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Home My WebLink About11-24-14 (2) F' f'�J (:_J n � � �. ORPHANS' COURT DIVISION `� o �� COURT OF COMMON PLEAS OF CUMBERLAND C �yfiJl�['Y �=' �� `� �. Q , �. ,��> .-� , .,.. �-, , , . .._ � ._�, : � r�� ; ,,•� Estate of Irene M. Lenda, : � -� � Deceased : No. 21-14-0036 -;-, ` ;, -,; ; �3 _ � FAMILY SETTLEMENT AND FINAL RELEASE �v �� :�;; FOR ' �._, ;�� c� ESTATE OF IRENE M.LENDA,DECEASED `� �� KNOW ALL MEN BY THESE PRESENT,that WHEREAS, Irene M. Lenda, late of Lower Allen Township, Cumberland County, Pennsylvania, deceased, died testate on November 2,2013, having first made her Last Will and Testament,which was duly executed on May 2, 1990, and is duly recorded in the Cumberland County, Register of Wills Office at File Number 21-14-0036; WHEREAS,the said decedent,by the aforesaid Will, named Alexander A. Lenda, as Executor who pre deceased her in death and then named Genevieve Collins, as Alternate Executrix of her Last Will and Testament; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on January 13, 2014, naming Genevieve Collins as Executrix.; WHEREAS, the Executrix has gathered the assets of the estate of the decedent and the assets consist of personal property and monies, with a total value of$41,100.04 as set forth in E�ibit"A", which is a statement of account of said Executrix, and which is attached hereto and made a part hereof, and marked as Exhibit"A". Said assets include a Lafayette Ambassadors Bank joint account with Genevieve Collins which is made a part of the estate for payment of expenses and distribution purposes; WHEREAS, the debts, deductions,and partial distributions, including the payment of inheritance tax on the said estate, paid by the estate amount to $17,624.06, as set forth on E�ibit"B"attached hereto; thereby leaving a balance for distribution of $23,475.98 from which the Executrix will/has: (i) withhold a gift to the grandchildren in the amount of$3,500.00; and (ii)withhold $1,500.00 for payment of final attorney's fees and payment of fiduciary taxes and any other proper expenses or liabilities of the estate which the Executrix shall have received notice by that time, or which may 1 � otherwise be payable; and(iii) distribute to the beneficiaries, in the proportion of their interests and without further accounting,the balance then remaining of$18,475.98 available for distribution, as set forth in the statement of the said Executrix,which is attached hereto and labeled"Recapitulation". Such distribution will also include any funds received by the Executrix subsequent to the date to which the attached Account is stated. Should any proper liabilities of the estate,whether for taxes or otherwise, arise or come to the attention of the Executrix any of the other parties thereafter,the beneficiaries agree to be jointly and severally liable thereof; WHEREAS, in accordance with the Will,the beneficiaries and their respective interest are: her daughter Genevieve Collins,her son Joseph Lenda,her son Michael Lenda,and her daughter Eva Reese; WHEREAS,the said beneficiaries are going to gift a total $3,500.00 to seven of the grandchildren of the decedent with $500 going to each of them to fulfill the decedent's wished that each grandchild receives $2,000. The decedent prior to death had distributed $1,500 each to the seven grandchildren and$Z,000 had been distributed to grandchild, Brian Collins; 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 E�ibit"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 Executrix,the parties further agree to indemnify the Executrix and save them harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which they may incur,whether due to their negligence or otherwise, as a result of making the above described distributions without a court audit; NOW,THEREFORE,that we, Genevieve