Loading...
HomeMy WebLinkAbout04-28-14 ti w -0 v o Cj IN THE COURT OF COMMON PLEAS OF � n r :;a Q CUMBERLAND COUNTY,PENNSYLVANIA � nJ C0 M o ORPHANS' COURT DIVISION r , ,-, o c5o ESTATE OF ELIZABETH H. VANDERGRIFT, DECEM-fly FILE NO. 2013-00750 ? i a Cn FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between CRAIG L. VANDERGRIFT, as a beneficiary and as Executor of the Estate of ELIZABETH H.VANDERGRIFT,Deceased, CRAIG L. VANDERGRIFT,as Co-Trustee of the testamentary trust f/b/o Susan L. Mease, NATHAN SHUMAN, as Co-Trustee of the testamentary trusts f/b/o Susan L. Mease and Debra G. Graham, ANDREA SHUMAN,as Co-Trustee of the testamentary trust f/b/o Debra G. Graham, and DEBRA G. GRAHAM and SUSAN L. MEASE, individually. WHEREAS, ELIZABETH H. VANDERGRIFT,late of Cumberland County, .Pennsylvania, died testate on July 2,2013, having first made her Last Will and Testament dated June 20,2013, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2013 00750; WHEREAS, CRAIG VANDERGRIFT has been duly appointed as Executor of the Estate of ELIZABETH H. VANDERGRIFT, Deceased, and WHEREAS, the parties in interest are: I. Craig L. Vandergrift, son 2. Debra G. Graham, daughter 3 Craig L. Vandergrift and Nathan Shuman, Co-Trustees for the benefit of Susan L. Mease, daughter 4. Nathan Shuman and Andrea Shuman, Co-Trustees for the benefit of Debra G. Graham,daughter. WHEREAS,upon mutual agreement of the parties, the sum of six thousand four hundred dollars($6,400.00) shall be given to DEBRA G. GRAHAM, for dog caregiver allowance. This I �� is not a specified bequest, however, if parties are in agreement the funds will be distributed prior to a final distribution. WHEREAS, CRAIG L. VANDERGRIFT,is entitled to one third(113)of the residuary property; WHEREAS,DEBRA G. GRAHAM is entitled to one-third(113)of the residuary property outright and not held in trust,AND a specific bequest of the real property located at I 1 Blackmore Court, Camp Hill, Pennsylvania, 17111, however,this bequest is to be held in trust in accordance with Article V of the Will with NATHAN SHUMAN and ANDREA SHUMAN, CO-TRUSTEES. Pursuant to Cumberland County Orphans Court Order dated December 5, 2013, Andrea Shuman has been substituted in place of Craig Vandergrift as Co-Trustee of this trust; WHEREAS, SUSAN L.MEASE is entitled to one third(1(3)of the residuary property, however,her share is to be held in trust in accordance with Article IX with CRAIG L. VANDERGRIFT and NATHAN SHUMAN, CO-TRUSTEES; WHEREAS,JILL KEITER is entitled to a specific bequest of TEN THOUSAND DOLLARS ($10,000.00), and upon receipt thereof signed a Receipt and Release Agreement. Said Receipt and Release Agreement is attached hereto and made a part hereof and marked Exhibit B;. WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A; 2 WHEREAS, it is the desire of the parties to this agreement that administration of this estate be completed and accomplished without a formal accounting and adjudication in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the additional expense, delay and publicity of a formal accounting. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: I. CRAIG L.VANDERGRIFT,Executor, does hereby state that he has fully and faithfully discharged the duties of his office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. He further states that all known claims against the Estate have been paid in full, and to the best of his knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executor, CRAIG L. VANDERGRIFT,his heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES or its successors,attorneys at law, and JACQUELINE A. KELLY,ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executor and Attorneys of the Estate of ELIZABETH H. VANDERGRIFT, Deceased, except for errors and omissions of JACQUELINE A. KELLY, ESQUIRE, and JAN L. BROWN& ASSOCIATES or its successors, and consequences arising from the same, unless such errors and omissions were caused as a result of inaccurate or incomplete information provided to JACQUELINE A.KELLY,ESQUIRE, and JAN L. BROWN & ASSOCIATES or its successors,by CRAIG L. VANDERGRIFT. The parties 3 do further agree to indemnify and hold them harmless from any and all liability which may arise against the estate from creditors or claimants which do not arise from such errors and omissions. