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Home My WebLink About10-30-06 BLACK AND DAVISON ATTORNEYS AT LAW 82 W QUEEN STREET CHAMBERSBURG, PA 17201 717.264.5194 V" II FAMILY SETTLEMENT AND FINAL RELEASE)" IN THE ESTATE OF THELMA L. MARTIN, DECEASED c, ) KNOW ALL MEN BY THESE PRESENTS that whereas Thelma L~ Martin, late of the Borough of Shippensburg, Cumberl~lld -, i County, Pennsylvania, died on October 1, 2005, test cit'e, . survived by the following heir, Robin Ann Mitchell ;~:'p.nd~,J """ ,-) WHEREAS, letters testamentary in the Estate 6f Thelma L. Martin, were issued by the Register of Wills of Franklin County on November 7, 2005, to Robin Ann Mitchell and Jay Lightfoot; and, WHEREAS, the assets, consisting of personal property, coming into the hands of the Co-Executors, and property and monies received since the date of death of said decedent, amount to $299,781.12 and the debts and expenses paid total $116,037.01, and the distributions of principal to the beneficiary total $168,315.88, leaving a balance for distribution in the amount of $15,428.23, all of which is more fully set forth in the Statement of Receipts and Disbursements of said Co-Executors, attached hereto. NOW, THEREFORE, I, Robin Ann Mitchell, do hereby acknowledge that I have had and received from Robin Ann Mitchell and Jay Lightfoot, Co-Executors as aforesaid, in full satisfaction and payment of all share or shares to which I am entitled from the Estate of Thelma L. Martin, deceased, the property and/or monies set forth in the Distributions of Principal to Beneficiaries and Proposed Distributions to Beneficiaries attached hereto and made a part hereof, AND I do hereby stipulate that, in order to avoid the expense and time involved in the filing of a formal Account and Schedule of Distribution, no Account is necessary and I do hereby agree that I do so consent to distribution being made without the filing of such Account and Schedule, with the same force and effect as if it had been filed and confirmed by the Court of Common Pleas of the 39th Judicial District, Pennsylvania, Franklin County Branch, Orphans' Court Division, THEREFORE, I do hereby remise, release, quitclaim and forever discharge the said Robin Ann Mitchell and Jay Lightfoot, Co-Executors as aforesaid, their heirs, executors, and administrators, of and from the said estate and of and I from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or of any other use, matter, cause, or thing whatsoever. I do further hereby agree to indemnify and hold harmless Robin Ann Mitchell and Jay Lightfoot, Co-Executors, and their heirs, personal representatives, successors, or assigns from and against any and all claims, losses, liabilities, and damages which they may suffer or to which they may be subjected by 1/ reason of their administration of the Estate of Thelma L. IMartin, deceased, and that in the event it should become necessary for Robin Ann Mitchell and Jay Lightfoot, Co-Executors, to pay any further expenses of or claims against the Estate, whether for taxes or otherwise, the Beneficiary shall be liable therefore, and she shall refund to the Co-Executors to the extent of distributions received, in pro rata shares, the amounts necessary to enable the Co-Executors to make such payments, and she shall further refund any portion of the distributions to which she is not properly entitled, even, if distributed through negligence. IN WITNiSS WHEREOF, IAhave hereunto set my hand and seal this ::Lj h. day of --\i-t.-bl~ , 2006. Witness: ~ ~~ ~~ ~~/- ........Ro In Ann Mi~ ( SEAL) v I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN On this, the r2~7t'- day of ()1~L_L__ , 2006, before me, the undersignea-orticer, pers~~11y-;ppeared Robin Ann Mitchell, 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. SS IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAl SEAl. MAlINDA E BOWERS Notary Publtc GRHNE TW'- FRANlCUN COUN'IY Mv CommIuion ExpIree AlJf 2',2010 To t My commlSSlon I maintain my -2- IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY BRANCH ORPHANS' COURT DIVISION NO. 21-05-0984 ESTATE OF THELMA L. MARTIN, DECEASED ACCOUNT OF Robin Ann Mitchell and Jay Lightfoot, Co-Executors Date of Death: October 1, 2005 Date of Executors' Appointment: November 