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HomeMy WebLinkAbout11-18-13 FAMILY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF CARROLL J. HUGHEY KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Carroll J. Hughey, late of Lower Frankford Township, Cumberland County, Pennsylvania, deceased, died on December 28, 2012, having first made her Last Will and 'festament, which was duly executed on September 10, 1996, duly recorded in Cumberland County, Pennsylvania, Estate No. 2113-0175. WHEREAS, the said Carroll J. Hughey, by the aforesaid Last Will and Testament, named Deneen C. Riccio Executrix of said Last Will and Testament; and WHEREAS, the said Executrix has gathered the assets of the estate of the said decedent and the assets consist of real and personal property for a total value of$172,000.43 as set forth in Exhibit"A", which is attached hereto and made a part hereof, and WHEREAS, the said Executrix has paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of $55,573.42, also as set forth in the statement of the said Executrix which is attached hereto and made a part hereof, and marked Exhibit"B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Executrix there remains a balance for distribution in the Estate of Carroll J. Hughey, of $116,427.01, as set forth more particularly in Exhibit "C" of the statement of the said Executrix, which is attached hereto and made a part hereof. NOW THEREFORE, KNOW YE,that we, Deneen C. Rlccio, Kim P. Hughey, Lucinda S. Aaronson, Sheryl A. Ward, Gregory M. Hughey, Georgina 1-1. Buziak, and Tami G. Keck, being all of the residuary heirs under the Last Will and Testament of the said decedent and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid Executrix, 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 said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "'D". 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 hereby agree and 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 it had been filed ands confirmed by the Orphans' Court Division of the Court of Common Plus of Cu"crlAd� County. `c'� Tr M - C a ;;Q ry r rn i o � a E� m THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said Executrix, her heirs, executors; administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute our share 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 Executrix after the signing, sealing and delivery of this family settlement agreement and final release. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and his predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of actions, claims, demands, damages, attorneys' fees; costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Executrix and the Estate of the Decedent. Each Beneficiary further agrees and covenants that, neither.they, nor any other person;organization or other entity on their behalf will file, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of the Executrix and the Estate of the Decedent. (This space left intentionally blank) 2 IN WITNESS WHEREOF, I have hereunto set my hand and seal this a P day of Segterxber, 2013. 0 cC-fv bty' WITNESS: eneen C. Riccio, Executrix/Beneficiary STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this 9,P)9( day of Sep rber, 2013, before me, the undersigned officer, personally appeared Deneen C. Riccio, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. / M° y - hi Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE M.RIDER,Notary Public 0] Camp Hill Boro.,Cumberland County My Commission Ex Tres November u y 3 IN WITNESS WHEREOF, I have hereunto set my hand and seal this SR'day of oc -t V.0 a 0 l- $epten*er, 2013. WITNESS: C� Kim P. Hughey, Ben ficiary STATE OF PENNSYLVANIA t SS. COUNTY OF CUMBERLAND 0Cla �«, act? On this 1 ;Lk day of SeptMiibcr, 2013, before me, the undersigned officer, personally appeared Kim P. Hughey, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. —�A_lQit.4� Kolary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharon K Johnson,Notary Public city of Harrisburg,Dauphin CAUnry My commission Tres NOV.32 3016 MEMBER.PENNSYLVANIA ASSOQAnON OP NOTARIES r, 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 21�--day of 4 2013. WITNESS: Lu inda S. Aaronson, Beneficiary STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this A� day ofd r, 2013, before me, the undersigned officer, personally appeared Lucinda S. Aaronson, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A.Kuhn,Notary Public Notary Public Lower Allen Twp-,Cumbedand County _ commlwon Expues June 2N,2016 MEMBER, @NNYYLVANiA A1aiO4AT10N OF NOTARIES 5 O C�crZ�e.