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 4. Each of the parties acknowledges that the terms of this Agreement shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executor that should any liability come due to the Estate of the said decedent after the signing of this Agreement, each will contribute pro rata his/her 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 Executor after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal this_day of , 2014 CRAIG L. VANDERGRIFT,Exec or, Beneficiary, and Co-Trustee of e testamentary trust f/b/o SUSAN L. MEA COMMONWEALTH OF PENNSYLVANIA S ' COUNTY OF On this the day of 014 before me, a Notary Public, the undersigned officer, personally appeared IG L. VANDERGRIFT known to me/or satisfactorily proven,to be the person who name is subscribed to the within instrument, and acknowledged that he executed the same r the purposes therein contained. IN WITNESS WHEREOF ereunto set my hand and official seal. Notary Public 4 however,her share is to be held in trust in accordance with Article IX with CRAIG L. VANDERGRIFT and NATHAN SHUMAN,CO-TRUSTEES; WHEREAS,JILL KEITER is entitled to a specific bequest of TEN THOUSAND DOLLARS ($10,000.00),and upon receipt thereof signed a Receipt and Release Agreement. Said Receipt and Release Agreement is attached hereto and made a part hereof and marked Exhibit B;. WHEREAS,each of the parties to this Agreement have been furnished with a complete listing of the estate assets,receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; WHEREAS,the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A; WHEREAS, it is the desire of the parties to this agreement that administration of this estate be completed and accomplished without a formal accounting and adjudication in the Orphans'Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the additional expense,delay and publicity of formal accounting. NOW,THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein,the parties do agree as follows: 1. CRAIG L.VANDERGRIFT,Executor,does hereby state that he has fully and faithfully discharged the duties of his office,and the Statement of Account(Exhibit A)is true and correct and fully discloses all significant transactions during the accounting period. He further states that all known claims against the Estate have been paid in full,and to the best of his knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executor,CRAIG L. VANDERGRIFT,his heirs, executors,administrators and assigns,JAN L.BROWN&ASSOCIATES or its successors,attorneys at law,and JACQUELINE A.KELLY,ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executor and Attorneys of the Estate of ELIZABETH H. VANDERGRIFT,Deceased,except for errors and omissions of JACQUELINE A.KELLY, ESQUIRE, and JAN L.BROWN&ASSOCIATES or its successors,and consequences arising from the same,unless such errors and omissions were caused as a result of inaccurate or incomplete information provided to JACQUELINE A.KELLY,ESQUIRE, and JAN L. BROWN&ASSOCIATES or its successors,by CRAIG L.VANDERGRIFT.The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the estate from creditors or claimants which do not arise from such errors and omissions. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 4. Each of the parties acknowledges that the terms of this Agreement shall be binding upon their respective heirs,successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executor that should any liability come due to the Estate of the said decedent after the signing of this Agreement, each will contribute pro rata his/her 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 Executor after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN MSS WHEREOF,I have hereunto set my han and seal thi/OitVay f 2014 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 2014. NATHAN SHUMAN, Co-Trustee of the testamentary trusts f/b/o DEBRA G. GRAHAM and SUSAN L. MEASE STATE OF COUNTY OF 'T�OG't" SS: On this the 14�day of the undersigned officer, ersay o a 2014 before me, a Notary Public, proven to be the person whose name is subscribed�to he within instrument,and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m hand and official seal. Notary ublic DONNA M. BRANGACCIO Notary Public, State of New York No. O1 BR6032744 Qualified in Rockland County Commission Expires Nov. 8, 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ! day of 014. DEBRA