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HomeMy WebLinkAbout09-29-15 SETTLEMENT AND FINAL RELEASE OF THE Cj ESTATE OF MARY RITCHUCK C.0 � F�. rq Co cJ Mary Ritchuck, late of Cumberland County, Pennsylvania, deceased, died testate on April 13, 2015. Her last will and testament was duly executed on November 26, 1991. On April 22, 2015, the original document was recorded in the Cumberland County Register of Wills as an entry in Estate No. 21-15-448; Mary Ritchuck, by her last will and testament, named Barbara Ann Lagaza, as Executrix of said last will and testament; Letters testamentary on the estate of the said decedent were duly issued on or about April 22, 2015 by the Register of Wills of Cumberland, County, Pennsylvania, to Barbara Ann Lagaza, hereinafter called personal representative. The personal representative gathered the assets of the estate of her late mother. The assets consisted of personal property,to a total gross value of$80,323,31, as set forth in Exhibit A, which is an Inheritance Tax Return filed with the Cumberland County Register of Wills, and which is attached hereto and marked Exhibit A. All the assets have been converted to personal property, and the entire estate, will be distributed, some in kind, and the remainder in cash to the undersigned heirs. The undersigned heirs agree that the full value of the aforesaid property has been or will be distributed and disposed of to their satisfaction. The debts and deductions, including the payment of inheritance tax in the said estate, have been paid in full and the Personal Representative has no knowledge of any unpaid claims. We, individually by the signing of this Settlement and Final Release, as heirs under the last will and testament, acknowledge that we have received or will receive upon delivery of this Settlement and Final Release, from the aforesaid Personal Representative, all sum or sums of money, legacies, bequests, and devises as were given, devised and bequeathed to each of us respectively by Mary Ritchuck and as established her last will and testament. Each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account 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 Orphans' Court Division of the Court of Pennsylvania, Cumberland County Branch. We and each of us, do hereby remise, release quitclaim and forever discharge the said Personal Representative, her heirs, executors, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of Mary Ritchuck, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Personal Representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid Personal Representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, we have hereunto set our hands and seals, by individual execution of copies of the Settlement and Release on the Z 2 day of p•�e,...��fir— , 2015. WITNESS: Barbara A. Lagazae 1007 Northfield Dr., Carlisle, PA (SEAL) Jason Sternick 251 G. Street, Carlisle, PA (SEAL) Jerry Sternick 2 Lily Lane, Pottsville, PA STATE OF COUNTY OF :SS. On, the zz�ay of Se& 2.0 15 before me, a Notary Public, the undersigned officer, personally appeared Barbara Ann Lagaza (known to me or satisfactory proven) to be the persons 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 sea]. —COMMONWEALTH V PENNSYLVANIA Notarial Seal Jennifer S.Lindsay,Notary Public Carlisle Boro,curnberland County My Commission Expires Nov.29,2015 MEMBER,PENNSYLVANIA ASSOCIATION 6F NOTARIES IN WITNESS WHEREOF, we have hereunto set our hands and seals, by individual execution of copies of the Settlement and Release on the day of � ��.vv���-� , 2015. WITNESS: (SEAL) Barbara A. Lagazza 1007 Northfield Dr., Carlisle, PA ()Y4t _ �, (SEAL) n termck 251 G. Street, Carlisle, PA (SEAL) Jerry Sternick 2 Lily Lane, Pottsville, PA STATE OF Feq-w�tj I\)CLYLZ c,_ :SS. COUNTY OF On theaeday of Sp—qkt,�rvti he r' 2015, before me, a Notary Public, the undersigned officer, personally appeared Jason Sternick(known to me or satisfactory 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. RLSLE$NRROoOTA...R(C ;IUUALMM SBBEEE AL JENNIFER BLEAR R Notary public CAMyICommOiss=o�ExpiresRM Aa Ny D9 0U1 N 6TT YY A4 Ay j'1AA A IN WITNESS WHEREOF, we have hereunto set our hands and seals, by individual execution of copies of the Settlement and Release:on the day of -50' ggMQ , 2015. WITNESS: (SEAL) Barbara A. Lagazza 1007 Northfield Dr.,Carlisle, PA (SEAL) Jason Sternick 251 G. Street, Carlisle, PA _(SEAL) COMMONWEALTH OF PENNSYLVANCA qerrf Sternick NOTARIAL SEAL 2 Lily Lane, Pottsville, PA LBETTYANN MARCHETTI,Notary Public �' City of HAZLETON,Luzerne Cmnty Commission Exfres October STATE OF PENNSYLVANIA :SS. COUNTY OF L-Q?QF- On the n day of S'FP)-, 2015, before me, a Notary Public, the undersigned officer, personally appeared Jerry Sternick (known to me or satisfactory 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. