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HomeMy WebLinkAbout03-27-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In the Matter of the Estate of CAROLYN E. BOWEN, late of Estate File No.: 2014 - 0773 East Pennsboro Township, Cumberland County, Pennsylvania, deceased rn C.>, 0 SETTLEMENT AGREEMENT AND FINAL RELEASES it ' � . ESTATE OF CAROLYN E. BOWEN -n THIS AGREEMENT, made this Zday of�� 2015,by'and bjweeii� SANDRA L. YOUNGBLOOD, TODD A. YOUNGBLOO , TIFFANY E. YOtNGBLO'OD, '- rn and AFTON L. BREWBAKER: o C WITNESSETH: WHEREAS, CAROLYN E. BOWEN, late of East Pennsboro Township, Cumberland County, Pennsylvania, deceased, died testate on November 21, 2013; and WHEREAS,the beneficiaries of the ESTATE OF CAROLYN E. BOWEN, deceased, were named in the Last Will and Testament of CAROLYN E. BOWEN, devising and bequeathing one specific item to each of her grandchildren; thereafter, her remaining estate in equal shares, as specified in the instrument, to her daughter and grandchildren: SANDRA L. YOUNGBLOOD, TODD A. YOUNGBLOOD, TIFFANY E. YOUNGBLOOD, and AFTON L. BREWBAKER; and WHEREAS, Letters Testamentary were duly issued to Sandra L. Youngblood by the Register of Wills of Cumberland County, Pennsylvania, on August 19, 2014; and WHEREAS, Letters Testamentary have been duly advertised as required by law; and WHEREAS, Sandra L. Youngblood, Executrix of the ESTATE OF CAROLYN E. BOWEN, has gathered the assets of the Estate, consisting of personal property as more fully set forth in the Account of Sandra L. Youngblood, Executrix, which is attached hereto and incorporated herein; and WHEREAS, it has been determined that the Decedent did not receive any type of assistance during the questioned period; therefore, the Pennsylvania Department of Public Welfare, Estate Recovery Program will not seek any recovery from this Estate; and WHEREAS, the known debts, expenses and taxes, including Pennsylvania Inheritance Tax, of the ESTATE OF CAROLYN E. BOWEN, have been paid, as reflected on the aforesaid Account of Sandra L. Youngblood, Executrix; and WHEREAS, the aforesaid beneficiaries of the ESTATE OF CAROLYN E. BOWEN have made such examinations as they desire of the statements, bank records,tax returns, estate inventories, cancelled checks, correspondence, and various other supporting documents pertaining to the ESTATE OF CAROLYN E. BOWEN. NOW, THEREFORE, KNOW YE, that we, SANDRA L. YOUNGBLOOD, TODD A. YOUNGBLOOD, TIFFANY E. YOUNGBLOOD, and AFTON L. BREWBAKER, being the beneficiaries of the ESTATE OF CAROLYN E. BOWEN, do hereby acknowledge that we will receive from Sandra L. Youngblood, Executrix, in full satisfaction of payment of all sums of money, legacies, bequests, devises and inheritances as are due under the laws of the Commonwealth of Pennsylvania, the amounts set forth opposite our names in the Schedule of Distribution contained in the attached Account of Sandra L. Youngblood, Executrix, within thirty (30) days after the filing of this Settlement Agreement and Final Release with this Honorable Court; AND, in order to avoid the time and expense involved in the filing and confirmation of a formal account and schedule of distribution with the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, we do hereby stipulate and agree that no such formal accounting is necessary and that distribution may be made in accordance with the Schedule of Distribution contained in the attached Account of Sandra L. Youngblood, Executrix, with the full force and effect as if same had been filed and confirmed by the said Orphans, Court Division. NOW, THEREFORE, upon receipt of said distribution, we do hereby remise, release, quitclaim, and forever discharge the said Sandra L. Youngblood, Executrix, her heirs, executors, administrators, and assigns, of