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Home My WebLink About10-02-14 �i -r� -��--`�1 Estate Settlement Agreement-Waiving Filing of Account �-„ � � � This Estate Settlement Agreement is by and between Darlen�3..° � rn b Cornman, o f 9 3 4 A l e x a n d e r S p r i n g R o a d, C a r l i s l e, P e nns ylvania 1701�; �c�., -_..,, ", � ,... .� �-.� Grant Hockenberry, of 513 San d Bank Road, Mount Holly Springs, � `-' ' ,. Pennsylvania 1 7 0 6 5; in t heir ca pacities as Co-Executors under the La�t Willaan8`' `y� � Testament dated May 29, 2013 of Mary Kathleen Fetter, a/k/a Mary H'. Fetter,� � , i Deceased, ��, LL=`�` � . a�` r�, , _r- u, ca and `�' �' Darlene L. Cornman, of 934 Alexander Spring Road, Carlisle, Pennsylvania 17015; the residuary and only legatee of the estate pursuant to paragraph Third (3rd) of the said Last Will and Testament; BACKGROUND a. Mary H. Fetter, a/k/a Mary Kathleen Fetter, ("Decedent") died on March 13, 2014, at the age of 99 years, a resident of the Thornwald Home, 442 Walnut Bottom Road, Carlisle, Pennsylvania 17013, leaving a Will dated May 29, 2013. b. Decedent's Will was admitted to probate by the Register of Wills of Cumberland County on March 28, 2014 to file No. 21-2004-0291. Letters Testamentary were issued to Darlene L. Cornman, and Grant Hockenberry as Co-Executors. c. In her Will, Decedent made no specific bequests and named Darlene L. Cornman as the sole residuary legatee. A copy of the Will is attached hereto as Exhibit "A." d. Due to the small size of the estate, the Co-Executors have not advertised the grant of letters Testamentary. The Co-Executors have prepared and filed a Pennsylvania lnheritance Tax Return. The estate is insolvent. Federal and state personal income tax returns were not required to be filed. e. The Co-Executors have paid, or propose to pay, all the taxes, debts and expenses of the estate known to them, to the extent that they have funds available, and they have no knowledge of any unpaid claims, absolute or contingent, which may be asserted against the estate nor do they have any reason to believe that there are any such claims, all as shown on the hereinafter described Exhibit "B," except that the Co-Executors have determined that a $117.27 claim from CenturyLink for telephone service that had been previously cancelled is not justified and the Co-Executors refuse to pay the claim, and except that the $32,278.25 Class 3 claim of the DPW is only partially ($1,008.19) to be satisfied, and except that none of the $352,275.34 Class 5.1 DPW claim is to be satisfied. ("DPW° stands for: The Pennsylvania Department of Public Welfare, Estate Recovery Program, of P.O. Box 8486, Harrisburg, Pennsylvania 17105-8486, the principal creditor of the estate.) f. The Co-Executors have liquidated the sole asset of the Decedent, an M&T Bank checking account having a date of death value of $4,524.10. g. An accounting of the principal and income received by the Co- Executors, and their disbursements, together with a Proposed Schedule of Distribution is attached hereto as Exhibit "B." The net value of the estate available for distribution to the sole legatee of the estate is $0.00. h. The Co-Executors desire to make distribution to the creditors of the estate as set forth in the "Disbursements" section of the First and Final Account which is attached hereto as Exhibit "B." Estate Sett/ement Agreement—Estate of Mary H. Fetter, Deceased Page 1 of 3 i. All parties hereto desire that this Estate Settlement Agreement make unnecessary the filing an accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County. NOW THEREFORE, intending to be legally bound, the parties do hereby: 1. Waive the filing of an account of the administration of the estate in any court, at the discretion of the Co-Executors. 