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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