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Home My WebLink About11-27-06 JAN L. BROWN. ESQUIRE. JACQUELINE A. KELLY. ESQUIRE . ADMITTED IN PA AND DISTRICT OF COLUMBIA JAN L. BROWN & ASSOCIATES ATTORNEYS AND COUNSELORS AT LAW OlDE ENGLISH GAP 845 SIR THOMAS COURT SUITE 12 HARRISBURG. PA 17109 EMAIL: jlbassoc@verizon.net TELEPHONE (717) 541-5550 FACSIMILE (717) 541-9223 BRENDA F. KEPHART. LEGAL ASSISTANT PAULA K. WHITE, LEGAL ASSISTANT JUDITH A. EBERSOLE. ADMINISTRATIVE ASSISTANT November 24, 2006 Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Estate of Mary Kay Love File No. 2006-00683 Gentlemen or Ladies: Enclosed please find the Family Settlement Agreement for filing with the Register of Wills/Clerk of the Orphans' Court together with Check 1030 in the amount of $20 to cover the filing fee. Please time stamp and return our file copy of this document. A return envelope is provided. If you have any questions, feel free to contact this office. htk Enclosure Sincerely, I)" ~o ~da ~~/J~~ Brenda F. Kephart ~::: (I) 7'" . i..J c> () Legal ASSIstant ';::I 2 II ~") :0 . ~ :v :P r-> C::l c:::> a'" ~ C5 ....:: N -J -0 :-:.,~ ."," \ CO) . n> -~ -..it__ - .. CJ'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF MARY KAY LOVE, DECEASED FILE NO. 2006-00683 ~ = c:;>> m (") ,-- ~=~ :) "'0 - '! ;f~ 5 23~~ 1-'- :z:: c"') <.:: N --J FAMILY AGREEMENT AND FINAL RELEASE -0 .::-15 t- THIS AGREEMENT by and between MARY LYNNE LOVE, as Executri!{J ufthe Estate ...~ (J'1 \.0 of MARY KAY LOVE, Deceased and LYNDA KAY THILLY, SUSAN KAY LOVE and MARY LYNNE LOVE, as beneficiaries. WHEREAS, MARY KAY LOVE, late of East Pennsboro Township, Cumberland County, Pennsylvania, died testate on July 28, 2006, having first made her Last Will and Testament dated July 8,2002, which instrument was admitted to probate and is recorded in Cumberland County, Register of Wills, File No. 2006-00683; WHEREAS, MARY LYNNE LOVE has been duly appointed as Executrix of the Estate of Mary Kay Love, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Mary Kay Love, Deceased, are: 1. Lynda Kay Thilly, daughter 2. Susan Kay Love, daughter 3. Mary Lynne Love, daughter WHEREAS, LYNDA KAY THILLY, SUSAN KAY LOVE and MARY LYNNE LOVE are each entitled to one-third of the residuary estate; WHEREAS, each of the parties to this Agreement have been furnished with a complete Statement of Account as attached hereto and marked as Exhibit A; Page 1 of6 ~o r ,1 C"") (:_:~ r.~ :) 1 WHEREAS, it is the desire of the parties to this Agreement that administration of this estate be completed and 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; NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. MARY LYNNE LOVE, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her 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 Executrix, MARY LYNNE LOVE, her heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Mary Kay Love, Deceased. 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 distribution schedule. Page 2 of6 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 Executrix 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 Executrix after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 3 of6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this (~~day of November, 2006. WITNESS: ~L/l~1-ifl-l](2d ~c;tw, ~ M . L LOVE~ Executrix and Beneficiary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the / Jf day of November, 2006 before me, a Notary Public, the undersigned officer, personally appeared MARY LYNNE LOVE, 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. tPlluJcL (~ Notary Public NOTARIAL SEAl MUlA It WHITE, NOTARY PUBlIC UWtER PAXTON TWP., DAUPHIN COUNlY MY COMMISSION EXPIRES APRIL 5 2008 Page 4 of6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ct () day of November, 2006. WITNESS: g~fti ~rwJc- ~ L STATE OF MARYLAND COUNTYOF Balh vYlDVe-- SS: \C\~ :::>~ ~l.\3l\ On this the 2-ot'VI day of November, 2006 before me, a Notary Public, the undersigned officer, personally appeared LYNDA KAY THILL Y, 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. ,-: lI'J - ~ I' ' '"'/~ . ~ Not Public ~= My~~rft)h<-4' {3t UJCY'j Page 5 of6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this o,O-l:::.h day of November, 2006. WITNESS: ~~ SUSAN KAY LOVE, Beneficiary COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this the ~ day of November, 2006 before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY LOVE, 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. ~~ NOTARIAL SEAL SALLY B. McCOY, Notary Public East Pennsboro Twp., Cumber1and County My Commission Expires May 20,2007 Page 6 of6 ........ ............ STATEMENT OF ACCOUNT OF THE ESTATE OF MARY KAY LOVE Date of Death 7/28/2006 Personal Property (date of death value) 490 Fairway Dr, East Pennsboro Township 1 Household goods Wachovia Checking 1000950057568 Mary Kay Love Wachovia Trust 1519138236 Reimbursements and refunds Total Assets $229,000.00 $6,000.00 $2,806.27 $319,449.33 $3,103.55 $560,359.15 Income Earned 7/28/06 to 11/14/06 Interest Dividends Realized gain on sale of investments Total Income $2,533.96 $1,023.51 $2,452.80 $6,010.27 Expenses Funeral expense Legal fee; Jan L Brown Accountant fee; Parks & Company Administrative costs; real property Administrative costs; other Debts of decedent Tax: Inheritance -$2,507.04 -$18,160.00 -$500.00 -$24,488.54 -$2,837.13 -$10,776.16 -$23,353.04 Total Expenses -$82,621.91 Reserve for contingencies:Z -$12,747.51 Net Assets Available for Distribution $471,000.00 Accounting Period 7/28/06 to 11/14/06 Exhibit A, Page 1 DISTRIBUTION TO BENEFICIARIES PURSUANT TO WILL DATED JULY 8, 2002 Household goods to family members 1 $6,000.00 Lynda Kay Thilly, daughter One-third residuary estate Susan Kay Love, daughter One-third residuary estate Mary Lynne Love, daughter One-third residuary estate Total Distribution $155,000.00 $155,000.00 $155,000.00 5471,000.00 1 Upon mutual agreement, household goods were distributed to various family members but are not being considered as part of the residuary estate for purposes of distribution calculations. 2The reserve balance may increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary beneficiaries after payment of any additional obligations. After final distributions are made, the residuary beneficiaries agree to pay further liabilities of the decedent in the future. Accounting Period 7/28/06 to 11/14/06 Exhibit A, Page 2