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Home My WebLink About02-03-15 ,:...J � C�� ORPHANS' COURT DIVISION � c� � �; r; COURT OF COMMON PLEAS OF CUMBERLAND COi�7�1�,_y � ? �j - - ,�-.-: {�.� Estate of Anne B.Negley, . c..� �,°; Deceased : No. 21-14-0026 ; �-.� ;; ::;� __ , _� ._-, . _r . - .. .. FAMILY SETTLEMENT AND FINAL RELEASE �v LL ;„ , _ FOR _r_ ��> � ESTATE OF ANNE B. NEGLEY, DECEASED �—' W'' KNOW ALL MEN BY THESE PRESENT,that WHEREAS, Anne B.Negley, late of Hampden Township, Cumberland County, Pennsylvania, deceased, died testate on December 19, 2013,having first made her Last Will and Testament, which was duly executed on June 24, 2011, and is duly recorded in the Cumberland County, Register of Wills Office at File Number 21-14-0026; WHEREAS, the said decedent, by the aforesaid Will, named Theodore J.Negley, as Executor; WHEREAS, Letters Testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, on January 9, 2014, naming Theodore J.Negley, as Executor.; WHEREAS, the Executor has gathered the assets of the estate of the decedent and the assets consist of personal property and monies, with a total value of$26,391.63 as set forth in Exhibit"A", vvhich is a statement of account of said Executor, and which is attached hereto and made a part hereof, and marked as Exhibit"A"; WHEREAS, the debts, deductions, including the payment of inheritance tax on the said estate,paid by the estate amount to $25,605.14, as set forth on Exhibit"B" attached hereto; thereby leaving a balance for distribution of$786.49 as set forth in the attachment labeled"Recapitulation" from which the Executor will withhold$786.49 for payment of final fees and any other proper expenses or liabilities of the estate which the Executor shall have received notice by that time, or which may otherwise be payable. Any balance remaining will be distributed to the beneficiaries, in the proportion of their interests and without further accounting. Such distribution will also include any funds received by the Executor 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 � 1 • to the attention of the Executor 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 son, Theodore J. Negley with a Fifty percent(50%) interest; her daughter, Jeanne L. Bingman with a Twenty-Five percent (25%) interest; and her son, John L.Negley with a Twenty-Five percent(25%) interest; 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 Exhibit"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 Executor, the parties further agree to indemnify the Executor and save him harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which he may incur, whether due to his negligence or otherwise, as a result of making the above described distributions without a court audit; WHEREAS,the decedent had various annuities with Prudential and American General and a transfer on death account with Wells Fargo bank that designated a beneficiary, said accounts are more fully set forth on attached Exhibit"D". Said accounts are non-prot�ate assets and are handled outside of the administration of the estate. They are listed in this agreement for information purposes only. NOW, THEREFORE, that we, Theodore J. Negley, Jeanne L. Bingman, and John L.Negley, 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 Executor, 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 Exhibit"C"; 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 2 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 Executor,his 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 Executor, 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 Executor 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 1� � u � , 2015. WITNESS: � i (�_� � L. ,,� y�� ' Theodore J.Negley � � ✓� , t ,� . � � � J nn L. Bingman � ,' lr 4� ; > j , ,: �. . � .:. , , , . John L. Negley � v' 3 