��Ilx WITNESS WHEREOF, I have hereunto set my hand and seal this 16 day of -September, 2013. WITNESS: Sheryl A. War Beneficiary STATE OF PENNY ANIA SS. COUNTY OF On this _r� /day of *pfe :.u:T 2013, before me, the undersigned officer, personally appeared Sheryl A. Ward, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Grace F.Truscott, Notary Public City of Pottsville,Schuylkill County My Commission Expires Aug. 27, 2017 6 f M1 t A!41AV� 2YVo9R.arl KTJA5llfni)fh1, W . . 'lrtnup?I�dl SAY ry,Itv2$149 ie qh? lttlq cS G�u� 4 �W�3 aalx�.rrmu!YM IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of Qcfnbc� Spec, 2013. WITNESS: Geor in . Buzi eneficiary STATE OF PENNSYLVANIA SS. COUNTY OF �/lnric/Pi 0 CIO b d On this day of fir, 2013, before me, the undersigned officer, personally appeared Georgina H. Buziak, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein 5qLatained. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal - - - - - - Deborah K.Gulley,Notary Public East Donegal Two.,Lancaster County ply commission Expires Dec 8,2016 MEMBER,PENNSYLVANIA ASSOUATION OF NOTARIES 7 f IN WITNESS WHEREOF, I have hereunto set my hand and seal this /7 day of September, 2013. WITNESS: Tami G. Keck, Berieficyfary STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this 15-1+- day of Septetz}ber, 2013, before me, the undersigned officer, personally appeared Tami G. Keck, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. Notary Publi OOMMONWEALTH OF PENNSYLVANIA Notarial Seal PaMCJa A.Kuhn,Notary Public Lacer Alien TNP.,Cumberland County 14y Commisslon Expires June 20,2016 MEMBER PENNMVANIA ASSOMTION OF NOTARIES 8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of Ivouglil is Septe r, 2013. WITNESS: Gre4 or ghey, e fi ' y STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND NoV��ETSVt On this IeZ day of� ptetfber, 2013, before me, the undersigned officer, personally appeared Gregory M. Hughey, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. -la —r3 Notar COMMur.W'E4.H Or ..i.,, a:.... NOTARIAL SEAL THOMAS WFOGELSONGER Nally Public SHIPPENSOURG TWP.,CL MSERLAND CNTY My Commission Expires Apr 22.2017 s 9 x - n .. 3A @8 JAlAt,7ON ;xii6u4 efi51uF" TICS.59 lqP 8e4140 notzzirruro3 qf& - FIRST AND FINAL ACCOUNT OF THE ESTATE OF CARROLL J. HUGHEY LATE OF LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVANIA DEBITS Your Accountant charges herself with the following: Real Property Value 3292 Enola Road $ 157,500.00 Carlisle,PA 17015 Personal Property Citizen's Bank Checking Account No. 6100705854 $ 734.31 Citizen's Bank Checking Account No. 6234005288 $ 13,436.54 Member's I st FCU Joint Savings Account No. 72961-00 $ 329.58 TOTAL PRINCIPAL DEBITS $172,000.43 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Malpezzi Funeral Home - Funeral Bill $ 8,933.00 Mechanicsburg Cemetery Association - Burial Costs $ 1,150.00 Mechanicsburg Presbyterian Church- Funeral Service Cost $ 100.00 Law Offices of Craig A. Diehl -Attorney Fees $ 3,000.00 Law Offices of Craig A. Diehl- Certified Mail Expense for DPW Letters $ 6.11 Cumberland County Register of Wills - Probate Fees $ 353.50 Cumberland Law Journal - Estate Advertisement $ 75.00 The Sentinel - Estate Advertisement $ 200.16 Citizen's Bank— Service Fees on Estate Checking Account $ 7.17 Citizen's Bank—Maintenance Fees on Estate Checking Account $ 9.99 Citizen's Bank—Home Equity Line of Credit $ 34,856.06 PA Department of Revenue—2012 PA Income Tax $ 19.00 Pam Burkeholder, Tax Collector—Real Estate Taxes $ 395.16 Amerigas Propane—Final Propane Bill $ 280.00 CentuiyLink—Final Telephone Bill $ 91.76 Adams Electric—Final Electric Bill $ 220.00 Direct TV—Final Television Bill $ 86.38 United Consumer—Loan Payoff $ 264.39 American Heart Association- Yearly Membership Fee $ 30.00 Cumberland County Orphans Court- File Family Settlement Agreement $ 20.00 Cumberland County Register of Wills - Inheritance Tax Liability $ 5,475.74 TOTAL PRINCIPAL CREDITS $ 55,573.42 EXHIBIT B RECAPITULATION Principal Debits $ 172,000.43 Principal Credits $ 55,573.42 BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF CARROLL J. HUGHEY $ 116,427.01 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Balance for Distribution to the following heirs as described: Deneen C. Riccio Real Property $ 157,500.00 3292 Enola Road Money to be Paid by Beneficiary $ (41,072.99) Carlisle,PA 17015 Kim P. Hughey -0- 276 Ridge Hill Road Mechanicsburg, PA 17050 Lucinda S. Aaronson -0- 101 East Main St., Apt. 3 Mechanicsburg, PA 17055 Sheryl A. Ward -0- 221 Pine Boulevard Orwigsburg,PA 17961 Georgina H. Buziak -0- 288 Red Cedar Lane Marietta,PA 17547 Tami G. Keck -0- 309 E. Portland Street Mechanicsburg, PA 17055 Gregory M. Hughey -0- 431 West Simpson Street Mechanicsburg, PA 17055 $ 116,427.01 EXHIBIT D