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Home My WebLink About09-06-05 Date: 8/23/05 In the estate of: SHIRLEY A. FRY Estate No: Date of Death: 21-05-0344 3/24/05 CLAIM AGAINST DECEDENT'S ESTATE The Claimant certifies that there is due and owing by the SHIRLEY A. FRY deceased, 296.41 in accordance with the attached statement of account the sum of $ together with interest at the rate of from until paid. On behalf of the claimant I do solemnly declare and affirm under the penalties of perjury that the information and representations made herein are true and correct of the best of my knowledge, information and belief. THR RON "'ON Name of Claimant ,." , ~.. :.'1 C._..'l Si ature of Claimant or p€rspn authorized to make verificatidn. on behalf of creditor ~ ,") ,'-' I co, 9441 LOJ rREE'NAY, Ad{.I(gPJk Box :30 .- Dallas, TX 75243 co 01 Address of Claimant 972-644-6360 Phone Number Phone Number FILED: THIS FORM MAY BE FILED WITH THE ORPHANS COURT UPON PAYMENT OF A FILING FEE OF $10.00. A COPY MUST ALSO BE SENT TO THE PERSONAL REPRESENTATIVE. 1..'1' -J-' ,;1 : .-) .C) .:.' - , --) ;h <:J ) CO) ,-'il -. :n :::J . rTl , ,') (-) "'il PROBATE COURT Cumberland County, State of Pennsylvania Shirley A. Fry, Deceased Case #21-05-0344 Proof of Mailinq I mailed the creditors claim to the fiduciary (and attorney, if applicable) as follows: I deposited a copy/copies of the claim with the United States Postal Service in a sealed envelope with the postage fully pre-paid. I used first-class mail. I am employed in the county where the mailing occurred. The envelope(s) was/were addressed and mailed as follows: Ms. Judy Fry c/o Jacqueline A. Kelly, Esq. 845 Sir Thomas Ct. Suite D Harrisburg, PA 17109 ", C~ c---::> -::...;-, C_'} 1'-) .'j) I C' F~k Date of Mailing: C) c..n County of Mailing: Dallas, Texas I declare Date: j'; of perjury that the foregoing is true and correct. . Albertson, Agent for The Bon Ton P.O. Box 741026 Dallas, TX 75374 :T_") "1 ~3 :"..J ;,:~ '.::~] .--' .':~' " ~~~~ .-") " IN THE CIRCUIT COURT IN AND FOR CUMBERLAND COUNTY PROBATE DIVISION INRE: SHIRLEY FRY Our Client: SEARS (CITIBANK USA, N.A.) Account No: 0558913513914 Court File No: 21-05-0334 SATISFACTION AND RELEASE OF CLAIM The above named Claimant has received the sum of $879.55 in settlement payment of the claim made against the Estate. This Satisfaction and Release of Claim is executed to acknowledge payment and discharge of claim and to release the Estate and personal representative from all further liability with respect thereto. Executed this ~ day of llVj v '>+ ,20~. Balogh Becker, Ltd. !..n n n BY:~ 1!. ~ One of its Attorneys-in-Fact: Chelsea A. Whitley _ Angela M. Horn _ Michael D. Johnson _ Mary Ellen Weeman_ Thersia O. Lee _ J Chad J. Bolinske_ Matthew R. Eichenlaub l"--- Attorney-in-Fact for Cllllmant 4150 Olson Memorial Highway, Suite 200 Minneapolis, Minnesota 55422-4811 877-768-4494 I-~~ C) V' ...., = c...:;,) ~" U, fTl -0 f'...) = ~d i'TI , c.> (,-)0 ,~,-..., ::0 -~C:-.J c.;l8 ',,) l''''--:=' -'1 C5 rn '-,-:. (-:) -n -u mbna *. MBNA America Bank, NA Wilmington, Delaware 19884 (302) 453-9930 www.mbna.com MBNA America P. O. Box 15409 Wilmington, DE 19885-5409 Jan L. Brown & Associates Olde English Gap 845 Sir Thomas Court, Suite 12 Harrisburg, PA 17109 (0937) RE: Estate of Shirley A. Fry Account # 4264294228524155 changed to 4264294999567540 ;_.~ ~o September 9, 2005 Dear Sir or Madam: SATISFACTION AND RELEASE OF CLAIM The undersigned creditor, MBNA America, whose social security or tax identification number is 510331454, has received full payment of the claim filed in this proceeding by the undersigned against the Estate of Shirley A. Fry, deceased, on or about, July 11, 2005 or has otherwise settled or compromised said claim, and this Satisfaction and Release of Claim is executed to acknowledge discharge of claim and to release the estate and the Personal Representative of the estate from all further liability with respect thereto. DATED this September 9, 2005 MBNA AMERICA Lhvu//I'GfaM Cheryl A. Yates (88~) 465-6262 Customer Advocate By: \)- '" '-~ c:..:.: c:", ,/") ~';'l ., N = -CI -.:::u ~~~~ ~!:.:J ,--_J , 't ':::J :; (-j . '--1 '.)