COMMONWALTH OF PENNSYLVANIA : : SS. COUNTY OF L,(�,��,�,��-,�1�,� : h On this,the �-�C" day of � � � t , 2015, before me, a Notary Public, the undersigned officer, personally appeared Theodore J. Negley, 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. ; ' �L. L CC otary Public COMMONWEAITH OF_PENNSYLVANIA NOTARIAL SEAL Deborah L.Brenneman,Notary Public Camp Hil�Boro,Cumbertand County My Commisalon Expirea June 19,2018 ME� p N� �,y A SOC A 0 0 IEB 4 COMMONWEALTH OF PENNSYLVANIA . , : SS. COUNTY OF C�-�=�C�'��2 y,ct : On this,the��day of �(�,�,i,�,�, 2015, before me, a Notary Public, the undersigned officer, personally appeared Jeanne L. Bingman, 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. � �� ' ,� otary Public COMMOtdWEALTH 0_F PENNSYLVANlA N07ARIAL SEAL De4oeah L.Brenneman,Notary Pubtic Camp H'�I E3ara.Cumberland County My Commission�xpireg June 18,2018 MEMBER,PENNSYLVANIA A880CI T OF NOtARIES 5 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF �� : On this, the ��;�'~day of � � � �� , 2015, before me, a Notary Public, the undersigned officer, personally appeared Jo L. Negley, 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. f � , lt -��- otary Public CO(N1M�JNWEALTH OF �ENNSYLVANfA NOTP,R�AL 5EAL Deborah L,8renneman,Notary Public Camp Hill Boro,Cumberland Counry My Commission Expires June 18,2013 MEMBER, PENNSYLVANIA ASSQCIATION OF NOTARIES 6 RECAPITULATION Decedent's Assets—Exhibit "A" $26,391.63 Decedent's Liabilities/Probate Expenses—Exhibit"B" - $25,605.14 TOTAL $ 786.49 Reserve held in Estate Account for payment of remaining fees, and misc. expenses - $ 786.49 AMOUNT FOR DISTRIBUTION $ 0.00 7 Exhibit"A" ASSETS 02/04/14 Santander $ 18,929.38 02/10/14 M &T Bank—checking account $ 2,840.35 02/17/14 Met Life $ 51.06 03/10/14 Ted Negley Loan $ 700.00 03/17/14 Met Life, Inc. —stock $ 3,477.34 04/21/14 Toyota Sale $ 100.00 04/23/14 All State $ 19.50 OS/02/14 Federal Ta�c Return Refund $ 121.00 OS/20/14 Travelers Insurance Refund $ 108.00 06/03/14 State Tax Return Refund $ 45.00 TOTAL ASSETS $ 26,391.63 8 Exhibit"B" LIABILITIES/EXPENSES 02/02/14 Parthemore Funeral Home $ 4,913.00 02/02/14 Ted Negley (for partial payment to Parthemore Funeral Home,probate) $ 2,202.26 02/02/14 LL Bean Credit Card $ 802.32 02/02/14 Boscov's Credit Card $ 349.41 02/10/14 Reager& Adler, PC $ 360.00 02/18/14 Boscov's Credit Card $ 16.32 02/26/14 Reager& Adler, PC $ 583.68 03/12/14 Register of Wills, Agent—inheritance tax $ 12,920.23 03/30/14 Ted Negley (repay loan) $ 700.00 04/08/14 Gingrich Memorial $ 1,000.00 04/22/14 Brown& Schultz (accountant) $ 475.00 04/O1/14 Reager& Adler, PC $ 420.00 04/24/14 Reager& Adler, PC $ 585.00 OS/15/14 Register of Wills, Agent—inheritance tax $ 230 06/23/14 Reager& Adler, PC $ 80.00 07/03/14 Reager&Adler, PC $ 195.62 TOTAL EXPENSES $25,605.14 9 Exhibit "C" SCHEDULE OF DISTRIBUTION Theodore J. Negley - The sum of$0.00 at this time.. Jeanne L. Bingman— The sum of$0.00 at this time. John L. Negley— The sum of$0.00 at this time. 10 Exhibit "D" BENEFICIARY DESIGNATED ACCOUNTS The following accounts are beneficiary designated and are not part of the estate assets. This is for information purposes only. Wells Fargo—mutual funds/cash account—transfer on death 50%to decedent's son, Theodore J. Negley and 50%to decedent's Daughter, Jeanne L. Bingman $135,220.56 Prudential annuity—beneficiary designated, 50% to decedent's son, Theodore J. Negley and 50% to decedent's daughter, Jeanne L. Bingman $ 51,813.69 Prudential annuity—beneficiary designated, 50% to decedent's son, Theodore J. Negley and 50%to decedent's daughter, Jeanne L. Bingman $ 63,488.67 American General annuity—beneficiary designated to decedent's daughter, Jeanne L. Bingman $ 10,825.22 American General annuity—beneficiary designated to decedent's son Theodore J. Negley $ 26,886.66 11