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Home My WebLink About02-18-14 , , 21-12 - (�-1S � ,�, c�� t^t _T, ;? � `-; - `� r , ; FAMILY SETTLEMENT AGREEMENT 7 ``�� _, �� IN THE ESTATE OF GLADYS MAE WARNER, DECEA�� "�' �� _.�. _ r.� ��_�_ — = ;-,-, _ �_� --- -- ,n,f � ._, .. `.�� AGREEMENT executed this ' �, day of F�b6-�r�1 , �14, by aa�d between DONALD E. WARNER, Executor of the Estate of GLADYS MAE WARNER, deceased, and THOMAS E. WARNER,NINA R. CERX UTI and DONALD E. WARNER, heirs and beneficiaries of the Estate of GLADYS MAE WARNER. WHEREAS, GLADYS MAE WARNER, late of North Middleton Township, Cumberland County, Pennsylvania, died on June 27, 2012, having left a Last Will and Testament dated April 26, 2005. WHEREAS, on July 10, 2012, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint DONALD E. WARNER, as Executor of the Estate of GLADYS MAE WARNER, in Estate Number 21-12- 0751 upon the probating of the aforesaid Last Will and Testament, and WHEREAS, the Executor has proceeded with the administration of said Estate consisting of assets in the amount of$307,003.70, less disbursements in the amount of$43,289.69, less the in kind distribution of real estate valued at $147,700.00, leaving $116,014.01 for distribution to heirs, as set forth on the First and Final Account, a true and correct copy of which is attached hereto and made part hereof as Exhibit"A", and WHEREAS, the only parties in interest in said Estate are the above-named parties, and WHEREAS, said parties in interest desire that the Executor 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 shall be distributed 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 Executor's Proposed Schedule of Distribution, as set forth in the attached First and Final Account. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the above-named heirs and beneficiaries of the Estate of GLADYS MAE WARNER do 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 DONALD E. WARNER, Executor for the Estate of GLADYS MAE WARNER, deceased, and Proposed 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 Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. The parties hereto hereby agree that in order to avoid the expense, delay and publicity involved in the filing of a formal Account and Schedule of Distribution, 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 filed 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 GLADYS MAE WARNER, and DONALD E. WARNER, Executor, his heirs, executors, administrators and assigns, from all manner of acts, suits, claims, accountings, debts and demands whatsoever which we or any of us or our legal representatives or assigns may at any time hereafter have against said Executor, estate, or assets thereof, touching or concerning the Estate of the Decedent. 4. The parties hereto covenant and agree that they will contribute their share of the Estate to satisfy all claims, debts, demands, suits or cause of action which may be successfully brought against the Estate or the Executor after the execution of this Family Settlement and Final Release. 5. The parties hereto hereby agree that they will at all times in the future and wherever necessary, appropriate or convenient, make, execute and deliver to said Executor, andlor 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 Family Settlement and Final Release. 6. This Family Settlement and Final Release constitutes the entire understanding among the parties hereto, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them prior hereto by the Executor or any other person or party upon his behalf. 7. This Family Settlement and Final Release shall inure to the benefit and shall bind the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. 8. This Family Settlement and Final Release shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. WIT`NES ETH: j�Z/�/5� ,c��L '��?.��..--� �X�'�- �� Date DONALD E. WARNER, Executor and individually as heir and beneficiary .- �� ' ! . � ' _ A , �� ` �/ � -�,�/ � .,�--�i.��"�Z/'� ,✓" � ate THOMAS E. WARNER C Individually as heir and beneficiary a � �� , _ g �; �b.�� . Date NIN CERRUTI Individua ly as heir and beneficiary In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0751 Estate of Gladys Mae Warner, Deceased Late of Township of North Middleton First and Final Account Donald E. Warner, Executor Date of Death: 06/27/2012 Date of Incapacity, if any: None Date of Executor's Appointment: 07/10/2012 Date of First Complete Advertisement: Accounting for the period: 06/27/2012 to 01/31/2014 Purpose of Account: Donald E.Warner, Executor,offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Bradley L Griffie Griffie 8�Associates, P.C. 200 North Hanover Street Carlisle, PA 17013 717-243-5551 Supreme Court I.D. No. 34349 SUMMARY OF ACCOUNT Estate of Gladys Mae Warner, Deceased For h neriod nf.��ne 27, 2012 thro�ph .