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HomeMy WebLinkAbout06-16-15 RECORDED OFFICE OF REGISTER OF WILLS FAMILY SETTLEMENT AGREEMENT 21015 U11IN 16 All 8 23 IN THE ESTATE OF STEVEN R. MYERS, DECEASED CLERKOF PY ORPI.11A 1S' COURT AGREEMENT executed this 9 day of `,o- n C C U loo--57 Lby l Pilo,0•• P'AA between CONNIE F. MYERS, Administratrix of the ESTATE OF STEVEN R. MYERS, deceased, and GREGORY MYERS, JOSHUA T. MYERS, MALENA ROSENBERRY and CONNIE F. MYERS, heirs and beneficiaries of the ESTATE OF STEVEN R. MYERS. WHEREAS, STEVEN R. MYERS, late of Middlesex Township, Cumberland County, Pennsylvania, died on January 12, 2014, without leaving a Last Will and Testament. WHEREAS, on March 4, 2014,. the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint CONNIE F. MYERS, as Administratrix of the Estate of Steven R. Myers, in Estate Number 21-14-01.99; and WHEREAS, the Administratrix has proceeded with the administration of said Estate consisting of assets in the amount of $31,004.56, less disbursements in the amount of $17,406.77, and accruing income in the amount of$5.48, leaving $13,603.27 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 b "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 Administratrix 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 Administratrix' 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 STEVEN R. MYERS do hereby mutually agree as follows: 1. The parties hereto, and.each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of CONNIE F. MYERS, Administratrix for the Estate of STEVEN R. MYERS, 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 STEVEN R. MYERS, and CONNIE F. MYERS, Administratrix, her heirs, Administratrixs, 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 Administratrix, 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 Administratrix 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 Administratrix, 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 Administratrix or any other person or party upon her 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, executors, 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. W ETH: 3 -30 - Date -30 -Date CONNIE F. MYERS, Administratrix and individually as heir and beneficiary Date R Y MYERS Individually as heir and beneficiary Date XJASHUA T. MYERS ndividually as heirand eficiary Alei Date MALENAE ERRY Individu y as heir and b �Viary 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. 4TWi e, Esquire '4 r In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-14-0199 Estate of Steven R. Myers, Deceased Late of Township of Middlesex First and Final Account Connie F. Myers, Administratrix Date of Death: 01/12/2014 Date of Incapacity, if any: None Date of Administratrix's Appointment: 03/05/2014 Date of First Complete Advertisement: 03/13/2014 Accounting for the period: 01/12/2014 to 03/31/2015 Purpose of Account: Connie F. Myers, Administratrix, 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 Steven R. Myers, Deceased For the period of January 12, 2014 through March 31, 2015 PAGES PRINCIPAL Receipts: This Account A 31,004.56 Net Gain (or Loss) on Sales or Other Dispositions 0.00 31,004.56 Less Disbursements: C Debts of Decedent 5,353.99 Funeral Expenses 3,897.32 Administration Expenses 655.70 Federal, State& Local Taxes 0.00 Commissions 2,000.00 Fees 5,499.76 Family Exemption 0.00 17,406.77 Balance Before Distributions 13,597.79 Transfer to (from) Principal TP 0.00 Distributions to Beneficiaries D 2,630.00 Principal Balance on Hand PBOH 10,967.79 For Information: Investments Made Changes in Holdings F INCOME Receipts This Account G 5.48 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 5.48 Less Disbursements 0.00 Balance Before Distributions 5.48 Transfer to (from) Income TI 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand IBOH 5.48 . For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND CBOH 10,973.27 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash 2003 Ford F250 Pickup Truck 1,500.00 2005 Ford F250 Pickup Truck 2,205.00 2006 Ford F250 Pickup Truck 2,500.00 2006 Yamati Moped 425.00 Orrstown Bank Checking Account- 16,572.89 Account No.XXXXX2141 Progressive Refund 48.00 Wells Fargo Checking Account - 5,570.32 Account No.XXXXXX3553 Wells Fargo Savings Account- 1,806.19 Account No.XXXXXX9006 Total Cash 30,627.40 Stocks/Listed Wendy's Company- 377.16 Account No.XXXXXX6279 