The URL can be used to link to this page

Home My WebLink About06-09-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF JEAN R. TRAYER, DECEASED FILE NO. 2005-00036 >..,) SETTLEMENT AGREEMENT AND FINAL RELEASE I '"..:) '-'I THIS AGREEMENT by and between SUSAN R. TRAYER, as Executrix()f,th67tsta~ . ~JJ . - -., i~~~) of JEAN R. TRAYER, Deceased, DEPARTMENT OF PUBLIC WELFARE, ESTATE I,...C' RECOVERY PROGRAM, as a claimant, and GEORGE W. TRAYER and SUSAN R. TRAYER, individually. WHEREAS, the decedent, JEAN R. TRAYER, widowed, late of South Middleton Township, Cumberland County, Pennsylvania, died on December 18, 2004, having made a Last Will and Testament dated June 6, 2003, which instrument was admitted to probate on January 13, 2005, and recorded to Estate No. 2005-00036, on which the present Letters Testamentary were granted on January 13, 2005. WHEREAS, the parties in interest under the Last Will and Testament of Jean R. Trayer, Deceased, are: I. Susan R. Trayer, daughter; and 2. George R. Trayer, son. WHEREAS, any reference in the Last Will and Testament to the real property located at 201 High Street, Boiling Springs, Pennsylvania and household furnishings therein is not Page I of7 l>- applicable, because said real property was conveyed to SUSAN R. TRAYER on or about April 25, 2003. WHEREAS, GEORGE W. TRAYER AND SUSAN R. TRAYER, adult children of the decedent, are entitled to equal shares of the residuary estate. WHEREAS, the assets of the estate amount to $3,810.65 as set forth in the Inventory filed with the Register of Wills of Cumberland County. WHEREAS, it has been determined that there are insufficient assets to pay all outstanding claims and administration expenses, and the Executrix will provide for payments in strict accordance with the priorities established by the Probate, Estates and Fiduciary Code 93392. WHEREAS, Susan R. Trayer, daughter of decedent and part of the same household as decedent, has claimed the Family Exemption under 20 Pa. C.S. 9 3121. It has been determined that there are insufficient assets to pay the Family Exemption in whole. Therefore, it is being paid on a pro rata basis. WHEREAS, it has been determined that there are insufficient assets to pay the Department of Public Welfare's claim in the total amount of$19,831.16. WHEREAS, it has been determined that there will be no beneficial distributions. WHEREAS, each of the parties to this agreement have been furnished with a complete listing ofthe estate assets, receipts and disbursements as set forth on the Statement of Account attached hereto and marked as Schedule A; Page 2 of7 WHEREAS, it is the desire of the parties to this agreement that administration of this estate be completed and accomplished without a formal accounting and adjudication in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the additional expense, delay and publicity of a formal accounting; WHEREAS, the parties to this agreement each acknowledge to have received a Statement of Account, which is attached hereto and marked as Schedule A. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: I. SUSAN R. TRAYER, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all known claims and significant transactions during the accounting period. 2. Each of the parties to this agreement acknowledge that based upon the Statement of Account attached hereto, there are insufficient assets to pay all expenses, and there are no assets available with which to make beneficiary distributions. 3. Each of the parties to this agreement does hereby release and forever discharge the Executrix, her heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Jean R. Trayer, Deceased. The parties do further agree to indemnify and hold them harmless from any further liability which may arise against the estate. Page 3 of7 4. Each of the parties to this agreement acknowledges that if additional estate assets are located, the Department of Public Welfare will be paid according to the six classes of the Decedents, Estates, and Fiduciaries Title 20 Law. 5. Each of the parties 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. