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HomeMy WebLinkAbout05-28-13 _ _ _ • ,�-(-'.� � � '/ G o ( r, ``�^� � � _:. as c� > � � cT� „G r' � -� . � :� C} C�� �. . . , (.� FAMILY SETTLEMENT AGREEMENT � ' � FILING OF ACCOUNT AGREEMENT executed May 3, 2013, by and between Emil Beck, Executor of the Will o£ John Beck, Deceased, and the estate of Joan B. Bitonti. WITNESSETH: WHEREAS, John Beck died on April 22, 2012, having first made and published his Last Will and Testament dated September 2, 1976, in which John Beck named Joan Bitonti as Executor. A true and correct copy o£ said Will is attached hereto, made part hereof and marked Exhibit "A" ; and WHEREAS, on May 1, 20Z2, said Will was duly probated by the Register of Wills of Cumberland County, Pennsylvania, and Letters Testamentary granted thereon to Joan D. Beck, as Executor; and WHEREAS, Joan D . Beck died on June 14, 2012; and WHEREAS, Emil Beck and Wilma Beck Thomas were appointed substitute coexecutors on September 19, 2012; and WHEREAS, Wilma Beck Thomas died on February 16, 2013; and WHEREAS, Emil Beck, the surviving Executor, has proceeded with the administration of said estate and has prepared his First and Einal Account and Schedule of Distribution. A true and correct copy thereof is attached hereto, made part hereo£ and marked Exhibit "B" ; and WAEREAS, the parties hereto desire that the Executor shall not be required to file said Account with the Orphan' s Court of Cumberland County, and that the net estate of the decedent shall be distributed without the necessity of filing a formal account. NOW, THEREFORE, the parties hereto intending to be legally bound hereby, mutually agree as follows : 1 . The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of Emil Beck, Executor of the Will of John Beck, Deceased, and Schedule of Distribution relating thereto, and find them to be true and correct, and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Agreement and o£ the said Account and Schedule of Distribution. 2 . The parties hereto do hereby release, remise and forever discharge the Estate of John Beck and Emil Beck, Executor of and from all manner of acts, suits, claims, accounts, accountinqs, debts, dues and demands whatsoever which they or any of them of their legal representatives or assigns may at any time hereafter have, against the Executor, the said Estate or the assets thereof, from, for, touching or concerninq any of the assets and property of the said Estate and/or any claim or interest thereto or therein, and the administration, management, collection, sale or any money, interest, income, assets or proceeds out of the same, from the time of the death of the said decedent to and includinq the date of this Agreement and Release. 3 . This instrument is a full and final Family Settlement Agreement by and among the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded and executed after a full and complete disclosure of the assets of the said estate and the rights of the parties therein and thereto and all of the parties hereto, and each of them agrees to abide by the terms hereof. 4. The parties hereto, and each of them, agree that they will at all times in the future and whenever necessary, appropriate or convenient, make, execute and deliver to the said Executor, and/or to the other party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Agreement and/or to permit, assist and enable the Executor to fulfill her duties with reference to the said estate and all of the assets thereo£. 5. This Agreement conatitutes the entire understanding among the parties hereto, and each of them s acknowledges that no representations or statement of any kind, written or oral, have been made to them or any of them prior hereto by the Executor or by any other person or party upon her behalf . 6. This Agreement shall enure to the benefit of and shall be binding upon, the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns . IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. Witness: � � ��� y�, 3 / ' ���� Emil Seck, Executor/Administrator f\� n r�, - . f lC E .�CS tne....� , Joan B. Bitonti E�ate `ljy Debra Mirenzi, Executor e .� �. First and Final account of F,�ttil Beck, Executor for ESrATE OF John Beck, Deceased Dnte of Death: April 22, 201 Z Date of Exacutor's Appointment: 9/l9/l2 Accounting for the Period: April 22, 2012 - May 3, 2013 Purpose of Account: Emil Beck, Executor, otters this accoimt ro lcquaint interested parties with the transactions that have occurred during the executor's administration. The accaunt also indicates the proposed distribution of the estate. Ic is impoR•ant that the account be carefully examined. Requests for additionul inFormation or questions or objections can be discussed with : �� ����� _ William L. Adler, Esquire �- Attorney for Personal Representative 4949 Devonshire Road Harrisburg, PA 17109 717-652-8989 Supreme CouR lD Number 39844 Bal@bif Iadlerlaw.com Dated: May 3, ZOl3 ASSETS M&T Sank Account $16, 691 . 33 985-473-6809 8/1/12 VA Benefit a100 . 00 Tota1 $16, 791 . 33 EXPENSES Heartland pharmacy $44 . 89 Emi1 Beck, administrator $Z, 000 . 00 Wilma Beck 'Phomas, administrator $2, 000 . 00 1/28/13 Jac:r Bergstein, Attorney' s fees $2, Q00 . 00 W� �, Probate Fees $281 . 50 Oath of office, original probate $20. 00 Fetitions for grant of letters $52 . 00 for Emil and Wilma 8/10/12 William Adier, Attorney' s fees $2, 260 . 00 9/6/12 ` $1, 555. 50 1/8/13 ` $2, 058 . 54 4/S/13 PA Dept of Revenue, taxes 536. 00 Filing Pamily Settlement $25. 00 Agreement Estimate attorney' s fees, $750 . 00 William Adler Total $13, 083 . 43 Net Estate Distributed to Joan $3, 707 . 90 $itonti Estate For information 8/16/12 Deposit from M&T Trust Account $50, 962 . 12 into Joan Bitonti account 8/24/12 Northern Trust (paid to Joan $6, 016. 02 Bitonti estate) 10/19 Stonebridge Life Check, paid to $2, 061 . 53 Joan Bitonti Emi1 Eeck, Execntor under the Last Wi11 and Testament of John 3eck, deceased, hereby declares under oath that he has fully and Eaithfully discharged the duties of his office; that the Foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that a11 known claims against the estate have baen paid in full; that, to his knowledge, there are no claims noN outstanding against the Estate; and that all taxes presently due from the estate have been paid. �--.. o � da f'� Emil Beck, Execu Y