7, 2005 Date of First Advertisement of Letters: November 16, 2005 October 1, 2005 to October 18, 2006 Accounting for the Period: Purpose of Account: Robin Ann Mitchell and Jay Lightfoot, CO-Executors, offer 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: Robert C. Schollaert Esq. Attorney Identification No. 10196 Black and Davison 82 West Queen Street Chambersburg, PA 17201 717/264-5194 SUMMARY OF ACCOUNT Estate of Thelma L. Martin, Deceased For Period of 10/01/2005 through 10/18/2006 Page Fiduciary Current Acquisition Value Value Proposed Distributions to Beneficiaries 15,428.23 15,428.23 --------------- --------------- --------------- --------------- PRINCIPAL Receipts: Per Inventory Filed This Account 1-2 296,537.22 0.00 Net Gain (or Loss) on Sales or Other Disposition --------------- 296,537.22 Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal and State Taxes Fees and Commissions Family Exemption 3-4 4 5-7 7 7 63,937.21 400.00 17,892.19 9,613.23 18,552.63 0.00 110,395.26 Balance before Distributions 186,141.96 Distributions to Beneficiaries 168,315.88 --------------- --------------- Principal Balance on Hand --------------- For Information: Investments Made Changes in Investment Holdings 17,826.08 INCOME Receipts: This Account 8-9 3,243.90 0.00 Net Gain (or Loss) on Sales or Other Disposition -----.---------- Less Disbursements 9-11 3,243.90 5,641.75 Balance Before Distribution Distributions to Beneficiaries --------------- Income Balance on Hand (2,397.85) 0.00 --------------- Investments Made Changes in Investment Holdings (2,397.85) COMBINED BALANCE ON HAND 15,428.23 --------------- --------------- 10/01/05 10/02/05 11/07/05 11/07/05 11/07/05 11/07/05 11/18/05 12/15/05 02/08/06 05/12/06 10/01/05 SCHEDULE A RECEIPTS OF PRINCIPAL CASH: M&T Bank checking account #67387411 - date of death value Accrued interest through date of death M&T Bank checking account #67387411 - Wachovia fund owed decedent at time of death M&T Bank checking account #67387411 - Thrift Financial owed decedent at time of death M&T Bank checking account #67387411 - Social Security owed decedent at time of death M&T Bank checking account #67387411 - American Equity Life Insurance Company annuity #108585 owed decedent at time of death Cash - in decedent's possession State Employees Retirement System - benefit due decedent at time of death Coins - found in residence Internal Revenue Service - 2005 personal income tax refund 3,636.15 0.56 1,055.22 67.99 1,092.00 1,575.46 22.00 37.34 94.43 363.00 -------------- PERSONAL PROPERTY: 2002 Ford Focus Wagon - date of death value as per Kelley Blue Book 6,730.00 Fiduciary Acquisition Value 7,944.15 10/01/05 Personal Property - as per appraisal 10/01/05 Kenny's Auction - personal property sale proceeds 2004 Ford Focus Sedan - date of death value as per Kelley Blue Book 10/01/05 02/09/06 Act II Consignment Shop _ proceeds from sale of clothing Gateway Gallery Auction - proceeds from sale of personal property Gateway Gallery Auction - proceeds from sale of personal property Act II Consignment Shop _ proceeds from sale of clothing Act II Consignment Shop _ proceeds from sale of clothing 02/21/06 03/07/06 04/10/06 06/08/06 REAL ESTATE/PA: 10/01/05 Real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, and having a street address of 711 Brenton Street - date of death value as per appraisal Real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, and having a street address of 453-455 East King Street _ sale price 10/01/05 5,720.00 923.00 9,325.00 247.16 23,011.25 13,484.00 1,676.65 476.01 -------------- 147,000.00 80,000.00 -------------- TOTAL RECEIPTS OF PRINCIPAL. . . . . . . . . . . . . . . -2- 61,593.07 227,000.00 296,537.22 -----.--------- -----.