The URL can be used to link to this page

Home My WebLink About10-20-14 �/-;��,�9 rU FAMILY SETTLEMENT AGREEMENT � � � rn IN THE ESTATE OF GRAY D. WAGNER, DECE�`rS�D � `'' � -p .-,,,:�� '-'{ '."; ;::1 (�v �--- N � �,.';7 �� r'�� AGREEMENT executed this _�_�� day of ��-�j,i,� 'V , �2014, by a��C,, �.. , T] ;, -,-� between SALLY A WAGNER, Administratrix of the Estate of GRAY D. WAGNER, �cea�ed�:�� and DENISEA. WAGNER, heir and beneficiary of the Estate of GRAYD. 1�,A'�FNER.�� i--- °�'�' f--+ cn Q _ � � WHEREAS, GRAY D. WAGNER, late of West Pennsboro Township, Cumberland County, Pennsylvania, died on September 10, 2013, having died intestate with no known Last Will and Testament. WHEREAS, on September 24, 2013, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint SALLYA WAGNER, as Administratrix of the Estate of GRAYD. WAGNER, in Estate Number 21-]3-1029, and �WHEREAS, the Administratrix has proceeded with the administration of said Estate consisting of probate assets in the amount of $7,414.72 less d%sbursements made or debts due totaling in the am_olznt of$16,732.78, creating an insolvent estate and leaving no distribution to heirs, as set f'orth on_ the First and Final Account, a true and correct copy of which is attached hereto and made part hereof as Exhibit"A", and WHEREAS, Administratrix, from her own funds, assisted in paying the costs of administering this estate, as the estate was otherwise insolvent; WHEREAS, the only party in interest in said Estate is the above-named party, and WHEREAS, said party in interest desires that the Administratrix 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 Administratrix' 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 heir and beneficiary of the Estate of GRAY D. WAGNER does hereby mutually agree as follows: 1. Denise A. Wagner agrees and acknowledges that she has fully and carefully examined the First and Final Account of SALLYA WAGNER, Administratrix for the Estccte of GRAY D. WAGNER, deceased, and Proposed Schedule of Distribution relating thereto, and find them to be true and correct, and acceptable to her, and further that she has received a copy of this Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. Denise A. Wagner hereby agrees 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 she does hereby agree that she does 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. Denise A. Wagner remises, releases, quitclaims and forever discharges the Estate of GRAY A WAGNER,� and SALLY A WAGNER, Administratrix, her heirs, Administratrixs, administrators and assigns, from all manner of acts, suits, claims, accountings, debts and demands whatsoever which she or her legal representatives or assigns tnay at any time hereafter have against said Administratrix, estate, or assets thereof, touching or concerning the Estate of the Decedent. 4. I)enise A. Wagner covenants and agrees that she will contribute her 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 AdministratriX after the execution of this Family Settlement and Final Release. � � 5. Denise A. Wagner hereby agrees that she will at all times in the future and wherever necessary, appropriate or convenient, make, execute and deliver to said Administratrix, 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 Administratrix or any other person or party upon her 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. W SETH: t n -1 � �� ` ��-t. �� Date ALLYA AGNER, Administratri.x i� -i 3 �i y ��Z�z.�. �- ��z��- Date DENISE A. WAGNER Individually as heir ancl beneficiary In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-1029 Estate of Gray D.Wagner, Deceased Late of Township of West Pennsboro First and Final Account Sally A. Wagner, Administratrix Date of Death: 09/10/2013 Date of Incapacity, if any: None Date of Administratrix's Appointment: 09124/2013 Date of First Complete Advertisement: Accounting for the period: 09/10/2013 to 10/15/2014 Purpose of Account: Sally A.Wagner,Administratrix, 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 Gray D. Wagner, Deceased For the neriod of Sentember 10. 