-1 ~:.5 "--=,-"1-1 . (J STATE OF: PENNSYLVANIA COUNTY OF: CUMBERLAND Probate Court Receipt and Satisfaction ESTATE OF: SHIRLEY A. FRY PROBATE COURT CASE NUMBER: 21-05-0344 The undersigned, agent for the creditor, has received full payment, or has settled or compromised the claim filed in this proceeding against the above estate. This Receipt and Satisfaction is executed to acknowledge discharge of the claim and . ,...., to release the estate and the personal representative of the estate frb~all ftiiher _T.-_, liability with respect thereto. ('-~~ !,l _:J U) r71 v 1'0 a :XJ I-n C) c.') r.-:-:_J (:-.:7 fTl C:.:J ,~~ .__.- :Tl ~ (~5 . ITl ..~-, :? N Creditor Name: THE BON TON Address: 9441 LBJ Freewav, Lock Box 30, Dallas, TX 75243 Telephone: 972-644-6360 . Albertson, Agent x4~~ Date: ~> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF SHIRLEY A. FRY, DECEASED FILE NO. 2005-00344 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between JUDY A. FRY, as Executrix of the Estate of SHIRLEY A. FRY, Deceased; LORI A. TRACE, LARRY W. BILLER, REGINA B. BILLER, and LINDSAY M. BILLER, as beneficiaries; and JUDY A. FRY, as a beneficiary and as Trustee of the Testamentary Trust(s) for the benefit of CHRISTOPHER R. TRACE and MATTHEW E. TRACE. WHEREAS, SHIRLEY A. FRY, late of Cumberland County, Pennsylvania, died testate on March 25, 2005, having first made her Last Will and Testament dated September 2, 2003, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2005-00344; WHEREAS, JUDY A. FRY has been duly appointed as Executrix of the Estate of Shirley A. Fry, Deceased, and WHEREAS, the parties in interest are: - , , 1. Judy A. Fry, daughter 2. Lori A. Trace, daughter 3. Christopher R. Trace, grandson 4. Matthew E. Trace, grandson 5. Larry W. Biller, son 6. Regina B. Biller, granddaughter 7. Lindsay M. Biller, granddaughter WHEREAS, JUDY A. FRY, LORI A. TRACE, and LARRY W. BILLER are each entitled to twenty percent (20%) of the residuary estate; 1 v ''''' ,,::Jo ." ~ J1 ~ t ,1 C") .':6 '-) '1-1:--1 .=::::J C) i ""1 _.' -1'1 : ."'5 1'_ ; T1 '-"':;7? .":.) ~., ) 1 -.J ::'2 j'.) Ul WHEREAS, CHRISTOPHER R TRACE, MATTHEW E. TRACE, REGINA B. BILLER, and LINDSAY M. BILLER are each entitled to ten percent (10%) ofthe residuary estate; WHEREAS, neither CHRISTOPHER R. TRACE nor MATTHEW E. TRACE have attained the age of eighteen (18); therefore, in accordance with the provisions of Article Third of the Will, the applicable beneficial share(s) will be placed in separate trust(s) with JUDY A. FRY, TRUSTEE. Said share(s) may be disbursed according to the terms and conditions of Article Third of the Will. 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 final distribution of this estate be 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. JUDY A. FRY, 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 2 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, JUDY A. FRY, her heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE, and JACQUELINE A. KELLY, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Shirley A. Fry. 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 ofthe 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. 3 ,v;{ IN WITNESS WHEREOF, I have hereunto set my hand and seal thi~ day of S~m'ou ,2005 WITNESS: ~v cu..t.A iJ. E ~ "ceil d Beneficiary and hirley A. Fry for trusts created for the benefit of HRISTOPHER R. TRACE and MATTHEW E. TRACE COMMONWEALTH OF PENNSYLV ANlA SS: COUNTY OF DAUPHIN ~ On this the ~ day of ' \,p n~m hPr-, 2005 before me, a Notary Public, the undersigned officer, personally~A. FRY 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. ~YIt,l1;J II rtL~ ot ubhc OF IIOT ~",\lEl.IJ,IIOTMIf= UIWBI PAXlOlI1WP.. ilAUPHIll _ 1ft COMMISSION DPIMS DEe. 11 .- 4 !II d. _I ~ 't'I.