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HomeMy WebLinkAbout07-09-15 15 -5ox FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT by and between, ALDEN D. WHEELER, III and TIMOTHY M. WHEELER, individually and as Co-Executors of the Estate of CONNIE M. WHEELER, Deceased, of Camp Hill,Cumberland County, Commonwealth of Pennsylvania and, CALEB M.R. HEISTER of Etters, York County,Pennsylvania. WHEREAS, Connie M. Wheeler, who resided at 824 St. Johns Road, Camp Hill, Cumberland County,Pennsylvania, died March 25, 2015 having left her Last Will and Testament dated February 13, 2008 which was duly admitted to probate by the Register of Wills of Cumberland County at the above number and term on March 31, 2015; and WHEREAS, Alden D. Wheeler, III and Timothy M. Wheeler, each having been duly appointed as Co-Executors of the Estate of Connie M. Wheeler,Deceased; and WHEREAS,the parties in interest under the Last Will and Testament of Connie M. Wheeler, Deceased , are: N (1) Alden D. Wheeler, III—son, 4 (2) Timothy M. Wheeler—son, . ; C Mh (3) Caleb M. R. Hiester- nephew � �, r , �. r~ rn M M WHEREAS, Alden D. Wheeler, III and Timothy M. Wheeler are each entitle&-'to a E n often-`0 Thousand Dollars ($10,000.00)under the terms of the Will; and <3 , -71 WHEREAS, Caleb M.R. Hiester is entitled to a sum of Five Thousand($5,000.00); and �"' r: rn rt r cn WHEREAS each of the parties of this Agreement has been furnished with a complete listing of the estate assets,receipts and disbursements as set forth on the Accounting as attached hereto and a marked as Exhibit"A"; and WHEREAS it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and WHEREAS,Alden D. Wheeler,III and Timothy M. Wheeler each a party to this Agreement do acknowledge to have received from the Executors the sum of Eighty-one Thousand Six Hundred Twenty Five Dollars ($81,625.00)total distribution evidenced by Receipts of Distribution which are attached hereto and marked as Exhibits"B-1"and"B-2"; and WHEREAS, Caleb M.R. Hiester, a party to this Agreement does acknowledge to have received the sum of Five Thousand Dollars($5,000.00) as an advance distribution evidenced by Receipts for Distribution attached hereto as Exhibit"B-3", v/ NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein,the parties do agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge Alden D. Wheeler, III and Timothy M. Wheeler, Co-Executors, from any and all liability which may from time to time arise in connection with their service as executors of the Estate of Connie M. Wheeler,Deceased. The parties do further agree to indemnify and hold harmless said Alden D. Wheeler, III and Timothy M. Wheeler, Co-Executor from any and all liability which may arise against the estate from creditors or claimants. 2. Each of the parties does hereby acknowledge receipt of the assets described on the Memorandum attached hereto. 3. Each parry to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators and assigns. 4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Dated at Camp Hill,Pennsylvania this 71-2T day of July, 2015. WITNESS: rr Alden . Wheeler, III, individually and as Co-Executor of the Estate of Connie M. Wheeler,Deceased Timothy M. Wheeler, individually and as Co-Executor of the Estate of Connie M. Wheeler,Deceased Caleb M.R. Hiester INFORMAL ACCOUNT AND DISTRIBUTION SCHEDULE OF ALDEN D. WHEELER, III and TIMOTHY M. WHEELER CO-EXECUTORS OF THE ESTATE OF CONNIE M. WHEELER LATE OF CAMP HILL CUMBERLAND COUNTY,PENNSYLVANIA DECEASED DATE OF DEATH: March 25, 2015 DATE OF ISSUANCE OF LETTERS: March 31, 2015 DATE OF ADVERTISING: The Sentinel April 9, 2015 April 16, 2015 April 23, 2015 Cumberland Law Journal April 17, 2015 April 24, 2015 May 1,2015 ATTORNEY: Susan K. Pickford,Esq. ID# 43093 3400 Trindle Road Camp Hill,PA 17011 (717)695-3294 (p) (717)695-3592 (f) "A" INFORMAL ACCOUNT AND DISTRIBUTION SCHEDULE OF ALDEN D.WHEELER,HI and TIMOTHY M.WHEELER CO-EXECUTORS OF THE ESTATE OF CONNIE M.WHEELER LATE OF CAMP HILL CUMBERLAND COUNTY, PENNSYLVANIA DECEASED PRINCIPAL RECEIPTS 2015 Checking account balance $ 14,166 Income $ 14,395 Pension Distribution—IRA $ 3,640 Retirement Account-deferred comp $ 6,723 House— 824 Saint Johns Road $ 137,808 Vehicle—2009 Pontiac-KBB value $ 9,316 Joint account—33% $ 664 TOTAL PRINCIPAL RECEIPTS $ 186,712 PRINCIPAL DISBURSEMENTS 2015 Malpezzi Funeral Home $ 5,637 Professional services: Attorney Fees $ 1,700 Tax Preparer Fee $ 500 Probate Fee $ 360 Taxes: Real Estate $ 666 Inheritance $ 8,012 Distribution to Beneficiaries Caleb M.R. Hiester $ 5,000 Alden D. Wheeler $ 81,625 Timothy M. Wheeler $ 81,626 Utilities $ 463 Vehicle Transfer $ 92 Deed Transfer $ 80 Discover Card $ 533 Beef Purchase (Edna Lippi) $ 318 Pinnacle Health $ 15 Lower Allen EMS $ 85 TOTAL PRINCIPAL DISBURSEMENTS $ 186,712 SUMMARY TOTAL PRINCIPAL RECEIPTS $ 186,712 TOTAL PRINCIPAL DISBURSEMENTS $ 186,712 -0- Aden aAden D. Wheeler, III Timothy M. Wheeler Co-Executors,Estate of Connie M. Wheeler By: a /')I.Xg Alden 9. Wheeler, III Timothy M. Wheeler COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) ss: I hereby certify that on this_:?