HomeMy WebLinkAbout07-20-79
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IN THE MATTER OF THE
ESTATE OF
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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FLORENCE M. RAFAEL,
Late of Mechanicsburg,
Cumberland County,
Pennsylvania
NO. 21-78-560
ORPHANS I COURT DIVISION
FAMILY SETTLEMENT AGREEMENT
AGREEMENT executed
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th1S / ,( J.' _ day of 'j\ J:.)(
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P. ALEXA, Executor of th~ Es-
1979, by and between JOSEPH
tate of FLORENCE M. RAFAEL, deceased, individually, and
GLADYS M. COMP and LEO H. EPPLEY, SR., heirs of the said
FLORENCE M. RAFAEL, deceased.
WITNESSETH:
WHEREAS, FLORENCE M. RAFAEL died testate on Octo-
ber 1, 1978, a resident of Mechanicsburg, Cumberland County,
Pennsylvania; and
~~EREAS, on October 10, 1978, JOSEPH P. ALEXA was
appointed Executor of said Estate by the Register of Wills
of Cumberland County, Pennsylvania; and
WHEREAS, the Executor has proceeded with the ad-
ministration of said Estate and has prepared his First and
Final Account and Schedule of Distribution. A true and cor-
rect copy thereof is attached hereto, made a part hereof,
and is included herein by reference; and
WHEREAS, the parties hereto desire that the Execu-
tor shall not be required to file said Account with the Or-
phans' Court of cumberland County, Pennsylvania, and that
the net Estate of the decedent shall be distributed without
the necessity of filing a formal Account.
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NOW THEREFORE, the parties hereto intending to be
legally bound hereby, mutually agree as follows:
1. The parties hereto, and each of them, agree
and acknowledge that they have fully and carefully
examined the First and Final Account of Joseph P. Alexa,
Executor of the Estate of Florence M. Rafael, deceased,
and Schedule of Distribution relating thereto, and find
them to be true and correct, and acceptable to the par-
ties hereto and each of them, and further that each of
them has received a copy of this Agreement and of the
said Account and Schedule of Distribution.
2. The parties hereto do hereby release, remise,
and forever discharge the Estate of Florence M. Rafael
and Joseph P. Alexa, Executor, of and from all manner
of acts, suits, claims, accounts, accountings, debts,
dues and demands whatsoever which they or any of them
or their legal representatives or assigns may at any
time hereafter have against the Executor, the said Es-
tate, or the assets thereof, from, for, touching or
concerning any of the assets and property of the said
Estate or any claim or interest thereto or therein,
and the administration, management, collection, sale
or distribution of any of the said assets and for or
on account of any money, interest, income, assets or
proceeds out of the same, from the time of the death of
the said decedent to and including the date of this
Agreement and release.
3. This instrument is a full and final Family
Settlement Agreement by and among the parties hereto,
both fiduciary and individual, all of the same having
been arrived at, concluded and executed after a full
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and complete disclosure of the assets of the said Es-
tate and the rights of the parties therein and thereto,
and all of the parties hereto, and each of them, agrees
to abide by the terms hereof.
4. The parties hereto, and each of them, agree
that they will at all times in the future and whenever
necessary, appropriate or convenient, make, execute and
deliver to the said Executor, or to the other parties,
any and all instruments, documents, conveyances, deeds,
releases or other instruments of any kind necessary or
convenient to carry out the intention of this Agreement
and to permit, assist and enable the Executor to ful-
fill his duties with reference to the said Estate and
all of the assets thereof.
5. This Agreement constitutes the entire under-
standing among the parties hereto, and each of them ac-
knowledge that no representations or statement of any
kind, written or oral, have been made to them or any of
them prior hereto by the Executor or by any other per-
son or party upon his behalf.
6. This Agreement shall enure to the benefit of
and shall be binding upon, the parties hereto, and
each of them, their heirs, executors, administrators,
successors, and assigns.
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IN WITNESS WHEREOF, the parties hereto have here-
unto set their respective hands and seals the day and year
first above written.
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COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF CUMBERLAND
On this, the {((ffL day of July, 1979, before me,
a Notary Public in and for the said State and County, person-
ally appeared JOSEPH P. ALEXA, known to me, or satisfactor-
i1y 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 offi-
cia1 seal.