Collins, Joseph Lenda, Michael Lenda, and Eva Reese, being all beneficiaries of the decedent, and being those persons entitled to inherit, do hereby each of us, acknowledge that we will or have this day received from the aforesaid Executrix, in full satisfaction and payment of all sum or sums of money, which amounts we will or 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 Eachibit"C"; 2 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 Executrix,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 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 Executrix,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 Executrix 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 11-}� day of �O�i�Y1�, 2014. WIT IE�S: --_._ ` �-�—� '`�� Genevieve Collins N4� ��.eS�� Joseph Lenda N n� �r�� Michael Le da Nnt- ��r-�s-e�-�- Eva Reese 3 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 Executrix, 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 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 Executrix,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 Executrix 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 1�j� day of ��f��'`��C , 2014. WITNESS: N � P�-�s=� -- � Genevieve Collins �� /{n�� W�-}��n Jo ph enda �� LS i �''��i�\ Michael Lenda �Ji ��i Eva Reese 3 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 Executrix,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 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 Executrix,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 Executrix 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 1�(-i� day of� e C , 20l 4. WITNESS: Genevieve Collins `��I�� ` oP61k�n ��. . � ,......., . ♦ �.. •.� �� ``� J�.� `'s�on E,,yo�� i Joseph Lenda �a�tr�� ` ry � • .� s �; � : � s!U � •� : p� % � f ' • � � . � � `e� �� Michael Lenda � �� Pu'� ry?: C7� • � . . �i��'��fobet..�'� �` �� I ' •••....•• �, �� Eva Reese '��eli1 C1��` 3 � , A{ � t . . , ,y as �� ... �i�'. � „i+r w ...-. „ � ��'�� , �� . � ..Ii.:`� ,%.i .. 4 � }x K. 's�"Yi }Y". .. , t .. . s•�r�r,+•� *�i�:.., i�t' ,..�.: '��Sl�y�:;i�r �.. 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 Executrix, 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 whatsoever,touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liabiliry 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 Executrix,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 Executrix 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 Vt 2014. WITN � : ., Genevieve Collins �FE`NNET"�!P.[�1� A1V.�'T'ORf,l�Y•A7-tAY'��» Hi� Joseph Lenda Michael Lenda � __,�,��._.�--- Ev Reese 3 f � COMMONWALTH OF PENNSYLVANIA , COMMONWEALTH OF PENNSYLVANIA Notariai Seal Rachel Sharkey, Notary Public : SS. Camp Hill BOro,Cumberland County �y �� My Commission Expires April 23, 2017 COUNTY OF CV�1 ��C�� 1 VL3 \V� : MEMBER,PENNSYLVANIA ASSOCIA7ION OF NOTAFIES On this,the�day of OV� '�(, 2014, before me, a Notary Public,the undersigned officer,personally appeared Genevieve Collins, 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. ___��.`�- Notary Public 4 STATE OF �c� �o l'�d� • . SS. COUNTY OF (�c�.��la5 : On this,the 1 '�� day of /U�V�M he.- , 2014,before me, a Notary Public, the undersigned officer,personally appeared Joseph Lenda, 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. -,%� �.--�- � �--.`� �i ota.ry Public �r>�� f� Q�C"��1� BRANDON D ROCHELI.E NOTARY PUBUC STATE OF COLORADO NOTARY ID 2013402.06.5� MY COMMISSION D�lRES APFiIL 17,2017 5 STATE OF ��'«�'`��/g : . SS. COUNTY OF �/ �'/ /�_� • On this,the�day of � J' ,2014, before me, a Notary Public, the undersigned officer, personally appeared Michael Lenda, 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. a - Nota ic � `,�111111,1/�/� ��`�,�oP81kih��. �� J��';by100 F�•�. ��i • F �� • �� ;�c� mio: ,+ � Q;G� plar,Y � •,' i � •a, [� • �w i '� �•' � 0. � i G�� PU��4 �: Q�� i�' �i' .