G. HAM, Beneficiary COMMONWEALTH OF PENNSYL ANIA r SS: ' COUNTY OF On this the day of 014 before me, a Notary Public, the undersigned officer,personally appeared DE G.GRAHAM known to me/or satisfactorily proven to be the person whose name is subscribed the within instrument,and acknowledged that she executed the same for the purposes therein c ma ed. IN WITNESS WHEREOF, I hereunto set my ha d and official seal. Notary Pu is y.sG:.MAii,4 .V a{ii{C1tl tc�£03f1r31t 00 '9 Vo" afjwi y :j flryle 'IMIr17"' 5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this I�f day of , 2014. ANDREA SHUMAN, Co-Trustee of the testamentary trust f/b/o DEBRA G. GRAHAM STATE OF NEW JERSEY COUNTY OF_&p CQ 3 SS: On this the 1 A14'day of "1 (. 2014 before me, a Notary Public, the undersigned officer, personally appeared ANDREA SHUMAN known to me/or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public r . Brenda Palmer Notary Public New Jersey My Commission Expires 2.21.18 No.2430264 ESTATE OF ELIZABETH H. VANDERGRIFT DATE OF DEATH DEATH JULY 2, 2013 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 712/2013 - 1114/2014 Assets - Schedul A $ 330,447.03 Income - Schedule $ 705.10 Disbursements - Sc h dule C $ 80,59771 Assets Available for Dist ' ution $ 250,554.42 Distributions to Beneficiaries Schedule D $ 248,554.42 Balance reserved for contingent s' $ 2,000.00 'The reserve balance will increase o decrease ba d on receipt of additional assets/income, presentation of an obli ation an or payment of additional charges. The reserve will be distributed to the residua be eficiaries after applicable adjustments. After final distribution is made, the residuary be ficiaries agree to reimburse the personal representative if called upon to pay furth r bilities of the decedent in the future. 1 f _ 2/14/2014 Exhibit A ESTATE OF ELIZABETH H. VANDERGRIFT DATE OF DEATH DEATH JULY 2, 2013 SUMMARY STATEMENT OF ACCOUNT ACCOUNTING PERIOD 712/2013 - 1/14/2014 Assets - Schedule A $ 330,447.03 Income - Schedule B $ 705.10 Disbursements - Schedule G $ (80,59711) Assets Available for Distribution $ 250,554.42 Distributions to Beneficiaries - Schedule D $ 248,554.42 Balance reserved for contingencies' $ 2,000.00 'The reserve balance will increase or decrease based on receipt of additional assetslincome, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary beneficiaries after applicable adjustments. After final distribution is made, the residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. 211412014 Exhibit A ESTATE OF ELIZABETH H. VANDERGRIFT DATE OF DEATH JULY2, 2013 ASSETS SCHEDULE A DESCRIPTION VALUE AT D REAL PROPERTY ATE OF DEATH Real property located at 11 Blackmore Court, Camp Hill, PA Vehicle; 2006 Toyota Sienna CE $ 215,000.00 CASH $ 12,609.00 PNC; Checking Account# 9328 PNC; Savings Account#5693 $ 80,364.83 $ 19,196.86 OTHER Hartford Insurance refund Wells Fargo IRA payment after death $ 403.34 June Social Security payment $ 1,095.00 $ 1,778.00 $ 3�30,447.03 *Value is based on appraisal dated October 23, 2013 by John Troup. Value constitutes cost basis to be used when reporting sale of property. 2/6/2014 ESTATE OF ELIZABETH H. VANDERGRIFT DISBURSEMENTS SCHEDULE C DESCRIPTION CATEGORY AMOUNT Myers Hamer Funeral Home Rolling Green Cemetery Funeral $ 8,746.00 Funeral luncheon Funeral $ 2,075.00 The Sentinel; legal advertising Funeral $ 905.81 Cumberland Law Journal; legal advertising Adm $ 178.92 Jan L Brown &Associates; legal fee Adm $ 75.00 Register of Wills; probate fees Adm $ 19,000.00 Register of Wills; petition to substitute trustee filing fee Adm $ 443.50 Register of Wills; Family Settlement Agreement filing fee Adm $ 15.00 Debbie Lupold, Treasurer; 2013 real estate taxes* Adm $ 20.00 JH Troup Appraisers; real estate appraisal Adm $ 2,404.72 Adrn Craig Vandergrift; out of pocket: mileage, postage, parking, copying Adm $ 300.00 PNC Bank; check image and counter check fees $ 93.30 Parks& Co. 2013 income and fiduciary tax prep; ESTIMATE Adm $ 7.50 PPL' Adm $ 555.00 Homelnstead Senior Care; outstanding bills Adm $ 349.36 East Penn Ambulance; outstanding bill Debt $ 6,458.60 ADT Security; outstanding bills Debt $ 88.00 US Treasury; 2012 taxes Debt $ 81.86 Gran-U-Lawn; outstanding bill Debt $ 1,999.35 Jan L Brown &Associates; outstanding debt Debt $ 43.23 PNC Bank; miscellaneous deduction Debt $ 1,142.50 Outstanding check 4833 cleared after death Debt $ 12.97 Inheritance Tax Debt $ 420.00 Tax $ 35,182.09 $ 8— 0,597.71 'Debra Graham to reimburse the Estate for$349.36 utility bills paid from Estate after she moved into real property as well as for her pro rated amount of the 2013 real estate taxes, which would be$1,202.36, for a total reimbursement to the Estate by Debra of: $1,551.72. 