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HomeMy WebLinkAbout03-14-13RECORDED dFr{CE OF REGISTER OF ~~'iLLS ESTATE OF WOODROW C. STITT File No. 21-12-0480 FAMILY SETTLEMENT AGREEMENT ?~i3 f1flR 1`i 5~ l~ 56 CLEf<K dF ORPHANS' COURT CUMBERLAND Cd., PA THIS AGREEMENT made this 2~J day of ~ , 2013, BETWEEN: MICHELE W. STITT, WANDA S. BATZEL, and KEVIN W. STITT, being the legatees under the Last Will and Testament of Woodrow C. Stitt, late of the Township of Shippensburg, Cumberland County, Pennsylvania, AND MICHELE W. STITT, Executrix of the Estate under the Last Will and Testament of Woodrow C. Stitt, deceased, WHEREAS, Woodrow C. Stitt died March 28, 2012, testate, and under his Will left his estate to the parties herein; and WHEREAS, Letters Testamentazy were granted to Michele W. Stitt on April 24, 2012, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Woodrow C. Stitt have been liquidated or distributed and all his debts paid in full, and further 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 DisMbution 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 & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SFiIPPENSBURG, PA 17257-1397 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 Michele W. Stitt, Executrix, from all claims and demands whatsoever arising out of settlement of the Estate of Woodrow C. Stitt. 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) Michele W. Stitt (SEAL) Wanda S. Batzel Kevin W. Stitt WEIGLE & ASSOCIATES. P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN56URG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the ~ 8 ~ day of F.e.~~aru~ 2013, before me, the undersigned officer, personally appeared MICHELE W. STITT, 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. COMMONWEALTH OF PENNSYLVANIA Linda K. Klein, Mary Public Shippensburg, PA Cumberland Couniy ~Y Commission Exaires Autust 15, 2011 SS COUNTY OF ~~,~ On this, the ~ day of ~~ / 2013, before me, the undersigned officer, personally appeared WANDA S. BATZEL, 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. fOMMONWErALT1~l OP PENNSYLVANIA Notarial Seal Mary E. Leltx, Notary Public City of Altoona, &a!r County ~!! Ott. 7, 2015 MEMBER, PENNSYLVANIA ABBOCL4T10N OF NOTARIES WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 7 7257-7 39 7 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the Z~ ~ day of ~~~~"~/_ 2013, before me, the undersigned officer, personally appeared KEVIN W. STITT, 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. ~~ - (SEAL) Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland Cour~r Commission E fires Autust 15, 2016 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 77257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0480 Estate of Woodrow C. Stitt Deceased Late of Township of Shippensburg, Cumberland County First and Final Account Michele W. Stitt, Executrix Date of Death: 03/28/2012 Date of Incapacity, if any: None Date of Executrix's Appointment: OM24/2012 Date of First Complete Advertisement: 05/11/2012 Accounting for the period: 03/28!2012 to 02/21/2013 Purpose of Account: Michele W. Stitt, 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: Thomas L. Bright Esquire Weigle 8~ Associates, P.C. 126 East King Street Shippensburg, PA 17257 717-532-7388 Supreme Court I.D. No. 30066 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiducia ry (Valued as of Date of Death) Acquisition Value ~b M 8 T Bank Checking Account 53312 -opened 12-28 11,798.67 -85 jointly with Michele W. Stitt, daughter Accrued income on above item through date of death 0.04 Total Cash Personal Pre er y 11,798.71 t n 2008 Jeep Compass -proceeds of sale 4-9-12 10,500.00 Mobile Home Residence - 24 Mobile Estates, 11,203.35 Shippensburg, Cumberland County, PA, proceeds of sale 6-4-12 including refund of escrow hold Personal Property -proceeds of yard sale 6-11-12 5+44.00 Total Personal Property 22.247.35 Total Receipts 3a,oas.os 05/25/2012 Subse uent Principal Recei~ AAA 3outhem Pennsylvania -refund at cancellation 46.66 11H7/2012 Chambereburg Pathology Associates -refund of 740.00 