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HomeMy WebLinkAbout01-24-13 t - ~ n C d ESTATE OF BETTY J. DONOVAN rIt File No. 21-12-0134 t FAMILY SETTLEMENT AGREEMENT I- rte, r Cil THIS AGREEMENT made this -XI-L" day of 2013, BETWEEN: DIXIE LEE COONS, being the- legatee under the Last Will and Testament of Betty J. Donovan, late of the Township of South Newton, Cumberland County, Pennsylvania, AND DIXIE LEE COONS, Executrix of the Estate of Betty J. Donovan, deceased, WHEREAS, Betty J. Donovan died January 18, 2012, testate; and WHEREAS, Letters Testamentary were granted to Dixie Lee Coons on January 31, 2012, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Betty J. Donovan have been liquidated or distributed and all her debts paid in full; and WHEREAS, the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Executrix, the said party hereto desires 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 desires that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 NOW, THEREFORE, WITNESSETH, that the party 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 her distributive share as therein shown, does bind herself to the said Distribution and Accounting as set forth and further mutually releases Dixie Lee Coons, Executrix, from all claims and demands whatsoever arising out of settlement of the Estate of Betty J. Donovan. The party hereto does further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, she does hereby covenant and agree with the aforesaid personal representative that she will contribute pro rata her 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. IN WITNESS WHEREOF, the party has hereunto set her hand and seal the day and year first above written. WITNESS: .r A F` AL i` Dixie Lee Coons P WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the day of r 2013, before me, the undersigned officer, personally" appeared DIX LEE COONS, 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. E L) { COMMONWEALTH OF PENNSYLVAN4 NOTARIAL SEAL Jerry A. Weigle. Notary Pubic City of Shippensburg, Cum' eriand County My Commission Expires Octoner 7, 2014 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0134 Estate of Betty J. Donovan, Deceased Late of Township of South Newton Account Dixie Lee Coons, Executrix Date of Death: 01/18/2012 Date of Incapacity, if any: None Date of Executrix's Appointment: 01/31/2012 Date of First Complete Advertisement: 04/20/2012 Accounting for the period: 01/18/2012 to 01/17/2013 Purpose of Account: Dixie Lee Coons, 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 & Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 SUMMARY OF ACCOUNT Estate of Betty J. Donovan, Deceased For h period of January 18, 2012 through January 17, 2013 Fiduciary Current Acquisition PAGES Value Value Proposed Distributions to Beneficiaries 14 59,661.93 59,661.93 PRINCIPAL Receipts: This Account 3-4 129,665.06 Net Gain (or Loss) on Sales or Other Dispositions 0.00 129,665.06 Less Disbursements: Debts of Decedent 5 2,875.27 Funeral Expenses 5 1,660.00 Administration Expenses 5-6 4,734.36 Federal, State & Local Taxes 6 4,648.07 Commissions 0.00 Fees 7 4,000.00 Family Exemption 0.00 17,917.70 Balance Before Distributions 111,747.36 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 8 52,113.30 Principal Balance on Hand 9 59,634.06 For Information: Investments Made Changes in Holdings 10 INCOME Receipts This Account 11 27.87 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 27.87 Less Disbursements 0.00 Balance Before Distributions 27.87 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 12 27.87 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 13 