--------- 11/07/05 11/10/05 11/10/05 11/10/05 11/14/05 11/21/05 12/21/05 01/10/06 01/27/06 01/31/06 SCHEDULE C DISBURSEMENTS OF PRINCIPAL SCHEDULE C-1 DEBTS OF DECEDENT M&T Bank checking account #67387411 - checks written prior to death but presented for payment after death M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment Penelec - debt of decedent Sunoco credit account #5012-9132036 - debt of decedent First Commonwealth Bank - installment loan payment on 2004 Ford Focus Sedan M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment First Commonwealth Bank - payoff of installment loan on 2004 Ford Focus Sedan M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment Borough of Shippensburg _ final utilities due on 711 Brenton Street -3- 4,207.42 327.65 90.00 40.62 306.74 327.65 327.65 5,459.12 327.65 125.11 02/21/06 02/23/06 03/21/06 03/29/06 04/20/06 05/09/06 OS/22/06 06/21/06 06/22/06 06/12/06 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment 327.65 Diamond Pharmacy Service - debt of decedent 218.19 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment 327.65 Cumberland Valley Medical Services - debt of decedent 110.00 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment Rickart Collection Systems, Inc. - Chambers burg Imaging Assoc. account #H230446961/091205 - debt of decedent 327.65 54.00 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payment M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - principal payoff 327.65 327.65 50,377.16 TOTAL DEBTS OF DECEDENT. . ........... . . . . . . ...... ... . SCHEDULE C-2 FUNERAL EXPENSES Jay Lightfoot - reimbursement for grave opening 400.00 TOTAL FUNERAL EXPENSES.............................. -4- 63,937.21 400.00 11/29/05 11/30/05 12/14/05 02/21/06 02/21/06 02/23/06 02/23/06 03/06/06 03/07/06 03/07/06 04/10/06 04/10/06 04/10/06 04/13/06 SCHEDULE C-3 ADMINISTRATION EXPENSES M&T estate checking account #9840560974 - check charge John F. Kohler, Jr. - personal property appraisal fee Penelec Gateway Gallery Auction - packing for sale of personal property Gateway Gallery Auction - auctioneer's fee on sale of personal property Ausherman Brothers Real Estate - appraisal fee on 711 Brenton Street The Sentinel - legal notice Terry L. Shetter - dumpster usage and trash removal from 711 Brenton Street, Shippensburg, PA Gateway Gallery Auction - packing and organizing for sale of personal property Gateway Gallery Auction - auctioneer's fee on sale of personal property Borough of Shippensburg - utilities due on 711 Brenton Street Penelec Lisa Helm, Tax Collector _ 2006 County-Borough real estate taxes due on 711 Brenton Street Ausherman Brothers Real Estate - appraisal fee on 453-455 East King Street, -5- 9.12 85.00 100.00 2,235.00 4,602.25 275.00 208.00 750.00 472.50 2,696.80 132.20 368.10 564.74 450.00 05/12/06 06/12/06 06/15/06 06/15/06 06/15/06 07/10/06 07/07/06 07/10/06 07/31/06 08/01/06 08/29/06 08/29/06 08/29/06 Penelec 369.38 Jay Lightfoot - reimbursement for repair to roof on 455 East King Street $300.00; repair to spouting on 453 East King Street $200.00; and repair to steps at 453-455 East King Street $67.00 567.00 Black and Davison - administration expenses advanced 471.16 Black and Davison - reserve for closing costs 300.00 Cumberland County Register of Wills - PA Inheritance Tax Return filing fee Cumberland County Recorder of Deeds - transfer tax on sale of 453-455 East King Street Borough of Shippensburg _ utilities due on 711 Brenton Street 15.00 800.00 130.63 Trash removal regarding sale of 453-455 East King Street, Shippensburg, PA 500.00 Kenny's Auction - commision on sale of personal property Lisa Helm, Tax Collector _ 2006-2007 school real estate taxes due on 711 Brenton Street 323.05 1,339.76 ABCO Abstracting Co. of Cumberland County - current owner's search on 711 Brenton Street 52.00 Black and Davison - Deed of Distribution notary fee Cumberland County Recorder of Deeds - Deed of Distribution recording fee 7.00 41.50 -6- 09/08/06 06/15/06 06/20/06 06/20/06 Cumberland County Recorder of Deeds - Mortgage Satisfaction recording fee 27.00 TOTAL ADMINISTRATION EXPENSES....................... SCHEDULE C-4 FEDERAL AND STATE TAXES Cumberland County Register of Wills, Agent - Pennsylvania Inheritance Tax due with return 9,613.23 -------------- TOTAL FEDERAL AND STATE TAXES... . ........... . . ...... SCHEDULE C-5 FEES AND COMMISSIONS Black and Davison - attorney's fee 12,618.42 Jay Lightfoot - executor's fee 5,934.21 -------------- TOTAL FEES AND COMMISSIONS.......................... TOTAL DISBURSEMENTS OF PRINCIPAL.................... -7- 17,892.19 9,613.23 18,552.63 --------------- 110,395.26 --------------- --------------- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES As per Item 2 of decedent's Last Will and Testament: