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Home My WebLink About11-28-06 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: ANITA L. DIVEN Date of Death: February 5, 2005 File Number: 2005-01033 Pursuant to Pa. O.c. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: I. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. III Yes D No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . ., D Yes 1ZI No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... IZIYes DNo d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Ll_ StJ~C,~ Signature of Person Filing this Form /..r) . Date N~~mber 20: 2006 ('-./ Capacity: DPersonal Representative lZICounsel C::) c-...J David P. Perkins, Esquire Name of Person Filing this Form ~:;-: 0""') u 4 James Circle Address r--'_J Shippensburg, P A 17257 (717) 532-6629 Telephone FormRW-/1J rev. /IJ./3.06 en ESTATE OF ANITA L. DIVEN, deceased, late of Shippensburg Borough, Cumberland County, Pennsylvania, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE NUMBER: 2005-01033 PA FILE NUMBER: 21-05-01033 F AMIL Y SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF ANITA L. DIVEN. DECEASED THIS AGREEMENT executed this 1st day of November, 2006 BY AND BETWEEN TONIA L. FASNACHT, ADMINISTRATRIX OF THE ESTATE OF ANITA L. DIVEN, DECEASED, AND MICHELE R. FRITZ, MICHAEL C. DIVEN, THOMAS L. DIVEN, TONIA L. FASNACHT, AND PATRICK C. DIVEN, HEIRS AND BENEFICIARIES OF THE ESTATE OF ANITA L. DIVEN, DECEASED. WHEREAS, Anita L. Diven, late ofthe Borough of Shippensburg, Cumberland County, Pennsylvania, died intestate on February 5, 2005, and WHEREAS, on November 28, 2005, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint Tonia L. Fasnacht as Administratrix of the Estate of Anita L. Diven, deceased in Estate Number 2005-01033, PA File Number 21-05-01033, and WHEREAS, the Administratrix has proceeded with the administration of said Estate consisting of the assets in the amount of $ 2,239.24, and liabilities in the amount of $ 5,138.00, leaving no balance available for distribution to beneficiaries, as set forth in the First and Final Account, a true and correct copy of which is attached hereto and made a part hereof as Exhibit "A," and WHEREAS, the only parties in interest in said Estate of Anita L. Diven are the above named parties, and WHEREAS, said parties in interest desire that the Administratrix of the Estate of Anita L. Diven shall not be required t?,fiJ~- aformal accOU,ut for purposes of confirmation by the Orphan's Court Division of the Court .,'6( iC()m(l100 Ple51s.A\l't0Cumberland County Pennsylvania, and that in order to avoid the expense, delay ~nd' pubn~ftY'Of a formal account, the net estate should instead -, 1 be distributed in accordance with th'e A'dmIriistratrix's Proposed Schedule of Distribution, a true and correct copy of which ~ ~~7c~~~ heSElJo a~<;I ~9.ge a part of hereof as Exhibit "B." _.! _J 1.,J .,.... ....... ',.1 J. ;" ..1 '~. '-' Q) NUWIHEKEFUKE, In consIderation ofthe mutual promises, covenants and agreements recited herein, the above heirs and beneficiaries of the Estate of Anita L. Diven, deceased, do hereby mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of Tonia L. Fasnacht, Administratrix for the Estate of Anita L. Diven, Deceased, and the Proposed Schedule of Distribution relating thereto, and find them to be true and correct and acceptable to the parties hereto, and further that each of them has received a copy of this Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. The parties hereto hereby agree that in order to avoid the expense, delay and publicity involved in the filing of a Formal Account and Schedule of Distribution, no accounting to the Court is necessary and they do hereby agree that they do consent to distribution being made without the filing of a formal Account and Schedule of Distribution with the Court, the attached First and Final Account of Tonia L. Fasnacht, Administratrix for the Estate of Anita L. Diven, Deceased, and the Proposed Schedule of Distribution relating thereto, to be with the same force and effect as if they had been filed and confirmed by the Orphan's Court Division of the Court of the Common Pleas of Cumberland County, Pennsylvania. 3. Each of the parties hereto do hereby acknowledge that they have had the opportunity to have this Family Settlement and Final Release, the First and Final Account of Tonia L. Fasnacht, Administratrix, and the Proposed Schedule of Distribution reviewed by independent legal counsel of their choice and that they are freely and voluntarily executing this Family Settlement and Final Release intending to be legally bound. 4. The parties hereto hereby remise, release, quitclaim and forever discharge the Estate of Anita L. Diven, deceased, Tonia L. Fasnacht, Admimistratrix, and David Patrick Perkins, Esquire, attorney for the estate, and their heirs, executors, administrators and assigns, from all manner of acts, suits, claims, accountings, debts, and demands whatsoever which we or any of us or our legal representatives or assigns may at any time hereafter have against said Estate, Administratrix, and attorney for the estate, their estates or assets thereof, relating to or concerning the Estate of the Decedent, Anita L. Diven. 5. The parties hereto hereby covenant and agree that they will contribute their share of the Estate to satisfy all claims, debts, demands, suits, or causes of action which may be successfully brought against the Estate, the Administratrix, or the attorney for the estate, after the execution of this Family Settlement and Final Release. 