59,661.93 Signature 15 Verification 16 -2- SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash Adams County National Bank Certificate of Deposit 16,000.00 160483 - opened 10-21-02, joint with Dixie L. Coons, daughter Accrued interest on above item through date of death 17.59 M & T Bank Checking Account 32906 4,206.65 Accrued interest on above item through date of death 0.00 M & T Bank Checking Account 71222 92.98 Total Cash 20,317.22 Personal Property 1969 Chevrolet Chevelle Malibu 7,550.00 2003 Chevrolet Cavalier Sedan 4,964.00 Personal Property - per appraisal 1,750.00 Total Personal Property 14,264.00 Real Estate Residence - 416 West Main Street, Walnut Bottom, 92,780.00 PA, 17266 - sold 8-3-12 Total Real Estate 92,780.00 Total Receipts 127,361.22 Subsequent Principal Receipts 03/13/2012 Century Link - refund at cancellation 9.05 02/16/2012 Commonwealth of PA - final pension benefit 273.53 08/03/2012 County Tax Proration at real estate settlement 115.52 08/21/2012 Elizabethtown Insurance Company - refund at 24.09 cancellation 03/28/2012 J. C. Taylor Insurance - refund of auto premium 47.00 07/16/2012 PA Department of Revenue - 2011 property tax rebate 500.00 03/2112012 PA Treasury Department - state income tax refund 96.00 08/03/2012 School Tax Proration at real estate settlement 1,033.05 05/29/2012 U. S. Treasury - 2011 federal income tax refund 169.00 02/2212012 United Healthcare Services - refund 36.60 -3- SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value Total Subsequent Principal Receipts 2,303.84 Total Adjustments and Subsequent Receipts 2,303.84 Total Receipts of Principal 129,665.06 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 01/31/2012 M & T Bank Checking Account 32906 - checks 265.50 clearing after date of death 01131/2012 M & T Bank Line of Credit 44988 - pay off 1,920.26 02/03/2012 PPL 116.41 02/12/2012 Kough's Oil Service 433.10 03/08/2012 Quantum Imaging 140.00 Total Debts of Decedent 2,875.27 Funeral Expenses 03/10/2012 Cumberland Memorial Gardens - engraving 490.00 03/1412012 Coons Garage - opening and closing grave 1,170.00 Total Funeral Expenses 1,660.00 Administration Expenses 01/31/2012 Register of Wills, Cumberland County - Letters 277.50 Testamentary and Short Certificates 02/21/2012 PPL 34.85 02/28/2012 Ausherman Brothers Real Estate - appraisal of real 300.00 estate 02/28/2012 Kough's Oil Service 187.96 03/03/2012 Snoke's Tax Service - 2011 tax preparation 42.00 03105/2012 UPS - return DISH receiver 9.19 03/22/2012 PPL 28.95 03128/2012 Donna Brobst, Tax Collector - 2012 real estate tax 280.01 04/09/2012 Commonwealth of PA - transfer of Chevelle 103.50 0410912012 Cumberland Law Journal - advertising Letters 75.00 Testamentary 04/09/2012 Kough's Oil Service 90.44 04/09/2012 Sollenberger's Title Transfer - transfer of Cavalier 109.50 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 04/09/2012 Terry L. Sheffer, Auctioneer - appraisal of personal 125.00 property 04/24/2012 PPL 23.23 05/20/2012 Lowe's - dehumidifier for real estate 238.48 05/23/2012 PPL 21.59 05/24/2012 News Chronicle - advertising Letters Testamentary 104.75 06/2912012 PPL 51.83 07/2612012 PPL 67.23 08/03/2012 Real Estate Settlement Expenses - including deed 2,318.53 preparation fee ($220.00); overnight fee ($15.00); realty transfer tax ($927.80); tax certification fee ($20.00); and 2012 school tax ($1,135.73) 08/18/2012 PPL 34.82 09/18/2012 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 09/25/2012 Register of Wills, Cumberland County - additional 50.00 probate fee 01/17/2013 Linda K. Klein - notary fee 20.00 01/17/2013 Weigle & Associates, P.C. - reserve for filing Family 75.00 