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Home My WebLink About10-22-13 S � Pa. O.C.Rule 6.12 STATUS REPORT REGISTER OF WILLS OF Cumberland COUNTY,PENNSYLVANIA Name of Decedent:Stanley Brazinskas Date of Death: 03/04/2009 File Number:2009-00442 Pursuant to Pa.O.C.Rule 6.12, 1 report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . zYes Do 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Administration is complete; Copy of executed Family Settlement Agreement Attached. 3. If the answer to No. 1 is YES,state the following: a. Did the personal representative file a foal account with the Court? . .. . . . . Des ONO b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Zes Do d. Copies of receipts,releases,joinders and approvals of formal o informal accounts may be filed with the Clerk of the Orphans' Court and y e a ch this eport. Dole October 22 2013 Sigmture erso XGng lhLs a Capacity: Dermnal Representative 0�ounsei o, d Chad J. Julius Name ofFemon Fling this Form CD us .1 .i 0 8150 Derry Street Suite A Address Harrisburg PA 17111 u CD x z cr_ C.l w w (717) 909-5858 `µ m Telephone f.7 C RW--10 Form XW-10 rev.10.13.06 : IN THE COURT OF COMMON PLEAS IN RE: : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION ESTATE OF: STANLEY BRAZINSKAS NO. 2109-0442 FAMILY SETTLEMENT AGREEMENT This Agreement entered into this �µ day of 5A-'' X2013, by and between Otto Zink and Vytautas Rupinskas, Executors, and Liudo Brazinsko, Onutes Jusienes, Konstancijos Palaikienes, the living Beneficiaries. WHEREAS, the beneficiaries are the only siblings of Stanley Brazinskas, who died March 4, 2009, leaving a Last Will and Testament dated April 14, 1997; and WHEREAS, each of the parties has personally examined the Last Will and Testament of Stanley Brazinskas; and WHEREAS, Otto Zink and Vytautas Rupinskas have been duly appointed the Personal Representatives of the Estate of Stanley Brazinskas ("the Estate"); and WHEREAS,each of the parties has reviewed the First and Final Account of Otto Zink and Vytautas Rupinskas, Personal Representatives of the Estate of Stanley Brazinskas, a true and correct copy of which is attached hereto and made a part hereof as Exhibit"A"; and WHEREAS, each of the parties has reviewed the Schedule of Distributions a true and correct copy of which is attached hereto and made a part hereof as Exhibit"B"; and WHEREAS,the Beneficiaries desire to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania; and NOW THEREFORE, intending to be legally bound, the parties hereby agree as follows: I. Recitals. All of the foregoing premises are true and correct, and are incorporated by reference in this Agreement. 2. Waiver of Formal Account. Each party waives his or her right to have the First and Final Account of Otto Zink and Vytautas Rupinskas, Personal Representatives of the Estate of Stanley Brazinskas filed with the Register of Wills of Cumberland County, Pennsylvania. Each party accepts and approves the account with the same force and effect as if it had been filed in the Office of the Register of Wills of Cumberland County,Pennsylvania,audited in the Orphans' Court of that county("the Court"), adjudicated and confirmed absolutely, and the amounts distributed as shown therein paid to the persons entitled after having been duly awarded to those persons by order of the Orphans Court. 3. Acknowledgement of the Distributive Shares. Each party acknowledges that the distributive share or amount received shall be in full satisfaction of their respective entitlements under the Will,and acknowledge that they have received their respective share. 