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Home My WebLink About04-10-06 (2) William E. Miller, Jr. Anthony E. Marrone LAW OFFICES OF MILLER & ASSOCIATES, PC 1822 MARKET STREET · CAMP Hill. PA 17011 TEL: (717) 737-9210. FAX: (717) 737-9215 7 April 2006 Direct Dial Number: Cumberland County Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Estate of Mary S. Graham, Deceased File Number 21-05-0431 Dear Sir/Madam: Enclosed herewith for filing an Estate Settlement Agreement and a Status Report Under Rule 6.12 for the above referenced estate. Our firm's escrow check in the amount of $20 as payment for the filing fee is also enclosed. Because the Executor for this estate is a California resident, he was required to post a bond as the Executor. The bond is scheduled to be renewed on April 27,2006. We would, therefore, appreciate a letter from you that we can provide to the insurance company stating that this Estate has been closed. I would appreciate you time-stamping the enclosed first page of the Estate Settlement Agreement and the Status Report and returning them to me in the envelope provided, along with a letter stating that the Estate is now officially closed.. Thank you for your assistance. 'J\~~6~~~~\,.. Michelle E. Miller ---------- /mem Enclosures cc: Hank A Graham, Executor 00 : \ Ii \ ., '..J 1 ;.. 9' t4\liC\Olc Cc:tLed P\.I/LLtL(il til-(. do }'Laf pro~dc Seed llccb. L /I'CJV IN THE MATTER OF THE ESTATE OF MARY S. GRAHAM, DECEASED IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-05-0431 ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT, made as of this 3~ day of ~ D \ 2006, WITNESSETH: THE CIRCUMSTANCES leading to the execution of this Agreement are as follows: 1. Mary S. Graham (the"Decedent") died testa.te on 8 March 2005 at 96 years of age, an unremarried widow, and Henry A. Graham, Jr., duly qualified with the Register of Wills of Cumberland County, Pennsylvania, as the Executor (the "Executor") of the Decedent's probate estate (the "Estate"). 2. Decedent's Last Will and Testament (the "Will"), which was admitted to probate, was executed by Decedent on 19 September 1980. 3. Article FIRST of the Decedent's Will provides for the distribution of the Decedent's tangible personal property, as follows: ,-.::J FIRST: I give my tangible personal property and all insurances thereon to my son, Henry A. Graham, Jr., or, if he does not survive me, to my issue who survive me, to be divided between or among them as they may agree, my Executor to represent any minor children in such division. In the absence of agreement, my Executor shall make such division as it deems appropriate, having due regard for the personal preferences of my children. My Executor may sell any such property allocated to a minor that it deems unsuitable for such minor's use, and C'J G may pay the proceeds to the minor or to the person maintaining said minor or may deposit said proceeds in the minor's name in a bank or savings institution of its choice, payable to the minor at majority. My Executor may distribute any such property allocated to a minor directly to the minor or to the person main- taining said minor. In the event I leave a signed memorandum with my Will or other valuable papers directing distribution of specific items of tangible personal property, I request my Exec- utrix or Executor effect distribution in accordance with said provisions. 4. Article SECOND of the Decedent's Will provided for distribution of the remainder of her estate as follows: SECOND: I give, devise and bequeath all the rest and remainder of my estate, real, personal and mixed, to my son, Henry A. Graham, Jr., or, if he does not survive me, to his issue per stirpes. 5. Henry A. Graham, Jr., is the Decedent's only living child and as such is the sole beneficiary of the Estate ("Beneficiary"). As the Beneficiary, he desires to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudi- cation of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"). 