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Home My WebLink About03-04-14 (2) ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Estate of James M. McGinniss, . Deceased : No. 21-21-0625 FAMILY SETTLEMENT AND FINAL RELEASE � FOR � � �� ESTATE OF JAMES M. MCGINNISS, DECEASED c; �" �r?�=� �� +� t r, T7 � � i�;f f 1"� ��'�:t. ,� -w�C'7 �;; .,,Q `_ F�;,:�� KNOW ALL MEN BY THESE PRESENT,that WHEREAS,Ja�i. � -� McGinniss, late of East Pennsboro Township, Cumberland County, Pennsy�q,ia��it'ia, � rv��— ��' ,c., e�� deceased, died intestate on May 31, 2012; '� WHEREAS, Letters Administration on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on June 18, 2012 naming Eleanor McGinniss as Administrator; WHEREAS,the Administrator has gathered the assets of the estate of the decedent and the assets consist of personal property and monies, with a total value of $320,227.13 as set forth in Exhibit"A", which is a statement of account of said Administrator, and which is attached hereto and made a part hereof, and marked as Exhibit"A"; WHEREAS,the debts and deductions, including the payment of inheritance t� on the said estate, paid by the estate amount to $87,161.78, as set forth on Exhibit"B" attached hereto; thereby leaving a balance for distribution of$233,065.35 from which the Administrator will/has: (i)withhold $2,500.00 for payment of final attorney's fees, (ii) withhold $2,000.00 for payment of fiduciary taxes and any other proper expenses or liabilities of the estate of which the Administrator shall have received notice by that time, or which may otherwise be payable, and (iii) distribute to the beneficiaries, in the proportion of their interests and without further accounting, the balance then remaining of $228,565.35 available for distribution, as set forth in the statement of the said Administrator, which is attached hereto and labeled"Recapitulation". Such distribution will also include any funds received by the Administrator subsequent to the date to which the attached Account is stated. Should any proper liabilities of the estate, whether for 1 ' taxes or otherwise, arise or come to the attention of the Administrator any of the other parties thereafter, the beneficiaries agree to be jointly and severally liable thereof; WHEREAS, in accordance with intestate succession, each beneficiary which are the siblings of the deceased, Eleanor McGinniss, Kathleen M. Haddow, Thomas McGinniss, and Theresa McGinniss Galloway will each receive a one fourth(1/4) of the decedent's interest in the estate; WHEREAS,the parties hereto agree that the remaining balance of the estate assets shall be distributed as set forth in the Schedule of Distribution, a copy of which is attached hereto as Exhibit"C"and made a part hereof, including distribution of all legacies as therein set forth. Without intending to limit the rights or remedies of the Administrator,the parties further agree to indemnify the Administrator and save her harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which she may incur, whether due to her negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, that we, Eleanor McGinniss, Kathleen M. Haddow, Thomas McGinniss, and Theresa McGinniss Galloway, being all living issue of the decedent, and being those persons entitled to inherit, do hereby each of us, acknowledge that we have this day received from the aforesaid Administrator, in full satisfaction and payment of all sum or sums of money, which amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit"C"; AND, each of us do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account 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 Orphans' Court Division of the Court of Common Pleas, Cumberland County, Pennsylvania. THEREFORE,we and each of us, do hereby remise, release, quitclaim and forever discharge the said Administrator, her heirs and assigns, of and from the said estate and from all actions, suits,payments, accounts,reckoning, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause, or thing 2 whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Administrator, that we will contribute pro-rata, our 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 Administrator after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release may be executed in any number of counterparts and each s�ich counterpart shall be deemed to be an original,but all such counterparts together shall constitute but one Agreement IN WITNESS WHEREOF we have hereunto set our hands and seal on this � day of l�e �'�^�s�� , 2014. � WITNESS: , � � _ � . � �. � �i'�9�� li�-'s,- j �� - — Eleanor McGinniss Kathleen M. Haddow Thomas McGinniss Theresa McGinniss Galloway 3 whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Administrator, that we will contribute pro-rata, our 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 Administrator after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release may be executed in any number of counterparts and each such counterpart shall be deemed to be an original,but all such counterparts together shall constitute but one Agreement � IN WITNESS WHEREOF we have hereunto set our hands and seal on this �� day of .