HomeMy WebLinkAbout01-31-13...; ,~
ESTATE OF SAUNDRA L. THOMAS _~ ~-~-' „:`' '~`~
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File No. 21-11-0988 ` ~` j~ ~~ `~~~~: ~ ~-
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FAMILY SETTLEMENT AGREEMENT ~ ~ - ~ .
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THIS AGREEMENT made this ~J~day of ,~'~; X1~.~,~~.~ ' ,.,.;201,2, ~,,
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BETWEEN: ERIC B. THOMAS, JAMES THOMAS, KAREN J. THOMAS,
KEVIN R. THOMAS, and SCOTT THOMAS, being the heirs-at-law of Saundra L.
Thomas, late of the Township of Southampton, Cumberland County, Pennsylvania,
AND
KEVIN R. THOMAS, Administrator of the Estate of Saundra L. Thomas,
deceased,
WHEREAS, Saundra L. Thomas died March 17, 2011, intestate; and
WHEREAS, Letters of Administration were granted to Kevin R. Thomas on
September 16, 201 1, by the Register of Wills of Cumberland County, Pennsylvania; and
WHEREAS, all assets of the late Saundra L. Thomas 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 Administrator, the said parties hereto
desire to waive the duty of the Administrator 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.
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WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - i26 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ;° ,i
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 Kevin R. Thomas, Administrator, from all claims and
demands whatsoever arising out of settlement of the Estate of Saundra L. Thomas.
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
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~--Eric B. Thomas;:
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James Thomas
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Karen J. ~ oma~..-~
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,% . evin R. Thomas
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Sc Thomas
WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN58URC;, PA 17257-1397
COMMONWEALTH OF PENNSY VANIA
before me, the undersigned officer, personally appeared ERIC B. THOMAS, known to
SS
COUNTY OF
On this, the day of 2012,
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 OF PENNSYLVANIA
COUNTY OF ~ '"-~ ~1~+. ~ ~ t' t ~r-,: ~r~
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On this, the ~'~ '? ~" day of `~_17t.,i,t. f~. t_~-; 2012,
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before me, the undersigned officer, personally appeared JAMES THOMAS, 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.
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Notarial Seal
Linda K. Klein, Notary Public
Shippensburg, PA Cumberland County
WEIGLE & ASSOCIATES, P. C. - ATTORNEYS AT LAW - 126 EAST ~l~n ~A/~'17Z 7-]397
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the ~ ~~ da of ~' ' `! ~~~`~ ~~. 2012,
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before me, the undersigned officer, personally appeared KAREN J. THOMAS, 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.
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this the ~ ~ ~~ V~~ da of ~ ~~~_ ~~7i''~ 2012
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before me, the undersigned officer, personally appeared KEVIN R. THOMAS, 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.
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(SEAL)
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WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 E °i'C'tIrPC" STKtE.ET - SHIPPENSBURG, PA 17257-1397
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
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On this, the ~ ~,~ '~~ day of ~ 1"' ;~f,~` °~/ 2012,
before me, the undersigned officer, personally appeared SCOTT THOMAS, 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.
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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.
21-11-0988
Estate of Saundra L. Thomas. Deceased
Southampton Township, Cumberland County
First and Final Account
Kevin R. Thomas, Administrator
Date of Death:
Date of Incapacity, if any:
Date of Administrator's Appointment:
Date of First Complete Advertisement:
Accounting for the period:
03/17/2011
None
09/16/2011
09/30/2011
03/17/2011 to 11 /15/2012
Purpose of Account: Kevin R. Thomas, Administrator, 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 Saundra L. Thomas, Deceased
Eor the period of March 17~ 2011 through November 15, 2012
PAGES
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 Balarice 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 - 4 155,337.07
5 -700.87
154,636.20
6 14,326.70
6 10,641.22
6 - 7 924.75
7 3,886.63
0.00
7 6,587.00 'j
8 3,500.00 39,866.30
114 769.90
' ~.