42.000 shares @$8.98/per share (See attached statement) Total Stocks/Listed 377.16 Total Receipts 31,004.56 Total Receipts of Principal 31,004.56 A-1 dl SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 2012 Personal Income Tax (Dept. of Revenue) 10/14/2014 304.16 304.16 2013 Personal Income Tax (Cumberland County Tax Bureau) 04/15/2014 205.00 205.00 2013 Personal Income Tax (Dept. of Revenue) 04/15/2014 443.00 443.00 2013 Personal Income Tax-(IRS) 04/15/2014 1,144.00 1,144.00 Beth Carson, Tax Collector 10/14/2014 11.00 11.00 Holy Spirit Hospital 07/23/2014 380.48 07/23/2014 1,248.00 1,628.48 Pinnacle Hospital 07/23/2014 654.00 654.00 C-1 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued R.F. Facier, Co 10/14/2014 291.33 (Supplies for decedent's business) 291.33 United Refrigeration, Inc 10114/2014 114.12 (Supplies for decedent's business) 114.12 United States Treasury 01/15/2015 504.90 (2011 Personal Tax) 504.90 Verizon Wireless (final billing) 0712312014 54.00 54.00 Total Debts of Decedent 5,353.99 Funeral Expense Fogelsanger-Bricker Funeral Home, Inc. 04/08/2014 3,897.32 3,897.32 Total Funeral Exoenses 3,897.32 Administration Expenses C-2 , 4 , SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Cost to complete title transfer of 2006 Ford 250 06/27/2014 201.50 201.50 Orrstown Bank - bank fees 04/01/2014 31.40 31.40 Probate Fees 03/05/2014 178.50 178.50 The Cumberland Law Journal (Advertising) 04/04/2014 75.00 75.00 The Sentinel (Advertising) 04/08/2014 169.30 169.30 Total Miscellaneous Administrative Expenses 655.70 Commissions Connie F. Myers 01/15/2015 2,000.00 2,000.00 Total Commissions 2,000.00 C-3 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Fees Cohick&Associates 04/18/2014 200.00 200.00 Griffie &Associates. P.C. 01/15/2015 5,000.00 5,000.00 Inheritance Tax 09/30/2014 299.76 299.76 Total Fees 5;499.76 TOTAL DISBURSEMENTS OF PRINCIPAL 17,406.77 C-4 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 01/12/2014 In kind distribution to Connie F. Myers- 2,630.00 Moped - $425.00 2005 Ford F250 - $2,205.00 2,630.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 2,630.00 D-1 PRINCIPAL BALANCE ON HAND Current Value Fiduciary 03/31/2015 Acquisition #Units Description or as Noted Value Cash Orrstown Bank -17,406.77 -17,406.77 Total Cash -17,406.77 -17,406.77 Assets 2003 Ford F250 Pickup Truck 1,500.00 2005 Ford F250 Pickup Truck 2,205.00 2006 Ford F250 Pickup Truck 2,500.00 2006 Yamati Moped 425.00 In kind distribution to Connie F. Myers -2,630.00 Orrstown Bank Checking Account 16,572.89 Progressive Refund. 48.00 Wells Fargo Checking Account 5,570.32 Wells Fargo Savings Account 1,806.19 Wendy's Company 377.16 Total Assets 28,374.56 -17,406.77 10,967.79 PBOH-1 SCHEDULE G RECEIPTS OF INCOME Dividend UPRR Securities. LL 0611312014 3.38 3.38 Wendy's Dividend 06/19/2014 2.10 2.10 TOTAL DIVIDEND INCOME 5.48 TOTAL RECEIPTS OF INCOME 5.48 G-1 INCOME BALANCE ON HAND Current Value Fiduciary 03/31/2015 Acquisition #Units Description or as Noted Value Orrstown Bank 5.48 5.48 Total Cash 5.48 5.48 5.48 5.48 IBOH-1 COMBINED BALANCE ON HAND Current Value Fiduciary 03/31/2015 Acquisition # Units Description or as Noted Value cash Orrstown Bank -17,401.29 -17,401.29 Total Cash -17,401.29 -17,401.29 Assets 2003 Ford F250 Pickup Truck 1,500.00 2005 Ford F250 Pickup Truck 2,205.00 2006 Ford F250 Pickup Truck 2,500.00 2006 Yamati Moped 425.00 In kind distribution to Connie F. Myers -2,630.00 Orrstown Bank Checking Account 16,572.89 Progressive Refund 48.00 Wells Fargo Checking Account 5,570.32 Wells Fargo Savings Account 1,806.19 Wendy's Company 377.16 Total Assets 28,374.56 -17,401.29 10,973.27 CBOH-1 r . PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 03/31/2015 Acquisition or as noted Value TO: Connie F. Myers 4,171.63 Gregory Myers 2,267.21 Joshua T. Myers 2,267.21 Malena Rosenberry 2,267.21 10,973.26 Total 10,973.26 PD-1 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-14=0199 Estate of Steven R. Myers, Deceased Signature Connie F. Myers,Administr ix " i. In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-14-0199 Estate of Steven R. Myers, Deceased Verification Connie F. Myers,Administratrix under the Last Will and Testament of Steven R. Myers, 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: f S Connie F. Myers,Adminis atrix 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. r riffle,Esquire