� , , 2014. WITNESS: Eleanor McGinniss � � � �U ___ ��`-�� athleen M. Haddo Thomas McGinniss Theresa McGinniss Galloway 3 whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Administrator, that we will contribute pro-rata, our 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 Administrator after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release may be executed in any number of counterparts and each such counterpart shall be deemed to be an original,but all such counterparts together shall constitute but one Agreement IN WITNESS WHEREOF we have hereunto set our hands and seal on this �� day of r' �/ /' � 014. � WITNESS: Eleanor McGinniss Kathleen M. Haddow .--''-�� . � ,� � ! � ...r.-�,..��/��. � Thomas McGinniss Theresa McGinniss Galloway 3 whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Administrator,that we will contribute pro-rata, our 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 Administrator after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release may be executed in any number of counterparts and each such counterpart shall be deemed to be an original,but all such counterparts together shall constitute but one Agreement IN WITNESS WHEREOF we have hereunto set our hands and seal on this L� �S�dayof C y� , 2014. WITNESS: Eleanor McGinniss Kathleen M. Haddow Thomas McGinniss �� ,�.�-�- ` �� ''� ��,� -� Theresa McGinniss Galloway 3 STATE OF '�e w `��R,IL : : SS. COUNTY OF 13 R��1�/ : On this,the�day of .c,�-i r ) , 2014,before me, a Notary Public, the undersigned officer,personally appeared Eleanor McGinniss, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not ublic i M.Merroro,No�tarY btto �atA1 of New York,No:01 MA48899� Qualified in Broruc CountY Cert.Filed in New Yotic��11� Commission Expiros Aprt{ � 4 STATE OF : . SS. COUNTY OF : On this, the 1 cf� day of FebYuG-r� , 2014, before me, a Notary Public, the undersigned officer, personally appeared Kathleen M. Haddow, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ��.. ,�� ,�aOME R��,r I � • � . 11�� i J1�C�..l d ��'�o� Y Pv�`�.c'A�'N�:: Notary P � e 7. � s �� COMMtSSi�N ; � Ex irf S: � �3�I2t��0 : ' n,�; NUMG�ER ;Q . P • ° � �a2oazs .:'�� ; >'•. . �Q. . o°a 0 �'•.. .••� '� �� '•��A tRTH d �.`�� aI@sase�d*�� 5 STATE OF /�t : : SS. COUNTY OF GZe��'`'^Y : (/ !J On this, the o��day of py` , 2014,before me, a Notary Public, the undersigned officer, personally appeared Thomas McGinniss,known to me(or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public CGMMONWEALTH P NN; '�YLV NO`fARIAI SEAL VAtERIE GROSS,Nomry Pub�C Corr�ni�� DccembN'eCi 22,3Q18 6 STATE OF �C��S. �va��'2�� . Y : SS. COUNTY OF ��( � ��nl : J / On this, the�day of - , 2014,before me, a Notary Public, the undersigned officer, personally appeared Theresa McGinniss Galloway, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OOMM NW ��, Y � p�M,�.�� ; Notary Public Pnrxi Twp.,w� � MY Camnwsslon a 1�� M�EMBER,PENNSYl,VAMA AS9�'tA 7 RECAPITULATION Decedent's Assets—Exhibit"A" $320,227.13 Decedent's Liabilities/Probate Expenses—Exhibit"B" - $ 87,161.78 TOTAL $233,065.35 Reserve held in Estate Account for payment of remaining attorney's fees - $ 2,500.00 Reserve held in Estate Account for payment of fiduciary taxes and any misc. cost - $ 2,000.00 AMOUNT FOR DISTRIBUTION $228,565.35 8 Exhibit "A" CASH ASSETS 6/25/12 Eleanor McGinniss—loan to estate $ 5,000.00 6/25/12 Health Insurance check for EMS $ 1,000.22 6/25/12 United Concordia—dental refund $ 64.00 7/16/12 Charles Schwab—investment account $138,499.80 8/06/12 Commonwealth of Pennsylvania—deferred compensation $ 60,466.30 3/18/13 PSECU account close out $ 84.68 4/22/13 United States Treasury—tax refund $ 3,057.00 7/17/13 Proceeds from sale of real estate at 1463 Clover Road, Camp Hill, PA 17011 $106,873.51 8/19/13 Commonwealth of Pennsylvania—additional deferred compensation $ 276.97 12/16/13 Inheritance Tax Return $ 4,878.86 Interest for 2012 $ 14.42 Interest for 2013 (thru November) $ 16.21 Interest for 2014 $ 3.95 TOTAL ASSETS: $320,227.13 