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Home My WebLink About03-20-14 . _ ��I � l3�D�/5� o � G'� s � i�'1 f�1 . � � � � � � -�p �-y y� � c'� � i`_ � � O ;� � 'p�'"',,, C3) `:.� c'.:.� � FAMILY SETTLEMENT AGREEMENT � � �, 3 "� � . _ c> IN THE ESTATE OF WILLIAM D. HENRY, DECEASE� � � � � cn ,.� � � AGREEMENT executed this I 9� day of �a� C�t. , 2014, by and � between GREGORY W. HENRY, Executor of the Estate of WILLIAM D. HENRY, deceased, and CAROL L. HENRY, JEFFREY E. HENRY and GREGORY W. HENRY, heirs and beneficiaries of the Estate of WILLIAMD. HENRY. WHEREAS, WILLIAM D. HENRY, late of South Middleton Township, Cuxnberland County, Pennsylvania, died on April 6, 2013, having left a Last Will and Testament dated June 26, 2012. V�I�REAS, on April 22, 2013, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint GREGORY W. HENRY, as Executor of the Estate of WILLIAM D. HENRY, in Estate Number 21-13-0452 upon the probating of the aforesaid Last Will and Testament, and WHEREAS, the Executor has proceeded with the admuustration of said Estate consisting of assets in the amount of $516,807.87, less disbursements in the amount of $48,651.64, less interim distributions of$435,000.00, leaving $33,156.23 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 WILLIAM D. HENRY do hereby mutually agree as follows: ' i : � 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of GREGORY W. HENRY, Executor for the Estate of N'ILLIA�I D. HENRY, 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 co�rmed 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 WILLIAM D. HENRY, and GREGORY W. HENRY, Executor, his heirs, executors, administrators and assigns, from a11 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 tune 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, and/or 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. WITNE TH: i . 1 D e G OR . ENRY, Executor and individually h 'r and beneficiary � . / r � // ��, T D e CAROL L. HENRY � / � Individually as heir and beneficiary I�' � D!/ � ate JEFFREYE. HE Y Individu ly as h ' and beneficiary In the Court of Common Pleas of Cumberland County, Pennsyivania Orphans' Court Division File No. 21-13-0452 _ Estate of William D. Henry, Deceased Late of Township of South Middleton First and Final Account Gregory W. Henry, Executor Date of Death: 04/06/2013 Date of Incapacity, if any: None Date of Executor's Appointment: 04/22/2013 Date of First Complete Advertisement: Accounting for the period: 04/06/2013 to 02/15/2014 Purpose of Account: Gregory W. Henry, 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 William D. Henry, Deceased For the neriod of A rn il 6, 2013 thro��h F�hr�ary 1�F 2014 PAGES PRINCIPAL Receipts: This Account A 516,807.87 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 516,807.87 Less Disbursements: C Debts of Decedent 1,298.00 Funeral Expenses 0.00 Administration Expenses 18,605.58 Federal, State& Local Taxes z1,748.06 Commissions o.00 Fees 7,000.00 Family Exemption 0.00 48,651.64 Balance Before Distributions 468,156.23 Transfer to (from) Principal TP 0.00 Distributions to Beneficiaries p 435,000.00 Principal Balance on Hand pgpH 33;156.23 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 o.00 Less Disbursements 0.00 Balance Before Distributions o.00 Transfer to (from) Income TI 0.00 Distributions to Beneficiaries o.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND CBOH 33,156.23 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory � Fiduciary (Valued as of Date of Death) Acquisition Value Cash 2012 Personal Federal Income Tax refund 1,300.50 Advanced Disposal refund of overpayment 9.32 Carlisle Regional Medicai Center-Refund of 272.57 overpayment Centurytel, Inc.refund 17.19 F&M Trust Checking Account-Account No.XXX5100 14,948.47 F&M Trust Money Management-Account No. 318,100.78 XXX7266 Savings Bond 74.04 Subscription refund from the Sentinel 38.76 Tax Prorations credited at settlement 1,695.74 Travelers Insurance Premium refund(Homeowner's) 60.00 Totai Cash 336,517.37 Personal Pronertrr Personal Property Auctioned 5,923.50 Personal Property Sold 1,367.00 Total Personat Property 7,29U.50 Rpal FgtatP Residential Properly- 173,000.00 822 Forge Road,Carlisle,PA 17015 Total Reai Estate 173,000.00 Total Receipts