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HomeMy WebLinkAbout04-24-06 IN RE: ESTATE OF HELEN M. SABLOSKY, DECEASED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : EST ATE #2005-00794 ESTATE SETTLEMENT AGREEMENT EST A TE OF HELEN M. SABLOSKY THIS AGREEMENT executed this JL day of March, 2006, by and between Friars of the Atonment, Missionary Oblates of Mary Immaculate, The Missionary Servants of The Most Holy Spirit and Sisters of Saint Casimir, beneficiaries of the Estate of Helen M. Sablosky and Margaret G. Magaro, Executrix of the Estate of Helen M. Sablosky. WITNESSETH: WHEREAS, Helen M. Sablosky died on August 18, 2005, having first made and published her Last Will and Testament dated July 31, 1997, wherein she named Margaret G. Magaro, Executrix. Letters Testamentary were issued by the Cumberland County Register of Wills on September 6,2005; and WHEREAS, the Executrix, represented by Leonard Tintner, Esquire, and Boswell, Tintner, Piccola & Alford, has proceeded with the administration of said estate, and has paid all proper bills and debts for the estate and has prepared an Inventory and a Pennsylvania Inheritance Tax Return, which documents have been filed with the Register of Wills of Cumberland County on November 9, 2005. ~ The Pennsylvania Inheritance Taxes were paid in full on Nrwember 9~ ~~ ~ OJ~ -0 (.,~,;1 (") ;:Q ~'O r- i-m N -;:-.", ..:::: :IJ - ~?: en?, - f-, "''''OG (-,O-n ....-....c ?-J :n '::-0 -l po 2005; and -0 :x Ct? c..n c...:> .'-::1 --1-' (J~ CO) ~U E!J c:) -n "-n c':; _ fTl . ,") ,-' .... ....~"f-_.\ Rl 'l.~ .-l' . ;. ..\ WHEREAS, the Executrix and the heirs have examined the income and expense statements for the estate pertinent to the estate assets, income earned and expense paid during the course of the administration; and WHEREAS, the Executrix has prepared an Informal First and Final Account, and that the net estate of the decedent shall be distributed pursuant to the Last Will and Testament of Helen M. Sablosky, which is as follows: Friars of the Atonment As per Item IV of Last Will and Testament 25 % of residue $13,055.04 Missionary Oblates of Mary Immaculate As per Item IV of Last Will and Testament 25% of residue $13,055.05 The Missionary Servants of the Most Holy Spirit As per Item IV of Last Will and Testament 25% of residue $13,055.05 Sisters of Saint Casimir As per Item IV of Last Will and Testament 25% of residue $13,055.05 NOW, THEREFORE, the parties hereto intending to be legally bound hereby, mutually agree, as follows: 1. Pennsylvania Inheritance Tax and Federal Estate Income Tax Return. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the Pennsylvania Inheritance Tax Return and the Schedule J Beneficiary form relating thereto, and finds them to be true and correct, and acceptable to the parties hereto and each of them, and further that they have received a copy of these documents. 2. Release and Discharge. The parties hereto do hereby release, remise and forever discharge the Estate of Helen M. Sablosky, the Executrix and the attorney for the Estate, of and from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or their legal representatives or assigns may at any time hereafter have, against the Executrix, the said Estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said Estate and/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. Distribution. The beneficiaries under the Last Will & Testament agree to distribution as follows: (a) Taxes. The Pennsylvania Inheritance Tax return was filed on November 9, 2005. (b) Creditors' claims. All claims of the creditors, as known to the Executrix has been paid. (c) Jointly Owned Property. There was no property held jointly. (d) Residuary distribution. Distribution to the residuary beneficiaries will be made, after payment of all debts, taxes, and bequests. 4. Personal Property. There was no personal property to be distributed. 5. Final agreements. This instrument is a full and final Family Settlement Agreement by and between the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded, and executed after a full and complete disclosure of the estate assets, the obligations, and the rights of the parties and of all the parties to, and each of them, agree to abide by these terms. 6. Requirement to execute documents. All of the parties to, 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 Executrix and to the other party or persons, 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/or to permit, assist and enable the Executrix to fulfill her duties with reference to the said estate and all of the assets and obligations. 7. Entire agreement. This Agreement constitutes the entire understanding among these parties to, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them previously by the Executrix or by any other person or party upon their behalf. 8. Heirs. This Agreement shall enure to the benefit of and shall be binding upon, these parties to, and each of them, their heirs, executors, administrators, successors and assigns. 9. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. :u:c~ 7J2(]/J~1-t;: fl. )nattuL M RG ET G. MAGARO EXECUTRIX 9. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. In the p~esence Ot") . . // ~~~ ' )-- ~ c .~ /' :u.,.~;Z' ;/e?,/ (d..:::z./ ( (.,,,/ ,;/ ..