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Home My WebLink About12-19-05 (2) ESTATE OF DOROTHY R. HOLTRY File No. 21-05-0396 FAMIL Y SETTLEMENT AGREEMENT THIS AGREEMENT made this II~day of ~1~'~ BETWEEN: EDGAR J. HERSHEY and GERALD H. HERSHEY, being the ,2005, legatees under the Last Will and Testament of Dorothy R. Holtry, late of the Borough of :'--- .' Shippensburg, Cumberland County, Pennsylvania, ,---) ".,:"'l .", AND ~....:) " GERALD H. HERSHEY, Executor of the Estate under the Last Will and Testament of Dorothy R. Holtry, deceased, r<) 1:....,'1 WHEREAS, Dorothy R. Holtry died April 17, 2005, testate, and under her Will left her estate to the parties herein; and WHEREAS, Letters Testamentary were granted to Gerald H. Hershey on April 26,2005, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Dorothy R. Holtry 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 confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement Agreement be WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . \ 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ! , ~, / /\ I ._-~-' q, p' /I /7 f7/ / I-rj,c I/).--?/j ..~ "'l-/ ~e-?-~b-y(SEAL) Edgar 1. Hersl1ey / (SEAL) WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEAL TH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND t:t-. On this, the I LJ - day of f)~ , 2005, before me, the undersigned officer, personally appeared EDGAR 1. HERSHEY and GERALD H. HERSHEY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ )1 t ~ (SEAL) Notarial eal Unda K. Klein, Notary Public Shippensburg, PA Cumberland County Commission Ex ires Au ust 15, 2008 WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 EXECUTOR'S ACCOUNT FIRST AND FINAL ACCOUNT OF GERALD H. HERSHEY, EXECUTOR FOR ESTATE OF DOROTHY R. HOL TRY, DECEASED Date of Death: Date of Executor's Appointment: Dates of Advertisement of Letters: Cumberland Law Journal The News-Chronicle Accounting for the Period: April 17, 2005 April 26, 2005 May 13,20,27,2005 May 10,17,24,2005 April 26, 2005, to December 8, 2005 Purpose of Account: Gerald H. Hershey, 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 & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 SUMMARY OF ACCOUNT Estate of Dorothy R. Holtry, Deceased For the period of April 17. 2005 throuQh December 8. 2005 Proposed Distributions to Beneficiaries PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal and State Taxes Commissions Fees Family Exemption Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Investment Holdings INCOME Receipts This Account 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 For Information: Investments Made Changes in Investment Holdings COMBINED BALANCE ON HAND PaQe 7 1 2 3 3 3-4 4 4 5 6 Current Value 10,465.60 26,066.99 7,429.00 4,899.30 3,621.09 3,481.00 4,231.00 0.00 Fiduciary Acquisition Value 10,465.60 70,198.80 0.00 70,198.80 49,728.38 20,470.42 0.00 10,004.82 10,465.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,465.60 SCHEDULE A RECEIPTS OF PRINCIPAL 04/17/2005 Cash M & T Bank Checking Account #950963290 04/17/2005 Personal Property Personal Property - gross proceeds of public sale 07/16/05 04/17/2005 Real Estate Residence - 313 - 3131/2 East King Street, Borough of Shippensburg, Cumberland County, PA - gross proceeds of sale 8-24-05 06/07/2005 06/10/2005 06/30/2005 07/01/2005 07/27/2005 Subseauent Principal Receipts Comcast Cable - refund Sprint - refund Timmons Oil, Inc. - refund Commonwealth of Pennsylvania - rebate Monumental Life Insurance Company - proceeds of policy County Tax proration at real estate settlement Everett Cash Mutual Insurance - refund of homeowner's premium at cancellation 08/24/2005 11/10/2005 133.40 3.588.00 65.000.00 63.50 31.93 172.43 500.00 500.00 124.04 85.50 Total Receipts of Principal 1 Fiduciary Acquisition Value 133.40 3.588.00 65.000.00 1,477.40 70.198.80 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 04/17/2005 Gerald H. Hershey - balance owed at date of 19.417.00 death for debts paid for Wesley H. Holtry estate so that