0.00 ~
9 - 10 114,770.00
11 -0.10
12
13 0.10
o.oo
0.10
0.00
0.10
,. 0.00
0.00
14 0.10
15 0.00
16
17
-2-
SCHEDULE A
RECEIPTS OF PRINCIPAL
Assets Listed in Inventory
(Valued as of Date of Death)
Cash
American Community Federal Credit Union Checking
Account 624-55-1
American Community Federal Credit Union Checking
Account 624-55-1 -net of miscellaneous debits and
credits to account from date of death to closing on 11
-22-11
American Community Federal Credit Union Savings
Account 624-00-1
Accrued interest on above item through date of death
Total Cash
P
l P
t
ersona
roper
y
1998 Cadillac Eldorado -sold to Kevin Thomas on 4-5
-12 for payoff of debt totaling $2,799.13
Personal Property - at appraised values
Total Personal Property
R
l E
t
t
ea
s
a
e
Residence at 19 White House Road, Shippensburg -
Southampton Township, Cumberland County, PA
Total Real Estate
Total Receipts
06/09/2011 Subse uent Principal Receipts
Chambersburg Hospital -refund
03/31/2011 Contributions from family in equal shares -for
payment of grave site excavation ($585.00) and
funeral reception ($215.00)
10/03/2012 Contributions from family members - in equal shares
for payment of family exemption (unpaid to date)
05/23/2012 Contributions from family of insurance proceeds
toward funeral bill
12/27/2011 Contributions from Karen Thomas -for payment of
homeowner's insurance premiums
-3-
Fiduciary
Acquisition
Value
416.68
1,857.30
177.37
0.08
2,451.43
3,500.00
1,770.00
5,270.00
113,000.00
113,000.00
120,721.43
94.93
800.00
3,500.00
8,030.65
881.95
SCHEDULE A
RECEIPTS OF PRINCIPAL
Continued
10/31/2012 Contributions to be made by Kevin, Eric, Karen,
Scott, and James -for payment to Kevin to reimburse
him for payments of funeral ($1,810.57); Letters of
Administration ($320.50); appraisal fee ($135.00); cost
of filing Satisfaction of Claim ($10.00); and attorney
fees ($887.00) -totaling $3,153.07, less $139.70
retained by Kevin from decedent's checking account
06/28/2011 Lowe's -refund of credit balance
03/17/2011 M & T Bank -mortgage account 10087344690001
balance at date of death (assumed by beneficiaries of
estate)
04/18/2011 State Farm Insurance -refund of automobile premium
06/12/2012 Various Contributions from Eric Thomas -for
payment of debts, inheritance tax, administrative
expenses, and fees
06/12/2012 Various Contributions from James Thomas -for
payment of debts, inheritance tax, administrative
expenses, and fees
06/12/2012 Various Contributions from Karen Thomas -for
payment of debts, inheritance tax, administrative
expenses, and fees
06/12/2012 Various Contributions from Kevin Thomas -for
payment of debts, inheritance tax, administrative
expenses, and fees
06/12/2012 Various Contributions from Scott Thomas -for
payment of debts, inheritance tax, administrative
expenses, and fees
Total Subsequent Principal Receipts
3,023.37
31.88
10,645.62
77.24
1,570.00
200.00
1,570.00
3,020.00
1,170.00
Total Adjustments and Subsequent Receipts
Fiduciary
Acquisition
Value
34,615.64
34,615.64
Total Receipts of Principal 155,337.07
-4-
SCHEDULE B
GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL
~ i n Loss
04/05/2012 1998 Cadillac Eldorado -sold to Kevin Thomas for
payoff of car loan
Net Proceeds 2,799.13
Fiduciary Acquisition Value -3,500.00 -700.87
TOTAL GAINS AND LOSSES/PRINCIPAL
LESS LOSS
NET GAIN OR LOSS
-700.87
-700.87
-5-
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent
03/17/2011 M 8~ T Bank -mortgage account 10087344690001
balance at date of death (assumed by beneficiaries of
estate)
11/22/2011 State Farm Insurance -homeowner's premium
04/05/2012 DCM Services, LLC -pay off of car loan at Citi
Financial
Total Debts of Decedent
Funeral Ex ep nses
03/19/2011 Community Center -reception
03/19/2011 Country Corner -cemetery excavation
11/22/2011 Fogelsanger-Bricker Funeral Home - (Kevin Thomas
to be reimbursed for payment of $1,810.57)
Total Funeral Expenses
Administration Exaenses
09/16/2011 Register of Wills, Cumberland County -Letters of
Administration and Short Certificates (reimbursement
owed to Kevin Thomas)
09/21/2011 Cumberland Law Journal -advertising Letters of
Administration
11/03/2011 News Chronicle -advertising Letters of
Administration
11/10/2011 Register of Wills, Cumberland County -one Short
Certificate
03/15/2012 Recorder of Deeds, Cumberland County -recording
deed to beneficiaries
05/31/2012 Register of Wills, Cumberland County -filing PA
Inheritance Tax Return
06/30/2012 Terry Shetter, Auctioneer -appraisal of personal
property (reimbursement owed to Kevin Thomas)
10,645.62
881.95
2,799.13
215.00
585.00
9,841.22
320.50
75.00
104.75
4.00
64.00
15.00
135.00
14,326.70
10,641.22
-6-
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
07/05/2012 PA Department of Transportation - transfer of
automobile
07/20/2012 Register of Wills, Cumberland County -filing
Satisfaction of Claim against estate (reimbursement
owed to Kevin Thomas)
10/26/2012 Linda K. Klein -notary fee
10/26/2012 Weigle & Associates, P.C. -reserve for filing Family
Settlement Agreement with Register of Wills,
Cumberland County
10/26/2012 Weigle & Associates, P.C. -administrative costs for
postage, xerox copies, and long distance telephone
calls
Total Miscellaneous Administrative Exuenses
Federal, State, and Local Taxes
06/14/2012 Register of Wills, Cumberland County - PA
Inheritance Tax
11/06/2012 Register of Wills, Cumberland County -interest owed
on PA Inheritance Tax
Total Taxes
Fees
11/25/2011 Weigle & Associates, P.C.