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tary Pub11.c:,' "~\ ','/0,',' ;.~ .-
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COMMONWEALTH OF PENNSYLVANIA
.. SSe
COUNTY OF CUMBERLAND )
On this, the 1(!'..JJ.. day of July, 1979, before me,
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a Notary Public in and for the said State and County, person-
ally appeared GLADYS M. COMP, known to me, or satisfactor-
ily 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 offi-
cial seal.
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otary Public
My Co ission Expires on:
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( SEAL)
COMMON~VEALTH OF PENNSYLVANIA )
SSe
COUNTY OF CUMBERLAND
On this, the 14J~ day of July, 1979, before me,
a Notary Public in and for the said State and County, person-
ally appeared LEO H. EPPLEY, SR., known to me, or satis-
factorily 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 offi-
cial seal.
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IN THE MATTER OF THE
ESTATE OF
IN THE COURT OF COMMON PLEAS
OF CUMBE RLAND COUNTY,
) PENNSYLVANIA
FLORENCE M. RAFAEL,
Late of Mechanicsburg,
Cumberland County,
Pennsylvania
) ORPHANS' COURT DIVISION
NO. 21-78-560
PROPOSED SCHEDULE OF DISTRIBUTION
Balance for distribution as per First and Final
Account;
$14,032.44.
To: Gladys M. Comp" Sister, one-half of
Residue:
7,016.22.
To: Leo H. Eppley, Sr., Brother, one-half
of Residue:
7,016.22.
Total:
$14,032.44.
STATE.HENT OF REASONS
Under paragraph eight of her Last Will and Testa-
ment dated November 22, 1977, Decedent bequeathed the resi-
due of her Estate, in equal shares, to her sister, Gladys M.
Comp, and her brother, Leo Eppley, Sr.
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osep~~. Alexa, Esquir ,
Execu~ot for Florence M. Rafael
COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF CUMBERLAND
)
JOSEPH P. ALEXA, being duly sworn according to law,
deposes and says that he is the Executor of the Estate of
FLORENCE M. RAFAEL, deceased, of Mechanicsburg, Cumberland
County, Pennsylvania, and the Statement of Reasons for the
proposed distribution are true and correct.
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IN THE MATTER OF THE
ESTATE OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
FLORENCE M. RAFAEL,
Late of Mechanicsburg,
Cumberland County,
Pennsylvania
ORPHANS' COURT DIVISION
NO. 21-78-560
FIRST AND FINAL ACCOUNT OF
JOSEPH P. ALEXA, EXECUTOR OF THE
ESTATE OF FLORENCE M. RAFAEL, DECEASE!:?,
LATE OF MECHANICSBURG, PENNSYLVANIA
Date of death: October 1, 1978.
Letters granted: October 10, 1978.
Grant of Letters Advertised:
Cumberland Law Journal: November 3,
10, 1 7, 19 78 ;
The Evening Sentinel: October 30,
November 6, 13, 1978.
Account stated from October 1, 1978 to
July 12, 1979.
Debits
The Accountant charges himself with the following
principal of real and personal property:
1. Net proceeds from sale of real estate
at 304 South Filbert Street, Mechanics-
burg, Pennsylvania, on January 11, 1979: $44,698.17.
2. Household furnishings and personal ef-
fects per Inventory filed December 29,
1978: 4,463.00.
3. 1975 Pontiac Lemans Coupe, Title Number
A26999730: 2,150.00.
4. Balance of Checking Account #142-732072-4,
at Commonwealth National Bank, Mechanics-
burg, Pennsylvania, on October 20, 1978: 2,371.99.
5. 22 Shares Common Stock, Simmonds Preci-
sion Products, value October 1, 1978: 440.00.
6. 100 Shares Common Stock, Coastal Carib-
bean Oils & Minerals, value October 1, 1978: 587.50.
7. 100 Shares Common Stock, Penn Central Co.,
value October 1, 1978: 200.00.
8. 29 Shares Common Stock, General Tire and
Rubber Company, value on October 1, 1978: 835.56.
