HomeMy WebLinkAbout12-04-06
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FAMILY SETTLEMENT AGREEMENT ~;;~~ 1:- 1::;3~
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IN THE ESTATE OF LAREE C. FELIX. DECEASEQ32~ ~ (~~~
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AGREEMENT executed the day and year hereafter written by and betw;;n BENNiTT (j) ~~
H. FELIX, JR., Executor of the Estate of LAREE C. FELIX, deceased, and CAROL YN I.
SHRINER, DIANE L. ADAMS, JULIE A. FELIX, ALLEN L. FELIX, AND BENNETT H.
FELIX, JR., heirs and beneficiaries of the Estate of LAREE C. FELIX
WHEREAS, LAREE C. FELIX, late of West Pennsboro Township, Cumberland
County, Pennsylvania, died on February 25, 2006, having left a Last Will and Testament dated
December 20, 2002;
WHEREAS, on March 21, 2006, the Register of Wills in and for the County of
Cumberland, Commonwealth of Pennsylvania, did constitute and appoint BENNETT H.
FELIX, JR., as Executor of the Estate of LAREE C. FELIX in PA Estate Number 21-06-0250
and Cumberland County estate no. 2006-00250 upon the probating of the aforesaid Last Will and
Testament, and
WHEREAS, the Executor has proceeded with the administration of said Estate consisting
of assets in the amount of$18,853.75, less disbursements of principal of$12,841.10, less in kind
distributions totaling $1,125.00, leaving a principal balance on hand of $4,887.65, as set forth in
the First and Final Account, a true and correct copy is attached hereto and made part hereof as
Exhibit "A", and
WHEREAS, the only party in interest in said Estate are the above-named parties, and
WHEREAS, said parties in interest desire that the Executor shall not be required to file
an Account with the Orphan's Court of Cumberland County, Pennsylvania, and that the net
estate of the decedent shall be distributed without the necessity of filing a formal Account to
avoid the expense, delay and publicity of a formal accounting, but should instead be distributed
in accordance with the Executor's Proposed Schedule of Distribution, a true and correct copy of
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements
recited herein, the above-named heirs and beneficiaries of the Estate of LAREE C. FELIX does
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 BENNETT H. FELIX, JR.,
Executor for the Estate of LAREE C. FELIX, deceased, and Proposed Schedule of
Distribution relating thereto, both of which are attached hereto, and find them to be true and
correct, and acceptable to the parties hereto and each of them, 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 we do hereby agree that we do consent to
distribution being made without the filing of an Account and Schedule of Distribution, the
same 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 Common Pleas of Adams County, Pennsylvania.
3. The parties hereby remise, release, quitclaim and forever discharge the Estate
of LAREE C. FELIX, and BENNET H. FELIX, JR., Executor, his 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 Executor, estate, or assets thereof, touching or
concerning the Estate of the Decedent.
4. The parties hereto covenant and agree that they will contribute their share of
the Estate to satisfy all claims, debts, demands, suits or cause of action which may be
successfully brought against the Estate or the Executor after the execution of this Family
Settlement and Final Release.
5. The parties hereto hereby agree that they will at all times in the future and
wherever necessary, appropriate or convenient, made, execute and deliver to said Executor,
and/or to the other party or persons, any and all instruments, documents, conveyances,
deeds, releases or other instruments of any kind necessary or convenient to carry out the
intention of this Family Settlement and Final Release.
6. 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 Executor or any other person or party upon his behalf.
7. This Family Settlement and Final Release shall inure to the benefit and shall
bind the parties hereto, and each of them, their heirs, executors, administrators, successors
and assigns.
8. 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.