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BETTYANN MARCHETTI,Notary Public City of HAZLETON,Luzerne County Commission Expires October 15.,2016 pennsytvania 1505614105 if7 DEP�HTMENTOfflEV. EX(03-14)(FI) REV-1500 OFFICIAL USE ONLY Bureau of Individual Taxes County Code Year File Number PO BOX 280601 INHERITANCE TAX RETURN Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY [1-81-05-2259 041320/5 09171919 Decedent's Last Name Suffix Decedent's First Name MI Ritchuck Mrs Mary (If Applicable)Enter Surviving Spouse's Information.Below Spouse's Last Name Suffix Spouse's First Name MI NA L ❑ THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW CM 1.Original Return O 2.Supplemental Return O 3. Remainder Return(date of death prior to 12-13-82) O 4.Agriculture Exemption(date of O 5. Future Interest Compromise(date of O 6. Federal Estate Tax Return Required death on or after 7-1-2012) death after 12-12-82) O 7. Decedent Died Testate O 8.Decedent Maintained a Living Trust 9. Total Number of Safe Deposit Boxes (Attach copy of will.) (Attach copy of trust.) O 10. Litigation Proceeds Received O 11.Non-Probate Transferee Return O 12. Deferral/Election of Spousal Trusts (Schedule F and G Assets Only) O 13. Business Assets O 14.Spouse is Sole Beneficiary (No trust involved) CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name _ Daytime Telephone Number Robert L. O'Brien (717)249-6873 First Line of Address 19 West South Street Second Line of Address City or Post Office State ZIP Code Carlisle PA 17013 c i:_, rn C:) nCD # robertiobrien@yahoo.com -a __ �' I Correspondent's email address: rT _- REGISTER OF ILL"S:U9P ONQC0 M y REGISTER OF WILLS USE ONLY yDATILEDEDYI'YYy < 3 y TI -` F—+ CI3 O N DATE FILED STAMP PLEASE USE ORIGINAL FORM ONLY Side 1 614 1505614105 1505614205 REV-1500 EX(FI) Decedent's Social Security Number Decedent's Name: Mary Ritchuck 181-05-2259 RECAPITULATION 1. Real Estate(Schedule A). ...... . .......... ........ ...... 1. 2. Stocks and Bonds(Schedule B) .................. ..................... Z 3. Closely Held Corporation, Partnership or Sole-Proprietorship(Schedule C) ..... 3. 4. Mortgages and Notes Receivable(Schedule D)..... .... .. . . ... ... ... .... . 4. 5. Cash, Bank Deposits and Miscellaneous Personal Property(Schedule E).... ... 5. 80,323.31 6, Jointly Owned Property(Schedule F) C= Separate Billing Requested .... 6. 7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property (Schedule G) C= Separate Billing Requested..... ... 7. 8. Total Gross Assets(total Lines 1 through 7).. .. ..... .. ...... .... . .. . .. . . 8. 80,323.31 9. Funeral Expenses and Administrative Costs(Schedule H). .... . . ... .. . . ... .. 9. 2,459.66 10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule 1)............... 10. 11. Total Deductions(total Lines 9 and 10)....................... 2,459.66 12. Not Value of Estate(Line 8 minus Line 11) ........... ..... ... .. .... ... .. 12. 77,863.65 13. Charitable and Governmental Bequests/Sec.9113 Trusts for which an election to tax has not been made(Schedule J) .. .. . .. .. .......... ..... 13. 14. Net Value Subject to Tax(Line 12 minus Line 13) ....... .. ... . .. ..... .... 14. 77,863.65 TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.0 15. 16. Amount of Line 14 taxable at lineal rate X.0 45 77,863.65 16, 3,503.86 17. Amount of Line 14 taxable at sibling rate X.12 17. 18. Amount of Line 14 taxable at collateral rate X.15 18. 19. TAX DUE..... .. .. ..... .... ... ... . . .. .... ......... ... . .... ... 6.... 