2. Declare that the undersigned have examined the First and Final Account and Proposed Schedule of Distribution which are attached hereto as Exhibit "B" and find them to be true and correct in all particulars; accept and approve them with the same force and effect as if they had been prepared and filed with, audited, adjudicated and confirmed absolutely by a court of competent jurisdiction; and as if the balance of principal and income had been awarded by the Court in accordance with the Proposed Schedule of Distribution. Specifically, DPW does hereby consent to the payment of the Disbursements as shown on said First and Final Account attached hereto as Exhibit "B." 3. Warrant that DPW and the legatee named in the Proposed Schedule of Distribution are the sole parties in interest in the estate and entitled to receive the entire distribution thereof in accordance with the Account and Proposed Schedule of Distribution which are attached hereto as Exhibit "B." 4. Warrant that the undersigned know of no outstanding and unsatisfied claims against the estate, except as described in Background paragraph "e" of this Agreement. 5. Approve the payment of the Disbursements as shown in the Account and the distribution of$0.00 to the legatee as shown in the Proposed Schedule of Distribution, both of which are attached hereto as Exhibit "B." 6. Absolutely and irrevocably release and discharge the Co- Executors, and their heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to their administration of the estate and distribution in accordance with the Account and Proposed Schedule of Distribution which are attached hereto as Exhibit "B" and without a court accounting and adjudication. 7. Agree to refund to the Co-Executors any amount of the undersigned distribution which exceeds the amount to which the undersigned are entitled as may be finally determined by a court of competent jurisdiction. 8. Agree that this Agreement shall be binding and effective as against each legatee upon execution (signing) by that legatee and the Co-Executors. IN WITNESS WHEREOF, and with intent to be legal� bound hereby, the parties hereto have set the'r hands and seals this a?� day of Se��, 2014. .� �� Witness: � �k�''`�-� l.e'�n`'�-/''y`--- (Seal) r Darlene L. C rnman, Co-Exe utor Witness: �,/� �� Sea/) J G ant Hockenberry, Co-Executor Witness: �n� (Seal) Darlene L. C nman, Sole Legatee Estate Sett/ement Agreement—Estate of Mary H. Fetter, Deceased Page 2 of 3 State of Pennsylvania }ss. Counfy of Cumberland D��- On this, the � � day of��', 2014, before me, the undersigned officer, personally appeared Darlene L. Cornman, 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, 1 hereunto set my hand and official seal. 6 � (SEAL) COMMONWEAI-TH OF PENNSYLVANIA NOTAR�AL SEAI- Publ'ic TRISHAA•LIESS,Notary gorough of Cadisle.Cumbert M ?y��2018 WIy Commission Exp State of Pennsylvania }ss. County of Cumberland �d� da of�� 014, before me, the On this, the c� � Y �� undersigned officer, personally appeared Grant Hockenberry, 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 y hand and official sea/. ' �,p�, ,� ��,o (SEAL) COMMONWFJ�L.TH OF PENNSYLVANIA NOTARIAL SEAL TRiSHAA.LIESS,Notary Pubiic goro�gh of Carlisle.Cumbe�land CouMy,PA W1y Commission Expires May 20.2018 Estate Sett/ement Agreement—Estate of Mary H. Fetter, Deceased Page 3 of 3 < . l. � � � �'` � 1 .S 5 �.� .. S"'1' { �: 4 !� '� � 5 1:C + � �.{ r .�, 1 : 1 +h\ f '._ -1, I d 1 .. :* . Z � � �� '; .: � � � �+t " .. "��a- �sf �'��.i�` `� t � i a � } � E,�.. 4ryy 4 ' F",.lN' :i{ � � ati �di � . �{kg�j�_,u� tx � �i ��t�y Z �� J��' ��v y'WF�i � y2��, ty ___.,. i�_..,. . ,_� _._._�.._..�—...._...c--.e_..�_.i.......,Y...s_,..,...�. n:de:.fi�"'..°S J...v.' _. , z" LAST WILL AND T�STAMCNT or IVIARY H. �'ETTCR �, IVlary W. �etter, of 442 Walnut Bottom Road, Borough of Carlisle, Cumberland County, Pennsylvania 17013, being of sound and ciisposing mind, memory ancl understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills an�l Codicils heretofore made. f=1R5T I direct the payment of my just debts and funeral expenses as soon after my death as may be convenient. I direct tl�at all federal and Pennsylvania estate taxes, Pennsylvania inheritance taxes, and generation-skipping transfer tax payable as a result of my death, not limited to taxes attributable to property passing under this Will, shall be paid by my Executor from my residuary estate, including any part of my residuary estate that otherwise qualifies for a deduction for federal estate tax purposes. ��OND I declare that I am now the widow of Earl G. f=etter. I had one child, Beverly A. Boose, who has predeceased without issue. TI-�IRD All the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeaih to my niec� Darlene L. Cornman, of 93� Alexander Spring