Dorothy R. Holtry could acquire real estate; and debts paid for Dorothy R. Holtry from 07/03/02 through date of death 04/17/2005 M & T Bank - Home Equity Line of Credit - paid 3.787.11 off at real estate settlement 08/25/05 05/03/2005 M & T Checking Account 1950963290 _ 128.58 checks clearing after date of death 07/16/2005 Gerald H. Hershey - reimbursement for 624.00 expenses paid on behalf of decedent from date of death through 07/16/05, including Borough of Shippensburg -133.00; Comcast Cable - 48.00; Penelec - 78.00; PPL Utilities - 316.00; and Sprint - 49.00 07/19/2005 Borough of Shippensburg - water, sewer, refuse 95.59 billing 07/19/2005 Everett Cash Mutual Insurance - homeowner's 112.50 premium 08/03/2005 Borough of Shippensburg - dumpster fee 208.00 08/03/2005 Penelec 26.35 08/24/2005 Real Estate Settlement Charges - notary fees _ 1.215.62 15.00; attorney's fees - 150.00; realty transfer tax - 650.00; 2005 county taxes - 383.12; overnight mailing - 17.50 08/24/2005 School Tax proration at real estate settlement 113.60 08/25/2005 Tim Chamberlin Heating Service - repair prior to 47.40 real estate settlement 08/30/2005 Penelec 14.21 09/01/2005 Borough of Shippensburg - final water, sewer, 260.43 refuse billing 09/16/2005 Penelec - final billing 16.60 Total Debts of Decedent 26.066.99 2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 07/19/2005 08/25/2005 11/09/2005 Funeral Expenses Eby Granite Works Fogelsanger-Bricker Funeral Home Eby Granite Works Total Funeral Expenses 250.00 6.610.00 569.00 7,429.00 Miscellaneous Administration Expenses 04/27/2005 Register of Wills, Cumberland County - Letters 128.00 Testamentary and Short Certificates 05/04/2005 Cumberland Law Journal - advertising Letters 75.00 Testamentary 06/13/2005 News Chronicle - advertising Letters 92.75 Testamentary 07/16/2005 Expenses of public sale 4,436.80 09/22/2005 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 10/31/2005 Register of Wills, Cumberland County - 45.00 additional probate fee 12/08/2005 Linda K. Klein - notary fee 13.00 12/08/2005 Register of Wills, Cumberland County - filing 75.00 Family Settlement Agreement 12/08/2005 Weigle & Associates, P.C. - reimbursement for 18.75 postage, xerox copies, and long distance telephone calls Total Miscellaneous Administrative Expenses 4.899.30 Taxes 09/22/2005 Register of Wills, Cumberland County - PA Inheritance Tax 3.621.09 3 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Total Taxes Commissions 09/22/2005 Gerald H. Hershey, Executor Total Commissions 09/22/2005 Fees Weigle & Associates, P.C. - attorney fee Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 4 3.481.00 4.231.00 3.621 .09 3.481.00 4.231.00 49.728.38 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL EdQar J. Hershev 09/22/2005 Partial Distribution - Cash 5.000.00 5.000.00 Gerald H. Hershev 04/21/2005 Partial Distribution - Cash - net proceeds of M & T Checking Account Partial Distribution - Cash 4.82 09/22/2005 5.000.00 5,004.82 TOTAL DISTRIBUTIONS TO BENEFICIARIES 10,004.82 5 # Units PRINCIPAL BALANCE ON HAND Description Cash Attorneys Trust Account Total Cash 6 Current Value 12/08/2005 or as Noted 10.465.60 10,465.60 10.465.60 Fiduciary Acquisition Value 10.465.60 10,465.60 10.465.60 PROPOSED DISTRIBUTIONS TO BENEFICIARIES TO: EdQar J. Hershev One-half of estate ($10,235.21) - less prior distribution of $5,000.00 TO: Gerald H. Hershev One-half of estate ($10,235.21) - less prior distributions of $5,004.82 Total 7 Current Value 12/08/2005 or as noted 5.235.21 5.235.21 5.230.39 5.230.39 10.465.60 Fiduciary Acquisition Value 5.235.21 5.235.21 5.230.39 5.230.39 10.465.60 GERALD H. HERSHEY, Executor of the Estate of Dorothy R. Holtry, 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 GERALD H. HERSHEY, before me this / '1 f::!:- day of &Q~..Ju-" , 2005. ~J )t, /{j~~ Notana ea . Unda K. Klein, Notary Public Shlppen~bu:g, PA Cumberland County M CommIssIon E~pires Au ust 15, 2008 WEIGLE & ASSOCIATES. PC - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397