 4,424.98 11.63% of funds available for distribution Fiduciary Acquisition Value 4,424.98 4,424.98 4,424.98 Total 38,048.02 38,048.02 -13- ,, '~hc In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0020 Estate of Anna S. MacPherson. Deceased Signature Q~~ Mary Se vers, Executrix -14- 1 s-~ ~'r In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0020 _ Estate of Anna S. MacPherson, Deceased Verification Mary Seavers, Executrix under the Last Will and Testament of Anna S. MacPherson, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to his/her knowledge, there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters 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: ~~ ~(/ ~j Mary Seav rs, Executrix -15-