f:oad, Carlisle, Pennsylvania 17015, her heirs and assigns, provided my 5aid niece shall sun►ive me by a p�riod of ninety (90) days. In the event that my said niece should predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event all the rest, residue and remainder of my estate, real, ueath to m dbrother, G ant Hocicen�erry of 513 Sandb� situate, I give, devise and beq Y Banlc Road, Mount Holly Springs, Pennsylvania 17065. FOIJFZTI-1 I hereby nominate, constitute and appoint my said niece, Darlene L. Cornman and my brother Grant Hocicenberry, as Co-Executors of tl�is my Last Will and Testament, or the successor or survivor alone as sole Executor or Executrix, as the case may be. I further direct that no bond or other security shall be required of any Executor or Executrix appointed in this Will for the performance of his, her or its duties in any jurisdiction in whi�h f�e, srie or it may be called upon to act. The fierms Executor or Cxecutrix may be used interchangeably in ihis Will anci sliall refer to any Executor or Executrix appointed in this will, or any other Adminisfirator appointed by a court of competent jurisdiction. FIFTH In addition to, and not in limitation of, the powers conferred by law or by other provisions of this Will, my Co-Executors shall have the following powers, each of which may be exercised from time to time by my Co-Executors in their sole discretion: � Page 1 of 2 Lnst[�il!n►id Testnment�f A9nry H.I'etter � ��s�.� (a) To reiain in tl�e form received, and to sell either at public or private sale, or to distribute in {<ind, any real or personal property. (b) To manage botl� real and personal property. (c) To invest and reinvest in all forms of property, notwithstanding the fiact that any or all of ihe investments macle are of a character or size which but for ihis expressed authority woulcl not be considered proper for an Executrix. (d) To �x�rcise any option or rights arising from the ownership of investments. (e) To compromise claims without court approval and without the consent of any beneficiary. (fl My Co-Executors shall have the power to malce distributions in cash or in Icind, or partly in each, in divided or undivided interests, and the power to determine which assets sl�all be sold and which shall be clistributed in {cind, without riatice to or consent by any beneficiary. (h) My Co-Executors shall have the power to malce distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries'judgment is incapacitated or disabled. The distributions or payments shall be made in any one or more of the following ways, at the discretion of my fiduciaries: (1) Directly to the beneficiary; (2) directly to tlie creditor in payment of the debts or expenses of the beneficiary; (3) to the Guardian of the person or estate of the beneficiary; (�) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, incl�ading fio my fiduciarie5 in that capacity; (6) to any other person who shall have the care and custody of the person of tlie beneficiary; or (7) to a needs trust or other such trust or such other trust designed to supplement, but not to supplant, any insurance, Federal, State, local or other assistance, or other benefits due the beneficiary. Tl�ere shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of tl�e person to whom the funds were paid, and tlie receipt of the person shall be full acquittance of the fiduciaries. For purposes of this stib-paragraph, "minor" is defined to mean any person under the age of twenty-one (21). IN WITNE�S WHERE�F, I have hereunto set my liand and seal to this my Last Will and 'fe�tament, written on two (2) pages, tl�., 29#h day of May, 2013. /� �� (. :`` '- ,��, '� �° �`°"_` _ t , ` . � i � 1 j'�`�` _�� ) Mary I-I. Fetter �� Signed, sealzd, published, ancl declared by Mary H. Fetter, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have (iereunto subscribed our names as attesting witnesses. ._.... ,,�� , �; �//l`�/" � �� ; '1�l �1�f�?