The URL can be used to link to this page

Home My WebLink About02-25-13ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Estate of Clare Tracy Deceased No. 21-11-0731 ~ w ~ m rn ~ ~ o FAMILY SETTLEMENT AND FINAL RELEASE ~ - v a FOR Ar - ,." ~ -+~ ~ o „ ~ cri ESTATE OF CLARE TRACY DECEASED z ~ oa KNOW ALL MEN BY THESE PRESENTS, that WHEREAS;(~are Try r- rn r- v also known as Claze G. Tracy, late of Middlesex Township, CumberlancNCounty, N "' ~ Pennsylvania, deceased, died testate on May 27, 2011; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on July 5, 2011 naming Claze M. Koerner as Executrix; WHEREAS, the Executrix has gathered the assets of the estate of the decedent and the assets consist of personal property and monies, with a total value of $58,160.66 as set forth in Exhibit "A", which is a statement of account of said Executrix, 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 $48,218.44, as set forth on Exhibit "B" attached hereto; thereby leaving a balance for distribution of $9,942.22 from which the Executrix will/has: (i) withhold $1,000.00 for payment of final attorney's fees, (ii) withhold $300.00 for payment of fiduciary taxes and any other proper expenses or liabilities of the estate of which the Executrix shall have received notice by that time, or which may otherwise be payable, (iii) and distribute to the beneficiaries, in the proportion of their interests and without further accounting, the balance then remaining of $8,442.22 available for distribution, as set forth in the statement of the said Executrix, which is attached hereto and labeled "Recapitulation". Such distribution will also include any funds received by the Executrix subsequent to the date to which the attached Account is stated. Should any proper liabilities of the estate, whether for taxes or otherwise, azise or come to the attention of the Executrix or any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; ~`~ WHEREAS, in accordance with the decedent's Will, each beneficiary, Edward Joseph Tracy, Claze Marie Koerner, John Thomas Tracy, Marian Clare Willauer, Bernadette Mowad, Anne Elizabeth Willauer and Dorothy Agnes Kochner aze to receive one seventh (1/7) of the decedent's interest in the estate; 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 as therein set forth. Without intending to limit the rights or remedies of the Executrix, the parties further agree to indemnify the Executrix and save her harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which she may incur, whether due to her negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, that we, Edward Joseph Tracy, Clare Marie Koerner, John Thomas Tracy, Marian Clare Willauer, Bernadette Mowad, Anne Elizabeth Willauer and Dorothy Agnes Kochner, being all living issue of the decedent, and being those persons entitled to inherit, do hereby each of us, acknowledge that we have this day received from the aforesaid Executrix, in full satisfaction and payment of all sum or sums of money, which amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked 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 Executrix, her heirs and assigns, of and from 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 2 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 Executrix, 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 Executrix after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release maybe 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 3 IN WITNESS WHEREOF we have hereunto set our hands and seal on this ~ a~ day of ~r , 2013. WI SS: Edwar Jos h Tr .~.. Clare Marie Koerner John Thomas Tracy Marian Clare Willauer Bernadette Mowad Anne Elizabeth Willauer Dorothy Agnes Kochner 4 IN WITNESS WHEREOF we have hereunto set our hands and seal on this day of , 2013. WITNESS: \~ ~ w+. ~4-~--~ Edward Joseph Tracy Clare Marie Koerner John Thomas Tracy Marian Clare Willauer Bernadette Mowad Anne Elizabeth Willauer Dorothy Agnes Kochner 4 IN WITNESS1WHEREOF we have hereunto set our hands and seal on this ~3'~ day of ~T1.~J' . , 2013. WITNESS: Edward Joseph Tracy Clare Marie Koerner l.~ ~'~ r ' ~ _ L~ 1~~~ 42. ~-/ John Thomas Tracy Marian Clare Willauer Bernadette Mowad Anne Elizabeth Willauer Dorothy Agnes Kochner 4 IN WITNESS WHEREOF we have hereunto set our hands and seal on this ~ day of F~(',2u,4(~Y , 2013. WITNESS: Edward Joseph Tracy Clare Marie Koerner John Thomas Tracy Marian Clare Willauer Bernadette Mowad Anne Elizabeth Willauer Dorothy Agnes Kochner 4 IN WITNESS WI~ItEOF we have hereunto set our hands and seal on this 3 day of ~ r , 2013. WITNESS: Edward Joseph Tracy Clare Marie Koerner John Thomas Tracy Marian Clare Willauer Bernadette Mowad Willauer Kochner 4 ~~ STATE OF ~/ i r9 ~ i ~ COUNTY OF ~4m2S G'k~ ss. On this, the I a~ day of r , 2013, before me, a Notary Public, the undersigned officer, personally appeared Edward Joseph Tracy, 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 purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal, No Public JAMIE CARR Notsry Pu01k Commonvwsith of Vlrgin{e 7231712 My Commisabn Expkes Auq 31, 2013 5 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF ~~ ^ti&R ~"~ On this, the iirr day of .