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Home My WebLink About07-13-05 d\ -OS--Ol~~ FAMILY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF LESTER H. Y ARLETT KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Lester H. Yarlett, late of Upper Allen Township, Cwnberland County, Pennsylvania, deceased, died on January 26, 2005, having first made his Last Will and Testament, which was duly executed on April 19, 2000, and is duly recorded in Cwnberland County, Pennsylvania, Estate No. 21-05-0128. WHEREAS, the said Lester H. Yarlett, by the aforesaid Last Will and Testament, named Ronald L. Yarlett, Earl E. Yarlett and Dennis L. Yarlett as the alternate co-personal representatives of said Last Will and Testament in the event that his wife, Mary L. Yarlett predeceased him; and WHEREAS, the said Mary L. Yarlett pre-deceased Lester H. Yarlett on January 20, 2005, and the said Ronald L. Yarlett also pre-deceased Lester H. 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 Cwnberland County Register of Wills as the Co- Executors of the Estate of Lester H. 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 $139,098.04, 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 $17,712.63, leaving a gross balance for distribution of $121,385.41, 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 WHEREAS, partial distributions to the beneficiaries of the Estate of Lester H. Yarlett have been made in the following amounts: Rhonda Grove March 16, 2006 $5,000.00 Carol Ann Lippert March 20, 2005 $5,000.00 Dennis L. Yarlett March 15,2005 $10,000.00 Earl E. Yarlett March 15,2005 $10,000.00 WHEREAS, there presently remains a balance for distribution to the heirs of Lester H. Yarlett in the amount of $103,575.82, which swn reflects the contribution of the net funds available for distribution from the Estate of Mary L. Yarlett in the amount of $12,190.41 as set forth in the statement of the said co-personal representatives, which is attached hereto and made 1 ~"- '- a part hereof, and marked as Exhibit "C". NOW THEREFORE. KNOW YE, that we, Rhonda Grove, Carol Ann Lippert, Dennis L. Yarlett, and Earl E. Yarlett, 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 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. 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this I ;s'T day of -:Jefte,2005. ~\'f WITNESS: ~ ,>td~/~t: t/ ~.'-- Rhonda Grove ? COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this \ '* day of Q, 2005, before me, the undersigned officer, personally appeared RHONDA GROVE, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ Notarial Seal Helen E. Rasmussen, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 2, 2007 Member, Pe.nsylvania Association of Notaries 3 ~ IN WITNESS WHEREOF, we have hereunto set our hands and seals this l st day of , 2005. WIlNESS: - t~ ~ J ()L4 rL&4.i Carol Ann Lippert COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND On this 1'St' day of ~, 2005, before me, the undersigned officer, personally appeared CAROL ANN LIPPERT, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , i{j;j? Notary lie COMM N Notarial Seal Helen E. Rasmussen, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 2. 2007 Member, Pe.nsylvania Association of Notaries 4 IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of ~ 2005. WITNESS: ~ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this Lday of~, 2005, before me, the undersigned officer, personally appeared DENNIS L. YARLETT, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ COMMONW ' NIA Notarial Seal Helen E. Rasmussen, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 2, 2007 Member, PeAnsylvania Association of Notaries 5 IN WITNESS WHEREOF, we have hereunto set our hands and seals this IS- day of~ 2005. WIlNESS: &~ r ~) :J~- Ea~~rl~tt COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this ~day of~, 2005, before me, the undersigned officer, personally appeared EARL E. YARLETT, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ COMM NW' Notarial Seal . Helen E. Rasmussen, Notary Pubhc Camp Hill Boro, Cumberland County My Commission ExpIres Aug. 2, 2007 Member. Pe~nsylvania Association of Notaries NIA 6 PERSONAL REPRESENTATIVES' ACCOUNT OF THE ESTATE OF LESTER H. YARLETT LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: JANUARY 26, 2005 PRINCIPAL ACCOUNT DEBITS: Your Accountants charge themselves with the following: Real Property Value None Personal Property Value Proceeds from Sale of Scooter $350.00 People's Benefit Life Insurance - Proceeds of National Home Life Assurance Policy # 0lOFB71997 $2,003.36 Capital Blue Cross - Refund of premium $378.28 American Fidelity Assurance Co. - Annuity # 1381675 - Final payments $660.92 !NO USA Annuity # 452632 - Beneficiary of Mary L. Yarlett $18,208.39 !NO USA Annuity # 481748 - Beneficiary of Mary L. Yarlett $18,268.94 !NO USA Annuity # 489023 - Beneficiary of Mary L. Yarlett $30,016.10 Met Life Insurance - Ethyl Corp Group Life Policy $1 ,502.53 Panasonic - Rebate $10.00 PNC Bank - Checking Account # 5070069612 - Principal balance at DOD $613.18 PNC Bank - Checking Account # 5070069612 - Accrued interest to DOD $0.08 PNC Bank - Additional checking account interest earned to close $0.07 Patriot News refund $109.75 PNC Bank - Savings Account # 5080016733 - Principal balance at DOD $2,114.16 Subtotal $74,235.76 EXHIBIT A DEBITS continued PNC Bank Savings Account # 5080016733 - Accrued interest at DOD $0.18 PNC Bank Savings Account # 50800167330- Interest earned until close $1.25 Penn Treaty Insurance - Return of unused premium on long term care policy $326.30 Allianz Annuity # 7310444 - Donated to estate by Earl Yarlett, beneficiary $30,529.59 Allianz Annuity # 7365474 - Donated to estate by Earl Yarlett, beneficiary $7,245.88 PPL - Refund $21.89 Allianz Annuities - Closeout balance of Guaranteed Benefit Account Donated to estate by Earl Yarlett, beneficiary $14.49 Penn Treaty Insurance Company - Long Term Care benefit payment $1,860.00 Messiah Village - Cottage refund per depreciation schedule $24,700.00 Member's 1st FCU - March 2005 estate checking account interest $12.52 Member's 1st FCU - April 2005 estate checking account interest $16.03 Member's 1st FCU - May 2005 estate checking account interest $16.80 P A Department of Treasury - Anticipated P A 1500 refund - Lester Yarlett $117.35 Subtotal $64,862.28 TOTAL PRINCIPAL DEBITS $139,098.04 EXIDBIT A - continued CREDITS Your Accountants ask credit for payments made from Principal Account as follows: Descrintion Internists of Central P A - Medical bills Alert Pharmacy - Prescription bills Cumberland County Register of Wills - Probate expense The Sentinel- Estate advertisement for Lester H. Yarlett Cumberland Law Journal- Estate advertisement for Lester H. Yarlett Pinnacle Health Hospitals - Hospital bill Law Offices of Craig A. Diehl - Retainer Law Offices of Craig A. Diehl - Certified mail reimbursement Cumberland County Register of Wills - Estimated inheritance tax payment Cumberland County Register of Wills - Additional short certificates Fry Communications - 1/2 advertising fee for sale of scooters Department of Vital Records - Additional death certificates James R. Gingrich - 1/2 engraving fee for monuments Messiah Village - February 2005 maintenance fee for 529 Dogwood Messiah Village - Nursing home bill Penn Treaty - Auto debit from PNC for MLL long term care policy Penn Treaty - Auto debit from PNC for LHL long term care policy PNC Bank - 50+ Checking monthly fees PNC Bank - PPL electric bill auto debit PNC Bank - Check cleared after DOD Subtotal EXHIBIT B Amount $79.41 $355.82 $306.00 $144.29 $75.00 $11.32 $500.00 $2.21 $3,750.00 $12.00 $5.70 $54.00 $72.50 $582.43 $6,568.93 $99.17 $198.34 $4.00 $63.70 $7.84 $12,892.66 CREDITS continued Description Alert Pharmacy - Prescription bills Law Offices of Craig A. Diehl- Balance offee Estate of Lester H. Yarlett Cumberland County Register of Wills - Filing fee for Family Settlement Agt. Cumberland County Register of Wills - Inheritance tax return filing fees Reserve Pending Estate Finalization Subtotal TOTAL PRINCIPAL CREDITS EXHIBIT B Amount $355.82 $2,429.15 $20.00 $15.00 $2,000.00 $4,819.97 $17,712.63 RECAPITULATION Principal Debits - Estate of Lester H. Yarlett $139,098.04 Principal Credits and Prior Distributions - Estate of Lester H. Yarlett $17,712.63 Subtotal- Estate of Lester H.Yarlett $121,385.41 Less Partial Estate Distribution to Earl E. Yarlett ($10,000.00) Less Partial Estate Distribution to Dennis L. Yarlett ($10,000.00) Less Partial Estate Distribution to Rhonda Grove ($5,000.00) Less Partial Estate Distribution to Carol Ann Lippert ($5,000.00) Contribution - Balance from Mary L. Yarlett Estate Checking Account $12,190.41 COMBINED BALANCE FOR DISTRIBUTION PURSUANT TO LAST WILLS AND TESTAMENTS OF MARY L. Y ARLETI AND LESTER H. Y ARLETI 5103,575.82 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 Fianl Account Earl E. Yarlett 40 Carroll Drive Dillsburg, P A 17019 $103,575.82 Specific Bequest per Item 3A of Last Willi and Testament of Lester H. Yarlett $2,000.00 Remaining balance available for residuary distributions Rhonda Grove 6 Links Mobile Home Park Lot 31 Mechanicsburg, P A 17050 Carol Ann Lippert 1168 Kingsley Road Camp Hill, PA 17011 Earl E. Yarlett 40 Carroll Drive Dillsburg, P A 17019 Dennis L. Yarlett 211 Mulberry Drive Mechanicsburg, P A 17050 $101,575.82 Residuary Bequest per Item 3B of Last Will and Testament of Lester H. Yarlett 1/6 Estate Residue $16,929.64 Residuary Bequest per Item 3B of Last Will and Testament of Lester H. Yar]ett 1/6 Estate Residue $]6,929.64 Residuary Bequest per Item 3B of Last Will and Testament of Lester H. Yar]ett 1/3 Estate Residue $33,858.27 Residuary Bequest per Item 3B of Last Will and Testament of Lester H. Yarlett 1/3 Estate Residue $33,858.27 $10],575.82 BALANCE FOR DISTRIBUTION PURSUANT TO LAST WILL AND TESTAMENT OF LESTER H. YARLETT $103,575.82 EXHIBIT D