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Home My WebLink About09-20-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF GLADYS I. MANN, DECEASED FILE NO. 2005-00009 FAMILY AGREEMENT AND FINAL RELEASE I .. THIS AGREEMENT by and between KEVIN J. MANN, as Executor of the Estate of.., o GLADYS I. MANN, Deceased, and SANDRA M. ORMSBY, WILLIAM A. MANN, KEVIN J. MANN and KATHLEEN M. FARMER, individually. WHEREAS, GLADYS I. MANN, late of the Borough of Mechanics burg, Cumberland County, Pennsylvania, died testate on December 16, 2004, having first made her Last Will and Testament dated June 4, 2002, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2005-00009; WHEREAS, KEVIN J. MANN has been duly appointed as Executor of the Estate of Gladys 1. Mann, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Gladys 1. Mann, Deceased, are: 1. Sandra M. Ormsby, daughter 2. William A. Mann, son 3. Kevin J. Mann, son 4. Kathleen M. Farmer, daughter WHEREAS, SANDRA M. ORMSBY, WILLIAM A. MANN, KEVIN J. MANN and KATHLEEN M. FARMER are entitled to equal shares of the residuary estate; Page 1 of7 ~ r-...:> r~) (f') I, ::-l~) f"T1 ::.~ _ CJ -.c:J c--'} , I II C:J )(:J ']";"1 ,..~;~ ,_J ~;~ ~' N C.) WHEREAS, each ofthe 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: 1. KEVIN J. MANN, Executor, does hereby state that he has fully and faithfully discharged the duties of his office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. He further states that all known claims against the Estate have been paid in full, and to the best of his 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 Executor, KEVIN J. MANN, his 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 Executor and Page 2 of7 "'<' ------.....-.....".,~......".,_." Attorneys of the Estate of Gladys 1. Mann, 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. 3. 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 Executor that should any liability come due to the estate of the said decedent after the signing of this Agreement, each will contribute pro rata hislher 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 Executor 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 of7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5 day of -.JuJ r- ,2005. WITNESS: YJilfJcia- t ;f~ahj; ,A---- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the .5 day of ..JiLl r , 2005 before me, a Notary Public, the undersigned officer, personally appeared KEVIN J. MANN, 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. qa..uJaJ[ ~ Notary Public NOTARIAl SEAL MUlAK. WHITE, NOTARYPUBUC lOWER PAXTON !WI!, DAUPHIN COUNtY MY COMMISSION EXPIRES APRil 5 2001 Page 4 of7 .'",.v.",:". '0 V' !'He "'" "'i.'~ r"". _... , it: ~1N-'h'~' . '1f;A'ij" r: r~. "I. I -..'..""'-..""""'....."'""'...,........,., IN WITNESS WHEREOF, I have hereunto set my hand and seal this '--h-. II day of gA~f ,2005. WITNESS: ~w J"-ht ~~Ckf1 .~A{)~?h. ~ - '1/tIj,.s-- . SANDRA M. ORMSBY, Beneficia STATE OF NEW YORK COUNTY OF P /rioJLV2A ( I ~ day of SS: On this the gu4 , 2005 before me, a Notary Public, the undersigned officer, personally appeared SANDRA M. ORMSBY, 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. ~.o.,)'-1:4 Qj,~ Notary blic (f KATHLEEN M. TRACY Notary Public, Stale of New York Qualified in Niagara County My Commission Expires Sept. 9.~ Page 5 of7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ k1; ,2005 '1..f( day of ~~L-- ILLIAM A. MANN, BeneficIary COMMONWE1iT~ ~~ ~E~SYLV ANIA COUNTY OF ~YOZ-- On this the q_ day of SS: , 2005 before me, a Notary Public, the undersigned officer, personally appeared WILLIAM A. MANN, 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. Page 6 of7 IN WITNESS WHEREOF, I have hereunto set my hand and seal this - /2> day of J(4- , 2005. WITNESS: A- '" \ 1 0ilf)oI~ STATE OF VIRGINIA C \'+"'1 c-eHNPt OF Al.eXa.nOJ\ 0( On this the J '3 day of (..) Vvl ~ ' 2005 before me, a Notary Public, the undersigned officer, personally appeared KATHLEEN M. FARMER, known to me or SS: '223 '5S 1737 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 Pu Ie Page 7 of7 STATEMENT OF ACCOUNT OF THE ESTATE OF GLADYS I MANN DATE OF DEATH 12/16/2004 Real Property 206 Allendale Road, Mechanicsburg Personal Property Rite Aid Corp; 267.305 shs/$3.41 sh Reimbursements/refunds Total Probate Property $ 174,900.00 $ 911.51 $ 2,777.15 $ 178,588.66 Income Earned Since Date of Death Realized gain on sale of securities Total Income $ 16.04 $ 16.04 Expenses Funeral Legal fee; Jan L Brown Administrative costs Debts of decedent Pennsylvania Inheritance Tax Reserve* Total Expenses $ (19,210.15) $ (12,565.00) $ (16,442.89) $ (63,096.41) $ (11,146.01) $ (744.24) $ (123,204.70) Net Assets Available for Distribution $ 55,400.00 DISTRIBUTION TO BENEFICIARIES PURSUANT TO WILL DATED JUNE 4, 2002 Sandra M Ormsby, daughter One-fourth residuary estate; cash distrib William A Mann, son One-fourth residuary estate; cash distrib Kevin J Mann, son One-fourth residuary estate; cash distrib Kathleen M Farmer, daughter One- fourth residuary estate; cash distrib Total Distribution $ 13,850.00 $ 13,850.00 $ 13,850.00 $ 13,850.00 $ 55,400.00 "'The reserve balance may increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed equally between the residuary beneficiaries after payment of any additional obligations. After final distribution is made, the residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. 7/5/2005 Exhibit A