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HomeMy WebLinkAbout01-25-13 (2) f ~ ;:_: :~ ..> =~ rat C O ~~,yl ~"a ~ .-~ ~ -- `'7 r~.'+ Q7 ~`. _ ; , ~~~ /^ ~; .-._ -Y ESTATE OF D. EVELYN BRUNDZO ~=~ ~:-- ~.: ~' - `' _.. ~:-~ -: ., File No. 21-11-1289 : " r ~ ` ' ~, -ti, :,.: c_. - -, FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this C ,day of ~ , 2013, i BETWEEN: MATHEW J. BRUNDZO, DEBRA C. ROTZ, and VICTORIA A. SMITH, being the legatees under the Last Will and Testament of D. Evelyn Brundzo, late of the Township of Shippensburg, Cumberland County, Pennsylvania, AND MATHEW BRUNDZO, Executor of the Estate of D. Evelyn Brundzo, deceased, WHEREAS, D. Evelyn Brundzo died October 15, 2011, testate; and WHEREAS, Letters Testamentary were granted to Mathew Brundzo on December 2, 2011, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late D. Evelyn Brundzo 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 Executor, the said parties hereto desire to waive the duty of the Executor 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. WEIGLE Cx ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSE3URG, PA 17257-1397 ~~ r 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 Mathew Brundzo, Executor, from all claims and demands whatsoever arising out of settlement of the Estate of D. Evelyn Brundzo. 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 shares 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 parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~^ -- (SEAL) Math J. B dzo ./~ ~~4I .~~-max,, L I~ (SEAL) Debra C. Rotz ~,; ,/ ~~ ~ ~~~ SEAL) Victoria A. , mith WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - iZ6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 t 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the ~ f day of ,CE,rn,t.~ci-ti.L 2013, before me, the undersigned officer, personally appeared MATHEW J. BRUNDZO, 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 W[TNESS WHEREOF, I hereunto set my hand and official seal. ~- ,~,t,._.,.~- /( t~s~ c.:1.- (SEAL) Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberiand County MY Commission Expires qutust 15, 2016 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND r-~.- On this, the ~ `` day of ~ - ~ ~~.,- 2013, before me, the undersigned officer, personally appeared DEBRA C. ROTZ, 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. Notarial Seal Linda K. Klein, Notary Public ~ ,~ Shippensburg, PA Cumberland Coun ~,~~; - Commission Expires Autust 15, 2016 ~ .-~.,c-~,~.~. SEAL) WEIGLE be ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~; i COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF I~C~V, \(' C.~ ~~^~l~ ~_~ 4 ~~~ On this, the day of '' ~ ~ 2013, before me, the undersigned officer, personally appeared VICTORIA A. SMITH, 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. ~L) WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~..,.............4.........,.,.»~....,_~.~.A ... _ ~ ._, ........, _, t ~~ ~ In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-11-1289 Estate of D. Evelyn Brundzo, Deceased Shippensburg Township, Cumberland County Account Mathew Brundzo, Executor Date of Death: 10/15/2011 Date of Incapacity, if any: None Date of Executor's Appointment: 12/02/2011 Date of First Complete Advertisement: 01/06/2012 Accounting for the period: 10/15/2011 to 01/10/2013 Purpose of Account: Mathew Brundzo, Executor, 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 7171532-7388 Supreme Court I.D. No. 01624 ~' •~ SUMMARY OF ACCOUNT Estate of D. Evelyn Brundzo, Deceased For the period of October 15, 2011 th~n~~fl lane ~~ n~'t Proposed Distributions ~~ to Beneficiaries 13 PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State & 