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HomeMy WebLinkAbout06-27-05JAN L. BROWN 8~ ASSOCIATES ATTORNEYS AND COUNSELORS AT LAW OLDE ENGLISH GAP 845 .SIR THOMAS COURT SUITE 12 HARRISBURG, PA 17109 EMAIL: jlbassoc@verizon.net JAN L. BROWN, ESQUIRE' TELEPHONE (717) 541-5550 BRENDA F. KEPHART, LEGAL ASSISTANT .JACQUELINE A. KELLY, ESaU1RE FACSIMILE (717) 541-9223 PAULA K. WHITE, LEGAL ASSISTANT 'ADMITTED IN PA AND DISTRICT OF COIUMBfA JUDITH A. EBERSOLE, ADMINISTRATIVE ASSISTANT June 23, 2005 Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of William B. Thompson File No. 2005-00046 Gentlemen or Ladies: '~::; Enclosed please find the Family Settlement Agreement for filing with the Register of Wills/Clerk of the Orphans' Court together with Check 137 in the amount of $ZO to cover the filing fee. Please time stamp and return our file copy of this document. A return envelope is provided. If you have any questions, feel free to contact this office. Sincerely, ~`~ ~~~~ ~ ~~~ Brenda F. Kephart Legal Assistant bfk Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF WILLIAM B. THOMPSON, DECEASED FILE N0.2005-00046 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between MARY ANN MCCAMMON, as Executrix of the Estate of WILLIAM B. THOMPSON, Deceased, and NANCY J. DOBI and MARY ANN`=~' MCCAMMON, individually. WHEREAS, WILLIAM B. THOMPSON, late of Mechanicsburg Borough, Cumberland County, Pennsylvania, died testate on December 20, 2004, having first made his Last Will and Testament dated August 25, 2003, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2005-00046; WHEREAS, MARY ANN MCCAMMON has been duly appointed as Executrix of the Estate of William B. Thompson, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of William B. Thompson, Deceased, are: 1. Nancy J. Dobi, daughter 2. Mary Ann McCammon, daughter WHEREAS, NANCY J. DOBI and MARY ANN MCCAMMON are entitled to equal shares of the residuary estate; Page 1 of 5 WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; WHEREAS, it is the desire of the parties to this Agreement that administration of this estate be completed and 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; WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: MARY ANN MCCAMMON, 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 significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executrix, MARY ANN MCCAMMON, 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 Page 2 of 5 service as Executrix and Attorneys of the Estate of William B. Thompson, Deceased. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the estate from creditors or claimants. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 4. 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. 5. Each of the parties do further agree with each other and the aforesaid Executrix that should any liability come due to the estate of the said decedent after the signing of this Agreement, each will contribute pro rata her share of the estate to satisfy any and all claims, demands, suits or causes of action which maybe successfully prosecuted against the said estate or the aforesaid Executrix after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 3 of 5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this lry '~ day of Ju i--E , 2005. WITNESS: MAR ANN MCCAMMON, Exec trix and Beneficiary COMMONWEALTH OF PENNSYLVANIA /~ SS: COUNTY OF ~~Lt m,~r jQ~(~. On this the _ I co ~ day of ~(,l, n ~ , 2005 before me, a Notary Public, the undersigned officer, personally appeared MARY ANN MCCAMMON, 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 Deborah K. Alleman, Notary PubNc Middlesex Twp., Cumberland County My Commission Expires Apr. 28, 2007 Member, Pennsylvania Association Of Notaries Page4of5 Zo~- IN WITNESS WHEREOF, I have hereunto set my hand and seal this `~t~C~. day of y(~~,.Q _ , 2005. WITNESS: STATE OF NEW YORK COUNTY OF~ ~~ iti ~ , NANCY J. BI, Beneficiary SS: On this the ~~~~` day of ~~~ , 2005 before me, a Notary Public, the undersigned officer, personally appeared NANCY J. DOBI, 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. G~-~-~- I~TOtary Public MARIA M. OCASIO Notary Public. State of New Ybrtit No. 4973183 t~?t~iHied in IGngs County Com~ntseion Expires October t5, 20 ~ Page 5 of 5 s- •r; . ; ,, '~ ,~; STATEMENT OF ACCOUNT OF THE ESTATE OF WILLIAM B THOMPSON DATE OF DEATH 12/20/2004 Personal Property (basis at death) M&T Bank Checking Account 11065166 $27,075.31 PSERS prorated pension payment $401.25 Household goods; auction proceeds $435.75 Reimbursements/refunds $2,692.00 Total Probate Property $30,604.31 Income earned since date of death Interest $3.12 Total Income $3.12 Expenses Attorney fee; Jan L. Brown & Associates -$6,857.00 Family exemption; Mary Ann McCammon -$3,500.00 Administrative costs -$1,251.87 Debts of decedent -$4,129.58 Inheritance Tax -$9,205.60 Reserve* - 500.00 Total Expenses -$25,444.05 Net Assets Available for Distribution $5,163.38 DISTRIBUTION TO BENEFICIARIES* ACCORDING TO TERMS OF LAST WILL AND TESTAMENT OF WILLIAM B. THOMPSON Nancy J. Dobi, daughter, one-half residue Cash distribution $2,581.69 Mary Ann McCammon, daughter, one-half residue Cash distribution $2,581.69 Total Distribution $5,163.38 *Actual cash distribution maybe increased or decreased based on interest accrued, market value of assets, presentation of an obligation and/or payment of additional charges. Reserve will be distributed equally between the residuary beneficiaries after final payment of all obligations. After final distribution is made, the beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. 6/14/2005 Exhibit A