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HomeMy WebLinkAbout10-17-14 (2) � 1 RECORDED OFFICE' OF REGI; T EF, OF lili-LS ESTATE OF DONNA N. GRUVER OCT 17 AM 1159 CM'-"';" OF File No. 21-13-1067 O R P ri tis--!S' MITT I,r CUM3ERL/ ;ln FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this ay of , 2014, 9A"' BETWEEN: JEFFREY L. GRUVER, JOHN T. GRUVER, LETTI M. GRUVER, and ROBERT C. GRUVER, being the legatees under the Last Will and Testament of Donna N. Gruver, late of the Township of West Pennsboro, Cumberland County, Pennsylvania, AND JEFFREY L. GRUVER and LETTI M. GRUVER, Co-Executors of the Estate of Donna N. Gruver, deceased, WHEREAS, Donna N. Gruver died September 23, 2013, testate; and WHEREAS, Letters Testamentary were granted to Jeffrey L. Gruver and Letti M. Gruver on October 4, 2013, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Donna N. Gruver have been liquidated or distributed and all her debts paid in full; and WHEREAS, the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Co-Executors, the said parties hereto WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 �. � � '• ; ! ,�.. t r. y. .. �.. � � .. # .� desire to waive the duty of the Co-Executors to file a First and Final Account with Proposed Schedule of Distribution for purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the parties hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of their distributive shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release Jeffrey L. Gruver and Letti M. Gruver, Co-Executors, from all claims and demands whatsoever arising out of settlement of the Estate of Donna N. Gruver. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representatives that they will contribute pro rata their shares 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 personal representatives after the signing, sealing and delivery of this family settlement agreement and final release. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 f IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: r (SEAL) J rey L. ruver J (SEAL) John T. Gruver r, Ir r VI (SEAL) Letti M. Gruver f (SEAL) Robert C. Gruver ' WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 � � J ,� T � � w� 1� �. .. ! � � h `` ff • i , � i, i � 9 '� 1 � � � -- � COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF Cu►� ���-�"� D On this, the day of 2014, before me, the undersigned officer, personally appeared JEFFREY L. GRUVER, JOHN T. GRUVER, LETTI M. GRUVER, and ROBERT C. GRUVER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. K—�e,� (SEAL) Notarial Seal Linda K.Klein,Notary public Shippensburg, PA Cumberland County My Commission Expires Autust f5,2016 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 4 «- 4 _. � , . ��� f�� � L'ri a �� � ?`�.e, .'`'.4,j In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-1067 Estate of Donna N. Gruver, Deceased Late of Township of West Pennsboro, Cumberland County First and Final Account Jeffrey L. Gruver and Letti M. Gruver, Executors Date of Death: 09/23/2013 Date of Incapacity, if any: None Date of Executors'Appointment: 10/04/2013 Date of First Complete Advertisement: 10/18/2013 Accounting for the period: 09/23/2013 to 10/02/2014 Purpose of Account: Jeffrey L. Gruver and Letti M. Gruver, Executors, offer 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: Jerry A.Weigle Esquire Weigle&Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 x SUMMARY OF ACCOUNT Estate of Donna N. Gruver, Deceased For the period of September 23, 2013 through October 2, 2014 Fiduciary Current Acquisition Proposed Distributions PAGES Value Value to Beneficiaries 17 10,774.31 10,774.31 PRINCIPAL Receipts: This Account 3 -4 571,394.43 Net Gain (or Loss) on Sales or Other Dispositions 5 -825.48 570,568.95 Less Disbursements: Debts of Decedent 6 18,271.02 Funeral Expenses 6 1,255.48 Administration Expenses 6 -7 12,741.48 Federal, State& Local Taxes 7 21,409.83 Commissions 7 -8 18,288.00 Fees 8 20,383.00 Family Exemption 0.00 92,348.81 Balance Before Distributions 478,220.14 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 9- 10 468,005.10 Principal Balance on Hand 11 10,215.04 For Information: Investments Made Changes in Holdings 12-13 INC ME Receipts This Account 14 559.27 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 559.27 Less Disbursements 0.00 Balance Before Distributions 559.27 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 15 559.27 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 16 10,774.31 Signature 18 Verification 19 - 2 - SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash F&M Trust Savings Account 6694 85,808.15 Accrued interest on above item through date of death 2.71 ING USA Annuity and Life Insurance Company- 111,452.10 annuity 7526, beneficiaries children of decedent Integrity Life Insurance Company-annuity 0070, 58,532.07 beneficiaries children of decedent North American Company-annuity 5421, 42,066.44 beneficiaries children of decedent Orrstown Bank Checking Account 9480 27,831.31 Accrued interest on above item through date of death 0.04 The Hartford -annuity 3477, beneficiaries children of 61,426.03 decedent Total Cash 387,118.85 Stocks/Listed 720.00000 shares Orrstown Bank Stock 12,549.60 186.00000 shares Prudential 14,528.46 Total Stocks/Listed 27,078.06 Real Estate 307 Franklin Way,Shippensburg-Southampton 145,100.00 Township, Franklin County,sold 1-31-14 Total Real Estate 145,100.00 Total Receipts 559,296.91 Subsequent Principal Receipt 09/02/2014 Adams Electric Cooperative-estate retirement 120.52 10/09/2013 Chambersburg Public Opinion-subscription refund 5.10 02/12/2014 Liberty Mutual Insurance-refund at cancellation 238.00 12/06/2013 Presbyterian Homes-refund of overpayment 10,325.87 05/19/2014 Prudential-refund of premium 12.50 01/31/2014 School Tax Proration-at real estate settlement 730.03 05/14/2014 U.S.Treasury-2013 federal income tax refund 656.00 12/01/2013 Valley Rural Cooperative-capital credit refund 9.50 - 3 - SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value Total Subsequent Principal Receipts 12,097.52 Total Adjustments and Subsequent Receipts 12,097.52 Total Receipts of Principal 571,394.43 i i - 4 - OA A 'T SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 0912412013 Orrstown Bank Checking Account 9480-check 33.20 clearing after date of death(Adams Electric) 10/08/2013 Advanced Disposal Services 57.54 10/08/2013 Borough of Shippensburg 38.20 10/08/2013 CFJMA 105.00 10/08/2013 Green Ridge Village 12,302.24 10/08/2013 Millenium Pharmacy Services 70.05 10/22/2013 Adams Electric Cooperative 34.98 10/22/2013 Green Ridge Village 3,888.00 10/22/2013 Millenium Pharmacy Services 477.14 11/13/2013 Fayetteville Volunteer Fire 274.00 12/12/2013 Cumberland Goodwill Fire Rescue EMS 990.67 Total Debts of Decedent 18,271.02 Funeral Expenses 10/22/2013 Premier Events-reception 591.48 06/12/2014 Shull-Koontz Memorials 664.00 Total Funeral Exoenses 1,255.48 Administration Expenses 10/04/2013 Register of Wills, Cumberland County 583.50 10/04/2013 Register of Wills, Cumberland County-payment in 15.00 advance for cost of filing PA Inheritance Tax Return 10/08/2013 Cumberland Law Journal-advertising Letters 75.00 Testamentary 10/08/2013 Register of Wills,Cumberland County-4 Short 20.00 Certificates 10/15/2013 Orrstown Bank-estate account checks 13.00 10/22/2013 Thornwood Village Homeowner's Association 646.00 11/12/2013 News Chronicle-advertising Letters Testamentary 129.50 - 6 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 