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HomeMy WebLinkAbout04-17-14 (2) FAMILY SETTLEMENT AGREEMENT IN THE ESTATE OF ABEL T. CRUM, DECEASED AGREEMENT executed this _/_(�T)I day of A ,r-y 1 , 2014, by and between ABEL T. CRUM, JR., Executor of the Estate of ABEL T. CRUM, deceased, and MARYA. FRY, DEBORAH STAHL and ABEL T. CRUM, JR., heirs and beneficiaries of the Estate ofABEL T. CRUM. WHEREAS,ABEL T. CRUM, late of South Middleton Township, Cumberland County, Pennsylvania, died on July 27, 2013, having left a Last Will and Testament dated November 10, 2009. WHEREAS, on August 1, 2013, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint ABEL T. CRUM, JR., as Executor of the Estate ofABEL T. CRUM, in Estate Number 21-13-0837 upop4he proba—Ug of the aforesaid Last Will and Testament, and m r7l M Z"43 G7 ?J .rj >. m rn WHEREAS, the Executor has proceeded with the administration of said Esta- sistimg M o c> o of assets in the amount of$50,432.63, less disbursements in the amount of$10,18,I Lulea g „ n n _ $40,154.52 for distribution to heirs, as set forth on the First and Final Account, atru nd ca"ect r- m } copy of which is attached hereto and made part hereof as Exhibit "A", and a r\ Cn -°D 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 ABEL T. CRUM do hereby mutually agree as follows: I. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of ABEL T. CRUM, JR., Executor for the Estate ofABEL T. CRUM, 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 ABEL T. CRUM, and ABEL T. CRUM, JR., 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, 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. WITNESSETH: Date ABEL T. CRUM, JR., Executor and individually as heir and beneficiary Date MARYA CRY Individually as heir and beneficiary Date DEBORAH STAHL Individually as heir and beneficiary In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0837 Estate of Abel T. Crum, Deceased Late of Township of South Middleton First and Final Account Abel T. Crum, Jr., Executor Date of Death: 07/27/2013 Date of Incapacity, if any: None Date of Executor's Appointment: Date of First Complete Advertisement: Accounting for the period: 07127/2013 to 04/1512014 Purpose of Account: Abel T. Crum, Jr., 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 &Associates, P.C. 200 North Hanover Street Carlisle, PA 17013 717-243-5551 Supreme Court I.D. No. 34349 SUMMARY OF ACCOUNT Estate of Abel T. Crum, Deceased For the period of July 27. 2013 through April 15 2014 PAGES PRINCIPAL Receipts: This Account A 50,432.63 Net Gain (or Loss) on Sales or Other Dispositions 0.00 50,432.63 Less Disbursements: C Debts of Decedent 1,090.37 Funeral Expenses 166.00 Administration Expenses 3,816.85 Federal, State & Local Taxes 1,804.89 Commissions 0.00 Fees 3,400.00 Family Exemption 0.00 10,278.11 Balance Before Distributions 40,154.52 Transfer to (from) Principal TP 0.00 Distributions to Beneficiaries 0.00 Principal Balance on Hand PBOH 40,154.52 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 0.00 Balance Before Distributions 0.00 Transfer to (from) Income TI 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 40,154.52 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash 2002 Chevrolet Trailblazer 4,512.00 AARP Health Insurance Premium Refund 222.30 Blair Clothing Account Refund 9.99 Centurytel, Inc. Refund 38.98 Contribution from Fraternal Order of Eagles 500.00 F&M Trust- 4,645.08 Checking Account No.XXX1761 Interest on closed account 10.11 PA Central Federal Credit Union - 2,742.55 Savings Account No.XXXX8-019 PA Central Federal