4. Release of Personal Representative. Each party hereby absolutely releases and discharges Otto Zink and Vytautas Rupinskas,Personal Representatives of the Estate of Stanley Brazinskas,of and from any and all claims and rights he or she now has or may in the future have against the Estate and Personal Representatives,whether due to negligence or otherwise, which he or she may have by reason of administration of the Estate. 5. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs,next-of-kin,devisees,legatees, beneficiaries,appointees,executors, administrators,personal representatives,and assigns. 6. Indemnification. Each party agrees to indemnify and hold harmless the Personal Representatives from and against any and all claims, loss,liability or damage(whether or not related to negligence of the Personal Representatives)that may hereafter be asserted against the Estate or Personal Representatives. 7. Refund. Each party agrees to refund to the Estate on a pro rata basis any amount which may he necessary in the future to discharge any obligations and liabilities of the Estate of which the party may hereafter receive notice. 8. Personal Jurisdiction. Each party consents to the Court exercising personal jurisdiction over him or her in any suit or action arising out of enforcement of this Agreement. 9. Counterparts. This Agreement may be executed in counterparts. 10. Entire Understanding. This Agreement represents the entire understanding among the parties hereto with respect to the subject matter hereof, and this Agreement supersedes all previous representations,understandings,or agreements, oral or written,between the parties with respect to the subject matter hereof. No promise or inducement that is not herein expressed has been made to any of the parties, and those parties do not rely upon any statement or representation made by any person. 11. Modification. This Agreement may not be modified except by a written instrument signed by all of the parties and acknowledged by each of the parties before a notary public or other office qualified to administer oath. 12. Controlling Law. This Agreement shal l be interpreted according to and governed by the laws of the Commonwealth of Pennsylvania. 13. Soerabft. In•any term,condiflon,:clause or-provislan a 04s Agreement shall be determined or declarod to$e Void ac iavtl3g Taw fir_.o$�ePe. cen.pnI� team� condition;clause ur provision ll.be:strlok+�0.'*OM tIXs Agreement shall bo valid aad'Sarni Ue in foil farce,Q&C� p��y �mV=t,-,ibis 14 Re�urdlrig. $ach'party ed'hs-d t5 3b the tecording and indexing of this Agreement in the estate proceedings. IN WITNESS "0",the,Pgrlies have set forth their bands aad.seals the day and year aforesaid r Witness 'OHO Zink wim �VV Rnpinskas Witness Nudo Braximk-Q C' 0 / ."r Wi ess 4 Qdutes Jtisieuea ��:;-c..ti'F;Cj,f. :.i �'"`.°�u.F:. FA,'�'r.'� �Y`G,.ei4''• .. �i'Li. l� � :�.a�,1. ' Witness V astsntsjsts PalaSld es e4 IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA ESTATE OF: : ORPHANS COURT DIVISION STANLEY BRAZiNSKAS NO. 2109-0442 FIRST AND FINAL ACCOUNT OF Otto Zink and Vytautas Rupinskas,Administrators For ESTATE OF Stanley Brazinskas,Deceased No. 2109-0442 Date of Death of Decedent: March 4, 2009 Dates of Grant of Letters advertised: Cumberland Law Journal June 5,2009 June 12, 2009 June 19, 2009 The Patriot News June 1,2009 June 8, 2009 June 15, 2009 1 RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Cash and Cash Equivalents Value Cash Opening Balance $ 82,000.00 $ 82,000.00 Cash from Safe Deposit and On Hand $ 2,876.55 2.876.55 Stocks and Bonds $ 84,876.55 43 Series EE United States Bonds $ 99,336.80 $ 99,336.80 15 Series EE United States Bonds $ 81,976.40 $ 81,976.40 TransAmerica Financial Advisors Brown Shoe Co. (264 Shares) $ 858.00 Foot Locker, Inc. (1152 Shares) $ 9,550.08 JP Morgan Chase&Co. (675 Shares) $ 13,027.50 $23,435.58 Brown Shoe Co. &Footlocker Shares Misc. Proceeds $ 206.55 $ 206.55 Real Estate $ 204,955.33 Personal Residence 523 Herman Avenue, Lemoyne PA $ 120,000.00 $ 120,000.00 Building Lots—Massachusetts Ave. Spring Lake, Camp Hill PA $ 50,000.00 $ 50.000.00 Tangible Personal Property $ 170,000.00 Auction Proceeds June 15, 2009 $ 12,002.75 $ 12,002.72 June 19, 2009 $ 429.00 1__42= $ 12,431.72 Miscellaneous Deposits September 8,2009 $ 5,097.29 $ 5,097.29 Refunds UA Insurance Overpayment $ 822,31 CitiCard Refund $ 63.92 Brown Shoe Refund $ 63.37 Pa Inheritance Tax Refund $ 6,362.69 6.362.69 $12,409.58 TOTAL NET INVENTORY $484,673.18 2 DISBURSEMENTS OF PRINCIPAL Debts and Payables Property Taxes August 26, 2009 $ 124.66 August 28, 2009 $ 311.64 November 2, 2009 $ 74.85 November 2, 2009 $ 172.81 Lemoyne Borough Sewer/Trash $ 379.88 Home Owners Insurance $ 576.89 Leffler Energy-Fuel Oil $ 88.36 Central PA Teamsters Pension $ 678.00 Mowing/Yard Work Jeff Singer(3x) $ 120.00 Roy Singer(8x) $ 320.00 House Painting-Gerald Fritz $ 1,039.20 House Repairs/Cleaning Folk&Garber Aluminum $ 87.98 Home Depot $ 81.50 $4,055.77 Misc. Cleaning/Repairs. Roy Singer $ 828.00 Patricia Singer $ 696.00 Randy Singer $ 384.00 Jeff Singer $ 432.00 Otto Zink $ 840.00 Gertrude Zink $ 588.00 Heidi Garber $ 336.00 Rick Zink $ 168.00 Zantha Zink $ 108.00 $4,380.00 $ 4 Medical Expenses $8,468.77 Claremont Nursing&Rehab $ 1,986.93 $ 1,986.93 Pharmerica $ 24.00 $ 24.00 Mobile X-Ray Imaging $ 21.79 $ 21.79 Carlisle Medical Center $ 99.91 $ 91 $2,132.63 Funeral Expenses Musselman Funeral Home $ 375.00 $ 375.00 Cemetery Marker $ 160.00 $ 160.00 $ 535.00 3 . DISBURSEMENTS OF PRINCIPAL (Continued) Olga Cepe Search Expenses International Genealogical Search $ 4,125.00 Additional Fees to Transfer funds to Olga $ 1.000.00 Real Estate Closing Charges $ 5,125.00 Sale Costs for 523 Herman Avenue(9/04/09) $18,664.77 Sale Costs of Massachusetts, Avenue (3/30/2010) $ 5,302.05 $23,966.82 Taxes US Treasury.—2008 Amended Return $ 863.00 $ 863.00 PA Dept. of Revenue—2008 $ 57.00 $ 57.00 PA Dept. of Revenue $ 9.24 $ 9.24 US Inheritance Taxes—2009 $ 34,337.15 $ 34,337.15 PA Inheritance Taxes—2009 $ 42,332.74 $ 42.332.74 $ 77599.13 Administration Expenses Accounting Expenses Fred H. Wege, Jr.,Retainer, $ 3,000.00 Fred H. Wege,Jr.,Fees November 30,2009 $ 2,200.00 April 1, 2010 $ 351.00 $ 2,551.00 $ 5.551.00 Legal Costs/Expenses Paid by Jacobson Julius & McPartland Additional fee after inheritance tax filed $155.00 Filing Fees Cumberland County Inheritance Tax Filing Fee $15.00 Cumberland County Additional Short $40.00 Certificates Cumberland County Register of Will $395.00 Estate Opening Fee Estate Notice—The Patriot News $195.00 Estate Notice—Cumberland Law Journal $75.00 International Genealogical Search $253.00 Additional search Fees. 4 PROPOSED DISTRIBUTION TO BENEFICIARIES Disbursement Preliminary Secondary Remaining Distribution Distribution Distribution Linde, Brazinsko $100,857.70 $50,000.00 $25,157.36 $25,700.34 OnutesJusienes $100,857.70 $50,000.00 $25,157.36 $25,700.34 Konstancijos Palaikienes $100,857.70 $50,000.00 $25,157.36 $25,700.34 $302,573.10 $150.000.00 $75,472.08 $77,101.02 6