~fj~ FRANCISCAN FRIARS OF THE ATONEMENT -ORA YMOOR, BENEFICIARY 9. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. ....~-..; U'W}1 ) J. ;;} ~~ MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, BENEFICIAR Y 9. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respecti ve hands and seals the day and year first above written. In t':lY!sence of: A : Q/vl1 ~'--.J ,'I / U:S. ~;fbv~ci~~MISSIONARY OBLATES OF MARY IMMACULATE, INC., BENEFICIARY 9. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. I,I} ~he pr, e~f:, L /Lc.",-iJ/i/ ~ ~ t I ;/j~ Uutc..~.~ SISTER' ~ SAINT CASIMIR, BENEFICIARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION COMMONWEALTH OF PENNSYLVANIA EST A TE OF HELEN M. SABLOSKY LATE OF MIDDLESEX TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA FIRST AND INFORMAL ACCOUNT OF MARGARET G. MAGARO, EXECUTRIX Date of Death: August 18, 2005 Letters Granted: September 6, 2005 Advertisements: Cumberland Law Journal - September 16, 23 & 30, 2005 The Sentinel - September 8, 15 & 22,2005 Account Stated to: 3/26/2006 Estate No. 21-05-0794 Leonard Tintner, Esquire Boswell, Tintner, Piccola & Alford Post Office Box 741 Harrisburg, Pennsylvania 17108 717 -236-9377 Attorney for Estate of Helen M Sablosky COURT OF COMMON PLEAS OF CUMBERLAND ORPHANS' COURT DIVISION COMMONWEALTH OF PENNSYLVANIA ESTATE OF HELEN M. SABLOSKY LATE OF MIDDLESEX TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA FIRST AND INFORMAL ACCOUNT OF MARGARET G. MAGARO, EXECUTRIX SUMMARY AND INDEX PRINCIPAL Receipts (Total Gross Assets) Net Gain on Conversions Adjusted Balance Less Disbursements Balance Before Distribution Advanced Distribution to Beneficiaries TOTAL PRINCIPAL BALANCE REMAINING INCOME Recei pts Disbursements TOT AL INCOME BALANCE TOTAL PRINCIPAL & INCOME BALANCE REMAINING $96,375.43 527.11 $96,902.54 - 22,109.84 $74,792.70 -22.572.51 $52,220.19 0.00 0.00 0.00 $52,220.19 PRINCIPAL RECEIPTS Inventory as Filed (Total Gross Assets) $96,355.15 To Which is Added: 1/27/06 -MetLife Interest payment $ 20.28 TOTAL PRINCIPAL RECEIPTS $96,375.43 PRINCIPAL CONVERSIONS INTO CASH M&T Bank Savings Account #015004206015718 Inventoried: 1,792.54 Redeemed: 1,842.94 Joint Checking Account #10029192 Inventoried: Redeemed: 12,660.57 12,961.03 SovereiJ!n Bank Checking Account #0351080988 Inventoried: 4,392.10 Redeemed: 4,526.61 Certificate of Deposit #0465113009 Inventoried: 15,000.00 Redeemed: 15,017.08 Certificate of Deposit #0465113272 Inventoried: 16,200.00 Redeemed: 16,226.73 Certificate of Deposit #0465113728 Inventoried: 21,500.00 Redeemed: 21,529.09 TOTAL GAIN GAIN LOSS $19.24 300.46 134.51 17.08 26.73 29.09 $527.11 PRINCIP AL DISBURSEMENTS Schedule H (as filed) Schedule I (as filed) To which is added: 11/9/2005 - Cumberland County Register of Wills Inheritance Tax Payment 11/9/2005 - Cumberland County Register of Wills Filing fee for Inheritance Tax Return 1/26/2006 - Commonwealth of Pennsylvania State Retirement Board - reimbursement overpayment retirement payment 2/15/2006 - Commonwealth of Pennsylvania Department of Revenue - 2005 P A 40 return Boswell, Tintner, Piccola & Alford Photocopies, Postage Cumberland County Register of Wills Filing fee for Family Settlement Agreement TOT AL DISBURSEMENTS $22,089.84 17,316.59 332.10 4,188.05 30.00 111.10 42.00 50.00 20.00 .. + ADVANCE DISTRIBUTION TO BENEFICIARIES As Per Schedule G of Pennsylvania Inheritance Tax Return as Filed TOT AL DISTRIDUTION TO BENEFICIARIES $22,572.51 $22,572.51 .. INCOME RECEIPTS Interest Income 0.00 INCOME DISBURSEMENTS NONE 0.00 .... 40 .. PROPOSED SCHEDULE OF DISTRIBUTION TO BENEFICIARIES ACCOUNT STATED TO MARCH 23,,2006 Distribution of cash totaling $52,220.19 as follows: Friars of the Atonment As per Item IV of Last Will and Testament 25% of residue $13,055.04 Missionary Oblates of Mary Immaculate As per Item IV of Last Will and Testament 25 % of residue $13,055.05 The Missionary Servants of the Most Holy Spirit As per Item IV of Last Will and Testament 25 % of residue $13,055.05 Sisters of Saint Casimir As per Item IV of Last Will and Testament 25% of residue $13,055.05 IN RE: ESTATE OF HELEN M. SABLOSKY, DECEASED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : ESTATE #21-05-0794 ST A TUS REPORT UNDER RULE 6.12 Name of Decedent: HELEN M. SABLOSKY Date of Death: Will No. Social Security No. 161-32-4649 AUGUST 19. 2005 Register File No.21-05-0794 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---K- No 2. If the answer to #1 is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to #1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No--K- b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. d. o L:"_ Lf') 4 C) cr").. t-- 0..., P ~ate~PrilJ-~6 (I:: ~ ~ " a.. 0 <...) C~i C.:> ~) ~ (f) ;;":, o ..3' 0:: Z <.:.; LU N::l<r f;':: ~l 0: <-) :C u:,~ --.:" _ D- (lJ ~3 ~ 0:0:2: 1/..1 -..0 ~ Lt... g <-) ("-..J Did the personal representative state an account informally to the parties in interest? Yes ~ No Copies of receipts, releases, joinders and approvals of formal or information accounts may be filed with the Clerk of th. Orphans' Court and may be attached to th' port. Signature: Name. Address: Leonard Tintner, Esquire 315 North Front Street, Harrisburg, P A, Telephone: (717) 236-9377 Capacity: _Personal Representative --L Counsel (/];) 0Y ~..~