6. The Beneficiary desires to forever settle and compromise any and all claims and rights which he may possess, now or hereafter, in the Estate and to confirm his acceptance of the Informal Account (the "Account"), attached hereto as Exhibit "A" and incorporated herein by this reference, and the Schedule of Proposed Distribution (the "Schedule"), attached hereto as Exhibit "B" and incorporated herein by this reference. The -2- Beneficiary desires that the distributions to the Beneficiary, as set forth in Exhibit liB", be in full satisfaction of the rights of the Beneficiary in the Estate. NOW THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiary, for himself, and for his heirs, personal represenatives, successors and assigns: 1. Represents and warrants that he has read and understands this Agreement and confirms that the facts set forth above are true and correct, to the best of his knowledge, information and belief. 2. Declares that he has sufficient information to make an informed waiver of his right to a formal accounting with the Court, and does hereby waive the filing and auditing of the same. 3. Acknowledges that the distributive share or amount set forth on Schedule B shall be in full satisfaction of the Beneficiary's entitlements under the Will. 4. Agrees to refund, on demand, all or any part of any aforesaid distribution, which has been determined by the Executor, or by the Court, or by any court of competent jurisdiction, to have been improperly made. 5. Agrees to execute such other or additional documents as may be necessary to effectuate the agreements set forth herein. 6. Acknowledges that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 7. Consents to the Court exercising personal jurisdiction over the Beneficiary in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the Executor, who is also the sole Beneficiary, has placed his hand and seal on the attached Consent to Estate Settlement Agreement. -3- CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION \, HENRY A. GRAHAM, JR., hereby acknowledge receipt of the assets of the Estate of Mary S. Graham, and in my individual and fiduciary capacities, I hereby consent to and join in the Estate Settlement Agreement, including Exhibits A and B, which has been provided to me. WITNESS ~ 3 ~t C\ CkO-j tJt/~4~~> HENRY~.GRAHAM,JR. ' / STATE OF CALIFORNIA COUNTY OF SAN \) -:LEG-o 55. On this, the ~ d day of A-r vi I 2006, before me, the undersigned officer, personally appeared HENRY A. GRAHAM, JR., kneriv.rt to ffiO ~or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowl- edged that he executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. V1JAY RANA ~!r'-.;,~:'..'--'-.." Commission # 1603131 ! :;;: l~~- , . - - Notary Public - California ~ Z -I>> ., Z .~; ~ - San Diego County i:~: My Comm. expires Aug 28. 2009 +~. Notary Publ ic -4- EXHIBIT A INFORMAL ACCOUNT OF THE EXECUTOR Date of Death: March 8, 2005 Accounting for Period: March 8, 2005 through March 15, 2006 ESTATE OF MARY S. GRAHAM ASSETS AND EXPENSES ESTATE ASSETS: PNC Checking/Savings Accounts/CD The Vanguard Group - investment account PA State Bank - interest on account $ 143,632.04 10,355.51 175.38 TOTAL ESTATE ASSETS $154,155.51 EXPENSES PAID FROM THE ESTATE: Myers-Harner Funeral Home, Inc. Messiah Village Newspaper Notices Henry A. Graham, Jr. - reimburse expenses Henry A. Graham, Jr. - Partial distributions PA Department of Revenue - Inhertiance tax Register of Wills - inheritance ax return filing fee Miller & Associates, PC - legal fees $ 8,860.00 7,381.86 176.40 1,275.00 125,000.00 5,922.19 15.00 2.851.50 TOTAL EXPENSES PAID $151,481.95 AMOUNT TO BE DISTRIBUTED $ 2.680.98 EXHIBIT B SCHEDULE OF PROPOSED DISTRIBUTION BALANCE REMAINING IN ESCROW: Miller & Associates, PC Escrow Account PROPOSED DISTRIBUTIONS: Miller & Associates, PC - legal fees/out-of-pocket Cumberland County Register of Wills - filing fee PA Department of Revenue - 2005 personal income tax PA Department of Revenue - 2005 estate income tax Henry A. Graham, Jr. - final distribution TOTAL PROPOSED DISTRIBUTIONS FINAL BALANCE $ 2,680.98 $ 906.50 25.00 47.00 6.00 1.696.48 $ 2,680.98 $ 0.00