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 3-4 Fiduciary Current Acquisition Value Value 3b, 7 69.313 35,169.38 84,430.55 0.00 84,430.55 5 5 5-7 7 7 7 8 9 10 2,344.92 6,410.48 10,060.21 2,466.04 4,115.00 4,865.00 0.00 30,261.65 54,168.90 0.00 19,000.00 35,168.90 0.48 0.00 0.48 0.00 0.48 0.00 0.00 11 0.48 12 35,169.38 14 15 -2- .i SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) Fiduciary Acquisition Value C~i1 Citizens Bank Checking Account 00199 Citizens Bank Checking Account 00199 -direct deposits to account after date of death (pension checks) Citizens Bank Savings Account 33968 Citizens Bank Savings Account 33968 -credited after date of death Accrued interest on above item through date of death Total Cash Personal Proms Personal Property -gross proceeds of public sale 6 -28-12 Total Personal Property Real E a ~ _ Residence at 30 South Washington Street, Borough of Shippensburg -Cumberland County, PA -sold 7-24 -2012 Total Real Estate 3,203.14 705.42 12,589.26 1, 000.00 0.16 17,497.98 3,289.75 3,289.75 58,000.00 Total Receipts 07/24/2012 09/17/2012 07/24/2012 11 /03/2011 10/24/2011 11 /23/2011 04/02/2012 ~b anent Principal Recei~ County Tax Proration at real estate settlement 266.85 Miscellaneous refund 125.00 School Tax Proration at real estate settlement 1,225.61 Senior Care Operations Holding -refund 1,029.00 Stonebridge Life Insurance -refund of premium 41.44 Stonebridge Life Insurance -policy proceeds 2,012.92 U. S. Treasury - 2011 federal income tax refund 942.00 Total Subsequent Principal Receipts Total Adjustments and Subsequent Receipts 78,787.73 58,000.00 5,642.82 5,642.82 -3- f .y SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value Total Receipts of Principal s4,43o.ss -4- .r ~ SCHEDULE C DISBURSEMENTS OF PRINCIPAL 1 2/1 51201 1 Citizens Bank Checking Account 00199 -checks 1,639.85 clearing after date of death and debits and transfers from account after date of death 12/21/2011 Care First Pharmacy Services 281.78 12/21/2011 Central Penn Gas 164.04 12/21/2011 Hershey Care 48.67 12/21/2011 Penelec 79.41 06/20/2012 Commercial Acceptance Company -ambulance fee 131.17 Total Debts of Decedent Funeral Expenses 12/29/2011 Dugan Funeral Home 5,985.48 07/30/2012 Greencastle Bronze ~ Granite 425.00 Total Funeral Expenses Administration Ex enses 12/02/2011 Register of Wills, Cumberland County -Letters 261.50 Testamentary and Short Certificates 1 2/2 712 01 1 Cumberland Law Journal -advertising Letters 75.00 Testamentary 12/29/2011 Shippensburg Borough - dumpster fee 99.40 01/17/2012 News Chronicle -advertising Letters Testamentary 104.75 01/17/2012 Orrstown Bank -estate checks fee 11.25 01/17/2012 Shippensburg Borough -water, sewer, refuse 134.19 01/26/2012 Penelec 30.78 01/28/2012 Central Penn Gas 132.76 02/14/2012 Central Penn Gas 132.76 02/14/2012 Penelec 51.30 03/03/2012 Shippensburg Borough -water, sewer, refuse 125.40 03/21/2012 Central Penn Gas 119.10 2,344.92 6,410.48 -5- r ~ ~ ..y SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 03/23/2012 Shippensburg Little League - 2011 tax preparation 50.00 03/27/2012 Shippensburg Borough -dumpster rental 25.00 04/03/2012 Shippensburg Borough -water, sewer, refuse 131.79 04/11/2012 Charles Martin -appraisal of personal property 65.00 04/17/2012 Orrstown Bank -estate checks fee 11.50 05/01/2012 Central Penn Gas 43.87 05/01/2012 Shippensburg Borough Tax Office - 2011 county real 594.52 estate tax 05/23/2012 Central Penn Gas 40.34 05/23/2012 Penelec 8.22 05/23/2012 Shippensburg Borough -dumpster rental 63.20 05/29/2012 Wal Mart -supplies 74.61 06/21/2012 Central Penn Gas 24.35 06/22/2012 Penelec 10.86 06/27/2012 Chambersburg Rental Service, Inc. -tent rental for 302.10 public sale 06/28/2012 Expenses of public sale of personal