~SS WHEREOF, I have hereunto set my hand and seal this rJlJ day of ~,2005. WITNESS: 1J1r ?I.j~ d COMMONWEALTH OF PENNSYLVANIA COUNTY OF CJl.~(ttLtuA 55: On this the :J..7H1 day of~kM-be/'" . 2005 before me, a Notary Public, the undersigned officer, personally appeared LORI A. TRACE 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. ,j(pjrl/ {fl. {1~ ~~ubllC NaI'MJAL SEAL HBDI M. NEI.SON -- NIle ~1fn:~IdCD. My CommIHIIlIl-" _ 'l7, 2117 5 C' IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~g day of UQP-ttrYl\nr ,2005. - WITNESS: 9rw.~.-~ ( i COMMONWEALTH OF PENNSYLVANIA COUNTY OF C-u.mbu\ a.nci SS: On this the a<6 day of ~~lCl1blr .2005 before me, a Notary PubJic, the undersigned officer, personally appeared LARRY W. BILLER 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. ~liCL(j. ~ N t Pubhc NOTARIAL SEAL JESSICA L. HOFFMAN, Notary POOIic Hampden Twp" Cumberland County .~_C:-,,~~~n~'!....Expires ~uly 22, 2006 6 IN >>,ITNESS WHEREOF, I have hereunto set my hand and seal this ~G~y of c..)ef~ 'be\,2005. ~/lU B. BILLER, Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~ -(/\ 'cE;<'\~ ~ SS: On this the J,. ~ day of ~~ 'bE:!' , 2005 before me, a Notary Public, the undersigned officer, personally appeared REGINA B. BILLER 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 setll h~d and official NOTARIAL SEAL LY MICHAEl J. SMI1li. NoIary PubIlc ~ l'Hp., Cumberllnd County Notary P b c Clllrt\tll1\llOk!~ I!llIlItOll III aooo 7 IN ~NFSS WHEREOF, I have hereunto set my hand and seal this?lt~ of ?km~,2005. WITNE(tIIltr{ L COMMONWEALTH OF PENNSYLVANIA COUNTY OF C) (J\ W \~{\ ~ S5: On this the Ol.l~day of Sef~ bf:f', 2005 before me, a Notary Public, the undersigned officer, personally appeared LINDSAY M. BILLER 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, NOTARlAl SEAl MICHAEL J. SMllli. NoWy PublIc Henlxlen Twp., Cur.ibet.od County eemm~ '. IN WITNESS WHEREOF, I hereunto set 8 STATEMENT OF ACCOUNT OF THE ESTATE OF SHIRLEY A. FRY DATE OF DEATH 3/24/05 Real Property Contract price for sale of 1 Sherwood Dr.. Mechanicsburg, PA Proceeds from sale of 2002 Coachmen Trailer Personal Property (basis at death) Putnam Investments account: 320.240 shares @ $17.59 Members 1 st Savings 40898-00 Members 1 sl Checking 40898-11 Members 1 st MM 40898-05 Members 1 sl CD 40898-40 Members 15t CD 40898-43 Household fumlshings-cash from yard sale Household furnishings Reimbursements/refunds TOTAL PROBATE PROPERTY Income earned since date of death Members 1st CO's-dividends TOTAL INCOME Loss earned since date of death Putnam Investments-loss in value since date of death TOTAL LOSS Expenses Funeral Home Legal fee; Jan L. Brown Administrative costs Family Exemption Executor fee gravemarker Debts of decedent Inheritance tax Reserve for income tax and addit'l obligations TOTAL EXPENSES NET AVAILABLE FOR DISTRIBUTION DISTRIBUTION TO BENEFICIARIES ACCORDING TO TERMS OF WILL Judy A. Fry. daughter. 20% of residue personal property Cash Distribution-6/27105 Cash Distribution Lori A. Trace. daughter. 20% of residue personal property Cash Distribution Larry W. Biller. son, 20% of residue Regina B. Biller, granddaughter, 10% of residue Lindsay M. Biller. granddaughter, 10% of residue Christopher R. Trace, grandson, 10% of residue held In trust Matthew E. Trace. grandson. 10% of residue held in trust Total Distribution $148.900.00 $8.000.00 $5,633.02 $655.85 $350.23 $483.42 $2.589.33 $2,472.02 $362.80 $307.00 $533.23 $26.93 $156.40 -$9,050.25 -$11,055.00 -$23,172.82 -$3,500.00 -$5,661.12 -$190.00 -$62,593.31 -$3,092.53 -$3.000.00 $195.00 $355.35 $9.218.13 $112.00 $9,656.48 $9.768.48 $4.884.24 $4.884.24 $4.884.24 $4,884.24 "Actual cash distribution may be increased or decreased based on interest accrued. market value of assets. presentation of an obligation and/or payment of .a<litional charges.. Reserve will be disbibuted equally between the residuary heirs after final payment of all obligations. Exhibit A $170,286.90 $26.93 -$156.40 -$121,315.03 $48,842.40 $48,842.40