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Home My WebLink About10-26-05 I ESTATE OF BEULAH K. FUNK File No. 21-05-0079 THIS AGREEMENT made this 130 day of (jc~ ,J '. ,2005" ) "cC: , 'j FAMIL Y SETTLEMENT AGREEMENT BETWEEN: UPTON K. FUNK. LYNNE M. HIXSON, PAMELA J: HA WKINS, and REBECCA S. HASTINGS, being the residuary legatees under the Last Will and Testament of Beulah K. Funk, late of the Borough of Shippensburg, Cumberland County, Pennsylvania, AND UPTON K. FUNK, appointed Executor of the Estate under the Last Will and Testament of Beulah K. Funk, deceased, WHEREAS, Beulah K. Funk died January 18, 2005, testate, and under her Will left her estate to the parties herein; and WHEREAS, Letters Testamentary were granted to Upton K. Funk on March 14, 2005, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Beulah K. Funk have been liquidated or distributed and all her debts paid in full, and further the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Executor, the said parties hereto desire to waive the duty of the Executor to file a First and Final Account with Proposed Schedule of Distribution for purposes of v. WEIGLE 6< ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 I confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. NOW, THEREFORE, WITNESSETH, that the parties hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of their distributive shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release Upton K. Funk, Executor, from all claims and demands whatsoever arising out of settlement of the Estate of Beulah K. Funk. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we do hereby covenant and agree with the aforesaid personal representative that we will contribute pro rata 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. WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: IlA- k /~~ ;/~ j(L~ /? jJ~ (~a-~ . .'It )1) ~r~ ~~~ ~~ .~ (SEAL) J~~~~~ (SEAL) {(~~./,. He ~, (SEAL) Rebecca S. Hastings (SEAL) WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 I COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND !J~ On this, the day of @(M~ , 2005, before me, the undersigned officer, personally appeared UPTON K. FUNK, 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. ,Y24t'j:~ (SEAL) Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County ~~_llJissio.Q"~J?J!.~~Au~st 15, 2008 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF C i.J\ '^' ()f(l LANt) I j TL On this, the day of (J~~ , 2005~ before me, the undersigned officer, personally appeared LYNNE M. HIXSON, 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. ~)(~~ (SEAL) Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW _ 126 EA M~,~,~~~~~n ,~~~~~t~~~~l~~$2~~57-1397 I STATE OF ALABAMA SS COUNTY OF On this, the / ~---' day of & -rJ.. c-urtA:-fL/ , 2005, before me, the undersigned officer, personally appeared PAMELA J. HAWKINS 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. ~D - x'Z/lAAL I D )J f. ff<t,J.t (SEAL) COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ('--\M0cfLLAtJD On this, the I ] t:!- day of @~~ , 2005, before me, the undersigned officer, personally appeared REBECCA S. HASTINGS 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. ~~ )( ~UA- (SEAL) Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 Ej~ ??m~i~~~ Ex~~P~w~~~, 2~O~bs7_1397 I EXECUTOR'S ACCOUNT FIRST AND FINAL ACCOUNT OF UPTON K. FUNK, EXECUTOR FOR ESTATE OF BEULAH K. FUNK, DECEASED Date of Death: Date of Executor's Appointment: Dates of Advertisement of Letters: Cumberland Law Journal The News-Chronicle January 18,2005 March 14,2005 Accounting for the Period: April 1, 8 & 15,2005 March 29,2005 and AprilS, 12,2005 January 18,2005, to October 11, 2005 Purpose of Account: Upton K. Funk, Executor, offers this account to acquaint interested parties with the transactions that have occurred during his administration. The account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A. Weigle, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE 6< ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 SUMMARY OF ACCOUNT Estate of Beulah K. Funk, Deceased For the period of January 18. 2005 throu!:Jh October 11. 