Settlement Agreement with Register of Wills, Cumberland County 01/1712013 Weigle & Associates, P.C. - reimbursement for 50.00 postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Exnenses 4,734.36 Federal. State. and Local Taxes 03119/2012 Register of Wills, Cumberland County - PA 4,400.00 Inheritance Tax paid at discount 09/1812012 Register of Wills, Cumberland County - balance of PA 248.07 Inheritance Tax Total Taxes 4,648.07 -6- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Fees 07/25/2012 Weigle & Associates, P.C. - partial payment of 2,000.00 attorney fee 09/18/2012 Weigle & Associates, P.C. - balance of attorney fee 2,000.00 Total Fees 4,000.00 TOTAL DISBURSEMENTS OF PRINCIPAL 17,917.70 -7- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Dixie Lee Coons 01/27/2012 Adams County National Bank Certificate of Deposit 24.81 160483 - interest check - CASH 04/09/2012 1969 Chevrolet Chevelle Malibu - IN KIND 7,550.00 04/09/2012 2003 Chevrolet Cavalier Sedan - IN KIND 4,964.00 04/09/2012 Personal Property - IN KIND 1,750.00 08/14/2012 Partial Distribution - CASH 7,376.80 09128/2012 Partial Distribution - CASH 183.85 09/28/2012 Partial Distribution - CASH 1,499.32 10/03/2012 Partial Distribution - CASH 9,221.00 11/08/2012 Partial Distribution - CASH 844.20 11/10/2012 Partial Distribution - CASH 1,000.00 11/23/2012 Partial Distribution - CASH 1,499.32 12/17/2012 Partial Distribution - CASH 5,000.00 01/05/2013 Partial Distribution - CASH 10,200.00 01111/2013 Partial Distribution - CASH 1,000.00 52,113.30 TOTAL DISTRIBUTIONS TO BENEFICIARIES 52,113.30 -8- PRINCIPAL BALANCE ON HAND Current Value Fiduciary 01/17/2013 Acquisition # Units Description or as Noted Value .ash Estate Checking Account 59,634.06 59,634.06 Total Cash 59,634.06 59,634.06 59,634.06 59,634.06 -9- SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS # Units -QQ9 1969 Chevrolet Chevelle Malibu 01/1812012 Inventoried 7,550.00 04/09/2012 Distributed -7,550.00 0.00 2003 Chevrolet Cavalier Sedan 01118/2012 Inventoried 4,964.00 04/09/2012 Distributed -4,964.00 0.00 Personal Property 01/18/2012 Inventoried 1,750.00 04/09/2012 Distributed -1,750.00 0.00 Total 0.00 -10- 1 ! • r SCHEDULE G RECEIPTS OF INCOME Interest/Bank Adams County National Bank Certificate of Deposit 160483 01/27/2012 interest 7.22 02/21/2012 final interest at closing 16.80 24.02 Estate Checking Account 02/2912012 0.04 03/30/2012 0.12 04/30/2012 0.09 05/31/2012 0.09 06/2912012 0.08 07/31/2012 0.08 08/3112012 0.64 09/28/2012 0.71 10/31/2012 0.73 11/30/2012 0.64 12/31/2012 0.63 3.85 TOTAL BANK INTEREST 27.87 TOTAL RECEIPTS OF INCOME 27.87 -11 - INCOME BALANCE ON HAND Current Value Fiduciary 01/17/2013 Acquisition # Units Description or as Noted Value CASb Estate Checking Account 27.87 27.87 Total Cash 27.87 27.87 27.87 27.87 -12- w COMBINED BALANCE ON HAND Current Value Fiduciary 01/17/2013 Acquisition # Units Description or as Noted Value .ash Estate Checking Account 59,661.93 59,661.93 Total Cash 59,661.93 59,661.93 59,661.93 59,661.93 -13- PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 01/17/2013 Acquisition or as noted Value TO: Dixie Lee Coons Final Distribution - CASH 59,661.93 59,661.93 59,661.93 59,661.93 Total 59,661.93 59,661.93 -14- 1 w r In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0134 Estate of Betty J. Donovan, Deceased Signature Dixie Lee Coons, Executrix -15- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0134 Estate of Betty J. Donovan, Deceased Verification Dixie Lee Coons, Executrix under the Last Will and Testament of Betty J. Donovan, 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: Dixie Lee Coons, Executrix -16-