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HomeMy WebLinkAbout12-11-13 � s �.,,v � .+� � .:f�ir � � � � � '+L7 r,�,� � Q � � � FAMILY SETTLEMENT AGREEMErT�' i � �--�► "' °` ._�� __�_�_�_,.�,.�,�_ � � � � rn rn � � �IN T�E �STA�'E OF EUNA J. BISHOP, DEC�� a ° _ __, � -*, -� � � � � � � � <� C �...�► •,-- C? : AGREEMENT executed this �� day of �.�-trrv�uJ�L .�, � , 2(��'3, t� �.d between JANE C. JOHNSON, Executrix of the Estate of EDNA J. BISSOP, deceased, and ANN L. SMITH, PATRICIA R. LE.HA�4N, and JANE C. JOHNSON, heirs and beneficiaries of the Estate of EDNA J.BISHOP. WHEREAS, EDNA J. BISHOP, late of South Middleton Township, Cumberland County, Pennsylvania, died on May 23, 2010, having left a Last Will and Testament dated August 8,2002. WHEREAS, on Ju1y 29, 2010, the Register of Wills in and for the -County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint JANE C. JUHNSON, as Executrix of the Estate of EDNA J. BIS�OP, in Estate Number 21-10-0767 upon the probating of the aforesaid Last Will and Testament,and � WI-�REAS, the Executrix has proceeded with the administration of said Estate consisting of assets in the amount of $99,533.12, less disbursements in the amount of $99,533.12, leaving no proceeds for distribution to heirs, as set forth on the First and Fina1 Account, a true and correct copy of which is attached hereto and made part hereof as E�iibit "A" and � WI�REAS,the only parties in interest in said Estate are the above-named parties,and - VVHEREAS, said parties in interest desire that the Executrix shall not be required to file an Account with the Orphan's Court of Cumberland County, Pennsylvania, and that the net estate of the decedent sha11 be dis�ributed without the necessity of filing a formal Account to avoid the expense, delay and publicity of a formal accounting, but should instead be distributed in accordance with the Executrix's Proposed Schedule of Distribution, as set forth in the atta.ched First and Fina1 Account. WHEREAS, the Pennsylvania Department of Public Welfare has compromised their claim against the estate as described in the correspondence from the Departiment of Public Welfare,attached hereto and incorporated herein by reference as Exhibit`B". � ) � NOW THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the above-named heirs and beneficiaries of the Estate of EDNA J. BISHOP do hereby mutually agree as follows: 1. The parties hereto, and ea.ch of them, a.gree and acknowledge that t11ey have fully and carefully examined the First and Fina1 Account of JANE C. JOHNSON,Executrix for �he Estate of EDNA J. BISHOP, deceased, and Proposed Schedule of Distribution relating thereto,and find them to be true and correct,and accepta.ble to the parties hereto and each of t�iem, and further that each of them has received a copy of this Family Settlement and Fin.a1 Release and of said Account and Proposed Schedule of Dis�ribution. 2. The parties hereto hereby agree tha.t in order to avoid the expense, delay and publicity involved in the filing of a formal Account and Schedule of Dis�tribution, no accounting to the Court 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 f led and confirmed by the Orphan's Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 3. The parties hereby remise, release, quitclaim and forever discharge the Estate of EDNA J. BISHOP., and JANE C. JOHNSON, Executri�L, her heirs, executors, a.drninistrators and assigns, from a11 manner of acts, suits, claims, accountings, debts and demands whatsoev�r wl��h we or any of us or our 1���1 r�presentatives or assi�ns may at any time hereafter ha.ve against said Execut�rix, estate, or assets thereof, touching or concerning the Estate of the Decedent. 4. The parties hereto covena.nt and agree that they will contribute tlieir share of the Estate to satisfy a11 claims, debts, demands, suits or cause of action which may be successfully brought agai.nst the Estate or the Executrix after the execution of this Family Settlement and Fina1 Release. 5. The parties hereto hereby agree tha.t they will at a11 times in the future and wherever necessary, appropriate or convenient,made, execute and deliver to said Executrix, and/or to the other party or persons, any and a11 insiruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to cariy out the intention of this Fatnily Settlement and Final Release. 