2013 thro��h October 15, 2014 PAGES PRINCIPAL Receipts: This Account A 7,012.22 Net Gain (or Loss) on Sales or Other Dispositions 0.00 7,012.22 Less Disbursements: C Debts of Decedent 4,688.12 Funeral Expenses 2,357.86 Administration Expenses 1,186.80 Federal, State 8� Local Taxes 0.00 Commissions 0.00 Fees 5,000.00 Family Exemption 3,500.00 16,732.78 Balance Before Distributions -9,720.56 Transfer to (from) Principal TP 0.00 Distributions to Beneficiaries 0.00 Principal Balance on Hand PBOH -9,720.56 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 -9,720.56 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash Capital One refund of overpayment 4.29 Discover Refund 2•37 Hay Check(Brenize) 414.00 Hay Check(McKeehan) 1,554.00 Hay Check(Newswanger) 2,000.00 Health Insurance direct payment to decedent 49.95 Health Insurance Direct Payment to decedent 39.41 Health Insurance direct payment to decedent 49.95 Health Insurance direct payment to decedent 49.95 Health Insurance direct payment to decedent 49.95 Orrstown Bank- 60.15 Checking Account No.XXXXX2734 Orrstown Bank- 213.61 Checking Account No.XXXXX3373 Orrstown Bank- 1,600.64 Checking Account No.XXXXX3944 PFB Members Service Corp. (Insurance refund) 411.45 Refund of retainer from Griffie&Associates 250.00 Reimbursement from American Express 42.50 USDA Disbursement 220.00 Total Cash 7,012.22 Total Receipts �,0�2.22 Total Receipts of Principal �,0�2.22 A-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent Andrews & Patel Associates. PC (Medical) 10/16/2013 258.26 258.26 Camp Hill Emergency Physicians 09/10/2013 2,469.00 2,469.00 Capital Cardiovascular Associates (Medical) 10/18/2013 14.66 14.66 CenturyLink(final bill) 10110/2013 137.29 137.29 CTI Networks 09/12/2013 81.00 81.00 Direct TV 09/12/2013 122.24 122.24 Holy Sairit Hosnital 09/10/2013 44.22 (Computer Credit, Inc.) 44.22 C-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Milton S. Hershe�Medical Center 09/10/2013 1,345.25 1,345.25 Quantum Imaging 8�Therapeutic Associates (Medical) 10/18/2013 112.81 11/27/2013 6.40 119.21 Southampton Township (Trash) 10/10/2013 48.90 48.90 West Shore Pathology Associates 09/10/2013 48.09 48.09 Total Debts of Decedent 4,688.12 Funeral Ex ep nses �aer Funeral Home. Inc. 09/10/2013 2,357.86 2,357.86 Total Funeral Exaenses 2,357.86 Administration Ex ea nses Cost of Aporaisal 01/20/2014 500.00 C-2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 500.00 Probate Fees 09/10/2013 443.50 443.50 The Cumberland Law Journal (Advertisinal 10/25/2013 75.00 75.00 The Sentinel (Advertisina) 10/25/2013 168.30 168.30 Total Miscellaneous Administrative Exnenses 1,186.80 Fees Griffie 8 Associates. P.C. 09/10/2013 5,000.00 5,000.00 Total Fees 5,000.00 Family Exemption Denise A.Wagner 09/10/2013 3,500.00 3,500.00 Total Familv Exemntion 3,500.00 C-3 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued TOTAL DISBURSEMENTS OF PRINCIPAL 16,732.78 C-4 PRINCIPAL BALANCE ON HAND Current Value Fiduciary 10/15/2014 Acquisition # Units Description or as Noted Value ach Orrstown Bank -16,732.78 -16,732.78 Total Cash -16,732.78 -16,732.78 QSS _ S Capital One refund of overpayment 4•29 Discover Refund 2•3� Hay Check(Brenize) 414.00 Hay Check(McKeehan) 1,554.00 Hay Check(Newswanger) 2,000.00 Health Insurance direct payment to decedent 239.21 Orrstown Bank 1,874.40 PFB Members Service Corp. (Insurance refund) 411.45 Refund of retainer from Griffie&Associates 250.00 Reimbursement from American Express 42.50 USDA Disbursement 220.00 Total Assets 7,012.22 -16,732.78 -9,720.56 PBOH-1 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 10/15/2014 Acquisition or as noted Value TO: Denise A.Wagner 0.00 0.00 0.00 0.00 Total 0.00 0.00 PD-1 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-1029 Estate of Gray D. Wagner, Deceased Signature (;e�1.: , ' - , `G, , � Sally A.W ' ner, Administra rix - 9 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-1029 Estate of Gray D. Wagner, Deceased Verification Sally A. Wagner,Administratrix under the Last Will and Testament of Gray D.Wagner, 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: /h! c't'��,f' /,�� ,�_ ��,�,� � C�l�� , �� Z Sally A.W�gner, Administratrix - 10 - 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, beneficiary, heir, or next of kin. <�� dl . r' ie, Esquire