6. The parties hereto agree that they will at all times in the future and wherever necessary, appropriate and convenient, make, execute and deliver to said Administratrix and/or to the other party or person, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention ofthis Family Settlement and Final Release. 7. This Family Settlement and Final Release constitutes the entire understanding among the parties hereto, 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 prior hereto by the Administratrix, the attorney for the estate, or any other person or party acting upon their behalf. 8. This Family Settlement and Final Release shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. 9. This Family Settlement and Final Release shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. s;}s -- AU: O~ !f!i~~~ ~ --bh=mJ~ /L/~~~ ~~.JY ~~~!~ .. /'" ~~L Thomas L. Diven WJ 0: ~ .....-.--:--:- 'j -1 , )~ ~(;J- Tonia L. Fasnacht ~l~~ 4~ c L7~ Patrick c. Diven ADMINISTRATRIX'S ACCOUNT FIRST AND FINAL ACCOUNT OF TONIA L. FASNACHT, ADMINISTRATRIX FOR ESTATE OF ANITA L. DIVEN, DECEASED Date of Death: Date of Administratrix's Appointment: Dates of Advertisement of Letters: The News-Chronicle February 5, 2005 November 28, 2005 Cumberland County Law Journal February 10,2006, February 17,2006, February 24, 2006 February 17,2006, February 24, 2006, March 3, 2006 Accounting for the Period: November 28, 2005 to October 31, 2006 Purpose of Account: Tonia L. Fasnacht, Administratrix, offers this account to acquaint interested parties with the transactions that have occurred during her administration. The account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: David Patrick Perkins, Esquire Perkins Law Offices 4 James Circle Shippensburg, P A 17257-2165 Telephone: (717)532-6629 EXHIBIT A IN RE: ESTATE OF ANITA L. DIVEN Late of Shippensburg Borough, Cumberland County, Pennsylvania, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILE NUMBER: 2005-01033 PA FILE NUMBER: 21-05-01033 ORPHANS' COURT DIVISION SCHEDULE OF ASSETS M&T Bank Checking Account No. 97209392 M&T Bank - checking account interest M&T Bank - direct deposit rebate Nationwide Insurance - tenant's insurance premium refund Mutual of Omaha - refund Capital Blue Cross-medical insurance payment Capital Blue Cross-medical insurance payment Social Security- final check Less: Mutual of Omaha Ins. Premium - February 2005 M&T Bank service charge $ 175.89 1.08 2.00 43.00 6.50 5]9.63 395.94 1,1 ]3.00 $ 2,255.04 7.80 10.00 $ 2,239.24 David Patrick Perkins, Esquire Attorney at Law Attorney I.D. No. 34342 Address: Perkins Law Offices 4 James Circle Shippensburg, P A 17257 Telephone: (717) 532-6629 N KE: ESTATE OF ANiTA L. DIVEN IN THE COUKl Or CUMMON PLEA~ OF CUMBERLAND COUNTY, PENNSYLVANIA Late of Shippensburg Borough, Cumberland County, Pennsylvania, Deceased FILE NUMBER: 2005-01033 PA FILE NUMBER: 21-05-01033 ORPHANS' COURT DIVISION PROPOSED SCHEDULE OF DISTRIBUTION :::OSTS OF ADMINISTRATION: David P. Perkins, Esquire, Attorneys Fee $ 1,667.99 Postage - David P. Perkins 19.50 Tonia L. Fasnacht, Administratrix's Commission 250.00 Register of Wills, filing fee for letters of administration 59.00 David P. Perkins- reimbursement for filing fee paid to Register of Wills for inventory and Inheritance Tax 30.00 Cumberland Law Journal, advertisement of letters 75.00 The News-Chronicle Co., advertisement of letters 92.75 $ 2,194.24 FUNERAL AND BURIAL EXPENSES: Michele R. Fritz - reimbursement for funeral expense paid to Auer Memorial Home & Cremation Services, Inc. $ 45.00 EXHIBIT B MEDICAL/NURSING SERVICES PERFORMED WITHIN SIX MONTHS OF DEATH: Chambers burg Hospital - claim for $ 2,379.13 Cumberland Valley EMS - claim for $ 519.63 DISTRIBUTION TO BENEFICIARIES: Name Address Michele R. Fritz Michael C. Diven Thomas L. Diven Tonia L. Fasnacht Patrick C. Diven 3 Darrin Avenue 409 McCulloch Road 58 South Hollar Drive 105 Hollar Avenue P. O. Box 435 TOTAL DISTRIBUTION None None Newburg, P A 17240 Shippensburg, P A 17257 Shippensburg, PA 17257 Shippensburg, P A 17257 Shippensburg, PA 17257 None None None None None $ 2,239.24 David Patrick Perkins, Esquire Attorney at Law Attorney J.D. No. 34342 Address: Perkins Law Offices 4 James Circle Shippensburg, PA 17257 Telephone: (717) 532-6629 Tonia L. Fasnacht, Administratrix of the Estate of Anita L. Diven, deceased, hereby declares under oath (penalties of perjury) that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final 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; and that all taxes presently due from the estate have been paid. \ ~ i~c1J- Tonia L. Fasnacht, Administratrix Subscribed and sworn to by Tonia L. Fasnacht before me this '~ L day of November, 2006. 1&-~1l Y?JJLk~ COMMONWEALTH OF PENNSYLVANIA NotaIiaI Sea1 VICbia N. Pet1<lns. Notary PublIc ShIppensburg Boro. Cumbel1and Cot.tIty My CommIssion ExpIres Oct. 15. 2010 Member. Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this, the ~day of NdV{>J/Y)W/ ,2006, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared TONIA L. FASNACHT, 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 herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1ftc~1l i3~ Notary Public COMMONWEALTH OF PENNSYLVANIA NoIarIaJ Seal VICtoria N. Pertcins, Notary Public Shippensburg 8010, Cumbel1and County My Commission Expires Ocl 15,2010 Member, Pennsylvania Association of Notaries