�an�arv�, 2014 PAGES PRINCIPAL Receipts: This Account A 307,003.70 Net Gain (or Loss) on Sales or Other Dispositions 0.00 307,003.70 Less Disbursements: C Debts of Decedent 827.51 Funeral Expenses 13,666.35 Administration Expenses 6,771.17 Federal, State� Local Taxes 11,524.66 Commissions o.00 Fees 7,000.00 Family Exemption 3,500.00 43,289.69 Balance Before Distributions 263,714.01 Transfer to(from) Principal TP 0.00 Distributions to Beneficiaries p 147,700.00 Principal Balance on Hand PBOH 116,014.01 For Information: Investments Made Changes in Holdings F INCOME Receipts This Account 0.00 Net Gain (or Loss)on Sales 0.00 or Other Dispositions 0.00 Less Disbursements o.00 Balance Before Distributions o.00 Transfer to(from) Income T� 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND CBOH 116,014.01 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value �b Avalon Insurance premium refund 45.10 Capital Blue Cross premium refund 626.07 Capital Blue Cross premium refund 20.64 Carlisle Regional Medical Center Refund of 19.59 overpayment Citizens Bank- 6,807.44 Checking Account No.XXXX)CX7718 Citizens Bank- 7,580.27 Checking Account No.)CX)CXXX9240 Citizens Bank- 729.56 Savings Account No.XXXXXX6530 Citizens Bank- 66,690.81 Certificate of Deposit No.XXXXXX3095 Citizens Bank- 66,690.81 Certificate of Deposit No.XX�CXX3109 Cumberland County Retirement(final payment) 362.84 Federal Income Tax Refund 91.00 Prudential Life Insurance 12,124.57 Real Estate Tax Rebate 300.00 Total Cash 156,088.70 Personal Pronert,v, Personal Property Appraisal 3.215.00 Total Personal Property 3.215.00 Real Estate 115 Cavalry Road, Carlisle- 147.700.00 North Middleton Township Cumberland County, Pennsylvania Assessed value$147,400.00 July 1,2012 CLR 1.0 Total Real Estate 147,700.00 Total Receipts so�,00s.�o A-1 SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value Total Receipts of Principal 3o7,00s.�o A-2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent CenturvLink 07/18/2012 38.51 38.51 Comcast 06/27/2012 130.06 (Paid prior to death; processed after death) 130.06 Comcast(N and internetl 06/27/2012 130.06 130.06 North Middleton Authoritv 07/18/2012 82.30 82.30 PPL Electric Utilities 06/27/2012 71.64 (Paid prior to death; processed after death) 07/27/2012 85.73 157.37 Suburban PrQ�ane(Heatinq oill 06/27/2012 230.00 (Paid prior to death; processed after death) 230.00 C-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 1lSJ 06/27/2012 9.48 (Paid prior to death; processed after death) 9.48 York Waste 06/27/2012 49.73 (Paid prior to death; processed after death) 49.73 Total Debts of Decedent 827.51 Funeral Ex ep nses Funeral Ex e� 07/27/2012 Hoffman-Roth Funeral Home&Crematory, Inc. 12,431.03 12,431.03 Memorial Stone inscrintion to Baughman Memorials 12/20/2012 195.00 195.00 Wake/Memorial Service Meal 07/17/2012 1,040.32 1,040.32 Total Funeral Exnenses 13,666.35 Administration Exnenses C-2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Cohick 8�Associates Inersonal income tax returnl 04/15/2013 155.00 155.00 Cumberland Law Journal (Advertisinal 07/10/2012 75.00 75.00 Linden Hall Antiaues 08/14/2012 (Personal Property Appraisal) 85.00 85.00 Lititz Mutual Insurance Com�anv 08/20/2012 804.00 (Homeowner's Ins.) 08/26/2013 208.00 Homeowner's Insurance 1,012.00 Orrstown Bank(Bank feesl 07/24/2012 21.00 21.00 Probate Fees 06/27/2012 412.50 412.50 Robin Sollenberger.Tax Collector 10/23/2012 1,693.77 (2012 Real estate taxes) 11/19/2013 481.24 (2013 Cty-Twp Taxes) C-3 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 11/19/2013 1,900.25 (2013 Real Estate Taxes) 4,075.26 Suburban Pronane Heating Oil 08/20/2012 745.87 745.87 The Sentinel (Advertisinal 08/16/2012 189.54 189.54 Total Miscellaneous Administrative Exnenses 6.771.17 Federal�Stat�� and Local Taxes Inheritance Tax 06/27/2012 12,131.22 12,131.22 Inheritance Tax Discount ' 06/27/2012 -606.56 -606.56 Total Taxes 11,524.66 Fees Griffie 8�Associates(Finall 02/28/2014 7,000.00 7,000.00 C-4 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Total Fees 7.000.00 Family Exem tn ion Donald E.Warner 06/27/2012 3,500.00 3,500.00 Total Familv Exemotion 3,500.00 TOTAL DISBURSEMENTS OF PRINCIPAL 43.289.69 C-5 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 06/27/2012 Interim Distribution to Donald E.Warner(Real estate) 49,233.33 06/27/2012 Interim Distribution to Nina R.Cerruti(Real estate) 49,233.33 06/27/2012 Interim Distribution to Thomas E.Warner(Real estate) 49,233.34 147,700.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 147,700.00 D-1 PRINCIPAL BALANCE ON HAND Current Value Fiduciary 01/31/2014 Acquisition #Units Description or as Noted Value �asl� Orrstown Bank -43,289.69 -43.289.69 Total Cash -43,289.69 -43,289.69 ASSetS 115 Cavalry Road,Carlisle 147,700.00 Avalon Insurance premium refund 45.10 Capital Blue Cross premium refund 646.71 Carlisle Regional Medical Center Refund of overpayment 19.59 Citizens Bank 142,498.89 Cumberland County Retirement(final payment) 362.84 Federal Income Tax Refund 97.00 Interim Distribution to Donald E.Warner(Real estate) -49,233.33 Interim Distribution to Nina R.Cerruti (Real estate) -49,233.33 Interim Distribution to Thomas E.Warner(Real estate) -49,233.34 Personal Property Appraisal 3,215.00 Prudential Life Insurance 12,124.57 Real Estate Tax Rebate 300.00 Total Assets 159,303.70 -43,289.69 116.014.01 PBOH-1 . In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0751 Estate of Gladys Mae Warner, Deceased Signature ,� �'x�� Donald E.Warner, Executor . In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0751 Estate of Gladys Mae Warner, Deceased Verification Donald E.Warner, Executor under the Last Will and Testament of Gladys Mae Warner, Deceased, hereby declares under oath that helshe has fully and faithfully discharged the duties of his/her office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that,to his/her knowledge,there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete 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 authorities. Dated: �'Z/��7 �L��rt��61Lk��.-- �=-� �"" Donald E.Warner, Executor I hereby certify that written notice of the filing of this Account, and of the date, time and place when the same will be presented to the Court for confirmation and of the last day to file written objections to said Account, has been given to every unpaid claimant and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir, or next of kin. iffie, Esquire