HomeMy WebLinkAbout05-06-15 (2) IN THE MATTER OF THE
ESTATE OF GENEVIEVE A. SNYDER,
DECEASED
REGISTER OF WILLS IN AND FOR
CUMBERLAND COUNTY, PENNSYLVANIA c'
File No. 21-14-00529 _X
-o
-74 CD
70
,7 rnCn
f�i mi
FAMILY SETTLEMENT AGREEMENT co
C) c>
THIS AGREEMENT, made this 0�71"day of /L 2015 -+ `" rr- M
ry o
N
WITNESSETH :
THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows:
1. Genevieve A. Snyder (the "Decedent") died testate on May 25, 2014. On May 29,
2014,the Register of Wills of Cumberland County,Pennsylvania, granted Letters Testamentary to
Stephen D. Farina, as Executor of the Estate of Genevieve A. Snyder, deceased (the "Executor").
2. Stephen D. Farina and Jane M. Farina (the Beneficiaries") desire the Executor to
settle the Estate informally in order to avoid the expense and delay involved with the formal
adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common
Pleas of Cumberland County,Pennsylvania(the "Court").
3. The Beneficiaries desire to forever settle and compromise any and all claims and
rights which they may possess,now or hereafter,in the Estate and to confirm their acceptance of the
Informal Account(the"Account")which is attached hereto as Exhibit"A" and incorporated herein
by this reference. The Beneficiaries desire that the terms of the Account be in full satisfaction of
their rights in the Estate.
A
4. The Beneficiaries wish to release the Executor and to indemnify him against any and
all claims that may be asserted against the Estate or the Executor after the date hereof.
5. The Executor is willing to settle the Estate informally in consideration of the
indemnifications hereinafter provided by the Beneficiaries.
NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound,
the Beneficiaries, for themselves,their heirs,personal representatives, successors and assigns:
1. Represent and warrant that they have read and understand this Agreement and
confirm that the facts set forth above are true and correct,to the best of their
knowledge, information, and belief.
2. Acknowledge receipt of a copy of the Account.
3. Declare that they have had the opportunity to review the Account and based
upon an examination(or on their decision not to make such an examination),
they are satisfied they have sufficient information to make an informed
waiver of their right to a formal accounting with the Court, and do hereby
waive the filing and auditing of the same.
4. Accept the Account,examined or not,as if the same had been duly filed with
and audited, adjudicated, and confirmed absolutely by the Court.
5. Acknowledge that the distributive share or amount received shall be in full
satisfaction of their respective entitlements under the Will,and acknowledge
that they have received their respective shares.
6. Release, remise, quitclaim and forever discharge the Executor, his heirs,
personal representatives,successors and assigns,from and against all claims
that they,as residuary legatees and heirs had,now have,or may in the future
have, in connection with the Estate.
7. Agree to refund on demand, all or any part of any aforesaid distribution,
which has been determined by the Executor,or by the Court,or by any court
of competent jurisdiction to have been improperly made.
8. Agree to indemnify and hold harmless the Executor, his heirs, personal
representatives, successors and assigns,from and against any and all claims,
loss, liability or damage (whether or not related to the negligence of the
Executrix) that may hereafter be asserted against the Estate or against the
Executor.
9. Consent to the Court exercising personal jurisdiction over them in any suit or
action arising out of the enforcement of this Agreement.
IN WITNESS WHEREOF,and intending to be legally bound,the Beneficiaries have placed
their hands and seals on the attached Consent to this Estate Settlement Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES TO FOLLOW)
CONSENT TO FAMILY SETTLEMENT AGREEMENT '
I,Stephen D.Farina,hereby consent to and j oin in the Estate Settlement Agreement relating
to the Estate of Genevieve,A. Snyder, deceased,a copy of which Estate Settlement Agreement has
been provided.to me.