2005 Proposed Distributions to Beneficiaries Pa!:Je 12 PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions 1-- 2 Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal and State Taxes Commissions Fees Family Exemption 3 3 3-4 4 4 Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries 5-6 7 Principal Balance on Hand For Information: Investments Made Changes in Investment Holdings 8 INCOME Receipts This Account 9 -10 Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements Balance Before Distributions Transfer to (from) Income Distributions to Beneficiaries Income Balance on Hand 11 For Information: Investments Made Changes in Investment Holdings COMBINED BALANCE ON HAND Current Value 162,278.46 345.21 3,443.20 894.25 7,786.78 0.00 9,228.00 0.00 I' Fiduciary Acquisition Value 162,278.46 186,950.17 0.00 186,950.17 21,697.44 165,252.73 0.00 3,599.75 161,652.98 625.48 0.00 625.48 0.00 625.48 0.00 0.00 625.48 162,278.46 SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Cash 01/18/2005 Cash on hand 25.75 01/18/2005 Coins - appraised value 159.00 01/18/2005 M & T Bank Certificate of Deposit 3 20.085.36 #031003913794482 01/19/2005 Accrued income on above item through date of 23.79 death 01/18/2005 M & T Bank Certificate of Deposit 4 29.827.48 #031003914490758 01/19/2005 Accrued income on above item through date of 33.45 death 01/18/2005 M & T Bank Certificate of Deposit 5 20.000.00 #031003914540561 01/19/2005 Accrued income on above item through date of 6.28 death 01/18/2005 M & T Bank Certificate of Deposit 6 10.000.00 #031003914597934 01/19/2005 Accrued income on above item through date of 29.46 death 01/18/2005 M & T Bank Checking Account 97246239 - 8.323.65 non-interest bearing 01/18/2005 M & T Bank Savings Account #015004208620391 12.815.33 01/19/2005 Accrued income on above item through date of 0.44 death 01/18/2005 M & T Certificate of Deposit 1 Account 60.000.00 #031003913321368 01/19/2005 Accrued income on above item through date of 619.52 death 01/18/2005 M & T Certificate of Deposit 2 20.000.00 #031003913321376 01/19/2005 Accrued income on above item through date of 289.50 death 182.239.01 1 SCHEDULE A RECEIPTS OF PRINCIPAL Continued 0111812005 0111812005 Personal Property Jewelry - appraised value Personal Property - appraised value 0112012005 0111812005 0112712005 0210812005 Subseauent Principal Receipts Episcopal Home - refund Sprint - refund The Sentinel - refund Thornwald Home - refund 3.305.00 110.00 1.250.00 15.24 0.92 30.00 Total Receipts of Principal 2 I' Fiduciary Acquisition Value 3,415.00 1.296.16 186.950.17 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 01/20/2005 M & T Bank Checking Account 97246239 - check clearing after date of death MCr West Shore EMS-BLS Continuing Care Rx Lancaster HMA Physicians Management Center MCI RPC Associates Total Debts of Decedent 02/15/2005 02/15/2005 02/16/2005 02/28/2005 03/02/2005 04/09/2005 02/18/2005 04/22/2005 05/13/2005 Funeral Expenses Fogelsanger-Bricker Funeral Home Carlisle Memorial Service - monument Carlisle Memorial Service - monument lettering Total Funeral Expenses 01/26/2005 Miscellaneous Administration Expenses Register of Wills, Cumberland County - Letters Testamentary and Short Certificates M & T Bank - estate checks American Gem Appraisers - appraisal of jewelry Cumberland Law Journal - advertising Letters Testamentary Register of Wills, Cumberland County - filing Codicil to Will Edward Sollenberger - appraisal of coins News Chronicle - advertising Letters Testamentary 02/15/2005 02/21/2005 03/23/2005 03/28/2005 04/26/2005 05/11/2005 3 41.78 11.02 103.00 71.95 76.18 7.46 33.82 2.837.20 570.00 36.00 352.00 22.75 180.00 75.00 15.00 20.00 92.75 I' 345.21 3,443.20 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 07/15/2005 07/15/2005 Linda K. Klein - notary fee Register of Wills, Cumberland County - filing PA Inheritance Tax Return Weigle & Associates, P.C. - reserve for filing Family Settlement Agreement with Register of Wills, Cumberland County Weigle & Associates, P.C. - reimbursement for postage, xerox copies, and long distance telephone calls 07/15/2005 07/15/2005 Total Miscellaneous Administrative Expenses Taxes 07/15/2005 Register of Wills, Cumberland County - PA Inheritance Tax Total Taxes 07/15/2005 Fees Weigle & Associates, P .C. Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 4 14.00 15.00 75.00 32.75 7,786.78 9.228.00 I' 894.25 7.786.78 9.228.00 21.697.44 I' SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Armantha L. Hixson 05/16/2005 Jewelry - diamond necklace 240.00 240.00 Cassidy Funk 05/16/2005 Jewelry - pearl necklace 10.00 10.00 Doris P. Funk 05/16/2005 Jewelry - diamond earrings 140.00 05/16/2005 Personal Property - antique black chair 45.00 185.00 Lynn M. Hixson 05/16/2005 Cash on hand - 1/6 Share 4.29 05/16/2005 Coins - 1/6 Share 26.00 05/16/2005 Jewelry - diamond earrings 700.00 05/16/2005 Personal Property - foot stool and contents 65.00 795.29 Melissa Hastin~s 05/16/2005 Jewelry - ruby and diamond necklace 400.00 400.00 Pamela J. Hawkins 05/16/2005 Cash on hand - 1/6 Share 4.29 05/16/2005 Coins - 1/6 Share 26.00 5 I' SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Continued 05/16/2005 Jewelry - amethyst necklace; ruby and diamond 475.00 ring; white gold diamond band; amethyst ring 505.29 Rebecca Ann Hawkins 05/16/2005 Jewelry - diamond necklace 400.00 400.00 Rebecca S. HastinQs 05/16/2005 Cash on hand .1/6 Share 4.29 05/16/2005 Coins - 1/6 Share 26.00 05/16/2005 Jewelry - gold bracelet and 2-stone diamond ring 940.00 970.29 Upton K. Funk 05/16/2005 05/16/2005 Cash on hand. 1/2 Share Coins - 3/6 Share 12.88 81.00 93.88 TOTAL DISTRIBUTIONS TO BENEFICIARIES 3.599.75 6 # Units PRINCIPAL BALANCE ON HAND Description Cash M T Bank Estate Account Total Cash 7 Current Value 10/11/2005 or as Noted 161.652.98 161.652.98 161.652.98 Fiduciary Acquisition Vallile 161.652.98 161.652.98 161.652.98 [I SCHEDULE F CHANGE IN INVESTMENT HOLDINGS - PRINCIPAL # Units Cost Coins 01/18/2005 Inventoried 159.00 05/16/2005 Distributed -81.00 05/16/2005 Distributed -26.00 05/16/2005 Distributed -26.00 05/16/2005 Distributed -26.00 0.00 Jewelry 01/18/2005 Inventoried 3.305.00 05/16/2005 Distributed -940.00 05/16/2005 Distributed -400.00 05/16/2005 Distributed -240.00 05/16/2005 Distributed -400.00 05/16/2005 Distributed -10.00 05/16/2005 Distributed -140.00 05/16/2005 Distributed -700.00 05/16/2005 Distributed -475.00 0.00 Personal Property 0111812005 Inventoried 110.00 0511612005 Distributed -45.00 0511612005 Distributed -65.00 0.00 Total 0.00 8 SCHEDULE G RECEIPTS OF INCOME Interest/Bank M & T Bank Certificate of Deposit #031003913794482 01/27/2005 interest date of death to closing M &T Bank Certificate of Deposit #031003914490758 01/27/2005 interest date of death to closing M & T Bank Certificate of Deposit 5 #031003914540561 02/15/2005 03/22/2005 04/20/2005 04/21/2005 M & T Bank Certificate of Deposit 6 #031003914597934 02/25/2005 03/28/2005 05/02/2005 M & T Bank Savinrls Account #015004208620391 01/27/2005 interest date of death to closing M & T Certificate of Deposit #031003913321376 04/21/2005 interest date of death to closing M & T Certificate of Deposit Account #031003913321368 04/21/2005 interest date of death to closing 9 4.11 5.08 21.59 25.18 27.88 5.39 3.15 29.46 28.40 0.70 151.46 323.08 4.11 5.08 80.04 61.01 0.70 151.46 1 r SCHEDULE G RECEIPTS OF INCOME Continued 323.08 TOTAL BANK INTEREST 625.48 TOTAL RECEIPTS OF INCOME 625.48 10 # Units Description INCOME BALANCE ON HAND Cash M T Bank Estate Account Total Cash 11 Current Value 10/11/2005 or as Noted 625.48 625.48 625.48 I' Fiduciary Acquisition Value 625.48 625.48 625.48 I' PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 10/11/2005 Acquisition or as noted Value TO: Lvnn M. Hixson 1/6 Share of Residuary - Cash 27.046.41 27.046.41 27.046.41 27,046.41 TO: Pamela J. Hawkins 1/6 Share of Residuary - Cash 27,046.41 27,046.41 27,046.41 27,046.41 TO: Rebecca S. Hastinas 1/6 Share of Residuary - Cash 27,046.41 27.046.41 27,046.41 27.046.41 TO: Upton K. Funk 1/2 Share of Residuary - Cash 81,139.23 81.139.23 81.139.23 81,139.23 Total 162,278.46 162.278.46 12 UPTON K. FUNK, Executor of the Estate of Beulah K. Funk, deceased, hereby declares under oath (penalties of perjury) that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that, to his knowledge, there are no claims now outstanding against the estate; and that all taxes presently due from the estate have been paid. Subscribed and sworn to by UPTON K. FUNK, before me this / J ~ day of C)c~ ,2005. /:~ )(f~ Notarial eal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County M Com~ion E~p~~ Augus! 15, 2008 WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 In the Court of Common Pleas of Cumberland County, Pennsylvania INRE: ORPHANS' COURT DIVISION Estate of Beulah K. Funk NO. 21-05-0079 Status Report Under Rule 6.12 Name of Decedent: Beulah K. Funk Date of Death: 1/18/2005 Pursuant to Rule 6.12 of the Supreme Court Orphans' 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. Did the personal representative file a final account with the Court? 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 Orphans' Court and may be attached tp this report. Date: ) () //3/ tJ~~ 0-, Signature .~ame: . Address: '/l _i \ \ I ~. "\ (' 1 ., t' , ::1 "l . I' i1iJ c' .?l~~,~~ene: ..-.: ",.,,' Shippensburg, PA 17257 (717) 532-7388 , . \.... jU ~~pacity: Personal Representative X Counsel for Personal Representative VL