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9. 20 Shares Common Stock, Foremost McKes-
son, Inc., value on October 1, 1978:
10. Savings Account #35743 with Harris Sav-
ings and Loan Association, balance on
December 1, 1978:
11. Savings Certificate #1-09-110630 with
Harris Savings and Loan Association,
balance on December 8, 1978:
12. Savings Certificate #1-09-111817 with
Harris Savings and Loan Association,
balance on December 8, 1978:
13. Savings Account #2-357 with First Fede-
ral Savings and Loan Association, bal-
ance on December 8, 1978:
14. Savings Certificate No. B-2467 with the
Diocese of HarriSburg, balance on Janu-
ary 16,1978:
15. $25.00 U. S. Series E Bond #Q219630554E,
dated October 25, 1943, value on July
13, 1979:
16. $50.00 Traveler's Check:
Total Principal Debits:
$
443.75.
1,060. 76 .
1,784.00.
14,025.55.
5,975.88.
1,081.67.
73.77.
50.00.
$80,241.60.
The Accountant charges himself with the following
Income from Personal Property and Subsequent Receipts:
1. Refund, West Shore Country Club dues,
October 30, 1978:
2. Stella Alexa, reimbursement for credit
card charge, October 30, 1978:
3. Foremost McKesson Stock Dividend, Octo-
ber 30, 1978:
4. Refund, Seidle Memorial Hospital, Novem-
be r 6, 1978 :
5.\ Bell Telephone Company refund, December
8, 1978:
6. General Tire and Rubber Stock Dividend,
December 8, 1978:
7. Social Security Death Benefit, December 29,
1978 :
8. Simmonds Precision Products Stock Dividend,
December 7, 1978:
9. Erie Insurance, refund Automobile insurance,
December 29, 1978:
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$ 140.00.
58.00.
6.20.
401.25.
5.37.
10.88.
255.00.
1 . 32 .
137.00.
10. Erie Insurance, refund Homeowner's In-
surance, December 29, 1978:
11. Foremost McKesson Stock Dividend, Janu-
ary 11, 19 79 :
12. Andrea Hays, reimbursement for State In-
heritance Tax, January 16, 1979:
13. U. G. I., refund of credit balance in
account, February 1, 1979:
14. General Tire and Rubber, Stock Dividend,
r1arch 5, 1979:
15. Joseph Alexa, reimbursement for State In-
heritance Tax, March 15, 1979:
16. General Tire and Rubber, Stock Dividend,
March 19, 1979:
17. Erie Insurance, refund Homeowner's in-
surance, March 19, 1979:
18. Simmonds Precision Products, Stock Divi-
dend, April 3, 1979:
19. Foremost McKesson, Stock Dividend, May
2, 19 79 :
20. General Tire and Rubber, Stock Dividend,
June 19, 1979:
21. 1978 U. S. Federal Income Tax refund,
July 11, 1979:
22. Foremost McKesson, Stock Dividend, July
11, 1979:
23. Interest on Estate Savings Account Number
14-0040881-9, Commonwealth National Bank,
April 3, 1979 through July 12, 1979:
Total Income Debits:
Credits
$
12.00.
6.20.
118 . 65 .
31.94.
10.88.
577.02.
14 . 36 .
77.00.
1.32.
6.20.
10.88.
284 .43.
7.80.
249.72.
$2,423.42.
Administrative Expenses:
The Accountant claims credit for the following:
1. Register of Wills, filing fee, Letters
Testamentary, October 11, 1978:
2. Cumberland Law Journal, advertise Let-
ters, October 24, 1978:
3. James McGraw, appraisal of home, November
8, 1978:
4. Myers Funeral Home, November 10, 1978:
40.
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$
63.00.
6.00.
125.00.
2 , 316 . 38 .