19.1 3,503.86 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Under penalties of perjury,I declare I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief, it is true,correct and complete. Declaration of preparer other than the person responsible for filing the return is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE ADDRESS !r l t�P �PP ER OTHER THAN PERSON RESPONSIBLE FOR FILING THE RETURN DyrE ADDRESS I�iiiii iilll hili i Side 2 11 t Im loll lll�l Illi ll�l n 11 It 1505614205 REV-1500 EX (FI) Page 3 File Number Decedent's Complete Address: DECEDENT'S NAME Mary Ritchuck STREETADDRESS 9 Alliance Drive Jarret Bldg. # 104 CITY STATE ZIP Carlisle PA 17013 Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 3,503.86 2. Credits/Payments A.Prior Payments 0.00 B.Discount (See instructions.) Total Credits(A+B) (2) 3. Interest (3) 4. If Line 2 is greater than Line I +Line 3,enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2,Line 20 to request a refund, (4) 5. If Line I +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 3,503.86 Make check payable to: REGISTER OF WILLS,AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred........................................_........... .............__ 11 N b. retain the right to designate who shall use the property transferred or its income ........................................... ❑ c. retain a reversionary interest.............._................................................................-..........-............_.......... d. receive the promise for life of either payments,benefits or care?...................I I...........­111....................... 2. If death occurred after Dec. 12, 1982,did decedent transfer property within one year of death without receiving adequate consideration?.............................................................................................................. ❑ 3, Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death?.............. El N 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation? .............*1..............................I.......... ...................I..................................... ❑ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN, For dates of death on or after July 1, 1994;and before Jan. 1, 1995;the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent[72 P.S.§9116(a)(1.1)(0]. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S.§9116(a)(1.1)(ii)].The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: • The tax rate imposed on the net value of transfers from a-deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent or a step-parent of the child is 0 percent[72 P.S.§9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in[72 P.S.§9116(a)(1 • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S.§9116(a)(1.3)1.A sibling is defined, under Section 9102,as an individual who has at least one'parent in common with the decedent,whether by blood or adoption. REV-1508 EX+ (02-15) pennsylvania SCHEDULE E DEPARTMENT OF REVENUE CASH, BANK DEPOSITS & MISC. INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Mary Ritchuck 448-2015 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1• M&T#4223850 closed 4129115 66,627.35 2 M&T#3004980 closed 4129115 13,515.65 3 State Farm ins.refund 130.35 4 Chapel Pointe refund 49.96 TOTAL(Also enter on Line 5, Recapitulation) $ 80,323.31 If more space is needed,use additional sheets of paper of the same size. REV-1511 EX+ (02-15) pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Mary Ritchuck 448-2015 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Ewing Brothers Funeral Home 730.71 2 Harold D. Sausser,marker inscript 98.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Name(s)of Personal Representative(s) Street Address City State ZIP Year(s)Commission Paid: 1,000.00 2. Attorney Fees: 3. Family Exemption: (If decedent's address is not the same as claimant's,attach explanation.) Claimant Street Address City State ZIP Relationship of Claimant to Decedent 4. Probate Fees: 245.50 5. Accountant Fees: 300.00 6. Tax Return Preparer Fees: 7. Spring Rd Family Practice 10.00 8 Forest Park 25.00 9 Cumberland EMS 50.45 TOTAL(Also enter on Line 9, Recapitulation) $ 2,459.66 If more space is needed,use additional sheets of paper of the same size. REV-1513 EX+(02-15) pennsytvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Mary Ritchuck 448-2015 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustees) OF ESTATE I TAXABLE DISTRIBUTIONS[Include outright spousal"distributions and transfers under Sec.9116(a)(1.2)'.] I. Barbara Lagazza,1007 Northfield Dr.,Carlisle PA 17013 daughter 80% 2 Jason Sternick,251 G.Street,Carlisle,PA 17013 grandson 10% 3 Jerry Sternick,2 Lily Lane,Pottsville,PA 17901 grandson 10% ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE. II NON-TAXABLE DISTRIBUTIONS A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1. TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET, $ If more space is needed,use additional sheets of paper of the same size.