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Home My WebLink About07-27-06 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF BRUCE E. VOGELSONG, DECEASED FILE NO. 2006-00205 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between JACK VOGELSONG, as Executor of the Estate of BRUCE E. VOGELSONG, Deceased; and JACK VOGELSONG, CAROLE BOUSUM, and DAVID VOGELSONG, as beneficiaries. WHEREAS, BRUCE E. VOGELSONG, late of Cumberland County, Pennsylvania, died testate on July 5,2005, having first made his Last Will and Testament dated November 21, 1981, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2006-00205; WHEREAS, JACK VOGELSONG has been duly appointed as Executor of the Estate of Bruce E. Vogelsong, Deceased, and WHEREAS, the parties in interest are: 1. Jack Vogelsong, son 2. Carole Bousum, daughter 3. David Vogelsong, son WHEREAS, JACK VOGELSONG, CAROLE BOUSUM, and DAVID VOGELSONG are each entitled to one-third (113) of the residuary estate; WHEREAS, each of the parties to this Agreement have been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as attached hereto and marked as Exhibit A; I.,. ._~ ~ '" L' :... 1 ) WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. JACK VOGELSONG, Executor, does hereby state that he has fully and faithfully discharged the duties of his office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. He further states that all known claims against the Estate have been paid in full, and to the best of his knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executor, JACK VOGELSONG, his heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE, and JACQUELINE A. KELLY, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executor and Attorneys of the Estate of Bruce E. Vogelsong. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the Estate from creditors or claimants. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. 2 4. Each of the parties acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executor that should any liability come due to the estate of the said decedent after the signing of this Agreement, each 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 Executor after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal this l~~y of ~ ~l~ ,2006 WITNESS: . ([QWt-wlJW CI - I61t QWitr{Jss r eneficiary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the ~day of ::J lA~ ,2006 before me, a Notary Pnblic, the undersigned officer, personally appeare JACK VOGELSONG known to me/or satIsfactonly 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 official seal. ct~ II~ 3 ~THOF~ .. NOTARIAl SEAl ...ClIIUrfE A. KElll NOTARY flU8UO lOWER PAXTON TWP., DAUPHIN COUNlY MY COMMISSION EXPIRES DEC. 17, 2007 ~; WITNESS WHEREOF, I have herennto set my hand and seal this L1- day of ,2006. ITNESS: [wv.. CAROLE BODS . (/UA-'..(-~ STATEOFDEAZARE fA COUNTY OF.. Ci...W ~pd-f€- SS: On this the I ~y 0 2006 before me, a Notary Public, the undersigned officer, personally appeared AROLE BOUSUM known to me/or satisfactorily 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 official seal. 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this L!i- day of ,2006. lary COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUn-l b~A\.Q(\d. SS: On this the ~ day of \" () ~ ' 2006 before me, a Notary Public, the undersigned officer, personally appea (j DAVID VOGELSONG known to me/or satIsfactonly 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 official seal. cY3 41<10.- IJZ(1 e.f''LLf~ Notary Public '1"\';\i';!A 5 ESTATE OF BRUCE E. VOGELSONG . DATE OF DEATH JULY 5, 2005 SUMMARY STATEMENT OF ACCOUNT Assets - Schedule A $ 7,483.56 Income/Investments - Schedule B $ 19.13 Disbursements - Schedule C $ (4,341.26) Assets Available for Distribution $ 3,161.43 Distributions to Beneficiary - Schedule D $ 3,161.43 7/12/2006 ESTATE OF BRUCE E. VOGELSONG DATE OF DEATH JULY 5, 2005 ASSETS SCHEDULE A DESCRIPTION CASH Citizens Bank Checking Account 610072-7912 Citizens Bank Savings Account 6140-272688 OTHER Carlisle Regional Medical Center; refund 7/12/2006 VALUE AT DATE OF DEATH $ $ 6,044.11 527.45 $ 912.00 $ 7,483.56 ESTATE OF BRUCE E. VOGELSONG INCOME SCHEDULE B DESCRIPTION Interest Income Citizens Bank Checking 610072-7912 Citizens Bank Savings 6140272688 $ $ 19.08 0.05 $ 19.13 7/12/2006 ESTATE OF BRUCE E. VOGELSONG DISBURSEMENTS SCHEDULE C DESCRIPTION CATEGORY Malpezzi Funeral Home; funeral expenses Register of Wills; probate fees Register of Wills; Inventory and Inheritance Tax filing fees Register of Wills; Family Settlement Agreement filing fee Cumberland Law Journal; legal advertising Journal Publications; legal advertising Jan L Brown & Associates; legal fee Citizens Bank; maintenance fee from 7/8/05-2/28/06 Citizens Bank; estate check fee United Church of Christ Homes, Thornwald; medical Paul J. Creeden, D.P.M.; medical Smith Radiology, Inc.; medical Graham Medical Clinic, PC; medical Pharmerica; medical Three Springs Family Practice; medical Register of Wills, Agent; death taxes Funeral Adm Adm Adm Adm Adm Adm Adm Adm Debt Debt Debt Debt Debt Debt Tax 7/12/2006 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 459.50 108.00 30.00 20.00 75.00 97.00 1,500.00 228.00 30.07 1,011,76 20.00 9.21 32.01 492.93 68.78 159.00 $ 4,341.26 ESTATE OF BRUCE E. VOGELSONG DISTRIBUTIONS TO BENEFICIARY ACCORDING TO TERMS OF WILL DATED NOVEMBER 21,1981 SCHEDULE D Jack Vogelsong, son, 1/3 of residue Cash distribution on or after 8/1/06 Carole Bousum, daughter, 1/3 of residue Cash distribution on or after 8/1/06 David Vogelsong, son, 1/3 of residue Cash distribution on or after 8/1/06 7/12/2006 $ 1,053.81 $ 1,053.81 $ 1,053.81 $ 3,161.43