01/02/2012 Weigle & Associates, P.C.
02/05/2012 Weigle 8~ Associates, P.C.
03/15/2012 Weigle & Associates, P.C.
04/10/2012 Weigle & Associates, P.C.
05/12/2012 Weigle & Associates, P.C.
05/31/2012 Weigle & Associates, P.C.
09/20/2012 Weigle & Associates, P.C. -reimbursement owed to
Kevin Thomas for payments from his personal
account
Total Fees
22.50
10.00
24.00
100.00
50.00
3,830.10
56.53
2,000.00
500.00
500.00
500.00
500.00
500.00
1,200.00
887.00
924.75
3,886.63
6,587.00
-7-
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
Family E__ xem tion
05/31/2012 Karen J. Thomas, 19 White House Road, 3,500.00
Shippensburg, PA, 17257 (unpaid)
Total Familv Exemption
3,500.00
TOTAL DISBURSEMENTS OF PRINCIPAL 39,866.30
-$-
SCHEDULE D
DISTRIBUTIONS OF PRINCIPAL
Eric B. Thomas
12/27/2011 Residence at 19 White House Road, Shippensburg - 22,600.00
1/5 interest
05/23/2012 Personal Property - 1/5 Share 354.00
James Thomas
12/27/2011 Residence at 19 White House Road, Shippensburg - 22,600.00
1/5 interest
05/23/2012 Personal Property - 1/5 Share 354.00
Karen J. Thomas
12/27/2011 Residence at 19 White House Road, Shippensburg - 22,600.00
1/5 interest
05/23/2012 Personal Property - 1/5 Share 354.00
Kevin R. Thomas
12/27/2011 Residence at 19 White House Road, Shippensburg - 22,600.00
1/5 interest
05/23/2012 Personal Property - 1/5 Share 354.00
Scott Thomas
12/27/2011 Residence at 19 White House Road, Shippensburg - 22,600.00
1/5 interest
05/23/2012 Personal Property - 1/5 Share 354.00
22,954.00
22,954.00
22,954.00
22,954.00
-9-
SCHEDULE D
DISTRIBUTIONS OF PRINCIPAL
Continued
22,954.00
TOTAL DISTRIBUTIONS TO BENEFICIARIES 114,770.00
-10-
PRINCIPAL BALANCE ON HAND
Current Value Fiduciary
11/15/2012 Acquisition
# Units Description or as Noted Value
dash
Estate Checking Account -0.10 -0.10
Total Cash -0.10 -0.10
-0.10 -0.10
-11-
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SCHEDULE F
CHANGES IN PRINCIPAL HOLDINGS
# Units Cost
1998 Cadillac Eldorado
03/17/2011 Inventoried 3,500.00
04/05/2012 Sold -3,500.00
0.00
Personal Propertx
03/17/2011 Inventoried 1,770.00
05/23/2012 Distributed -354.00
05/23/2012 Distributed -354.00
05/23/2012 Distributed -354.00
05/23/2012 Distributed -354.00
05123/2012 Distributed -354.00
0.00
Residence at 19 White House Road, Shippensburg
03/17/2011 Inventoried 113,000.00
12/27/2011 Distributed -22,600.00
12/27/2011 Distributed -22,600.00
12/27/2011 Distributed -22,600.00
12/27/2011 Distributed -22,600.00
12/27/2011 Distributed -22.600.00
0.00
Total o.oo
-12-
SCHEDULE G
RECEIPTS OF INCOME
InterestlBank
American Community Federal Credit Union Savings Account 624-00-1
11/22/2011 interest date of death to closing 0.10
0.10
TOTAL BANK INTEREST
TOTAL RECEIPTS OF INCOME
0.10
0.10
-13-
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INCOME BALANCE ON HAND
# Units Description
ach
Estate Checking Account
Total Cash
Current Value
11/15/2012
nr ac Nntarl
0.10
0.10
Fiduciary
Acquisition
Value
0.10
0.10
0.10 0.10
-14-
In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-11-0988
Estate of Saundra L. Thomas, Deceased
Signature
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Kevin R. T omas, Ad istrator
15
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In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-11-0988
Estate of Saundra L. Thomas. Deceased
Verification
Kevin R. Thomas, Administrator under the Last Will and Testament of Saundra L. Thomas,
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. :;~
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Dated: ~~~ ZC~ ~ ~ ~ Vim-''
Kevin R. T mas, Administrator
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