The URL can be used to link to this page

Home My WebLink About09-08-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF MARIE E. SHAFFER, DECEASED FILE NO. 2005-00014 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between SHARON M. ROQUE, as Executrix of the Estate ." = ,":'-'::> ,--~,C} -,:",') r -I ") --0 , CJ -:.., of MARIE E. SHAFFER, Deceased, and SHARON M. ROQUE, SHIRLEY L. SPENCE and JEAN E. BAGWELL, individually. WHEREAS, MARIE E. SHAFFER, late of Mechanicsburg Borough, Cumberland County, Pennsylvania, died testate on January 3, 2005, having first made her Last Will and Testament dated April 22, 1999, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2005-00014; WHEREAS, SHARON M. ROQUE has been duly appointed as Executrix of the Estate of Marie E. Shaffer, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Marie E. Shaffer, Deceased, are: 1. Sharon M. Roque, daughter 2. Shirley L. Spence, daughter 3. Jean E. Bagwell, daughter WHEREAS, SHARON M. ROQUE, SHIRLEY L. SPENCE and JEAN E. BAGWELL are entitled to equal shares of the residuary estate; Page 1 of6 . 9A .oJ ::::0 :---J rTl '-I I C'J ~,>~ ~~ '---ie_J -, r-n _,_JC.J lC) '-1-'7', ~. --c-, . ,'"5 rn '-:J --I n. u:; 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 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 ofthe mutual promises, covenants and agreements recited herein, the parties do agree as follows: I. SHARON M. ROQUE, 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, SHARON M. ROQUE, 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 Page 2 of6 Executrix and Attorneys of the Estate of Marie E. Shaffer, 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 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 may be 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 of6 ,2005. WITNESS: 'fhwdCL t 4~aA;C rrt. SHARON M. ROQUE, Executrix and Benefic COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the / 0 day of J u...n..L-- , 2005 before me, a Notary Public, the undersigned officer, personally appeared SHARON M. ROQUE, 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. IOTARlAI. SEAl. fMlAl. WHITE, NOTAIft'l'IIIIlC IlIllER PAXIllN TWP.. DAUPHIN COlllllY MY COMMISSION EXPIRES APRilS 2001 'tt'o.uJo..t ~ Notary Public Page 4 of6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ;) J s. T day of ~Ul.JQ.... ,2005. WITNESS: Cff'J)~L SH~EN~~ STATE OF TEXAS SS: COUNTY OF On this the 0)/ &r day of ~J~ , 2005 before me, a Notary Public, the undersigned officer, personally appeared SHIRLEY L. SPENCE, 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. A~::~.. OUVE RUTH SKELTON g~"..t..':.1 Notary Public, StateofToxas 'i.....;r..-!J./ My Commission Exp. 02.27.2008 """"~"",,, 1221~AO ell 11J)~ Notary Public Page 5 of6 9:- ~:::s ~F, I h,", h~'" "" my"""".m",," dU, c:?/ day of WITNESS: ~t!..&~n_/~ JE E. BAGWELL, Benefi STATE OF SOUTH CAROLINA SS: COUNTY OF On this the ~ Z II day of :1".... IV- , 2005 before me, a Notary Public, the undersigned officer, personally appeared JEAN E. BAGWELL, 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. CONSTANCE P. LYDA MmAAY PUBlIC . -- OF SOOTH CAfI(.llW> . "..,,~ ,- llKl ' Ccli1llft':Wlan ~ JunO. -_. W-f.~ Notary Public Page 6 of6 STATEMENT OF ACCOUNT OF THE ESTATE OF MARIE E. SHAFFER DATE OF DEATH 1/3/2005 Personal Property (basis at death) Fu]ton Bank CD 102-0078428 Fu]ton Bank CD ] 02-78429 Fulton Bank CD ]02-61487 Fu]ton Bank CD 102-61488 Fulton Bank CD 102-61489 Fulton Bank CD 102-61490 Fulton Bank CD 102-61466 Fu]ton Bank CD 102-61432 Fu]ton Bank Checking 1068-36818 Socia] Security; 1/3/05 uncashed check for 12/04 Corncast; subscriber refund 1980 rnobi]e home; no value Total Probate Property Income earned since date of death Interest Total Income Expenses Funeral expenses Attorney fee; Jan L. Brown & Associates Administrative costs Debts of decedent Inheritance Tax Reserve Total Expenses Net Assets Available for Distribntion $16,212.20 $5,008.18 $5,006.79 $5,006.79 $5,006.79 $5,006.79 $5,002.44 $10,011.40 $3,072.96 $1,073.00 $49.10 $0.00 $31.18 -$7,985.00 -$2,500.00 -$2,334.21 -$1,513.06 -$3,709.81 $0.00 6/14/2005 Exhibit A, Page 1 $60,456.44 $31.18 -$18,042.08 $42,445.54 DISTRIBUTION TO BENEFICIARlES* ACCORDING TO TERMS OF LAST WILL AND TESTAMENT OF MARIE E. SHAFFER Sharon M. Roque, daughter, one-third residue Cash distribution Shirley L. Spence, daughter, one-third residue Cash distribution Jean E. Bagwell, daughter, one-third residue Cash distribution Total Distribution $14,148.52 $14,148.51 $14,148.51 . Actual cash distribution may be increased or decreased based on interest accrued, market value of assets, presentation of an obligation and/or payment of additional charges. Any 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, Page 2 $42,445.54 STATUS REPORT UNDER RULE 6.12 Name of Decedent: Marie E Shaffer Date of Death: 1/3/2005 Will No. 2005-00014 Admin. No. Pursuant to Rule 6. 12 of the Supreme Court Orphans I Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1 . State whether administration of the estate IS complete: Yes X No 2 . If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3 . If the answer to No. 1 is Yes, state the following: a. account with the Court? Did the personal representative file a final Yes No X b . The separate Orphans' Court No. (if any) for the personal representative's account is: c . Did the personal representative state an account informally to the parties in interest? Yes X No d . Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans I Court and may be attached to this report. ~.g~ Signatur{._.? Date: 9/7/2005 Jan L Brown Name (Please type or print) 845 Sir Thomas Court Suite 12 Harrisburg PA 17109 Address (717 ) 541- 5550 Tel. No . Capacity : Personal Representative X Counsel for personal representative r-...., '::_') (:;:;:> "n"" ~""""') ~J::l eQ