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 4 of7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this /9 day of /tPRIL- ,2005. WITNESS: '7 1- I '1jj~/}ritL Ji-pl.aAJ: COMMONWEALTH OF PENNSYLVANIA COUNTY OF VaJLjJ h/ n On this the /9 day of SS: A 0'/ / / , 2005 before me, a Notary Public, the undersigned officer, personally appeared SUSAN R. TRAYER, 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 for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '(?~ ~ Notary Public NOTARIAl SEAl. MUlA Il WHITE, NOTARY PUIlUC lOWER PAXTON TWI!, DAUPHIN COUNIY MY COMMISSION EXPIRES APRIL 5 2001 Page 5 of7 IN WITNESS WHEREOF, department ofpubJic welfare, estate recovery program, has hereunto set its hand and seal this c/2& day of apJ I ,2005. WITNESS: DEPARTMENT OF PUBLIC WELFARE, ESTATE RECOVERY PROGRAM B COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the c:J{.I day of fltJ ' 2005 before me, a Notary Public, the undersigned officer, personally appeared t cud --i' &;;-- of DEPARTMENT OF PUBLIC WELFARE, ESTATE RECOVERY PROGRAM, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IMJ<~dftiJ otary Publi .' NOTARIAl SEAl. NICOli L. l.I'SCOMIl, Notary PlIIlIc City of lfarrlsburg, Daup/lill County . Illy CorlIIisslcll EJPiM lilt 29, 2006 Page 6 of7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this rr day of Jlvr/ / I ,2005. WITNESS: ~i(/}M tki~OAf; fi~ J-W j~~ '1//?/tJr GEOR W. TRAYER, Individua1\y COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1JaUph/fl On this the / r day of SS: !1n6/ / , 2005 before me, a Notary Public, the undersigned officer, personally appeared GEORGE W. IRA YER, 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 for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '<170-uJaJC ~ Notary Public NOTARIAL SEAL I'IIllU II. WHllI, NOTARr PUllUC IlIWER MON TWP., OAUPHIN COUHlY MY COMMISSION EXPIRES APRilS 2001 Page 7 of7 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATEMENT OF ACCOUNT Estate 01 Jean R. Trayer, Deceased Date 01 Death 12/18/2004 RECEIPTS OF PRINCIPAL Assets Listed in Inventory Prudential Financiallnc; 46 shs @ $54.12/sh MetUle; 32 shs @ $39.61/sh Prudential Financiallnc; dividend check United Health Care; benefit relund TOTAL RECEIPTS OF PRINCIPAL RECEIPTS OF INCOME Realized loss on sale 01 Prudential Financial Inc Realized gain on sale 01 MetUle TOTAL INCOME/lOSS TOTAL PRINCIPAL AND INCOME 3/8/2005 Schedule A, Page 1 $2,489.52 $1,267.52 $20.70 $32.91 -$27.70 $9.36 $3,810.65 -$18.34 $3,792.31 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATEMENT OF ACCOUNT Estate of Jean R. Trayer, Deceased Date of Death 12/18/2004 ITEMIZATION OF CLAIMS CLASS 1 ADMINISTRATIVE EXPENSES Jan L Brown & Associates; attomey B56fee Register of Wills; probate fee TOT AL ADMINISTRATIVE EXPENSES CLASS 2 FAMILY EXEMPTION Susan R. Trayer, daughter and part of household TOTAL FAMILY EXEMPTION $1,500.00 $127.00 $3,500.00 CLASS 3 FUNERAL, BURIAL, LAST ILLNESS AND SERVICES RENDERED THE DECEDENT WITHIN 6 MONTHS OF DEATH Department of Public Welfare, Estate Recovery Program TOTAL CLASS 3 EXPENSES CLASS 6 ALL OTHER CLAIMS Department of Public Welfare, Estate Recovery Program TOTAL CLASS 6 EXPENSES TOTAL CLAIMS 3/8/2005 Schedule A, Page 2 $13,680.13 $6,151.03 $1,627.00 $3,500.00 $13,680.13 $6,151.03 $24,958.16 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATEMENT OF ACCOUNT Estate of Jean R. Trayer, Deceased Date of Death 12/18/2004 STATEMENT OF DISBURSEMENTS PURSUANT TO THE PRIORITIES ESTABLISHED IN THE PROBATE, ESTATES AND FIDUCIARIES CODE !l3392 Beginning balance; Principal and Income Less: Class 1 Administrative Expenses Register of Wills, probate fee Jan L. Brown & Association; attomey fee" -$127.00 -$1,500.00 Total administrative payments Balance available for Family Exemption Less: Class 2 Family Exemption (PRO RATA SHARE OF $3,500 BALANCE DUE) Susan R. Trayer -$2,165.31 Total Class 2 payment Balance available for Class 3 claim Balance available for Class 6 claim Balance available for residuary beneficiary distribution * Attorney's fee is fair and reasonable based upon the nature of the estate and the services rendered. 3/8/2005 Schedule A, Page 3 $3,792.31 -$1,627.00 $2,165.31 -$2,165.31 $0.00 $0.00 $0.00