12'-7 /S"
Date Stephen DINfina,Executor
and as Beneficiary
STATE OF NEWYORK
ss:
COUNTY OF Q��• LCL(,() Kt-jL- _
IAL
On this, the �� day of V ly*C l , 2015, before me, the undersigned officer,
personally appeared STEPHEN D.FARINA,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 in
the capacities and for the purposes therein contained.
IN WITNESS WHEREOF,I hereunder set my hand and official seal.
Lam .
Notary Public -�—
DEBRA V.LaSiEGE
Notary Public in the STATE OF NEW YORK
Registration No.OILA4826963
Qualified in St.Lawrence County
MY Commission Expires:June 30,20_L�j
CONSENT TO FAMILY SETTLEMENT AGREEMENT
I,Jane M.Farina,hereby consent to and join in the Estate Settlement Agreement relating to
the Estate of Genevieve A.Snyder,deceased,a copy of which Estate Settlement Agreement has been
provided to me.
Date J"Farina
STATE OF NEW JERSEY
ss:
COUNTY OF
On this, the day of 1 L, 2015, before me, the undersigned officer,
personally appeared JANE M. FARINA, 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 in
the capacities and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
Nota Public
Sajid Mehmood
Notary Public
New Jersey
My Commission Expires 3-26-19
ID No.2444111
In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-14-00529
Estate of Genevieve A Snyder, Deceased
Late of Borough of Mechanicsburg
Informal Account and Release
of
Stephen D. Farina, Executor
Date of Death: 05/25/2014
Date of Executor's Appointment: 05/29/2014
Date of First Complete Advertisement: 06/27/2014
Accounting for the period: 05/25/2014 to 04/30/2015
Purpose of Account: Stephen D. Farina, Executor, 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:
Wayne M Pecht Esq.
Pecht&Associates,P.C.
650 North Twelfth St.
POB Suite 100
Lemoyne, PA 17043
717-691-9808
Supreme Court I.D. No. 38904
SUMMARY OF ACCOUNT
Estate of Genevieve A. Snyder, Deceased
For the period of May25, 2014 through April 30, 2015 Fiduciary
Current Acquisition
PAGES Value Value
Proposed Distributions
to Beneficiaries 4,807.06
PRINCIPAL
Receipts: This Account 396,905.88
Net Gain (or Loss)on Sales 0.00
or Other Dispositions
396,905.88
Less Disbursements:
Debts of Decedent 2,739.51
Funeral Expenses 11,777.42
Administration Expenses 8,888.49
Federal, State& Local Taxes 54,552.03
Commissions 0.00
Fees 6,225.00
Family Exemption 0.00 84,182.45
Balance Before Distributions 312,723.43
Transfer to(from) Principal 1,029.70
Distributions to Beneficiaries 308,946.07
Principal Balance on Hand 4,807.06
For Information:
Investments Made
Changes in Holdings
INCOME
Receipts This Account 1,029.70
Net Gain (or Loss)on Sales 0.00
or Other Dispositions 1,029.70
Less Disbursements 0.00
Balance Before Distributions 1,029.70
Transfer to (from) Income -1,029.70
Distributions to Beneficiaries 0.00
Income Balance on Hand 0.00
For Information:
Investments Made
Changes in Holdings
COMBINED BALANCE ON HAND 4,807.06
Signature
Verification
RECEIPTS OF PRINCIPAL
Assets Listed in Inventory Fiduciary
(Valued as of Date of Death) Acquisition
Value
Cash
Comcast-refund 7.72
Erie Insurance -refund homeowners insurance 384.00
premium
Merrill Lynch Account#xxxx708 93,284.47
Merrill Lynch Account#xxxx708-deposit(closing 98,704.29
Wells Fargo high yield savings account on 5/23/14)
which did not reflect until 5/28/14.