�.� � ,,��. �`� s��j''•.��cbe��.'��• �� '�/ �`tt C O�� '��i��i�i�s�� 6 - F . � '':'f": ., � .. �.. ,w, � ...s � ,.�F. . ,. . 's,{ � . . . t � . •I...r �r • � .. y. „ � ..,,. . .. ` � �. ,.��„ :';. . . y�� , q$? �,•, STATE OF �1.��,-c.t,' �-t'"`_�� : . SS. COLTNTY OF (�-�G�-`�� • On this, the��`(`��-day of 1��^i��.irn.�„6'� , 2014,before me, a Notary Public, the undersigned officer,personally appeared Eva Reese,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 here�r}�s�set my hand and official seal. L ;' � � , /' � / � otary Public VANESSa VASQUEZ-ROCHE' NOTARY PUBLIC OF NEW JER3EY Wly Commission Expires 1HSROf8 7 RECAPITULATION Decedent's Assets—Exhibit"A" $41,100.04 Decedent's Liabilities/Probate Expenses—E�ibit"B" - $17,624.06 TOTAL $23,475.98 Gift distribution to the grandchildren $ 3,500.00 ($500 each to seven grandchildren) Reserve held in Estate Account for payment of remaining attorney's fees, Fiduciary taxes, misc. expenses - $ 1,500.00 AMOUNT FOR DISTRIBUTION $18,475.98 8 Exhibit"A" ASSETS Lafayette Ambassadors Bank—joint account 11/02/13 Starting balance $ 13,171.03 11/18/13 Life Insurance $ 4,988.35 11/25/13 Genevieve Collins $ 300.00 10/27/13 Interest Credit $ 1.23 11/29/13 Life Insurance $ 5,853.93 12/11/13 Genevieve Collins $ 300.00 12/19/l3 Prudential Financial $ 20.67 12/27/13 Interest Credit $ 1.18 Ol/27/14 Interest Credit $ •86 02/27/14 Interest Credit � •g 1 03/27/14 Interest Credit $ •72 04/25/14 Interest Credit $ .66 OSl27/14 Interest Credit $ .59 06/27/14 Interest Credit $ .64 07/24/14 Interest Credit $ .54 08/27/14 Interest Credit $ .60 09/26/14 Interest Credit $ •62 10/27/14 Interest Credit $ .56 TOTAL LAFAYETTE $24,642.99 Fulton Bank—estate account O 1/24/14 Starting balance $ 5.00 Ol/27/14 Prudential Stock $ 3,225.75 03/19/14 Veteran Affairs benefits $12,091.00 OS/O1/14 Transfer of funds from veteran account $ 1,118.13 09/10/14 Refund inheritance tax overpayment $ 17.17 TOTAL FULTON $16,457.05 TOTAL OF BOTH ACCOUNTS $41,100.04 9 Exhibit"B" LIABILITIES/EXPENSES Lafayette Ambassador Bank—joint account 11/OS/13 Senior Blue $ 63.70 11/11/13 Jeffrey Marks, DPM $ 35.00 11/15/13 Blue $ 1,341.00 11/18/13 Chase $ 5.52 11/20/13 Country Meadows $ 378.45 11/29/13 Morelli $ 774.07 12/03/13 Eva Reese $ 2,653.92 12/03/13 Genevieve Collins $ 2,653.92 12/04/13 Diamond RX $ 11.36 12/09/13 Joseph Lenda $ 2,653.92 12/13/13 Michael Lenda $ 2,653.92 12/19/13 Diamond Pharmacy $ 51.30 12/31/13 Reager&Adler,PC $ 447.50 Ol/15/14 Register of Wills $ 123.50 O1/17/14 Celtic Healthcare $ 60.00 O1/17/14 Tax Forms $ 20.00 O1/27/14 Reager&Adler, PC $ 547.50 O1/30/14 Register of Wills,Agent $ 728.63 03/18/14 Royer's $ 50.85 03/27/l4 Reager&Adler,PC $ 1,585.00 OS/OS/14 Reager&Adler, PC $ 717.50 OS/06/l4 Register of Wills $ 30.00 06/OS/14 Reager&Adler, PC $ 37.50 TOTAL EXPENSES $17,624.06 Fulton Bank—estate account No expenses written from Fulton Bank estate account. 10 Exhibit"C" SCHEDULE OF DISTRIBUTION Genevieve Collins- The sum of$2,653.93 was distributed from the Lafayette Ambassador Bank account in December,2013. The sum of$4,619.00, her share of the residual estate will be issued ftom the checking account. Joseph Lenda—The sum of$2,653.93 was distributed from the Lafayette Ambassador Bank account in December, 2013. The sum of$4,619.00, his share of the residual estate will be issued from the checking account. Michael Lenda — The sum of$2,653.93 was distributed from the Lafayette Ambassador Bank account in December, 2013. The sum of$4,618.99, his share of the residual estate will be issued from the checking account. Eva Reese—The sum of$2,653.93 was distributed from the Lafayette Ambassador Bank account in December, 2013. The sum of$4,618.99, her share of the residual estate will be issued from the checking account. 11