HomeMy WebLinkAbout03-19-13 (2) IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENSYLVANIA'RE`OR !' C`"I ;E OF
ORPHANS' COURT DIVISION PEv " OF `.:'ILLS
NO. 21-11-0440
FAMILY SETTLEMENT AGREEMENT , 17 ,
IN RE: ESTATE OF 0RD14ANS' COURT
JOAN H. CLELAND, DECEASED CUMBERL0,1) C0., PA
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Joan H. Cleland (hereinafter "decedent"), late of Cumberland
County, Pennsylvania, died testate on March 30, 2011, having first made her Last Will
and Testament which was duly executed on March 11, 2003 and recorded in the
Register of Wills Office in Cumberland County; and,
WHEREAS, the said last Will and Testament named Christine H. Mahoney and
Curtis A. Cleland, Co-Executors of the Estate of Joan H. Cleland; and,
WHEREAS, the said Curtis H. Cleland predeceased the decedent and the gift
under the decedent's Last Will and Testament to him was distributed to the surviving
residual beneficiaries pursuant to the anti-lapse statute, 20 Pa.C.S.A. section 2514(11);
and,
WHEREAS, Letters Testamentary were duly issued by the Register of Wills of
Cumberland County, Pennsylvania to Christine H. Mahoney on April 6, 2011; and,
WHEREAS, the Court has signed an Order dated February 2, 2012 which
authorizes the parent of each minor to accept the gift under the Last Will and Testament
of the Decedent on behalf of said minor heir upon certain terms and conditions outlined
in the Order; and,
WHEREAS, the Executor has gathered the assets of the estate of the said
decedent and the assets consisted of both real and personal property, $884,016.00, as
set forth in the Statement of Account of the Executor which has been attached hereto;
and,
WHEREAS, the debts and deductions of principal, including the payment of
Pennsylvania Inheritance Tax in the said estate, have been made and the total costs
and fees $66,101.00, as set forth in the Statement of Account; and,
WHEREAS, the balance for distribution has been reduced to cash and is
available for distribution in accordance with the terms of the Last Will and Testament of
the said decedent, as set forth in the attached Statement of Account.
NOW, THEREFORE, KNOW YE, that we, being the sole residual beneficiaries of
Joan H. Cleland under her Last Will and Testament, do hereby acknowledge that we
have this day agreed to receive from the aforesaid personal representative, in full
satisfaction and payment of all sum or sums of money, legacies, bequests, and devises
as are given, devised and bequeathed to us by the decedent, due to us under her said
Last Will and Testament, those amounts appearing next to our names in Statement of
Distribution attached hereto.
AND, we do hereby stipulate that in order to avoid the expense and time involved
in the filing of a formal account and schedule of distribution, we 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 of Cumberland County;
AND FURTHER, we do release the said executor from any and all claims against
her for her administration of this estate and any and all other matter affecting the
administration of the estate.
THEREFORE, we do hereby covenant and agree that should any liability come
due to the estate of the said decedent after the signing of this agreement, we covenant
and agree with each other and the executor that we will contribute pro-rata, our share of
the estate to satisfy any and all claims, demands, suites or causes of action which may
be successfully prosecuted against the said estate or the aforesaid executor after the
signing, sealing and delivery of this family settlement agreement and final release.
IN WITNESS WHEREOF, we have hereunto set our hand and seal the day and
year below written opposite my name.
Christine H. Mahoney
Commonwealth of Pennsylvania )
): SS.
County of Cumberland )
On this, the 4— day of , 2013, before me, the
undersigned officer, personally appeared Christine H. Mahoney, 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;PENNgy��gN�A
Notarial Seal Notal Ili
Jennifer S.Undsay,Notary Public
Carlisle Boro,Cumberland County 0
My Commission F�cpires Nov.Z9,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NO
Timothy ahone�-,'-
Commonwealth of Pennsylvania )
): SS.
County of Cumberland )
On this, the � day of , 2013, before me, the
undersigned officer, personally appeared Timothy B. honey, 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.
COMMONWEALTH OF PENNSYLVANIA NO P b
I Notarial Seal
Jennifer S.Lindsay,Notary Public
Carlisle Boro,Cumberland County
My Commission Expires Nov.29,2015
,MEMBER FENNSY',NIA ASSOCIATION OF NOTARIES
ar and
Commonwealth of Pennsylvania )
): SS.
County of Cumberland �1 )
On this, the 01A And day of , 2013, before me, the
undersigned officer, personally appeared Brian Garla , known to me (or satisfactorily
proven) to be the person whose name is subscribed t he 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 J�
Notarial Seal o ry P bl"
Jennifer S.Lindsay,Notary Public
Carlisle Boro,Cumberland County
My Commisslon Expires Nov.29,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
"/-0 2, Zz-C ,y..._._..
egan CABear Megan C. Bear
Trustee for:
Alexis Bear
Nathan Bear
Commonwealth of Pennsylvania )
): SS.
County of Cumberland , )
On this, the n=day of 4d ' , 2013, before me, the
undersigned officer, personally appeared Megan C. r, known to me (or satisfactorily
proven) to be the person whose name is subscribed t 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.
o ar u I'c
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S.Lindsay,Notary Public
Carlisle Boro,Cumberland County
My Commission Expires Nov.29,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
A. Maho g ry A. Mah
Trustee for:
Michael Mahoney
Tamara Mahoney
Katherine Mahoney
Danielle Mahoney
Peter Mahoney
Andrew Mahoney
MERCY I ANDONE
Notary Public,Georgia
State of Georgia
_
g Columbia County
•' = My Commission Expires
): SS. :N� �.�
County of November 26, 2016
)
On this, the VAday of � , 2013, before me, the
undersigned officer, personally appeared Gregory A. Mahoney, 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„
VV
ary Public
ESTATE OF JOAN H. CLELAND
Final Valuation for Estate Distribution
Estate Value: AMOUNT
Net Receipts for Sale of Home $153,591.00
Money Market Acount @ M&T $140,488.00
Checking Account @ M&T $7,300.00
Life Insurance benefit from Curtis Cleland Estate $105,000.00
Receipts from personal property auction (net) $6,325.00
M&T Stock Valuation (358 shs @$88.43) $31,657.00
Settlement from lawsuit on foreign currency exchange $18.00
Bequeath from Curtis Cleland estate $439,333.00
Comcast refund $4.00
Miscellaneous cash $300.00
TOTAL ASSETS $884,016.00
Expenses:
Funeral
($10,293.00)
Legal Expenses ($5,067.00)
Grave marker& Installation ($833.00)
House expenses for preparation for sale ($9,149.00)
Claremont Nursing & Rehabilitation ($3,060.00)
Final Individual income/local tax payments ($2,727.00)
Final tax preparation fees ($700.00)
Estate homeowners property insurance, pre sale ($276.00)
Lawn Service, pre house sale. ($425.00)
Inheritance taxes ($32,562.00)
Utilities, pre house sale ($785.00)
Liabilities, pre DOD ($224.00)
TOTAL EXPENSES ($66,101.00)
Reserve for Final Expenses $915.00
Amount available for distribution $817,000.00
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