Robin Ann Mitchell 10/02/05 Personal property - 5,720.00 distribution in kind 01/10/06 2002 Ford Focus Wagon - 6,730.00 distribution in kind 01/10/06 2004 Ford Focus Sedan - 3,865.88 distribution in kind 08/29/06 Real estate lying and being 147,000.00 situate in the Borough of Shippensburg, Cumberland County, Shippensburg, and having a street address of 711 Brenton Street _ appraised value 10/02/06 Cash distribution 5,000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES. ..... SCHEDULE 8 RECEIPTS OF INCOME SCHEDULE 8-2 INTEREST M&T Bank checking account #67387411 10/05/05 11/04/05 11/07/05 0.05 0.31 0.02 -------------- M&T estate checking account #9840560974 12/07/05 01/06/06 0.23 0.15 -8- -------------- 168,315.88 --.------------ --.------------ 0.38 02/07/06 03/07/06 04/07/06 05/05/06 06/07/06 07/07/06 08/07/06 09/07/06 10/06/06 0.13 0.59 2.06 1. 91 2.13 1. 56 5.23 1. 96 1. 57 TOTAL INTEREST INCOME..................... SCHEDULE 8-3 OTHER INCOME Received from Janet Bard 11/07/05 12/15/05 01/09/06 03/27/06 04/10/06 05/12/06 06/08/06 07/07/06 200.00 200.00 200.00 400.00 200.00 200.00 200.00 200.00 Received from Brad A. Rasmussen and Kira L. Rasmussen 07/10/06 07/10/06 1,181.24 244.76 -------------- TOTAL OTHER INCOME........................ TOTAL RECEIPTS OF INCOME.................. SCHEDULE I DISBURSEMENTS OF INCOME 11/10/05 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment 284.88 -9- 17.52 17.90 --------------- --------------- 1,800.00 1,426.00 --.------------ 3,226.00 --------------- --------------- 3,243.90 --------------- -------------- 11/21/05 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment 305.46 12/21/05 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment 304.90 01/27/06 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment 300.95 01/31/06 Borough of Shippensburg _ utilities due on 453-455 East King Street M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment 232.26 02/21/06 330.01 03/21/06 287.32 03/29/06 Pennsylvania Department of Revenue - 2005 Fiduciary Income Tax Due 12.00 04/10/06 Borough of Shippensburg _ utilities due on 453-455 East King Street 227.61 04/10/06 Lisa Helm, Tax Collector _ 2006 County-Borough real estate taxes due on 453-455 East King Street 500.31 04/20/06 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment 325.79 OS/22/06 323.59 06/21/06 332.27 06/22/06 M&T Bank Home Equity Loan account #1403510 on 711 Brenton Street - interest payment 248.86 -10- 07/10/06 Borough of Shippensburg _ final utitlies paid at settlement on 453-455 King Street 296.72 07/10/06 Linda Helm, Tax Collector _ 2006-2007 school real estate taxes due on 453-455 King Street 1,186.89 07/10/06 Paid to Brad A. Rasmussen and Kira L. Rasmussen - prorata share of July rent received 141.93 TOTAL DISBURSEMENTS OF INCOME.................. 5,641.75 -------------- -------------- PROPOSED SCHEDULE OF DISTRIBUTIONS TO BENEFICIARIES As per Item 2 of decedent's Last Will and Testament: Robin Ann Mitchell Cash 15,428.23 TOTAL PROPOSED DISTRIBUTIONS TO BENEFICIARIES.................. ---.------------ 15,428.23 ---------------- ---------------- -11- COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS AFFIDAVIT Robin Ann Mitchell, Co-Executor under the Last Will and Testament of THELMA L. MARTIN, deceased, hereby declares under oath that she has fully and faithfully discharged the duties of 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 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. ~/ /c/~~. .~ Ro In Ann Mi~~co-Executor Subscribed and sworn to by Robin Ann Mitchell, Co-Executor before me this ;< 7t<. day , 2006. of I NOTARIAl SEAL MALINDA E BOWERS Notary PublIc GREENE 1WP, FRANICUN COUNIY My CommtuIon ExpIres,.", 21. 2010 -12- . COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS AFFIDAVIT Jay Lightfoot, Co-Executor under the Last Will and Testament of THELMA L. MARTIN, deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his 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 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. ~ ~~ Jcl tight ~ Co-Executor Subscribed and sworn to by Jay Lightfoot, Co-Executor this ;2b ~ day of , 2006. I NOTARIAl SEAl. ~EBOWERS No'OIV Pub//c: GIHNf 1WP. FfW.IcUN COUNIY - Commllllon ExJ*eI Ap 2', 2010 -13-