s�s,so�.s7 Total Receipts of Principal 5�s,so7.s7 A-1 SCHEDULE C DlSBURSEMENTS OF PRINCIPAL Debts of Decedent �arlisle Regional Medicai Center 05/02i2013 272,57 272.57 CenturvLink 04/06/2013 87.01 05/20/2013 87.01 174.02 Med-Ed 05/20/2013 115.22 115.22 MedoRtions of PA 04/06/2013 2,72 05/02/2013 2;72 5.44 Real Estate Tax Payments (Cairns.Tax Collectorl 04/06/2013 501.52 501.52 South Middleton Townshin Water and Sewer 05/02/2013 121.31 121.31 UGI Utilities 05/02/2013 107.92 C-1 SCHEDULE C DISBURSEMENTS OF PRINCfPAL Continued 107.92 Totai Debts of Decedent 1.298.00 Administration Ex eR nses Advanced Disposal Services 06/19/2013 (Trash removal) 41.28 41.28 Auction Costs and Fees 05/14/2013 1,593.22 1,593.22 Bender's Hauling Itrash removall Q5124/2013 400.00 400.00 CPI Mechanical Contractors 04/06/2013 139.95 139.95 Cumberland Law Journal (Advertisinal 06/11/2013 75.00 75.00 MetEd (Utilitiesl 08/02/2013 377.44 377.44 C-2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Orrstown Bank(Bank feesl 06l06/2013 17.75 17.75 Probate Fees 09/03/2013 588.50 588.50 Real Estate Sale Costs 04/06/2013 14,424:78 Commission $10,380.00 Title Service Fee 10.00 Transfer Tax 1,730.00 School Taxes 1,695.66 CtylTwp Taxes 551.93 Final WaterlSewer 57.19 14,424.78 South Middleton Townshin Municiqal Authoritv 07/10/2013 121.31 121.31 Tax Pret�arer Fee 03/01/2014 (2013 Personal Income Tax Return) 250.00 250.00 The Sentinel (Advertisinal Q5/24l2013 168.30 168.30 Travelers (Homeowner's Ins.l 09/05/2013 244.00 C-3 SCHEDULE C DtSBURSEMENTS OF PRINCIPAL Continued 2a�a.00 UGI Utilities 09/05/2013 164.05 164.05 Total Misceltaneous Administrative Ex�enses 18,605.58 Federai, State. and Local Taxes Inheritance Tax 04/06/2013 22,892.69 22,892.69 Less Discount 04/06/2013 -1,144.63 -1,144.63 Total Taxes 21,748.06 �$ Griffie 8�Associates. P.C. 04/06/2013 7.DOQ.00 7,000.00 Total Fees 7.000.00 TOTAL DlSBURSEMENTS OF PRINCIPAL 48,651.64 C-4 PRINCIPAL BALANCE ON HAND Current Value Fiduciary 02/15/2014 Acquisition #Units Description or as Noted Value �ash �rrstown Bank -48,651.64 -48,651.64 Total Cash -48,651.64 -48,651.64 AS�EtS 2012 Personal Federal Income Tax refund 1,300.50 Advanced Disposal refund of overpayment 9.32 Carlisle Regional Medical Center 272.57 Centurytel, Inc. refund 17.19 F&M Trust Checking Account 14,948.47 F&M Trust Money Management 318;100.78 Interim Distribution to Carol L. Henry -145,000.00 Interim Distribution to Gregory W. Henry -145,000.00 Interim Distribution to Jeffrey E. Henry -145.000.00 Personal Property Auctioned 5.923.50 Personai Property Sold 1,367.00 Residentiai Property 173,000.00 Savings Bond 74.04 Subscription refund from the Sentinel 38.76 Tax Prorations credited at settlement 1,695.74 Travelers Insurance Premium refund(Homeowner's) 60.00 Total Assets 81,807.87 -48,651,64 33,156.23 PBOH-1 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 08/15l2013 Interim Distribution to Carol L. Henry 25,000.00 08/15/2013 Interim Distribution to Gregory W. Henry 25,000.00 08/15/2013 Interim Distribution to Jeffrey E. Henry 25.000.00 10/31/2013 Interim Distribution to Carol L. Henry 120,000.00 10l3112013 Interim Distribution to Gregory W. Henry 120,000.00 10/31/2013 Interim Distribution to Jeffrey E. Henry 120,000.00 435,OOQ.00 TOTAL DlSTRIBUTIONS TO BENEFICIARtES 435,000.00 D-1 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 02/15/2014 Acquisition or as noted Value TO: Final Distribution to Carol L. Henry 11,052.08 Final Distribution to Gregory W. Henry 11,Q52.07 Final Distribution to Jeffrey E. Henry 11,052.08 33,156.23 Total 33,156.23 PD-1 fn the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0452 Estate of William D. Hen , Deceased Signature � �, Gregory W. Henry, Executor . fn the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0452 Estate of Wiliiam D. Henry, Deceased Verification Gregory W. Henry, Executor under the Last Will and Testament of William D. Henry, 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 fulfy discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in fult; 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 penatties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: � z'7l�� Gregory W. Henry, 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. . ' fie, Esquire