�—� �9 � ��,��a�� Pnge 2 of 2 I.nst 1'ViU mid Testa�ne�it of A9nry Il.f etter FIRST AND FINAL ACCOUNT OF DARLENE L. CORNMAN AND GRANT HOCKENBERRY, CO-EXECUTORS OF THE LAST WILL AND TESTAMENT OF MARY, H. FETTER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED DATE OF DEATH: LETTERS TESTAMENTARY ADVERTISED: 3/13/14 CUMBERLAND LAW JOURNAL Not Advertised FILE NO.: THE SENTINEL 21-14-0291 Not Advertised PRINCIPAL RECEIVED - REAL ESTATE Accountants chargs themselves with the following principal amounts received: Date 2014 None TOTAL PRINCIPAL RECEIVED - REAL ESTATE: 0.00 PRINCIPAL RECEIVED - PERSONAL PROPERTY Accountants chargs themselves with the following principal amounts received: Date 2014 13-Mar M&T Bank Personal Checking Account No. 32773145 4,524.09 Accrued intered to date of death 0.01 13-Mar Personal belongings (clothing and personal effects at Thornwald nursing home. Given to charity, no value 0.00 13-Mar One (1) Cemetary Lot at Westminster Cemetery 0.00 Cumberland County, Pennsylvania No value Cemetery will accept "donation" of lot. TOTAL PRINCIPAL RECEIVED - PERSONAL PROPERTY: 4,524.10 Ist &final 10.2.14 Mary Fetter Estxls Page 1 �,,�E5�'�.. t.., „ INCOME RECEIVED Accountants charge themselves with the following income amounts received: Date 2014 8-Apr M&T Bank - Interest on personal checking account 0.03 Account No.: 32773145 8-May M&T Bank- Interest on personal checking account 0.01 Account No.: 32773145 6-Jun M&T Bank - Interest on personal checking account 0.01 Account No.: 32773145 2-Oct AdditionalIncome 0.03 TOTAL INCOME RECEIVED 0.08 DISBURSEMENTS Accoutants claim credit for the following amounts paid: Date 2014 13-Mar Checks cleared after death - None 0.00 M&T Bank Personal Checking Account No. 32773145 22-Aug Pennsylvania Department of Public Welfare Estate Recovery Program - See Attached Receipt Total Claim: $385,553.59 Class 3 Claim: $32,278.25 Class 5.1 Claim: $353,275.34 Balance of Estate to Department of Public Welfare 1,008.19 2-Oct Register of Wills - Probate Fee and Short Certificate 108.50 Reimburse Frey &Tiley Note: Filing Fee of Inheritance Tax Return Included in Probate fee 2-Oct Thornwald Home 1,261.31 2-Oct Hoffman-Roth Funeral Home 416.15 2-0ct Westminster Cemetary (Reimburse Darlene Cornman) 210.00 Gravemarker- Engrave date of death 1 st &final 10.214 Mary Fetter Estxls Page 2 2-0ct Co-Executor's Fee - Darlene L. Cornman 375.00 2-Oct Co-Executor's Fee - Grant Hockenberry 375.00 2-Oct Attorney's Fees - Frey &Tiley 750.03 2-Oct Register of Wills - Filing Fee for Agreement &Release 20.00 TOTAL DISBURSEMENTS 4,524.18 RECAPITULATION Total Principal Received - Real Estate o.00 Total Principal Received - Personal Property 4,524.10 Total Income Received 0.08 Total Receipts 4,524.18 Less Total Disbursements 4,524.18 Balance for Distribution 0.00 PROPOSED SCHEDULE OF DISTRIBUTION 1) Darlene L. Cornman 934 Alexander Spring Road Carlisle, PA 17015 100% of Residuary Estate pursuant to paragraph Third 0.00 of Last Will and Testament Note: Cemetary lot of no value to be distributed to Darlene L. Cornman Total Distribution: 0.00 1 st &final 10.214 Mary Fetter Estxls Page 3 COMMONWEALTH OF PENNSYLVANIA : SS.. COUNTY OF CUMBERALND Before me, the undersigned officer, personally appeared Darlene L. Cornman and Grant Hockenberry, Co-Executors of the Last Will and Testament of Mary H. Fetter, Deceased, who, being duly sworn according to law, despose and say that the foregoing First and Final Account and Proposed Schedule of Distribution are true and correct to the best of their knowledge, information and belief. �� n�n� Darlene L. Cornman '� ,�-- .�� Grant Hocken rry Sworn to and subscribed before me �� this� day of ��o R2r a 0� . ��_ � � � , COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TRISHAA.LIESS,Notary PubiiC Boroigh of CacGsle,Cumbe�fand Couniy,PA My Commission Expires May 20,2018 1 st &final 10.2.14 Mary Fetter Estxls Page 4 � i+ �°��'t��l��' a � DEPARTMENT OF PUBLIC WELFARE September 25, 2014 FREY & TILEY LAW OFFICES STEPHEN D TILEY ESQUIRE 5 SOUTH HANOVER ST CARLISLE PA 17013 Re: Mary Fetter CIS #: 890189002 SSN: ###-##-0668 Date of Death: 03/13/2014 Dear Attorney Tiley: � This is to acknowledge receipt of payment in the amount of $1.008.19 regarding the above-referenced estate. This reflects payment up to the value of the estate. If any additionai funds become available, please contact me. Your cooperation in resolving this matter is appreciated. Sincerety, , �� Desiree D. Havasi Claims Investigation Agent 717-772-6961 717-772-6553 FAX Bureau of Program Integrity I Division of Third Party Liability � Recovery Section PO Box 8486 � Harrisburg, Penr,sylvania 17105-8486 ��'