11/13/2013 Liberty Mutual Insurance-dwelling fire insurance 252.36 11/19/2013 Adams Electric Cooperative 36.95 1212012013 Adams Electric Cooperative 33.86 01/14/2014 Borough of Shippensburg 38.20 01/14/2014 C FJ MA 105.00 01/14/2014 Orrstown Bank-estate account checks 31.40 01/28/2014 Adams Electric Cooperative 44.46 01/31/2014 Real Estate Settlement Expenses-including county 10,265.35 tax proration(42.49); realtor commission(8,700.00); realty transfer tax(1,451.00); borough of Shippensburg(34.86);and CFJMA(37.00) 02/04/2014 Thornwood Village Homeowner's Association 60.00 02/06/2014 Adams Electric Cooperative 63.91 03/20/2014 Weigle&Associates, P.C. -reimbursement for 50.00 postage,xerox copies,and long distance telephone calls 03/31/2014 Register of Wills, Cumberland County-1 Short 4.00 Certificate 04/17/2014 Myers Tax Service-2013 income tax preparation 150.00 04117/2014 U.S. Postmaster-certified mailing to Orrstown Bank 19.99 stock transfer agent 04/30/2014 Linda K. Klein-notary fee 24.00 04/30/2014 Register of Wills, Cumberland County-filing Family 75.00 Settlement Agreement 05/15/2014 Liberty Mutual Insurance-final billing for unpaid 5.00 premium Total Miscellaneous Administrative Expenses 12,741.48 Federal, State, and Local Taxes 12/12/2013 Register of Wills,Cumberland County-PA 21,000.00 inheritance tax payment at discount 05/08/2014 Register of Wills,Cumberland County-PA 409.83 inheritance tax balance due Total Taxes 21,409.83 - 7 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Commissions 1 211 21201 3 Jeffrey L.Gruver 4,750.00 12/12/2013 Letti M.Gruver 4,750.00 05/08/2014 Jeffrey L. Gruver 4,394.00 05/08/2014 Letti M.Gruver 4,394.00 Total Commissions 18,288.00 Fees 04/30/2014 Weigle&Associates, P.C. 20,383.00 Total Fees 20,383.00 TOTAL DISBURSEMENTS OF PRINCIPAL 92,348.81 - 8 - it SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Jeffrey L. Gruver 04/24/2014 ING USA Annuity and Life Insurance Company-1/4 27,863.02 Beneficiary Share of annuity 04/24/2014 Integrity Life Insurance Company-1/4 Beneficiary 14,633.02 Share of annuity 04/24/2014 North American Company-1/4 Beneficiary Share of 10,516.61 annuity 04/24/2014 The Hartford -1/4 Beneficiary Share of annuity 15,356.50 06/11/2014 Partial Distribution-CASH 45,000.00 07/01/2014 46.50000 shares Prudential-1/4 Beneficiary Share of stock 3,632.12 117,001.27 John T. Gruver 04/24/2014 ING USA Annuity and Life Insurance Company-1/4 27,863.03 Beneficiary Share of annuity 04/24/2014 Integrity Life Insurance Company-1/4 Beneficiary 14,633.02 Share of annuity 04/24/2014 North American Company-1/4 Beneficiary Share of 10,516.61 annuity 04/24/2014 The Hartford -1/4 Beneficiary Share of annuity 15,356.51 06/11/2014 Partial Distribution -CASH 45,000.00 07/01/2014 46.50000 shares Prudential -1/4 Beneficiary Share of stock 3,632.11 117,001.28 Letti M. Gruver 04/24/2014 ING USA Annuity and Life Insurance Company-1/4 27,863.02 Beneficiary Share of annuity 04/24/2014 Integrity Life Insurance Company-1/4 Beneficiary 14,633.01 Share of annuity 04/24/2014 North American Company-1/4 Beneficiary Share of 10,516.61 annuity 04/24/2014 The Hartford -1/4 Beneficiary Share of annuity 15,356.51 06/11/2014 Partial Distribution-CASH 45,000.00 07/01/2014 46.50000 shares Prudential-1/4 Beneficiary Share of stock 3,632.12 - 9 - SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Continued 117,001.27 Robert C. Gruver 04/24/2014 ING USA Annuity and Life Insurance Company-1/4 27,863.03 Beneficiary Share of annuity 04/24/2014 Integrity Life Insurance Company-1/4 Beneficiary 14,633.02 Share of annuity 04/24/2014 North American Company-1/4 Beneficiary Share of 10,516.61 annuity 04/24/2014 The Hartford -1/4 Beneficiary Share of annuity 15,356.51 06111/2014 Partial