5. Evening Sentinel, advertise Letters,
November 28, 1978:
6. Cumberland Law Journal, advertise Let-
ters, November 28, 1978:
7. Commonwealth National Bank, Inventory
safe deposit box, December 1, 1978:
8. Register of Wills, filing fee Inventory,
December 30, 1978:
9. Register of Wills, filing fee Debts and
Deductions, Short Certificate, January
5, 1979:
10. Commonwealth National Bank, safe deposit
box rental, February 1, 1979:
11. Register of Wills, certified copy of Will,
March 1, 1979:
12. Register of Wills, Short Certificates,
March 15, 1979:
13. Joseph P. Alexa, Executor's Commission:
Taxes:
14. Register of Wills, Pennsylvania Inheri-
tance Tax, December 29, 1978:
15. Internal Revenue Service, Federal Estate
Tax, March 12, 1979:
16. Register of Wills, Pennsylvania Inheri-
tance Tax, March 15, 1979:
17. Pennsylvania Department of Revenue,
1978 State Income Tax, May 18, 1979:
Other Debts:
18. U. G. I., November 9, 1978:
19. Pennsylvania Power and Light Company,
November 9, 1978:
20. Bell of Pennsylvania, November 9, 1978:
21. Borough of Mechanicsburg, sewer, Novem-
be r 13, 19 78 :
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22. West Shore Country Club, November 28,
1978 :
$
20.15.
23. Dr. Kenneth Quickel, December 5, 1978:
24. Hershey Medical Center, room differential,
December 5, 1978:
25. Hershey Medical Center, Oncology, Radio-
logy, December 5, 1978:
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0';.,\ .l.".10 t"l..,.. .!v
12.00.
5.00.
3.00.
9.00.
5.00.
12.50.
5.00.
4,219.06.
11,310.41.
29,209.21.
123.15.
39.13.
38.00.
45.11.
38.32.
17.60.
24.20.
56 . 00 .
180.00.
29.00.
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26. Mechanicsburg Water Company, December 5,
1978:
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27.U. G. I., December 5, 1978:
28. Erie Insurance, premium for Homeowner's
Policy, December 5, 1978:
29. U. G. I., December 5, 1978:
30. Pennsylvania Power & Light Company, De-
cember 5, 1978:
31. Fluorescent Supply Company, purchase light
fixture for home, December 19, 1978:
32. Pennsylvania Power & Light Company, Janu-
ary 16, 1979:
33. Mechanicsburg Water Company, January 16,
1979 :
Distributions:
34. Household furnishings and personal effects
per addendum to Will:
35. 1975 Pontiac Lemans Coupe, Title Number
A26999730, to Leo Eppley, Sr., per para-
graph 3 of Will, October 30, 1978:
36. To Joseph P. Alexa, per paragraph 4 of
Will:
22 Shares Simmonds Precision Products:
100 Shares Coastal Caribbean Oils and
Minerals, Ltd.:
29 Shares General Tire and Rubber Company:
20 Shares Foremost McKesson, Inc.:
100 Shares Penn Central Company:
37. Savings Certificate No. B-2467 with the
Diocese of Harrisburg to Saint Joseph's
Roman Catholic Church, per paragraph 1
of Will:
38. Bequest to Leo Eppley, Jr., per paragraph
7 of Will, March 15, 1979:
39. Bequest to Martha Ann Eppley, per para-
graph 7 of Will, March 15, 1979:
40. Reserved with Joseph P. Alexa for 1979
Income Tax:
Total Credits:
\)~~~ i05 1'~GE 403
19 . 27 .
76.00.
95.00.
76.00.
27.11.
100.70.
12.10.
13.70.
4,463.00.
2,150.00.
440.00.
587.50.
835.56.
443.75.
200.00.
1,081.67.
5,000.00.
5,000.00.
100.00.
$68,632.58.
RECAPITULATION
Less Total Credits:
$80,241.60.
2,423.42.
82,665.02.
68,632.58.
$14,032.44.
Total Principal Debits:
Total Income Debits:
Balance for Distribution:
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IP. Alexa, Esqu~re,,;
fpr Florence M. Ra1ae1
STATE OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
JOSEPH P. ALEXA, being duly sworn according to
law, deposes and says that he is the Executor of the Estate
of FLORENCE M. RAFAEL, and that the facts set forth in the
foregoing First and Final Account are true and correct, to
the best of his knowledge, information, and belief.
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Sworn to and subscribed
b, efore m~ this ~~ day
,r: .0 ~f" /p~ 1979.
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