overpayment 05/04/2012 Comcast Cable -refund at cancellation 123.49 05/24/2012 Patriot News -refund at cancellation 71.55 09/10/2012 State Farrn Insurance -refund at cancellation 124.95 02/21/2013 U. S. Treasury - 2012 federal income tax refund to be 387.10 received Total Subsequent Principal Receipts 893.75 Total Adjustments and Subsequent Receipts 893.75 Total Receipts of Principal 3a,s39.a1 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL 04/26/2012 Chambersburg Pathology Associates 04/26/2012 Fayetteville Volunteer Fire Total Debts of Decedent Funeral Exne 06/12/2D12 Fogelsanger-Bricker Funeral Home Total Funeral Expenses 04/25/2012 Register of Wllls, Cumberland County -Letters Testamentary and Short Certificates 04/26/2012 Cumberland Law Journal -advertising Letters Testamentary 05/10/2012 Shippensburg Mobile Estates -May rent 05/29/2012 Adams Electric 06/12/2012 Adams Electric 06/12/2012 News Chronicle -advertising Letters Testamentary 10/04/2012 Register of Wills, Cumberland County -filing PA Inheritance Tax Return 11/07/2012 Chambersburg Pathology Associates -stop payment fee for original refund check 02/21/2013 Linda K. Kleln -notary fee 02/21/2013 Weigle 8< Associates, P.C. -reserve for filing Family Settlement Agreement with Register of Wills, Cumberland County Total Miscellaneous Administrative Expenses 140.00 146.00 8,081.85 149.50 75.00 360.36 159.29 58.76 104.75 15.00 35.00 28.00 75.00 286.00 8,081.85 1.060.66 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 06/15/2012 Register of Wills, Cumberland County - PA Inheritance Tax payment at discount 10/04/2012 Register of Wills, Cumberland County -balance of PA Inheritance Tax Total Taxes Fees 10/04/2012 Thomas L. Bright, Esquire Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 750.00 23.22 1.200.00 773.22 1,200.00 11.401.73 -5- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Kevin W. Stitt 06/11/2012 One-Fourth proceeds of sale of personal property - 136.00 CASH 12/13/2012 M & T Bank Checking Account 53312 -CASH 1,474.83 12/13/2012 M & T Bank Checking Account 53312 -CASH 0.01 1,610.84 Michele W. Stitt 06/11/2012 12!13/2012 12/13/2012 One-Half proceeds of sale of personal property - CASH M 8 T Bank Checking Account 53312 -CASH M & T Bank Checking Account 53312 -CASH 272.00 8,849.01 0.02 Wanda S. Batzel 06/11/2012 12/13/2012 12!13/2012 One-Fourth proceeds of sale of personal property - CASH M & T Bank Checking Account 53312 -CASH M ~ T Bank Checking Account 53312 -CASH 136.00 1,474.83 0.01 9,121.03 1,610.84 TOTAL DISTRIBUTIONS TO BENEFICIARIES 12.342.71 -6- PRINCIPAL BALANCE ON HAND # Units Description ~Sb Estate Funds Total Cash Current Value 02/21/2013 or as Noted 11,195.37 11,195.37 Fiduciary Acquisition Value 11,195.37 11,195.37 11,195.37 11,195.37 -7- COMBINED BALANCE ON HAND # Units Description Estate Funds Total Cash Current Value Fiduciary 02/21/2015 Acquisition or as Noted Value 11,195.37 11,195.37 11,195.37 11.195.37 11,195.37 11,195.37 -8- T.--.... _ _ _.. PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 02/21/2013 Acquisition or as noted Value TO: Kevin W. Stitt One-Fourth estate residuary -CASH 2,798.84 2,798.84 2,798.84 2,798.84 TO: Michele W. Stitt One-Half estate residuary, leas tax refund to be received -CASH 5.210.59 5,210.59 U. 5. Treasury - 2012 federal income tax refund to be received 387.10 387.10 5,597.69 5,597.89 TO: Wanda S. Batzel One-Fourth estate residuary -CASH 2.798.84 2.798.84 2,798.84 2,798.84 Tote I 11,195.37 11,195.37 -9- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0480 Estate of Woodrow C. Stitt, Deceased Signature ~~ ichele W. Stitt, Executrix -10- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0480 Estate of Woodrow C. Stitt. Deceased Verification Michele W. Stitt, Executrix under the Last Will and Testament of Woodrow C. Stitt, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of hislher 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 hislher 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 fintt 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: ~ ~~-/.3 Michele W. Stitt, Ex utrix -11-