Distribution-CASH 45,000.00 07/01/2014 46.50000 shares Prudential-1/4 Beneficiary Share of stock 3,632.11 117,001.28 TOTAL DISTRIBUTIONS TO BENEFICIARIES 468,005.10 - 10 - PRINCIPAL BALANCE ON HAND Current Value Fiduciary 10/02/2014 Acquisition #Units Description or as Noted Value Casb Estate Checking Account 10,215.04 10,215.04 Total Cash 10,215.04 10,215.04 10,215.04 10,215.04 - 11 - SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS #Units cost ING USA Annuity and Life Insurance Company 09/23/2013 Inventoried 111,452.10 04/24/2014 Distributed -27,863.03 04/24/2014 Distributed -27,863.03 04/24/2014 Distributed -27,863.02 04/24/2014 Distributed -27,863.02 0.00 Integrity Life Insurance Company 09/23/2013 Inventoried 58,532.07 04/24/2014 Distributed -14,633.01 04/24/2014 Distributed -14,633.02 04/24/2014 Distributed -14,633.02 04/24/2014 Distributed -14,633.02 0.00 North American Company 09/23/2013 Inventoried 42,066.44 04/24/2014 Distributed -10,516.61 04/24/2014 Distributed -10,516.61 04/24/2014 Distributed -10,516.61 04/24/2014 Distributed -10,516.61 0.00 Orrstown Bank Stock 09/23/2013 720.00000 Inventoried 12,549.60 04/24/2014 -720.00000 Sold -12,549.60 0.00000 0.00 Prudential 09/23/2013 186.00000 Inventoried 14,528.46 07/01/2014 -46.50000 Distributed -3,632.12 07/01/2014 -46.50000 Distributed -3,632.12 - 12 - SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS Continued #Unity cost 07/01/2014 -46.50000 Distributed -3,632.11 07101/2014 -46.50000 Distributed -3,63211 0.00000 0.00 The Hartford 09/23/2013 Inventoried 61,426.03 04/24/2014 Distributed -15,356.50 04/24/2014 Distributed -15,356.51 04/24/2014 Distributed -15,356.51 04/24/2014 Distributed -15,356.51 0.00 Total 0.00 - 13 - r SCHEDULE G RECEIPTS OF INCOME Dividend Prudential 12/19/2013 98.58 03/20/2014 98.58 07/17/2014 98.58 295.74 TOTAL DIVIDEND INCOME 295.74 Interest/Bank F & M Trust Savings Account 6694 10/24/2013 interest date of death to closing 3.52 3.52 Orrstown Bank Checking Account 9480 10/07/2013 interest date of death to closing 0.49 0.49 TOTAL BANK INTEREST 4.01 Other Income The Hartford 09/24/2013 annuity income distribution 259.52 259.52 259.52 TOTAL RECEIPTS OF INCOME 559.27 - 14 - t .., INCOME BALANCE ON HAND Current Value Fiduciary 10/02/2014 Acquisition # Units Description or as Noted Value Casb Estate Checking Account 559.27 559.27 Total Cash 559.27 559.27 559.27 559.27 - 15 - COMBINED BALANCE ON HAND Current Value Fiduciary 10/02/2014 Acquisition # Units Description or as Noted Value cash Estate Checking Account 10,774.31 10,774.31 Total Cash 10,774.31 10,774.31 10,774.31 10,774.31 - 16 - PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 10/02/2014 Acquisition or as noted Value TO: Jeffrey L. Gruver One-Fourth of Residuary-CASH 2,693.57 2,693.57 2,693.57 2,693.57 TO: John T. Gruver One-Fourth of Residuary-CASH 2,693.58 2,693.58 2,693.58 2,693.58 TO: Letti M. Gruver One-Fourth of Residuary-CASH 2,693.58 2,693.58 2,693.58 2,693.58 TO: Robert C. Gruver One-Fourth of Residuary-CASH 2,693.58 2,693.58 2,693.58 2,693.58 Total 10,774.31 10,774.31 - 17 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-1067 Estate of Donna N. Gruver, Deceased Signatures Iw, Je 7T11W1 er, Co-Executor AND A , M " % 'a, Letti M. Gruver, Co- xecutor - 18 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-1067 Estate of Donna N. Gruver, Deceased Verification Jeffrey L. Gruver and Letti M. Gruver, Executors under the Last Will and Testament of Donna N. Gruver, Deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their 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 904 relating to unsworn falsification to authorities. Dated: (J l y/ Jeffr uver,MCo-Ex e uto1 �/vr _ Dated: to � �S � ' Let i A. Gruver, Co-Executor - 19 - `:. . 4 4 Y �. N