2/6/2014 ESTATE OF ELIZABETH H. VANDERGRIFT DATE OF DEATH JULY 2,2013 DISTRIBUTIONS TO BENEFICIARIES ACCORDING TO TERMS OF WILL DATED JUNE 20, 2013 SCHEDULE D Linda Keifer, friend, specific bequest per Will 3670 N.4th Street, Harrisburg, PA 17110 Paid on 11/13113 ck 1016 $ 10,000.00 Debra G. Graham, daughter 11 Biackmore Ct.,Camp Hill,PA Dog caregiver allowance' $ 6,400.00 1/3 residuary estate as follows: Cash adjustment2 $ (1,551.72) Cash distribution on or after 3/1/14 $ 1,515.14 $ (36.58) Testamentary trust f/b/o Debra G. Graham Nathan Shuman and Andrea Shuman, Co-Trustees Real property at 11 Biackmore Court, Camp Hill, PA',specific bequest $ 215,000.00 Craig L.Vandergrift, son 1545 Beechwood Boulevard, Pittsburgh, PA 15217 1/3 residuary estate as follows: Cash adjustment for Debra's reimbursement of expenses $ 775.86 Cash distribution on or after 3/1/14 $ 1,515.14 $ 2,291,00 Susan L. Mease, daughter (c/o Nathan Shuman and Craig Vandergrift as Co-Trustees of testamentary trust f/b/o Susan L. Mease 417 East Marble Street, Mechanicsburg, PA 17055 2006 Toyota Sienna CE $ 12,609.00 1/3 residuary estate as follows: Cash adjustment for Debra's reimbursement of expenses $ 775.86 Cash distribution on or after 3/1/13 $ 1,515.42 $ 2,291.00 $ 248,554.42 'Upon mutual agreement, dog caregiver allowance distributed to Debra Graham, but is not being considered as part of the residuary estate for purposes of distribution calculations as the parties agreed that Debra would receive this in addition to her 1/3 share of the residuary estate. 2Debra Graham's cash distribution from the Estate is reduced by$1,551.72,which represents the total amount of utilities and pro rated real estate taxes that the estate paid on behalf of Debra Graham and which she owes to the Estate. 'Value constitutes cost basis to be used when reporting sale of property. °Upon mutual agreement,2006 Toyota Sienna CE transferred to Susan Mease, and is not being considered as part of the residuary estate for purposes of distribution calculations as the parties agreed that Susan would receive this in addition to her 1/3 share of the residuary estate. 2114/2014 a. IN THE MATTER OF THE ESTATE : IN THE COURT OF COMMON PLEAS OF ELIZABETH H. VANDERGRIFT, : CUMBERLAND COUNTY,PENNSYLVANIA Deceased : ORPHANS' COURT DIVISION : NO.2013-00750 RECEIPT,RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, ELIZABETH H. VANDERGRIFT, during her lifetime executed a Last Will and Testament on June 20,2013; and WHEREAS, pursuant to Article IV of the Last Will and Testament, the sum of Ten Thousand Dollars ($10,000.00) was specifically bequeathed to the undersigned, JILL KEITER, with a mailing address of 3670 N. 4`h Street; Harrisburg,PA 17110; and WHEREAS, ELIZABETH H. VANDERGRIFT died on July 2, 2013, and Letters Testamentary were issued to CRAIGI. VANDERGRIFT, on July 5, 2013. NOW, THEREFORE,KNOW ALI.MEN BY THESE PRESENTS,that the undersigned, JILL KEITER,acknowledges receipt of the sum of Ten Thousand Dollars ($10,000,00), which constitutes a specific distribution of the bequest to which it is entitled under the will of said decedent. In consideration of which payment JILL KEITER does hereby forever release and discharge said Executor and his heirs and personal representatives, together with JAN L. BROWN & ASSOCIATES, attorneys at law, and specifically JACQUELINE A. KELLY, ESQUIRE from any and all claims by it for further accounts, payments or distribution concerning the said estate or arising out of the administration thereof. Page I of 2 IN WITNESS WHEREOF, the beneficiary has executed this Release thissQQ da of ✓ 2013, intending to be legally bound hereby. y J1 r/ COMMONWEALTH OF PENNSYLVANIA COUNTYOF l7c�uph n SS: S(ola- On this the — 1 O day of 2013, before me, e undersigned officer, personally appeared JILL KEITER known to me (or sattisfactorilrov ) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OF PENIdVLVANIA IAL S— Eq—��'�LCAMPBELL Public n 117M, DgUPHIN COUNTY xpires Jun 3, Notary Public 2017 Page 2 of 2