and from the said Estate and from all actions, suits, payments, accounts, reckonings, claims, and demands whatsoever, touching upon the ESTATE OF CAROLYN E. BOWEN, and her fiduciary obligations as Executrix of the said Estate. AND, we do hereby further covenant and agree that should any claim or liability come due to the ESTATE OF CAROLYN E. BOWEN after the signing of this Agreement, we will contribute pro-rata our share of the Estate to satisfy any and all claims, demands, suits, or other causes of action which may be successfully prosecuted against the ESTATE OF CAROLYN E. BOWEN, deceased, or against Sandra L. Youngblood, in her capacity as Executrix of the said Estate. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above-written. WITNESS: A 6 S ndra L. Younto d, in ividually and as Executrix of the ate o CAROLYN E. BOWEN Tod A oun od, Beneficiary , 1 Ti y . Yo ngblood, Beneficiary d_r�, �� 4fton L. Brewbaker, Beneficiary COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this, the Zty of m h 2015, before me the undersigned officer, personally appeared SANDRA L. YOUNGBLOOD, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL 4ttmq 1A 74, TARA L SWARTZ No ry Public Notary Public HARRISBURG CITY,DAUPHIN COUNTY .My"Commistion Expires Oct 11,2616 COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this, the (; -day of n 2015, before me the undersigned officer, personally appeared TODD A. YOUNGBLOOD, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL, NOtary Public TARA L SWARTZ Notary Public HARRISBURG CITY, DAUPHIN COUNTY My Commission Expires Oct 11,2016 COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this, theZ-4ay of nfl-i'l-11 2015, before me the undersigned officer, personally appeared TIFFANY E. YOUNGBLOOD, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL NOta Public TARA L SWARTZ Notary Public HARRISBURG CITY,DAUPHIN COUNTY My Commission Expires Oct 11. 2016 COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this, the Z-Al ay of � 2015, before me the undersigned officer, personally appeared AFTON L. BREWBAKER, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. --"— NOTARIAL SEAL Nota Public TARA L SWARTZ Notary Public HARRISBURG CITY, DAUPHIN COUNTY My Commission Expires Oct 11, 2016 ESTATE OF CAROLYN E. BOWEN FINAL ACCOUNT OF SANDRA L. YOUNGBLOOD, EXECUTRIX REAL ESTATE AND BANK DEPOSITS: 6 Annette Drive, Enola, PA 17025' $ 156,500.00 Adjustment for taxes paid by Seller in advance of settlement 1,386.12 Members 1St Federal Credit Union (interest) 6.49 TOTAL BALANCE. $ 157,892.61 BANK ACCOUNTS AND MISCELLANEOUS PERSONAL PROPERTY: M&T Bank(checking xxxx8196)2 581.77 2004 Saturn Iona 3,553.00 RSR Auction (sale of miscellaneous personal property)4 388.00 SPECIFIC BEQUESTS: Grandfather clock' 1,500.00 Antique music box6 400.00 China flatware' 250.00 1 The real property located at 6 Annette Drive,Enola,PA was sold on September 11,2013 for$156,500. The estate was credited$1,386.12 for advance payments on real estate taxes and charged$13,782.76 for settlement charges. Additionally, there were liens and/or mortgages against the premises totaling$66,358.91,as well as a Seller's Assist in the amount of $7,825.00,resulting in net proceeds of$69,919.45. All charges and credits are noted under Administrative Expenses. The net proceeds were placed in an account held at Members I't Federal Credit Union. 2 The minimal funds in this account were used to pay debts of the Decedent prior to probate,including funeral expenses in the amount of$579.52;however,the Executrix did not retain a list of the exact debts paid. 3 Distributed to Sandra L.Youngblood pursuant to agreement of the beneficiaries so that the vehicle remained in the family. 