property 1,161.15 06/30/2012 Spraying for bugs at sale 21.19 06/30/2012 Whitter's Septic 8 Sanitation -ports-a-potty for public 79.50 sale 07/02/2012 Shippensburg Borough -water, sewer, refuse 131.75 07/16/2012 Central Penn Gas 21.88 07/16/2012 John O'Donnell -snow removal and painting 85.00 07/20/2012 Penelec 23.55 07/24/2012 Real Estate Settlement Expenses -including realtor 5,557.71 commission ($3,480.00); deed preparation ($95.00); realty transfer tax ($580.00); 2012-13 school taxes ($1,308.04); and final water, sewer billing ($94.67) 07/26/2012 Carl Brandt, Jr. -lawn mowing 50.00 08/02/2012 Central Penn Gas 10.66 08/02/2012 Penelec 37.27 09/19/2012 Register of Wills, Cumberland County -filing PA 15.00 Inheritance Tax Return 01/10/2013 Linda K. Klein -notary fee 22.00 01/10/2013 Weigle 8~ Associates, P.C. -reserve for filing Family 75.00 Settlement Agreement with Register of Wills, Cumberland County -6- I 'r ~ ~ SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 01/10/2013 Weigle & Associates, P.C. -reimbursement for postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses Federal State. and Local Taxes 09/19/2012 Register of Wills, Cumberland County - PA Inheritance Tax 01/03/2013 Register of Wills, Cumberland County - PA Inheritance Tax final interest due Total Taxes Commissions 07/26/2012 Mathew Brundzo 09/24/2012 Mathew Brundzo Total Commissions Fees 1 212 6/2 01 1 Weigle 8 Associates, P.C. 04/11/2012 Weigle 8 Associates, P.C. 09/19/2012 Weigle 8~ Associates, P.C. 01/10/2013 Weigle 8 Associates, P.C. Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 45.00 10,060.21 2,452.37 13.67 2,466.04 2,000.00 2,115.00 4,115.00 1,000.00 1,000.00 1,000.00 1,865.00 4,865.00 30, 261.65 -7- t ~,.~ SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Debra C. Rotz 10/17/2012 Partial Distribtion -CASH 10.000.00 10,000.00 Mathew J. Brundzo 1 211 2/2 01 2 Partial Distribution -CASH 9,000.00 9,000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 19,000.00 -8- r 1 ~ .y PRINCIPAL BALANCE ON HAND # Units Description s~as~ Orrstown Bank Estate Checking Acc Total Cash Current Value Fiduciary 01/10/2013 Acquisition 35,168.90 35,168.90 35,168.90 35,168.90 35,168.90 35,168.90 -9- { y , ~ SCHEDULE G RECEIPTS OF INCOME Citizens Bank Savings Account 33968 12/15/2011 interest date of death to closing TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 0.48 0.48 0.48 0.48 -10- r ~,.rt INCOME BALANCE ON HAND Current Value Fiduciary 01/10/2013 Acquisition # Units Description or as Noted Value Cash Orrstown Bank Estate Checking Acc 0.48 0.48 Total Cash 0.48 0.48 0.48 0.48 -11 - ___ 1 ~ .. ~I COMBINED BALANCE ON HAND Current Value Fiduciary AA/AA/~fAA9 ~ ... # Units Description dash Orrstown Bank Estate Checking Acc Total Cash 35,169.38 35,169.38 35,169.38 35,169.38 35,169.38 35,169.38 -12- .{.- •.~ ISTRIBUTIONS TO BENEFICIARIES PROPOSED D Current Value Fiduciary 0111012013 Acquisition Value or as noted TO: less prior distribution ($10,000.00) - One-Third Share ($18,056.46) CASH 8,056.46 8,056.46 8,05 46 6 8,056.46 9,056.46 9.056.46 One-Third Share ($18,056.46) less prior distribution ($9,000.00) - CASH 9,056.46 9,056.46 18,056.46 18.056.46 TO: v'~tc~ria A._$1[RLtLI. One-Third Share ($18,056.46) -CASH 18,056.46 18,056.46 35,169.38_ 35,169.38 Total -13 ,~~- . _r In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-11-1289 ____ Estate of D. Evelyn Brundzo, Deceased Signature Mat ew Brun o, Execut -14- --.i .:,~ In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-11-1289 Estate of D. Evelyn Brundzo, Deceased Verification Mathew Brundzo, Executor under the Last Will and Testament of D. Evelyn Brundzo, 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: Q ~ - j ~ - ZUj 3 Mathew Bru zo, Exe utor -15-