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HomeMy WebLinkAbout06-20-13 (2)_ _ i _ _ _ .�� � o�� � . �, � � �i-��,- � � ° � rnc�-� rn ��a., � G' o rn � r, � cn � � � z rn r� r-��-�i E n a � � � �� �, � _ %� o � c� � ,� -r. ..�.� -�., FAMILY SETTLEMENT AGREEM�T� �"�� =� - -=' _, .,:= :� c-~' r� t� �1� _.� �, � � AGREEMENT, executed this,��day of�/�s,-•,,� , �013, by and between JERELYN G. ROSAMILIA, Executrix of the Estate of BERNICE I. BINGAMAN, deceased, and JERELYN G. ROSAMILIA, TIMOTHY D. BINGAMAN and SHARON E CARROZZA, residuary heirs of BERNICE I. BINGAMAN, deceased. WITNESSETH: WHEREAS, Bernice I. Bingaman died on January 8, 2013, leaving a Last Will and Testament dated March 9, 1983, which was probated January 31, 2013; and WHEREAS, on January 31, 2013, Letters Testamentary were granted by the Register 0� Wills of Cumberland County, Pennsylvania, to Jerelyn G. Rosamilia; and WHEREAS, the Executrix has proceeded with the administration of said Estate and h�$ prepared an Informal Accounting, a true and conect copy of which is attached hereto, made a part hereof, and marked as Exhibit"A"; and WHEREAS, the parties desire that the Executrix shall not be required to file a forrnal accounting with the Orphans' Court of Clinton 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, mutually agree as follows: 1. The parties hereto, and each of them, agree that they have fully and carefully examined the Accounting attached hereto as Exhibit"A"and find it to be true and correct and' ' � � / �' _ . _ _ _ �e�r � . � acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Agreement and of the said Accounting. 2. The parties hereto agree the estate be paid as follows: A. Five Hundred ($500.00) Dollars to Timothy D. Bingaman; B. Five Hundred ($500.00) Dollars to Sharon E. Carrozza; and C. Thirteen Thousand Eight Hundred Seventy Two and 59/100 ($13,872.59) Dollars to Bethany Village for the care of their mother. 3. The parties hereto do hereby release, remise, and farever discharge the Estate of Bernice I. Bingaman and Jerelyn G. Rosamilia, Executrix, of and from all manner of acts, suit�, claims, accounts, accountings, debts, dues and demands whatsoever which they or any of them� or their legal representatives or assigns may at any time hereafter have against the Executrix, the said Estate or the assets thereof, from, for, touching or concerning 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 distribution of any of the said assets and for o� on account of any money, interest, income, assets or proceeds out of the same, from the time a�' the death of the said decedent to and including the date of this Agreement and Release. 4. 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. Il _ _ _ __ _ _ aq m� � 5. 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 Executar and/or to the other party or persons any and all instruments, documents, conveyance5, 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 Executrix to fulfill her duti�� with reference to the said Estate and all of the assets thereof. 6. In the event that claims unknown to the parties hereto at the time of this Agreement are made at some future date, which claims are determined by the Executrix to be valid and enforceable, Timothy D. Bingaman and Sharon E. Carrozza shall contribute equally to the payment of said claim or claims in an amount not to exceed the amount paid to each of them and Jerelyn G. Rosamilia, Timothy D. Bingaman and Sharon E. Carrozza shall contributq equally to the payment of said claim or claims over One Thousand($1,000.00) Dollars in an amount or amounts not to exceed the amount paid to Bethany Village. 7. This Agreement constitutes the entire understanding among the parties hereto, and each of them 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 Executrix or any other person or party upon their behalf. 8. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. IT _ _ _ - •�� • • ' , I IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. In the presence of: ESTATE OF BERNICE I. BINGAMAN BY� �c�c o_(SEAL) Jere G. os ilia, Executrix � � _ q�....� _(SEAL) erelyn . Rosamilia � �•� . ° (SEAL) Timoth . Bingam � � _ ;��-`�-��'.-c.�.t...,�u G: ,y��y (SEAL) `FSharon E. C�frozza _ _ _ _ _ . ���* _ i 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In the Matter of the Estate of BERNICE I. BINGAMAN, ) ESTATE NO. 21-13-0116 Late of Mechanicsburg Borough, Cumberland County, ) Pennsylvania, deceased. ) INFORMAL FIRST AND FINAL ACCOUNT OF JERELYN G. ROSAMILIA EXECUTRIX OF THE ESTATE OF BERNICE I. BINGAMAN DECEASED Date of Death: January 8, 2013 ACCOLJNTANT charges herself as follows: Princinal Account: M & T Bank—checking account $13,010.8$ US Insurance—refund 269.Oa Verizon—final pension payment 687.63 Penn Mutual Insurance—proceeds 3,368.13 TOTAL PRINCIPAL ACCOLTNT $17,335.66' Income Account: M & T Bank—interest on checking account to closeout $.1 S TO�'AL INCOME ACCOUNT g.l� TOTAL PRINCIPAL ACCOUNT $17,335.66 ' TOTAL 1NCOME ACCOUNT .15' TOTAL ASSETS $17,335.81 �� � � , � ��� �u: __ _ 11 ��� ACCOUNTANT CLAIMS THE FOLLOWING CREDITS: Principal Credits: 01-08-13 ACSO PA—coroner death certificate review fee $30.Oi4 01-08-13 ACSO PA—additional death certificates 18.00 01-31-13 Cumberland County Register of Wills—probate fee 138.50 O 1-31-13 UPS—shipping expenses 375.7� 02-20-13 West Shore EMS 181.6�4 02-20-13 Cumberland County Register of Wills—short certificates (2) lO.OQ 02-20-13 Auer Cremation Services 184.56 03-OS-13 Bethany Village 1,357.7� 03-14-13 Care Plus Oxygen 147.001 Cumberland County Register of Wills—filing fee for agreement 2p.0� TOTAL PRINCIPAL CREDITS $2,463.22 TOTAL PRINCIPAL CREDITS $2,463.2� TOTAL DISTRIBUTIVE CREDITS _p_ TOTAL CREDITS $2,463.2�' RECAPITULATION : TOTAL ASSETS $17,335.8� TOTAL CREDITS 2 4, 63 22' BALANCE FOR DISTRIBUTION $14,872.59 Proposed Distribution: TO: Timothy D. Bingaman—cash in the amount of $500.00'. TO: Sharon E. Carrozza—cash in the amount of $500.00 TO: Bethany Village—cash in the amount of $13,872.59.