4 The proceeds received from the sale of Decedent's miscellaneous personal property were used to pay additional debts of the Decedent prior to probate;however,the Executrix did not retain a list of the exact debts paid. 5 Distributed to Todd Youngblood pursuant to Item 4 of the Last Will&Testament of Carolyn E.Bowen. 6 Distributed to Afton Brewbaker pursuant to Item 5 of the Last Will&Testament of Carolyn E.Bowen. 7 Distributed to Tiffany Youngblood pursuant to Item 4 of the Last Will&Testament of Carolyn E.Bowen. ESTATE OF CAROLYN E. BOWEN FINAL ACCOUNT OF SANDRA L. YOUNGBLOOD, EXECUTRIX ADMINISTRATIVE EXPENSES Sandra L. Youngblood (reimbursement for bills paid for estate $ 2,080.00 Todd A. Youngblood (reimbursement for bills paid for estate) 8,000.00 Ronald Youngblood (reimbursement for bills paid for estate) 7,000.00 Tiffany E. Youngblood(reimbursement for bills paid for estate) 1,800.00 Geraldine A. Shammo (reimbursement for bills paid for estate) 3,680.71 Sandra L. Youngblood(commission) 7,825.00 Frank Tezak, III (reimbursement for movers and mortgage payments) 2,000.00 City of Harrisburg (parking ticket at attorney's office) 30.00 Sandra L. Youngblood (reimbursement for filing fee and legal publications) 389.40 Cumberland County Register of Wills, Agent (payment of Inheritance Tax) 1,637.28 Luther E. Milspaw, Jr., Esquire (attorneys' fees) 5,000.00 'Sandra L. Youngblood (reimbursement for electrical work and utility bills) 823.90 DCM Services, LLC (settlement of claim made against estate by M&T Bank)' 849.93 Cumberland County Register of Wills (filing fee - satisfaction and release of claim) 10.00 Cumberland County Register of Wills Settlement Agreement and Final Release 20.00 Keller Williams(commission on 6 Annette Drive, Enola) 5,095:00 Teampete (commission on 6 Annette Drive, Enola) 4,695.00 Luther E. Milspaw, Jr., Esquire (deed preparation for 6 Annette Drive, Enola) 100.00 PA Department of Revenue (realty transfer tax on 6 Annette Drive, Enola) 1,565.00 Debbie Lupold (2014-2015 property taxes for 6 Annette Drive, Enola) 2,085.82 Saidis, Sullivan& Rogers (tax certification fee for 6 Annette Drive, Enola) 10.00 Cumberland County Recorder of Deeds (filing fee - satisfaction of lien) 67.50 East Pennsboro Township (sewer/certification fee for 6 Annette Drive, Enola) 164.44 Seller Assist(sale of 6 Annette Drive, Enola) 7,825.00 M&T Bank (mortgage payoff on 6 Annette Drive, Enola) 42,862.91 U.S. Bankruptcy Court for the Middle District of PA (Case No. 1:11-bk-03144) 5,858.00 Redevelopment Authority of Cumberland County (municipal lien on 6 Annette Dr.) 17,638.00 TOTAL ADMINISTRATIVE EXPENSES AND DEBTS $ 129,112.89 8 This reimbursement includes$367.52 for electrical work which was paid to Todd A.Youngblood in error and which will be returned to the estate at final distribution. 9 This claim was made by M&T Bank in relation to account number xxxx8196 which was overdraw after Decedent's date of death. The funds in this account were used to pay debts of the Decedent prior to probate;however,the Executrix did not retain a list of the exact debts paid. Y ESTATE OF CAROLYN E. BOWEN FINAL ACCOUNT OF SANDRA L. YOUNGBLOOD, EXECUTRIX SCHEDULE OF DISTRIBUTION TO BENEFICIARIES Total Balance: $ 157,892.61 Amount owed to Estate: + 367.52 Minus Administrative Expenses and Debts - 129,112.89 Balance to be Distributed: $ 28,779.72 Residuary Estate: Sandra L. Youngblood (25%) $ 7,286.81 Less disbursements - 2,000.00 Total Remaining Distribution: $ 5,286.81 Todd A. Youngblood(25%) $ 7,286.81 Less disbursements - 5,000.00 Less amounts owed to estate - 367.52 Total Remaining Distribution: $ 1,919.29 Tiffany E. Youngblood (25%) $ 7,286.81 Less disbursements 2,750.00 Total Remaining Distribution: $ 4,536.81 Afton L. Brewbaker (25%) $ 7,286.81 Less disbursements - 2,000.00 Total Remaining Distribution: $ 5,286.81