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Home My WebLink About02-05-15 `J C"::J � U7 � � � � 'T� � ��"J �� r"�-1 �� . FAMILY SETTLEMENT AGREEME�'�' C37 ` E `!� , � � , , r � IN THE ESTATE OF MARTHA L. TONER, D�C �ASEI) � � , . .:, . , .,, 3 _ t � �1 � � -:.; AGREEMENT executed this 3 day of � ,�� „ '�,�, 20:1�;7 by and �� <u; (� between SIISAN L. KENNEDY, Executrix of the Estate of MARTHA L. T.�'NER, ��ceased, and CAROL MATTHEWS and StISAN L. KENNEDY, heirs and beneficiaries of the Estate of MARTHA L. TONER. WHEREAS, MARTHA L. TONER, late of the Borough of Carlisle, Cumberland County, Pennsylvania, died on February 19, 2013, having left a Last Will and Testament dated October 28, 1991. WHEREAS, on March 4, 2013, the Register of Wills in and far the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint SZISAN L. KENNEDY, as Executrix of the Estate of MARTHA L. TONER, in Estate Number 21-13-0256 upon the probating of the aforesaid Last Will and Testament, and WHEREAS, the Executrix has proceeded with the administration of said Estate consisting of assets in the amount of $147,847.60, less disbursements in the amount of $77,072.64, leaving $70,774.91 for distribution to heirs, as set forth 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, the only parties in interest in said Estate are the above-named parties, and WHEREAS, said parties in interest desire that the Executrix 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 Executrix's 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 heirs and beneficiaries of the Estate of MARTHA L. TONER do hereby mutually agree as follows: l . � , 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of SZISAN L. KENNEDY, Executrix for the Estate of MARTHA L. TONER, deceased, and Proposed Schedule of Distribution relating thereto, and find them to be true and correct, and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. The parties hereto hereby agree 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 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 Orphan's Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 3. The parties hereby remise, release, quitclaim and forever discharge the Estate of MARTHA L. TONER, and SUSAN L. KENNEDY, Executrix, her heirs, Executrix, administrators and assigns, from all manner of acts, suits, claims, accountings, debts and demands whatsoever which we or any of us or our legal representatives or assigns may at any time hereafter have against said Executrix, estate, or assets thereof, touching or concerning the Estate of the Decedent. � 4. The parties hereto covenant and agree that they will contribute their 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 Executrix after the execution of this Family Settlement and Final Release. 5. The parties hereto hereby agree that they will at all times in the future and wherever necessary, appropriate or convenient, make, execute and deliver to said Executrix, 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 Executrix or any other person or party upon his 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, Executrix, 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. WITNESSETH: � � , �, �.`"_ �-".� -/,-� iL.�.L,�-� �� _ �'' �� "�� Date SIISANL. KENNEDY, � � Executri.x and individua/ly as hei and beneficiary �---, ,-� i -- ` ,� /'�/_/s ,�' �,�.,<.� �:�t t��-a- . _. --�--" � Date CAROL MATTHEWS Individually as heir and beneficiary In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0256 Estate of Martha L. Toner, Deceased Late of Borough of Carlisle First and Final Account Susan L. Kennedy, Executrix Date of Death: 02/19/2013 Date of Incapacity, if any: None Date of Executrix's Appointment: 03/04/2013 Date of First Complete Advertisement: 03/22/2013 Accounting for the period: 02/19/2013 to 01/05/2015 Purpose of Account: Susan L. Kennedy, Executrix, 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 Martha L. Toner, Deceased For h period of Febr�ary 19, 2013 through Januarv 5, 2015 PAGES PRINCIPAL Receipts: This Account A 147,847.60 Net Gain (or Loss) on Sales or Other Dispositions 0.00 147,847.60 Less Disbursements: C Debts of Decedent 44,503.17 Funeral Expenses 0.00 Administration Expenses 12,400.91 Federal, State 8� Local Taxes 5,168.61 Commissions 8,500.00 Fees 6,500.00 Family Exemption 0.00 77,072.69 Balance Before Distributions 70,774.91 Transfer to (from) Principal TP 0.00 Distributions to Beneficiaries 0.00 Principal Balance on Hand PBOH 70,774.91 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 70,774.91 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash Members 1st Federal Credit Union- 12.09 Regular Savings Account No.XX926-00 Members 1st Federal Credit Union- 2,918.19 Checking Account No.XX926-11 Members 1st Federal Credit Union - 1,879.33 Investment Savings Account No.XX926-05 Personal Property 1,000.00 PNC Bank- 840.55 Checking Account No.XXXXXX3011 Tax Proration at Settlement 1,197.44 Total Cash 7,847.60 Real Estate Residential Property- 140,000.00 26 Mountain Street, Mt. Holly Springs, Cumberland County, PA (Sold 12/1/14) Total Real Estate 140,000.00 Total Receipts 147,sa�.so Total Receipts of Principal 147,s4�.so A-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent Department of Public Welfare �Medicall 02/19/2013 41,858.26 Division of Third Party Liability 41,858.26 Sarah A. Todd Memorial Home �Final billinal 02/19/2013 2,644.91 2,644.91 Total Debts of Decedent 44,503.17 Administration Ex ep nses Abstract on estate real estate 02/19/2013 135.00 135.00 Cumberland Law Journal (Advertisinal 02/19/2013 75.00 75.00 Probate Fees 02/19/2013 363.50 363.50 C-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Susan L. Kennedv 02/19/2013 8,500.00 8,500.00 Total Commissions 8,500.00 Fees Griffie &Associates. P.C. 02/19/2013 6,500.00 6,500.00 Total Fees 6,500.00 TOTAL DISBURSEMENTS OF PRINCIPAL 77,072.69 C-3 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Real Estate closing fees and expenses: 02/19/2013 11,637.87 Realtor's Commission 7,195.00 Title Svcs(Notaries) 10.00 Transfer Tax 1,400.00 2014 Cty/Twp Taxes 824.54 2014-2015 School Taxes 2,147.23 Tax Duplicate 2.00 Final Water/Sewer Readinq 59.10 11,637.87 Sentinel (Advertising) 02/19/2013 189.54 189.54 Total Miscellaneous Administrative Exnenses 12,400.91 Federal. State. and Local Taxes Inheritance Tax 12/02/2014 5,013.22 5,013.22 Interest on Inheritance Tax 01/02/2015 155.39 155.39 Total Taxes 5,168.61 Commissions C-2 COMBINED BALANCE ON HAND Current Value Fiduciary 01/05/2015 Acquisition # Units Description or as Noted Value S�ash Orrstown Bank -77,072.69 -77,072.69 Total Cash -77,072.69 -77,072.69 QSS _ S Members 1st Federal Credit Union 4,809.61 Personal Property 1,000.00 PNC Bank 840.55 Residential Property 140,000.00 Tax Proration at Settlement 1,197.44 Total Assets 147,847.60 -77,072.69 70,774.91 CBOH-1 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 01/05/2015 Acquisition or as noted Value TO: Carol Matthews 35,387.45 Susan L. Kennedy 35,387.46 70,774.91 Total 70,774.91 PD-1 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0256 Estate of Martha L. Toner, Deceased Signature Susan L. Kennedy, Executrix In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0256 Estate of Martha L. Toner, Deceased Verification Susan L. Kennedy, Executrix under the Last Will and Testament of Martha L. Toner, 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: v� '' .� ' /5� usan L. Kennedy, Executrix 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. B ie, Esquire