Merrill Lynch Estate Account#xxxx3602-Investment 1,203.83
earnings 05/26/14-12/31/14
PA Department of Revenue-rent rebate 250.00
PP&L-refund 3.70
Wells Fargo Account#xxxx2397-Checking account 4,198.88
Wells Fargo Account#xxxx2397-unknown deposit 196.47
Total Cash 198,233.36
Mutual Funds
Merrill Lynch Account#xxxx708-mutual fund;Wells 79,681.40
Fargo&Co.and Blackrock Global
Total Mutual Funds 79,681.40
Real Er-tate
611 Robert Street, Mechanicsburg, PA-proceeds 118,991.12
from sale
Total Real Estate 118,991.12
Total Receipts 396,905.88
Total Receipts of Principal 396,905.88
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent
Andrews& Patel
06/13/2014 medical bill 34.63
34.63
Capital Cardiovascular
06/23/2014 medical bill 40.88
40.88
Elder's Choice Care
06/12/2014 home care medical bill 780.00
780.00
Harry Poff
06/09/2014 lawn care invoice 250.00
250.00
Merrill Lynch Account#xxxx708
05/28/2014 checks written before date of death, but cleared after 1,245.00
date of death
1.245.00
PA Retinal Specialists
09/02/2014 medical bill 68.47
68.47
Paul Dalbey. DPM
06/18/2014 medical bill 8.48
DISBURSEMENTS OF PRINCIPAL
Continued
8.48
Pinnacle Health Care
06/16/2014 medical bill 14.19
14.19
PP&L
06/05/2014 electric 38.99
38.99
Quantum Ima ft
06/07/2014 medical bill 45.10
45.10
Spirit Physician Services
06/12/2014 medical bill 101.05
101.05
UGI Utilities
06/06/2014 gas bill 67.00
67.00
United Water
06/18/2014 water bill 30.19
30.19
West Shore Anesthesia
07/03/2014 medical bill 15.53
15.53
Total Debts of Decedent 2,739.51
DISBURSEMENTS OF PRINCIPAL
Continued
Funeral Expenses
Malpezzi Funeral Home
06/23/2014 funeral services 10,692.42
10,692.42
Stephen Farina
06/05/2014 burial at Holy Cross Cemetery 1,085.00
1,085.00
Total Funeral Expenses 11,777.42
Administration Expenses
Abbey Carpet& Flooring
07/03/2014 repair carpet at residence 1,083.00
1,083.00
Barry L. Heckard, Sr.
07/21/2014 property tax 1,632.73
1,632.73
Borough of Mechanicsburg
07/21/2014 sewer/trash 131.00
131.00
Harry Poff
07/16/2014 lawn care 100.00
100.00
DISBURSEMENTS OF PRINCIPAL
Continued
Jane Farina
06/05/2014 reimbursement of costs(carpet, Elders Choice Care) 4,334.97
4,334.97
Patriot News
06/18/2014 legal advertisement 196.82
196.82
PP&L
06/30/2014 electric bill 39.00
08/29/2014 electric bill 27.03
10/03/2014 electric bill-final 15.78
81.81
Register of Will
06/17/2014 probate fees 413.50
09/30/2014 filing fee-Family Settlement Agreement 20.00
09/30/2014 additional letters fee 50.00
483.50
Stephen Farina
09/03/2014 reimburse overnight mailings 39.98
39.98
Sue Poff
10/03/2014 flooring for bathrooms 335.00
335.00
UGI Utilities
06/30/2014 gas bill 80.00
08/11/2014 gas bill 80.00
DISBURSEMENTS OF PRINCIPAL
Continued
08/29/2014 gas bill 68.85
10/03/2014 gas bill-final 7.95
236.80
United Water
07/14/2014 water bill 11.62
08/11/2014 water bill 11.62
10/03/2014 water bill -final 13.18
36.42
Wells Fargo Retirement
10/24/2014 refund pension payment 196.46
196.46
Total Miscellaneous Administrative Expenses 8,888.49
Federal, State, and Local Taxes
PA Department of Revenue
12/15/2014 Estate PA 40 return 25.00
25.00
Register of Wills.Agent
08/15/2014 prepay inheritance tax 54,000.00
11/30/2014 inheritance tax 527.03
54,527.03
Total Taxes 54,552.03
Fees
DISBURSEMENTS OF PRINCIPAL
Continued
Pecht&Associates. P.C.