NON-CASH ASSETS 2011 Toyota Avalon value at date of death $24,957.00 less car loan assumed by Eleanor McGinniss -20,516.77 Value of vehicle transferred to Eleanor McGinniss $ 4,440.23 2010 Honda Fit Hatchback value at date of death $14,041.00 less car loan paid by Eleanor McGinniss -4,499.03 Value of vehicle transferred to Thomas McGinniss $ 9,541.97 ASSETS USED TO PAYOFF MORTGAGES AGAINST 1463 CLOVER ROAD, CAMP HILL, PA 17011 PSECU—three accounts, date of death balance $65,864.19 9 Exhibit"B" LIABILITIES/EXPENSES 06/29/12 Penn National Insurance $ 143.00 06/29/12 PPL Electric $ 48.65 06/29/12 Pennsylvania American Water $ 26.57 06/29/12 West Shore EMS-ALS $ 1,000.22 07/02/12 Cumberland County of PA Register of Wills $ 20.00 07/06/12 Debbie Lupold, Treasurer(School Real Estate Taxes) $ 2,032.41 07/06/12 East Pennsboro Township (Sewer) $ 289.80 07/10/12 Verizon $ 85.11 07/10/12 PSECU (payoff mortgage#48401) $ 1,130.20 07/17/12 Larry Pates (repairs to real estate) $ 800.00 07/20/12 Reager&Adler, PC $ 2,241.19 07/24/12 Shipley Energy $ 219.54 07/31/12 PSECU (additional payoff loan#48401) $ 404.45 08/02/12 Verizon $ 6.44 07/31/12 PPLElectric $ 64.63 08/15/12 Register of Wills, Agent(inheritance tax) $ 36,600.00 07/31/12 Pennsylvania American Water $ 68.93 08/12/12 Kathleen Haddow(cleaning house/hotel) $ 832.76 08/16/12 Rupperts Lawn Care & Landscaping Inc. $ 2,120.00 08/27/12 Pennsylvania American Water $ 60.67 08/28/12 PPL Electric $ 22.33 09/10/12 Rupperts Lawn Care& Landscaping Inc. $ 74.20 09/10/12 Penn National Insurance $ 143.00 09/12/12 Reager&Adler, PC $ 847.50 10/02/12 Pennsylvania American Water $ 56.99 10/02/12 PPL Electric $ 47.75 10/04/12 Rupperts Lawn Care & Landscaping Inc. $ 74.20 10/09/12 Shipley Energy $ 84.00 10/09/12 Shipley Energy $ 468.00 10/OS/12 Eleanor McGinniss (estate bills paid, see attached list) $ 28,422.65 10/30/12 East Pennsboro Township $ 138.00 11/Ol/12 PPL Electric $ 38.88 11/O1/12 Pennsylvania American Water $ 58.61 11/16/12 Rupperts Lawn Care & Landscaping Inc. $ 74.20 11/19/12 Shipley Energy $ 250.75 12/10/12 Pennsylvania American Water $ 56.75 12/10/12 PPL Electric $ 53.51 12/31/12 Pennsylvania American Water $ 49.32 12/31/12 Shipley Energy $ 1,011.68 12/31/12 PPL Electric $ 48.11 O1/23/13 East Pennsboro Township $ 138.00 10 O1/22/13 Rupperts Lawn Care & Landscaping Inc. $ 90.00 02/04/13 Pennsylvania American Water $ 45.23 02/04/13 PPL Electric $ 49.64 02/OS/13 Rupperts Lawn Care & Landscaping Inc. $ 45.00 02/OS/13 Shipley Energy $ 346.19 02/24/13 Pennsylvania Department of Revenue $ 2.00 02/26/13 H & R Block $ 125.99 03/O1/13 Pennsylvania American Water $ 45.43 03/11/13 PPL Electric $ 47.23 03/10/13 Reager& Adler, PC $ 62.50 03/27/13 Pennsylvania American Water $ 40.34 03/27/13 PPL Electric $ 46.03 04/13/13 Debbie Lupold, Treasurer(County/Twp Real Estate) $ 661.13 04/23/13 Shipley Energy $ 326.57 04/24/13 East Pennsboro Township $ 138.00 OS/O1/13 PPL Electric $ 50.70 OS/O1/13 Pennsylvania American Water $ 41.68 OS/07/13 Rupperts Lawn Care & Landscaping Inc. $ 74.20 OS/07/13 St. John Cemetery $ 659.08 OS/21/13 Penn Pest of York County $ 609.50 OS/30/13 PPL Electric $ 54.75 OS/30/13 Pennsylvania American Water $ 27.51 OS/30/13 Enviroquest $ 760.00 06/20/13 Rupperts Lawn Care & Landscaping Inc. $ 74.20 06/20/13 Reager&Adler, PC $ 219.50 07/02/13 Pennsylvania American Water $ 14.28 07/02/13 PPL Electric $ 73.17 07/23/13 PPL Electric $ 57.92 07/23/13 Pennsylvania American Water $ 14.31 07/23/13 Ruppert Lawn Care & Lanscaping Inc. $ 74.20 08/14/13 Register of Wills $ 100.00 08/14/13 Reager& Adler, PC $ 822.50 09/11/13 Reager&Adler, PC $ 192.50 10/O1/13 Murray Securus $ 780.00 11/OS/13 Reager& Adler, PC $ 37.50 TOTAL LIABILITIES/EXPENSES $ 87,161.78 11 Exhibit"C" SCHEDULE OF DISTRIBUTION Eleanor McGinniss —The sum of$56,196.66 which is her one-fourth share of the residual estate less the value of the 2011 Toyota Avalon in the amount of$4,440.23 as noted on Exhibit"A". A check will be issued from the Estate Checking Account. Kathleen M. Haddow— The sum of$60,636.89 which is her one-fourth share of the residual estate will be issued in the form of a check from the Estate Checking Account. Thomas McGinniss— The sum of$51,094.92 which is his one-fourth share of the residual estate less the value of the 2010 Honda Fit Hatchback in the amount of $9,541.97 as noted on Exhibit"A". A check will be issued from the Estate Checking Account. Theresa McGinniss Galloway— The sum of$60,636.89 which is her one-fourth share of the residual estate will be issued in the form of a check from the Estate Checking Account. 12