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Home My WebLink About07-08-05 (2) ~ )-os- -O/e2-, FAMILY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF MARY L. YARLETT KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Mary L. Yarlett, late of Upper Allen Township, Cumberland County, Pennsylvania, deceased, died on January 20, 2005, having first made her Last Will and Testament, which was duly executed on April 19, 2000, and is duly recorded in Cumberland County, Pennsylvania, Estate No. 21-05-0127. WHEREAS, Lester H. Yarlett, the personal representative named in the Last Will and Testament of Mary L. Yarlett, died January 26, 2005, and one of the alternate co-personal representatives, Ronald L. Yarlett, pre-deceased Mary L. Yarlett on July 27, 2002; and WHEREAS, the surviving alternate co-personal representatives, Dennis L. Yarlett and Earl E. Yarlett, were duly appointed by the Cumberland County Register of Wills as the C<r Executors of the Estate of Mary L. Yarlett on February 9, 2005; and WHEREAS, the said co-personal representatives have gathered the assets of the estate of the said decedent and the assets consist of personal property to a total value of $23,861.00, as set forth in Exhibit "A", which is a statement of account of the said co-personal representatives, and which is attached hereto and made a part hereof, and marked Exhibit "A"; and WHEREAS, the debts and deductions, including the payment of inheritance tax in the said estate, amount to $9,270.59, leaving a balance for distribution of $14,190.41, also as set forth in the statement of the said co-personal representatives, which is attached hereto and made a part hereof, and marked Exhibits "B"and "C"; and NOW THEREFORE, KNOW YE, that we, Dennis L. Yarlett, and Earl E. Yarlett, Co- Personal Representatives of the Estate of Mary L. Yarlett, and Earl E. Yarlett, Dennis Yarlett, Rhonda Grove and Carol Ann Lippert, individually, being all of the heirs under the Last Will and Testament of the said decedent, and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid co-personal representatives, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to us by the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and 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 it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland 1 l> County . THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said co-personal representatives, their heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute 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. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and its predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Co-Personal Representatives and the Estate of the Decedent. Each Beneficiary further agrees and covenants that, neither she, nor any other person, organization or other entity on her behalf will file, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Co- Personal Representatives and the Estate of the Decedent. [This space is left intentionally blank.J 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this ,sr day of l!;' 2005. ~ ~ ~ ~~ ~~ ~ ~~~/ Dennis L. Yarlett, Co-Executor Est te of Ma L. Yarlett -- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this \ sot- day of ~ 2005, before me, the undersigned officer, personally appeared DENNIS L. Y ARLETT:' EARL E. Y ARLE~RHONDA GROVE and CAROL ANN LIPPERT, known to me (or satisfactorily proven) to be the individuals whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set ~ seal. '* 'Inc!.i.lll~ ~ OJJ C1-[lC~"" 4- tw.. ~Wc.. 0+ ~ L... ~o.r'f.--\;t . Notary he 3 NIA Notarial Seal Helen E. Rasmussen, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 2, 2007 Member, Pe~nsylvania Association of Notaries FIRST AND FINAL ACCOUNT OF THE ESTATE OF MARY L. YARLETT LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: JANUARY 20, 2005 PRINCIPAL ACCOUNT DEBITS: Your Accountants charge themselves with the following: Real Property Value None Personal Property Value INO USA February Annuity Check $296.34 Proceeds from Sale of Scooter (Miscellaneous Personal Property) $600.00 Miscellaneous Personal Property $400.00 Member's 1 st FCU Savings Account # 246391-00 $25.00 Member's 1st FCU CD # 246391-40 - Principal balance $14,819.64 Member's 1st FCU CD # 246391-40 - Interest to close out of CD $38.95 Member's 1st FCU CD # 246391-41 - Principal balance $1,570.00 Member's 1 st FCU CD # 246390-41 - Interest to close out of CD $2.32 People's Benefit Life Insurance - Proceeds ofProvidian # 010XA05732 $4, 105.96 Penn Treaty Insurance - Refund of Long Term Care premium $182.34 Penn Treaty Insurance - Long Term Care claim payment $1,620.00 Interest earned on estate checking account $7.91 Refund from PA Inheritance Tax $192.54 TOTAL PRINCIPAL DEBITS $23,861.00 EXHIBIT A CREDITS Your Accountants ask credit for payments made from Principal Account as follows: Description Cumberland County Register of Wills - Probate fee for Mary L. Yarlett Law Offices of Craig A. Diehl- Retainer for Attorney Fees Law Offices of Craig A. Diehl - Reimbursement for certified mail fee Cumberland Law Journal- Estate advertisement for Mary L. Yarlett Gingrich Memorials - 1/2 headstone engraving fee Fry Communications - 1/2 advertisement fees for scooter Internists of Central P A - Medical bill Law Offices of Craig A. Diehl- Remainder of Attorney Fees Department of Vital Records- Fee for additional death certificates Alert Pharmacy Services, Inc. - Prescription bill Cumberland County Register of Wills - PA Inheritance tax return Messiah Village - Final nursing home bill for Mary L. Yarlett Cumberland County Register of Wills - Filing fee for F.S.A. The Sentinel - Estate advertisement - Mary L. Yarlett Cumberland County Register of Wills - Estimated inheritance tax payment TOTAL PRINCIPAL CREDITS EXHIBIT B Amount $74.00 $1,000.00 $2.21 $75.00 $72.50 $5.70 $10.06 $3,898.55 $74.00 $15.28 $15.00 $1,864.00 $20.00 $144.29 $2,000.00 $9,270.59 RECAPITULATION Principal Debits $23,861.00 Principal Credits $9,270.59 Subtotal $14,590.41 Less: Personal property - in kind distribution $400.00 Subtotal $14,190.41 BALANCE FOR DISTRIBUTION PURSUANT TO LAST WILL AND TESTAMENT OF MARY 1.. Y ARLETT $14,190.41 EXHIBIT C , ' SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representatives propose distribution of the Total Balance for Distribution to the following heirs as described: Balance Available per First and Final Account 514,190.41 Earl E. Yarlett 40 Carroll Drive Dillsburg, P A 17019 Specific Bequest per Item 3A of Last Willi and Testament of Mary L. Yarlett $2,000.00 ... Balance payable to Lester H. Yarlett Estate $12,190.41 TOTAL FOR DISTRIBUTION PURSUANT TO LAST WILL AND TESTAMENT OF MARY L. Y ARLETT 514,190.41 '" Distribution is identical under the Estate of Lester H. Yarletet and all beneficiaries will be paid through his estate. EXIDBIT D