�5 day of July, 2015,before me the subscriber, a Notary Public in and for the said Commonwealth and County,personally appeared Alden D. Wheeler, III, named Co-Executor,who being duly sworn according to law, deposes and says that the foregoing is a true and correct account of all the rights, goods, chattels and credits which came into the hands or possession of the Estate or into the hands or possession of any other person or persons for them. The affiant further says that no person claiming to be interested in said estate, whether as creditors, legatees, next of kin or otherwise, gave written notice of such im to the Executors. Sworn to and subsc ' ed before r me this Z•—day of , 2015. - 1 'COMMONWEALTH OF PENNSYL'?JA�lff•. NOTARIAL SEAL `.•`y Susan K.Pickford Notary PublicNdG ry PUbh Camp Hill BorwCumberland County h •, ' "'" My Commission Expires March 2.3.'2019 -MEMBER.PENNSYLVANIA ASSOCIATION OF NOTARIES RECEIPT AND RELEASE BY DISTRIBUTEE The undersigned, Alden D. Wheeler, III, a Distributee of the Estate of Connie M. Wheeler, Deceased, hereby: 2. Acknowledges receipt from Alden D. Wheeler, III and Timothy M. Wheeler,the Co- Executors of the Estate of the Deceased, of the property set forth in the schedule attached hereto; 8. Accepts such property in full payment and satisfaction of the undersigned's interest in the Estate of the Deceased; 9. Acknowledge receipt of a full, written accounting of the personal representatives administration of the estate and approves the same; 10. Waive the filing of the Account; 11. Releases the Co-Executors,both individually and in their capacity as co-Executors of the Will of the Deceased, and her heirs, successors and assigns from all liability in connection with the undersigned's interest in the Estate of the Deceased; 12. To the extent of the distribution received, agree to refund the Co-Executors any portion of the distribution to which I am not properly entitled even if distributed through negligence,to indemnify the personal representative for claims made against them as Co-Executors and reimburse them for all expenses and costs incurred in connection with an such claims; and 13. Declare that this instrument shall be governed by the laws of Pennsylvania and shall be legally binding upon me and upon my heirs, successors and assigns. In Witness Whereof, I have hereunto set my hand and seal this ,,3 qday of,-1,,'v/(V , 2015. %WARR . J/22a, fitness Aldei6 D. Wheeler,III P, 77T Print Name Print Name oe i&„ �62y so-�tJQhb5 goad r a �n H,l r Qj1 Addres of Witnes Ad ess of thstributee B-1 RECEIPT AND RELEASE BY DISTRIBUTEE The undersigned, Timothy M. Wheeler, a Distributee of the Estate of Connie M. Wheeler, Deceased, hereby: 1. Acknowledges receipt from Alden D. Wheeler,III and Timothy M. Wheeler,the Co- Executors of the Estate of the Deceased, of the property set forth in the schedule attached hereto; 2. Accepts such property in full payment and satisfaction of the undersigned's interest in the Estate of the Deceased; 3. Acknowledge receipt of a full, written accounting of the personal representatives administration of the estate and approves the same; 4. Waive the filing of the Account; 5. Releases the Co-Executors,both individually and in their capacity as co-Executors of the Will of the Deceased, and her heirs, successors and assigns from all liability in connection with the undersigned's interest in the Estate of the Deceased; 6. To the extent of the distribution received,agree to refund the Co-Executors any portion of the distribution to which I am not properly entitled even if distributed through negligence,to indemnify the personal representative for claims made against them as Co-Executors and reimburse them for all expenses and costs incurred in connection with an such claims; and 7. Declare that this instrument shall be governed by the laws of Pennsylvania and shall be legally binding upon me and upon my heirs, successors and assigns. In Witness Whereof, I have hereunto set my hand and seal this day of , 2015. < Get fitness ' Timothy M. Wheeler Ti".G 414 -e e le Print Name Print Name i p .3 KOO �<�G, •tel $2 s a<<vt. f' �©�e�t 5 PA CaW-10 47/W Cr 17ell Addre of Witnesd Address of Distributee B-2 RECEIPT AND RELEASE BY DISTRIBUTEE The undersigned, Caleb M.R. Hiester,a Distributee of the Estate of Connie M. Wheeler, Deceased,hereby: 3. Acknowledges receipt from Alden D. Wheeler, III and Timothy M. Wheeler,the Co- Executors of the Estate of the Deceased, of the property set forth in the schedule attached hereto; 14. Accepts such property in full payment and satisfaction of the undersigned's interest in the Estate of the Deceased; 15. Acknowledge receipt of a full, written accounting of the personal representatives administration of the estate and approves the same; 16. Waive the filing of the Account; 17. Releases the Co-Executors,both individually and in their capacity as co-Executors of the Will of the Deceased, and her heirs, successors and assigns from all liability in connection with the undersigned's interest in the Estate of the Deceased; 18. To the extent of the distribution received,agree to refund the Co-Executors any portion of the distribution to which I am not properly entitled even if distributed through negligence,to indemnify the personal representative for claims made against them as Co-Executors and reimburse them for all expenses and costs incurred in connection with an such claims; and 19. Declare that this instrument shall be governed by the laws of Pennsylvania and shall be legally binding upon me and upon my heirs, successors and assigns. In Witness Whereof, I have hereunto set my hand and seal this_?day of of L2015. tness Caleb M.R. Hiester 1- Ys je Print Name Print Name 3yad �of0 n1a Qu-%Ve,, kd-8 �i /7al c '1 Addres of Witness Address of bistributee '7— Z B-3