~< `,.,-,.;<~, 2013, before me, a Notary Public, the undersigned officer, personally appeared Clare Marie Koerner, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary is COMMONWEALTH OF PENNSYLY MotxHal Seat Judy hloover, NotatY PuWit Hampden TWp., Caxnberlaaid GwMy Comml~lon 15, X16 MEMBER pHiNSiWAN1A ASSOQATION OF IimARtg 6 STATE OF SS. COUNTY OF On this, the ,L_~day of , 2013, before me, a Notary Public, the undersigned officer, personally appeared John Thomas Tracy, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ ~ ~ • ~~ J%~ it ,rte No Public MY C0~31pq Eft JULY ZB, ~1~ 7 STATE OF L~=~'ST v~RG~n~A . SS. COUNTY OF 3~FF~2snn . On this, the Ia day of F E02ua,e Y , 2013, before me, a Notary Public, the undersigned officer, personally appeared Marian Clare Willauer, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ~Otficial Seal Notary PubNc, Stets of Wsst VMpInM Maprs~ha A. &anch ~ P O Box ~I~anay N' .,,:«,,, ~ 8hepherdatown, NN 25415 M crommission explrea September 78.4019 g STATE OF !v Q ~ ~ ~ ~4 (~ ~ ~.~ SS. COUNTY OF ~p ~ScJ ~-- On this, the ~ day of ~~Yv a 'v~~ 2U13, before me, a Notary Public, the undersigned officer, personally appeared Bernadette Mowad, 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 purpose therein contained. IAi W iT'NESS WHEREOF,1 hereunto set my hand and ofl7cial seal. ~w0 ~ Pueuc Qevk County comma" + n ~ ~ii~~tso,e Notary Public Identification provided: r~"ersonal knowledge ,-Drivers license _pther 9 STATE OF ~/ d Y ~ ~4-YO I i ina-- COUNTY OF ~u vs5 ~- SS. On this, the / ~l day of r`~e~1o yv~ ~2013, before me, a Notary Public, the undersigned officer, personally appeared Anne Elizabeth Willauer, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and oi~icial seal. DEBRA SECORD NOTARY PUBLIC oa"~° CO1"~ Notary Public North Carolina My Commission Expires 7 /1 71201 6 ldentitication provided: personal knowledge Drivers license Other 10 STATE OF ~! (~ Y ~ ~-~[~-YO (i k c- , COUNTY OF ~v ~' Sc~~}'~-- SS. On this, the _~'~ day of _~y„ a v 2013, before me, a Notary Public, the undersigned officer, personally appeared Dorothy Agnes Kochner, 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 purpose therein contained. ..~ IN WITNESS WHEREOF, I hereunto set my hand and official seal. OE8RA8ECOHD Notary Public rnsRe» Identification provided: ~f'ersonat knowledge -,privets license -Other 11 RECAPITULATION Decedent's Assets *Part of Assets aze from Joint Account being Reimbursed to joint owner Decedent's Liabilities/Probate Expenses **Part of Expenses are funds going to Joint owner on Joint Account TOTAL Reserve held in Estate Account for payment of remaining attorney's fees Reserve held in Estate Account for payment of fiduciary taxes AMOUNT FOR DISTRIBUTION $ 58,160.66* - $ 48.218.44** $ 9,942.22 $ 1,000.00 $ 500.00 $ 8,442.22 12 Exhibit "A" ASSETS Funds Transferred from Joint Account -Members 1 S` Federal Credit Union on July 5, 2011 - Joint Owner -Clare Tracy and Clare Koerner John Hanock Life Insurance Company -Refund Of Long Term Insurance Church of God and Two Empire Plan New York State and Local Retirement System - Pension Benefit Transfer ACH Tax Refund Estate Account Interest Refund Overpayment of Inheritance Tax TOTAL ASSETS $22,961.25** $ 3,466.26 $ 7,800.09 $ 1,328.13 $ 5.04 $ 1,298.00 $ 15.22 $21,286.67 $58,160.66 ** $19,804.79 of this amount is not part of the Assets of this Family Settlement Agreement, joint assets were transferred to estate account to pay possible expenses of estate, joint funds aze being returned to joint owner Claze Koerner. 13 Exhibit "B" LIABILITIES/EXPENSES Bank of America ($1,624.68 hotel accommodations for New York Burial and $768.00 advertising Long Island New York Newspaper obituary) Kem & Company -Accountant Darryl K. Guistwhite, D.O. -Medical Bills Pinnacle Health -Medical Bill Deposit for Trust Account Reager & Adler, PC - 6/27/11-present Register of Wills, Agent -Inheritance Tax ($524.33 actual inheritance paid. Funds in Trust in Annuity were not subject to tax) Register of Wills -Probate Register of Wills -Additional Probate Clare Koerner [loan] -refund of joint accounts TOTAL LIABILITIES/EXPENSES $ 2,392.68 $ 600.00 $ 92.78 $ 43.54 $ 5.00 $ 3,345.15 $ 21,811.00 $ 93.50 $ 30.00 $ 19,804.79 $ 48,218.44 14 Ezhibit "C" SCHEDULE OF DISTRIBUTION Edward Joseph Tracy -The sum of $1,206.03 which is his one seventh share of the residual estate will be issued in the form of a check from the Estate Checking Account. Clare Marie Koerner -The sum of $1,206.03 which is her one seventh share of the residual estate will be issued in the form of a check from the Estate Checking Account. John Thomas Tracy -The sum of $1,206.03 which is his one seventh share of the residual estate will be issued in the form of a check from the Estate Checking Account. Marian Clare Willauer -The sum of $1,206.03 which is her one seventh share of the residual estate will be issued in the form of a check from the Estate Checking Account. Bernadette Mowad -The sum of $1,206.03 which is her one seventh share of the residual estate will be issued in the form of a check from the Estate Checking Account. Anne Elizabeth Willauer -The sum of $1,206.03 which is her one seventh share of the residual estate will be issued in the form of a check from the Estate Checking Account. Dorothy Agnes Kochner -The sum of $1,206.03 which is her one seventh share of the residual estate will be issued in the form of a check from the Estate Checking Account. 15