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BENNETT H. 'LIX, JR.,
Executor
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BENNETT H. FE , JR.,
Individually as heir and beneficiary
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ALLEN L. FELIX
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'LIE A. FELIX
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DIANE L. ADAMS
FIRST AND FINAL ACCOUNT OF
BENNETT H. FELIX.. JR... EXECUTOR OF THE
ESTATE OF LAREE C. FELIX.. Deceased
Date of Death: February 25,2006
Date of Executors' Appointment
March 21, 2006
Accounting for the Period of March 21, 2006 to September , 2006
Purpose of Account: BENNETT H FELIX, JR., Executor of the Estate of
LAREE C. FELIX, offers this Account to acquaint interested parties with the
transactions that have occurred during their administration of the Estate for the
accounting period indicated above. The Account also indicates the proposed
distribution of the Estate.
It is important that the Account be carefully examined. Request for
additional information or questions or objections can be discussed with:
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
EXHIBIT "A"
SUMMARY OF ACCOUNT
Principal- Total Assets $ 18,853.75
Less Disbursements of Principal (-) 12,841.10
Prior Distribution to Beneficiaries (-) .00
Less in Kind Distributions (-) 1,125.00
TOTAL Cash Available for Distribution
$ 4,887.65
RECEIPTS OF PRINCIPAL
REAL ESTATE
NONE
CASH and BANK ACCOUNTS
M&T Bank
Checking Account #374013418............................$10,494.03
M&T Bank
Savings Account #015004204128935....................$2,197.49
Adams County National Park
Certificate of Deposit #160315...............................$3,901.32
1992 Buick Sedan ........ .................. ...................... .......$1,125.00
Erie Insurance Car Insurance Refund ..............................$89.00
2005 Personal Income Tax Refund................................$745.00
Wachovia Visa Credit Balance Refund .............................$9.97
Presbyterian Homes Refund .......................................... $291.94
TOTAL ASSETS ACCOUNTED FOR:
$18,853.75
DISBURSEMENTS OF PRINCIPAL
DEBTS OF DECEDENT
Continuing Care RX................................................$ 24.00
Presbyterian Homes, Inc. (Nursing Care) ..............................$ 3,721.36
SUBTOTAL:
FUNERAL EXPENSES
$ 3,745.36
Egger Funeral Home..............................................................$ 5,583.13
Carlisle Memorial Service ........ .............................. ...............$ 384.20
SUBTOTAL:
ADMINISTRATION EXPENSES
$ 5,967.33
Attorneys fees to GRIFFIE & ASSOCIATES .......................$ 2,283.50
Probate Fees..... ..................... .............. ................ ...................$ 155.00
Account Fees........... ............ .................. ...............................$ 168.00
Advertising - The Sentinel..................................................$ 129.77
Advertising - Cumberland Law Joumal................................$ 75.00
SUBTOTAL:
PENNSYLVANIA INHERITANCE TAX
$ 2,811.27
Tax paid....................................................................................$ 317.14
Total net due
$ 317.14
TOTAL
$ 12,841.10
PRIOR DISTRIBUTIONS TO BENEFICIARIES
NONE
IN KIND DISTRIBUTIONS
1992 Buick Sedan valued
transferred to Carolyn I. Shriner
$1,125.00
Total
$1,125.00
INTEREST AND DIVIDENDS
Post Date-or-Death Interest Earned
NONE
Interest Earned on Estate Account
NONE
PROPOSED SCHEDULE OF DISTRIBUTION
Assets for Distribution
Cash on Hand.. ........................................................... ........ .....$4,887.65
TOTAL:
$ 4,887.65
In kind distribution plus cash on hand totals $6,012.65. Five equal distributions require
$1,202.53 to each beneficiary. In kind distribution of $1,125.00 creates lower cash distribution
to remaining beneficiaries.
Net Cash on Hand Distributed as Follows:
Bennett H. Felix, Jr. ...........................................................$
Allen L. Felix .....................................................................$
Julie A. Felix......................................................................$
Diane L Adams ........ ......... ........................................ .........$
Carolyn I. Shriner...... .............. .... ..... ......... ..... ............ ........$
1,221.92
1,221.92
1,221.92
1,221.92
1,221.92
TOTAL CASH DISBURSEMENT:
$ 4,887.65
EXHIBIT "B"