Credit Union - 10,320.80 Certificate of Deposit No.XXXX8-9a9 PNC Bank- 10,129.63 Certificate of Deposit No.XXXXXXX1702 PNC Bank- 4,044.62 Savings Account No. XXXXXX0916 Rowe's Auction Service(personal property auction) 2,125.50 Rowe's Auction Service(personal property auction) 6,408.00 Rowe's Auction Service(personal property auction) 2,854.00 Rowe's Auction Service(personal property auction) 1,751.00 State Farm - 19.21 Vehicle Insurance Premium Refund The Sentinel Subscription Refund 8.86 Yellow Breeches EMS, Inc. - 90.00 Refund of Ambulance Membership Total Cash 50,432.63 Total Receipts 50,432.63 Total Receipts of Principal 50,432.63 A-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent Ambulance Fund Membership 07/2712013 (Paid pre-death/processed post-death) 90.00 90.00 CenturyLink 08/13/2013 56.78 56.78 Griffie&Associates 08/13/2013 (Pre-death estate planning services) 212.50 212.50 Hubert Gilroy, Esauire 0 712 7/2 01 3 (Pre-death legal services) 200.18 200.18 Med-Ed (Electric) 08/26/2013 86.31 86.31 United Healthcare Premium 07/27/2013 (Paid pre-death/processed post-death) 444.60 444.60 Total Debts of Decedent 1,090.37 Funeral Expense s C-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Hollinger Funeral Home& Crematory. Inc 09/2412013 166.00 Stone Etching 166.00 Total Funeral Expenses 166.00 Administration Expenses Cumberland Law Journal (Advertising) 09111/2013 75.00 75.00 Orrstown Bank(Bank fees) 08/2012013 15.50 15.50 Probate Fees 09103/2013 273.50 273.50 Rowe's Auction Service 09109/2013 1,602.00 Auctioneer Expense 09120/2013 - 531.30 Auctioneer Expense 10/28/2013 437.75 Auctioneer Expense 10/28/2013 713.50 Auctioneer Expense 3,284.55 C-2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued The Sentinel (Advertising) 09/11/2013 168.30 168.30 Total Miscellaneous Administrative Expenses 3,816.85 Federal State. and Local Taxes Discount on Inheritance Tax 10/21/2013 -94.99 -94.99 Inheritance Tax 10/21/2013 1,899.88 1,899.88 Total Taxes 1,804.89 Fees Griffie& Associates 07/27/2013 3,400.00 3,400.00 Total Fees 3,400.00 TOTAL DISBURSEMENTS OF PRINCIPAL 10,278.11 C-3 PRINCIPAL BALANCE ON HAND Current Value Fiduciary 04115/2014 Acquisition # Units Description or as Noted Value Cach Orrstown Bank -10,278.11 -10,278.11 Total Cash -10,278.11 -10,278.11 A%%PtC 2002 Chevrolet Trailblazer 4,512.00 AARP Health Insurance Premium Refund 222.30 Blair Clothing Account Refund 9.99 Centurytel, Inc. Refund 38.98 Contribution from Fraternal Order of Eagles 500.00 F&M Trust 4,645.08 Interest on closed account 10.11 PA Central Federal Credit Union 13,063.35 PNC Bank 14,174.25 Rowe's Auction Service(personal property auction) 13,138.50 State Farm 19.21 The Sentinel Subscription Refund 8.86 Yellow Breeches EMS,Inc. 90.00 Total Assets 50,432.63 -10.278.11 40.154.52 PBOH-1 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 04115/2014 Acquisition or as noted Value TO: Abel T. Crum,Jr. 13,384.84 Deborah Stahl 13,384.84 Mary A. Fry 13,384.84 40,154.52 Total 40,154.52 PD-1 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0837 Estate of Abel T. Crum, Deceased 'w Signature Abel T. Crum,Jr., Executo In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0837 Estate of Abel T. Crum Deceased Verification Abel T. Crum,Jr., Executor under the Last Will and Testament of Abel T. Crum, Deceased, hereby declares under oath that he/she 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: yam/j/t/ AF,z2EG Abel T. Crum,Jr., Exec r 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, beneficiar , heir, or next of kin. B Griffie, Esquire