06/17/2014 legal fees 2,500.00
11/15/2014 legal fees 3,575.00
6,075.00
Robert Romako, CPA
04/13/2015 accountant fees 150.00
150.00
Total Fees 6,225.00
TOTAL DISBURSEMENTS OF PRINCIPAL 84,182.45
DISTRIBUTIONS OF PRINCIPAL
12/08/2014 Jane Farina-distribution 154,473.04
12/08/2014 Stephen Farina-distribution 154,473.03
308.946.07
TOTAL DISTRIBUTIONS TO BENEFICIARIES 308,946.07
RECEIPTS OF INCOME
Dividend
Dividends paid
06/06/2014 mutual funds at Merrill Lynch#xxxx708 707.35
09/02/2014 107.45
10/30/2014 107.45
11/30/2014 107.45
1,029.70
TOTAL DIVIDEND INCOME 1,029.70
TOTAL RECEIPTS OF INCOME 1,029.70
PROPOSED DISTRIBUTIONS TO BENEFICIARIES
Current Value Fiduciary
04/30/2015 Acquisition
or as noted Value
TO:
Jane Farina-proposed distribution 2,403.53
Stephen Farina-proposed distribution 2,403.53
4,807.06
Total 4,807.06
In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
File No. 21-14-00529
Estate of Genevieve A.Snyder, Deceased
Verification
Stephen D. Farina, Executor under the Last Will and Testament of Genevieve A.Snyder, 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: �J '
Stephen DjArina, Executor
GENEVIEVE A. SNYDER,DECEASED
LATE OF THE BOROUGH OF MECHANICSBURG
COUNTY OF CUMBERLAND,PENNSYLVANIA
RECEIPT&RELEASE
KNOW ALL PERSONS BY THESE PRESENTS THAT I,Stephen D.Farina,do hereby
acknowledge that I have received of and from Stephen D.Farina,Executor of the Estate of
Genevieve A. Snyder,deceased,the following:
One half of the balance of residue of the Estate $2,403.53
Earlier distribution 154,473.03
TOTAL DISTRIBUTION $156,876.56
I hereby release,quit-claim,and forever discharge'Stephen D. Farina,Executor of the Estate
of Genevieve A. Snyder,deceased, of and from any and all claims I may have regarding the
distribution,and the administration of the Estate of Genevieve A.Snyder,deceased,in general.
I have hereunto set my hand and seal this 217 day of d 2015.
Stephen D Farina
DEBRA V LaSIEGE
Sworn to and subscribed before me Notary Public in'the STATE OF NEW YORK
this 19 day of AOKI 2015. Registration No.OILA4826963
Qualified in St.Lawrence Countyl1
My Commission Expires:June 30,20_
Notary Public
GENEVIEVE A. SNYDER,DECEASED
LATE OF THE BOROUGH OF MECHANICSBURG
COUNTY OF CUMBERLAND,PENNSYLVANIA
RECEIPT&RELEASE
KNOW ALL PERSONS BY THESE PRESENTS THAT I,Jane M.Farina,do hereby
acknowledge that I have received of and from Stephen D.Farina,Executor of the Estate of
Genevieve A. Snyder,deceased,the following:
One-half of the balance of residue of the Estate $2,403.53
Earlier distribution 154.473.04
TOTAL DISTRIBUTION $156,876.57
I hereby release,quit-claim,and forever discharge Stephen D. Farina,Executor of the Estate
of Genevieve A. Snyder,deceased,of and from any and all claims I may have regarding the
distribution,and the administration of the Estate of Genevieve A.Snyder,deceased,in general.
I have hereunto set my hand and seal this_,q-7 day of 2015.
Farina
Sworn to and.subscri d before me
this day pf 2015.
Notary Py6lic
880 M hMood
Notary public
New Jersey
My Commission Expires 3-26-19
ID No. 2444111