6. This Family Settlement and Fina1 Release constitutes the entire understandi.ng among t11e parties hereto, and each of them acknowledges tha.t no representations or statements of any kind, written or ora1,have been made to them or any of them prior hereto bytaie Executrix or any other person or party upon his behalf. 7. This Family Settlement and Fina1 Release shall inure to the benefit and sha11 bind the parties hereto, and each of them, their heirs, executors, administra.tors, successors and assigns. 8. This Family Settlement and Fi.na1 Release sha11 be governed by t11e laws of tlie Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the da.y and year first above written. WIINESSETH: / -1 -13 �-� d7��cy� � Date J C. JOHN N, cutrix and individually as heir and beneficiary � � //- - Date ANNL.SMITB �ndividually as heir and beneficiary . . , .� O / �'L. Date PATRICIA R LE Individually as heir and beneficiary � FIRST A.ND FINAL ACCOUNT OF J.�►NE C. JOHNS4N, . EXECUT]RIX OF T'HE ESTATE OF EDNA J.BISH4P,Deceased Date of Death: May 23,2010 Date of Executrix'Appointment July Z9, �010 Accounting for the Period of July.29,20�0 ?'hrough October 31,2013 Purpose of Account: J�INE C. JOHNSON, Executrix of the Esta.te of EDNA ,T. BI-SHOP, offers this Account to acquaint interested parties with the transactions that have occurred during his administration of the Estate for the accounting period indicated above. The Account also indicates the proposed distribution of the Esta.te. It is important that the Account be carefully examined. Request for additional information or questions or objections can be discussed with: Bradley L. Gr�e, Esquire GRIFFIE�ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-�5�1 1 DO Lincoln Way East, Suite D Chambersburg, PA 17201 (717)267-1350 (800) 347-��'S2 In #he Court of Common Pleas af Cumberland County, Pennsylvania Orph.ans' Cour�t Division File No. 21-10-0767 Estate of Edna J BISHOP� Deceased Late of Township of South Middieton First and Finai Account Jane C..Johnson,:Executrix Date of Death: 05123/2010 _Date of Incapacity,�f any: None Date of Executrbc's Appointment: 07/29/2010 Date of first Complete Advertisement: 08/25/2010 Accour�ng#or the period: 05/23/2010 to 10/31l2013 Purpose of Account: Jane C.Johnson,.Executrix,offers�this Account to acquaint interested parties wlth the transa�tions that have occurred during the Administration. it is importantthat the Account be carefuily examined. Requests for additionai information or questions or objections can be discussed with: Bradley L.Griffie Griffie�Associates Z00 North Hanover St. Carfisle,PA �17013 (71 T)243-5551 Supreme Court I.D. Na.34349 E�hibit "A" . SUMMARY OF ACCOUIVT , Estate of Edna J BISHOP,Deceased � _ __ _ _ _ _ Fiduciary Current Acquisition PAGES Value Value Proposed Distrlbutions to Bene�iciari� PD 0.00 PRINCIPAL Receipts: This Account A 99,533.12 Net Gain (or Loss)on Sales or Other Dispositions 0.00 99,533.12 Less Disbucsements: � Debts of Decedent 80,575.09 Funerai Expenses • 3,427.22 Adminjstration Expenses 3;130.81 Federai,State&Local Taxes 0.00 Commissions 1,400.00 F� 11,000.08 Family Exemption 0.00 98,533.�12 Balance Before Distributions o.00 Transferto(from)Principal �P 0.00 Distributions to Beneficiaries 0.00 Principai Balance on Hand PBOH 0.00 For Inf.Qrr��t,i�n: Investments Made Changes in Hoidings F ld�E Receipts �This Account , 0.00 Net Gain (or Loss)on Sales 0.00 or Other Dispositions 0.00 Less Disbursements 0.00 Balance Before Distributions o.00 Transfer to(from) income '�'� 0.00 Distributions to Beneficiaries 0.00 income Balance on Hand 0.00 For fnformation: Investments Made Changes in Holdings COMBINED BALANCE ON HAND CBOH 0.00 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in inventory Fiduciary (Valued as of Date of Death) � Acquisition Value �� Checking Account No.5140343059,PNC Bank 3.074.39 Coins/Siiver poilars 1,071.00 Cumberland Crossing Personal Care Account refund 339.12 Homeowner's Insurance Premium refund 51.00 The Ser�tinel refund-Newspaper subscription refund 38.77 Totai Cash 4,574.28 Personal Prenr ertv Capital Advantage Insurance Company.premium 174:24 refund Household furnishings(auctioned) �1,184.60 Total Personai Property 1.358.84 Reai Estate 420 Droneberger Road,Blain,Perry CouMy, 93,600.00 Pennsylvania cabin Total Real Estate 93.500.00 Total Receipts 9s.533:�2 7otal Receip�s of Principal 99,533.�2 A-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent Cumberland Crossiny N, ursiny Home 09/02/2010 (April/May 2010 Services) 1.039.82 1.039.82 �pen�es a�a^ia��1 with maintenance of real e.