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HomeMy WebLinkAbout06-03-14 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION o A r m c o n, C-> ESTATE OF MARTHA M. COULSON, DECEASED , z ° FILE NO. 2013-00578 rrr � FAMILY AGREEMENT AND FINAL RELEASE c o c: THIS AGREEMENT by and between MARLENE K. LANZA, as Executrix of the u' -°+i CD Estate of MARTHA M. COULSON, Deceased, and MARLENE K. LANZA and JOHN E. COYLE, as beneficiaries. WHEREAS, MARTHA M. COULSON, late of Camp Hill Borough, Cumberland County, Pennsylvania, died testate on April 30, 2013, having first made her Last Will and Testament dated April 27, 2005, which instrument was admitted to probate and is recorded in Cumberland County, Register of Wills, File No. 2013-00578; WHEREAS, MARLENE K. LANZA has been duly appointed as Executrix of the Estate of Martha M. Coulson, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Martha M. Coulson, Deceased, are: 1. Marlene K. Lanza, sister 2. John E. Coyle, brother WHEREAS, pursuant to Article IV of the Last Will and Testament dated April 27, 2005, MARLENE K. LANZA and JOHN E. COYLE are entitled to EQUAL SHARES of the residuary estate; WHEREAS, each of the parties to this Agreement have been furnished with a complete Statement of Account as attached hereto and marked as Exhibit A; Page 1 of 5 WHEREAS, it is the desire of the parties to this Agreement that administration of this estate be completed and accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County,it being the desire of the parties to avoid the 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: 1. MARLENE K. LANZA, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account(Exhibit A)is true and correct and fully discloses all significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her 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 Executrix, MARLENE K.LANZA, her heirs, executors, administrators and assigns, JAN L. BROWN& ASSOCIATES, attorneys at law, and JAN L. BROWN,ESQUIRE ("Attorney") from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Martha M. Coulson, Deceased, except for errors and omissions of Attorney and Jan L. Brown&Associates and consequences arising from the same, unless such errors and omissions were caused as a result of inaccurate or incomplete information provided to Attorney by Marlene K. Lanza. 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. Page 2 of 5 3. Each of the parties does hereby acknowledge receipt of the assets described on the distribution schedule. 4. Each of the parties acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof 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 Executrix 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 Executrix after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 3 of 5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20`h day of May, 2014. WITNESS: a/tt �� MA NE K. LANZA, Executrix an eneficiary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the 201h day of May, 2014, before me, a Notary Public, the undersigned officer, personally appeared MARLENE K. LANZA, 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. I N ` P is =TWP. SEAL A KELLY ublic DAUPHIN COUNTY es Dec 17,2015 Page 4 o f 5 IN ESS WHEREOF, I have hereunto set my hand and seal this�day of 2014. WITNESS: JOHN E76VLEMeneficiary STATE OF NORTH CAROLINA SS: COUNTY OF FORSYTH On this the a day of 2014 before me, a Notary Public, the undersigned officer, personally appe d JOHN E. COYLE, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. KJ L Notary Public V /t n lV''yl CHARLENE S PECRAM Notary Poona WHOM county Norm Ctroft Commission E Nor 1,nth Page 5 of 5 ESTATE OF MARTHA M COULSON DATE OF DEATH APRIL 30, 2013 SUMMARY STATEMENT OF ACCOUNT Assets - Schedule A $ 66,191.58 Income - Schedule B $ 223.33 Principal Increases/Decreases - Schedule C $ (290.69) Disbursements - Schedule D $ (54,737.60) Assets Available for Distribution $ 11,386.62 Distributions to Beneficiaries - Schedule E $ 11,386.62 Balance $ _ Period 4/3012013-5/20/2014 Exhibit A ESTATE OF MARTHA M COULSON ASSETS SCHEDULE A DESCRIPTION VALUE AT DATE OF DEATH STOCKS AND BONDS Columbia High Yield Bond Fund; 10,996.019 shs @ $3.07/sh $ 33,789.59 Columbia Large Core Quantitative Fund; 3,240.805 shs @ $7.23/sh $ 23,431.02 United States Savings Bonds; Series E, Qty 2 $ 393.28 LIFE INSURANCE Monumental Life Policy 520SP21877; estate is beneficiary of life insurance $ 7,809.69 REIMBURSEMENTS/REFUNDS Essex House; refund $ 178.00 United States Treasury; 2013 1040 refund $ 590.00 $ 66,191.58 Period 4/30/2013-5/20/2014 ESTATE OF MARTHA M COULSON INCOME SCHEDULE B DESCRIPTION Dividend Income 5/31/13 Columbia High Yield Bond Fund $ 141.93 6/17/13 Columbia High Yield Bond Fund $ 81.40 $ 223.33 INVESTMENT ACTIVITY/REINVESTMENT 5/31/13 Columbia High Yield Bond Fund; 47.153 shs @$3.01/sh $141.93 Period 4/30/2013-5/2012014 ESTATE OF MARTHA M COULSON PRINCIPAL INCREASES/DECREASES SCHEDULE C DATE DESCRIPTION AMOUNT GAIN/LOSS 6/17/13 Columbia High Yield Bond Fund, 10,996.019 shs Net Sale Proceeds $ 32,658.18 Estate Value $ 33,786.64 $ (1,128.46) 6/17/13 Columbia High Yield Bond Fund; 47.153 shs Net Sale Proceeds $ 140.04 Cost Basis; purchased 5/31/13 $ 144.88 $ (4.84) 6/17/13 Columbia Large Core Quantitative Fund; 3,240.805 shs Net Sale Proceeds $ 24,273.63 Estate Value $ 23,431.02 $ 842.61 $ (290.69) Period 4/30/2013-5/20/2014 ESTATE OF MARTHA M COULSON DISBURSEMENTS SCHEDULE D DESCRIPTION CATEGORY AMOUNT Neill Funeral Home Inc Funeral $ 3,150.57 Blooms By Vickrey; funeral flowers Funeral $ 106.00 Minister honorarium Funeral $ 200.00 Funeral luncheon Funeral $ 885.92 Register of Wills, Cumberland County; probate fees Adm $ 248.50 Jan L Brown &Associates; legal fee Adm $ 5,500.00 Accountant; 2013 1040 income tax preparation fee Adm $ 205.00 Accountant; 2014 1041 income tax preparation fee Adm $ 350.00 Pennsylvania Vital Records; death certificate for Leroy A Coulson Adm $ 37.00 Sovereign Bank; bank charge Adm $ 34.96 USPS; registered mail charge Adm $ 17.82 Howard Roy Cohen MD Debt $ 283.73 Snoke Family Practice Debt $ 52.70 Bureau of Account Management, agent for Select Medical Corp Debt $ 2,000.00 PA Department of Revenue; Inheritance Tax Tax $ 41,658.40 Pa Department of Revenue; PA-41 fye 3/31/14 Tax $ 7.00 $ 54,737.60 Period 4/30/2013-5/20/2014 ESTATE OF MARTHA M COULSON DISTRIBUTION TO BENEFICIARIES ACCORDING TO LAST WILL AND TESTAMENT DATED APRIL 27, 2005 SCHEDULE E Marlene K Lanza, sister, 50% residuary estate 3002 Market St, Apt 1, Camp Hill, PA 17011 Cash distribution on or about 6/1/14 $ 5,693.31 John E Coyle, brother, 50% residuary estate 2074 Hibiscus Ln, Kernersville, NC 27284 Cash distribution on or about 6/1/14 $ 5,693.31 { $ 11,386.62 Period 4/30/2013-5/20/2014