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Home My WebLink About08-22-06 ESTATE OF CLARENCE A. GARDNER File No. 21-06-0179 FAMILY SETTLEMENT AGREEMENT d THIS AGREEMENT made this /.\ day of (Lt'-3't.'v.'"t' ,2006, BETWEEN: THOMAS LARRY GARDNER, Power of At~omey for NELLIE M, GARDNER, being the legatee under the Last Will and Testament of Clarence A. Gardner, late of South Newton Township, Cumberland County, Pennsylvania, AND THOMAS LARRY GARDNER, Administrator C.T,A. of the Estate of Clarence A. Gardner, deceased. WHEREAS, Clarence A. Gardner died April 23, 2004, testate, and under his Will left his estate to the party herein; and WHEREAS, Nellie M. Gardner was the named Executrix under the Last Will and Testament of Clarence A. Gardner, deceased; and WHEREAS, on February 21,2006, Nellie M. Gardner renounced her right to act. as Executrix of the Estate of Clarence A. Gardner, deceased; and WHEREAS, Letters of Administration, C.T.A. were granted to Thomas Larry Gardner on March 7, 2006, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Clarence A. Gardner have been liquidated or distributed and all his 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 ., Administrator, the said party hereto desires to waive the duty of the Administrator to WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 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 desires 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 party 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 her distributive share as therein shown, does bind herself to the said Distribution and Accounting as set forth and further mutually releases Thomas Larry Gardner, Administrator, from all claims and demands whatsoever arising out of settlement of the Estate of Clarence A. Gardner. The party hereto does further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, she does hereby covenant and agree with the aforesaid personal representative that she will contribute pro rata her 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 party has hereunto set her hand and seal the day and year first above written. WITNESS: ! I l / l~(" 1 _.._ -> I - 1:/ ~ 'I j. - f .,-,'{j l ) d., (..s.-' .'1' l....{ 'f .' Thomas Larry Gardner, Power of Attorney for Ne lie M. Gardner I -.- '\ i . .~/.'Ll~f~ WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this the / _~ day of I." '7, 2006, before me, the undersigned officer, personally appeared THOMAS LARRY GARDNER, who acknowledged himself to be the Power of Attorney for NELLIE M. GARDNER, a and that he as Power of Attorney, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of Nellie M. Gardner by himself as Power of Attorney. IN WITNESS WHEREOF, I hereunto set my hand and official seal. / ,/, I -~ j . / : \ (SEAL) NOtarranfear~" Linda K. Klein, Notary Public Shippensburg, PA Cumberland County M Commission ~~J!:~s ~~~!. 15, 2008 WEIGLE & ASSOCIATES. Pc. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division No. 21-06-0179 ___ ~._...._.~__w.~_ Estate of Clarence A. Gardner, Deceased Account Thomas Larry Gardner, Administrator Date of Death: 04/23/2004 Date of Executor's Appointment 03/07/2006 Date of First Advertisement of Letters: Accounting for the Period: 04/23/2004 to 07/20/2006 Purpose of Account: Thomas Larry Gardner, Administrator, offers this account to acquaint interested parties with the transactions that have occurred during this administration. 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 Attorney Identification No. 01624 Weigle & Associates, P .C. 126 East King Street Shippensburg, PA 17257 717/532-7388 GROSS ESTATE (Principal Receipts + Income Receipts) 87,036.22 SUMMARY OF ACCOUNT Estate of Clarence A. Gardner, Deceased For the period of April 23, 2004 throu~h Julv 20, 2006 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 Pa~e 1 2 2 2 2 3 4 0.00 6,768.10 347.00 0.00 0.00 750.00 3,500.00 Fiduciary Acquisition Value 87,036.22 0.00 87,036.22 11,365.10 75,671.12 0.00 75,671.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 04/23/2004 04/23/2004 04/23/2004 04/23/2004 04/23/2004 SCHEDULE A RECEIPTS OF PRINCIPAL Cash M & T Bank Savings Account #021000001219098 Accrued interest on above item through date of death 935.51 0.13 Total Cash Personal Propertv 1989 Chevrolet G20 Custom Van Total Personal Property Stocks I Listed 1.209.0000 shares PPG Industries, Inc. Total Stocks / Listed 1.100.00 74.571.12 Subsequent Principal Receipts 10.429.46 Contribution from Nellie M. Gardner, spouse - for payment of funeral expenses, family exemption, and adminlstrative costs and fees Total Subsequent Principal Receipts Total Receipts of Principal 1 Fiduciary Acquisition Value 935.64 1.100.00 74.571.12 10.429.46 87.036.22 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Funeral Expenses 05/06/2004 Fogelsanger-Bricker Funeral Home 6.768.10 Total Funeral Expenses 6.768.10 Administration Expenses 03/07/2006 Register of Wills, Cumberland County - Letters 257.00 of Administration and Short Certificates 04/20/2006 Register of Wills, Cumberland County - Letters 15.00 of Administration and Short Certificates 04/27/2006 Register of Wills, Cumberland County - filing 75.00 Family Settlement Agreement Total Miscellaneous Administrative Expenses 347.00 Fees 04/27/2006 Weigle & Associates, P.C. 750.00 Total Fees 750.00 Familv Exemption OS/23/2004 Nellie M. Gardner 3.500.00 Total Familv Exemption 3.500.00 TOTAL DISBURSEMENTS OF PRINCIPAL 11.365.10 2 Nellie M. Gardner 04/11/2006 04/11/2006 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 1989 Chevrolet G20 Custom Van 1.209.0000 shares PPG Industries, Inc. 1.100.00 74.571.12 TOTAL DISTRIBUTIONS TO BENEFICIARIES 3 75.671.12 75.671.12 SCHEDULE F CHANGES IN INVESTMENT HOLDINGS - PRINCIPAL # Units 1989 Chevrolet G20 Custom Van 04/23/2004 04/11/2006 PPG Industries, Inc. 04/23/2004 04/11/2006 inventoried distributed 1,209.0000 inventoried -1,209.0000 distributed 0.0000 Total 4 Cost 1,100.00 -1,100.00 0.00 74.571.12 -74,571.12 0.00 0.00 Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division No. 21-06-0179 Estate of Clarence A. Gardner, Deceased Affidavit Thomas Larry Gardner, Administrator, under the Last Will and Testament of Estate of Clarence A. Gardner, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her office; that the foregoing 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/her knowledge, there are no claims now outstanding against the estate; that all taxes presently due from the estate have been paid; and that more than four months have elapsed since the first complete advertisement of the granting of letters in this estate. dJ ;A "j~/' L" ,--- / "tv/ /j " ,/ ()l,l,'1L{~ ' i,/ ',Y--v'--~ /\"'L-~ Thomas Larry Gardner, Administrator Subscribed and sworn to tt before me this ~ day of (le'f.cwt , 200..L, I }') /" '-;(cJ, ( ~/t(~v- Notary Public Notaria eal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County M Commission E~ir~s Au ust 15, 2008