��*A+p grior to death 07/15/2013 7.029.75 Resl Estate taxes $4,825.45 . Home owner's Insurance $ 840.00 Penelec(electric service) � 364.30 Tree Removal �1,000.00 7,029.75 New York Life 09/OZ/2010 Reimbursement of Annuity overpayment 91.96 91.96 Ov��vn�at�f VA Benefits refunded 10120/2010 90.00 90.00 :P_ nartment of Public Weffare 07/1512013 Medicaid-Estate Recovery ?2.�43•56 (Tota1�239,101.12)(Compromised) 72,143.56 United States Treasurv 03/09/2011 Personal taxes 2010 180.00 C-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL � Continued 180.00 7ota1 Debts of Decedent 80.575.09 Funeral Exue! nses Ann Smith Ire_ceotion fe�/fellowshin meal) 05/12/2011 281.45 281.45 Nickle Funeral Home 06/15/2011 3.010.77 3,010:T7 Rice Memorial Work(jnint, ion_) 09/14/2010 135.00 �135.00 "Total�uneral �xuenses �;4�:� Administration Ex�er nses 2010-2011 Resl Estate Taxes 06/03/2011 �1;106.45 1.106.45 �.�t]Si 04/18/2011 Trash removal 550.00 550.00 C-2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Cumberland Law Jou�al 09/02I2010 Advertising 75.00 75.00 Farmers Mutual 0910?J2010 Homeowner's Insurance Premium .210.00 210.00 L.W.Brodisch 01/13l2011 Reai Estate Appraisal 350.00 350.00 P�l� 06/15l2011 Electric Service 107.32 107.32 Probate fees p9J28hZ0�1�I �•� 544.50 jhe Sentinel 0910212010 Advertising �87•� 187.54 Total Miscellaneous Administrative Exnenses 3:130.81 Commissions Jane C.Johnson.Executrix 05/23/2010 1,400.00 C-3 SCHEDULE C DlSBUR�EMENTS OF PRINCIPAL Continued 1,400.00 Totai Commissions '��'�0•� �ees Griffie&Associstes O7l15l2013 (estimated finai) -11,000.00 11,000.00 Total Fees 11.000.00 TOTAL DISBURSEMENTS OF PRINCIPAL 99.533.12 C-4 PROPOSED DtSTf�IBUTIONS TO BEN�FICIA�IES Current Value Fiduciary 10/31/2013 Acquisition or as noted Value TO: Ann L.Smith- 0.00 860 Eest Lou�er Street Carlisle,PA 17093 Jane C.Johnson- 0.00 1882 Orchard Road Chambersburg,PA 1T202 Patricia R.Lehman- 0.00 373 Roxbury Road Newviile,PA 1T241 0.00 Total 0.00 PD-1 In the Court of Common Pleas of Cumberland County, Pennsyfvania Orphan�' Court Divi�cion Fjle No. 21-10�0757 Estate of Edna J BISHOP,Deceased Signature C � J C.Johnso , ecutrix i � in�the Court of Common Pleas of Cumberland County, Pennsyfvania Orphans' Courlt Division File No. .21-10-0767 Estate of Edna J BISHOP, Deceased Verificafiion Jane C.Johnson,Executri�c under the Last Wiil and Testament of Edna J BISHOP,.Deceased, hereby declares under oath that he/she has fully and faithfuliy discharged the duties of his/her afflce;-thattheforegoing Account�true and correctand fuliy disclos�ail significanttransactions occurring during the accounting period;that ali known claims against the Estate have been paid in fuli;that,-to his/her knowledge,#here are no claims now outstanding against the Estate;that.all taxes presentiy due from the Estate have been paid;and thatthe grant of Letters Testamentary and the first compiete advertisement thereof occurred more than-four months before the foregoing Account This statement is made subject to penalties of 18 Pa.C.S.A.Section 4904 relating�to unsworn� �falsification to authorlties. Dated: �I����`� C' Jane C. ohnson, Exe x I hereby certify t�.at written not�ce of the filing of this Account, and of the date,time and place when the same will be presented to the Court for conf�nm.ation.and of the last day to �e wr�tten obj ectaiions to said Account,has been given to every unpaid claimant and to every other person known to the accountant to ha.ve or clai.m an interest in the esta.te as creditox,beneficiary,heir, or next of kin. e,Esquire , � , -- .:t _ �,_... .. .. ....r:�...:.. -:��, - .• ..�:-:-.:.:.:.::. �__ °�• r���A�M.�l�`�F��1��'�1��:1:t��!�� _, , :.�,:.�,:<�. s..:..�:.::.... .... ...:. .... :.__.::.:.. Ocfiober 23,2013 � . GRIF�IE &ASSO�IATES BRADLEY L. GRIFFIE 200 NORTH HANOVER STREET CARLISLE PA 17013 Re: Edna Bishop CIS�#: 080180068 SSN: �###-##-4021 Date of Death: OS/23/2010 � Dear Attorney Gri�e: This is�.to acknowiedge receipt of payment in the amount of��72.143:56 regarding the above-referenced estate. This reflects payment up to the value of the estate. If any additional funds become available, please contact me. Your cooperation in resolving this matter is appreciated. Sincerely, � �� , • Royce L. Messersmith Claims Investigation Agent 717-772-6608 717-772-6553 FAX Exhibit ��B�� Bureau of Program Integrity� Divlsfon of Third Party Uability� Recovery Section PO Box 8486 � Harrisburg,Pennsylvania 17105-8486