HomeMy WebLinkAbout98-00129
LAST WILL AND TESTAMENT
OJ'
CHARLES H. WOODY, JR.
I, CHARLES H, WOODY, JR., Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby make, publish and declare this as and
for my Last Will and Testament, hereby revoking all other wills
and codicils heretofore made by me.
. FIRST
I direct the payment of my debts and the expenses of my
last illness and funeral from my estate as soon after my death as
conveniently may be done.
Further, in this connection, I authorize my personal
representative to expend funds from my e$tate, in such amount as
my personal representative shall consider necessary and desirable
~ for the purchase, erection and inscription of a suitable marker
for my grave.
SECOND
I give, devise and bequeath as follows:
A. to SHILOH MISSIONARY BAPTIST CHURCH'S FLOWER GllIDE
FUND, the sum of $300.00 and SHILOH MISSIONARY BAPTIST CHURCH,
the sum of $500.00;
B. to EBENEZER BAPTIST CHURCH of Williamsport, PA.,
the sum of $500.00:
EXHIBIT "A"
a
C. to AMERICAN CANCER SOCIET'l, the sum of $1,000.00;
D. to NEGRO COLLEGE FUND, the sum of $1,000.00,
E. to LENORA HAWKINS, the sum of $9/000,00 I
F. to MR. and MRS. HERMAN SPANGLER, or the survivor
thereof, the sum of $2,000.001
G. to BERTHA THOMPSON, the sum of $7,000.001
H. to BERTHA JENKINS, the sum of $1,000.00,
I. to SAMUEL DURHAM, the sum of $9,000.001
J. to JULIA D, BOGGS, the sum of $9,000,001
K. to DIEDRE FIELDS I the sum of $1,000,00,
.
All the rest, residue and remainder of my estate of
whatever nature and whoever situate to be divided among the
following in equal shares: MARJORIE BURKE, SALL'l ARCHER, DOROTH'l
STEPHENS" ETHEL LEWIS, JULIA BOGGS and JOHN C, LEWIS, (all of
Washington, D.C.); SAMUEL DURHAM, and LENORA HAWKINS of Carlisle,
PA.
THIRD
I nominate, constitute and appoint FARMERS TRUST
COMPAN'l, as Executor of this my Last will and Testament. I
relieve my personal repres~ntative from the necessity of posting
security in connection with its duties as such in any
jurisdiction in which it may be called upon to act insofar as I
am able by law to do so.
,
Johnson, Duffie, Stewart & Weidner
By: C, Roy Weidner, Jr,
I,D, No, 19530
301 Market Street
p, O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Dauphin Deposit Bank and Trust
Company, Trustee of a Trust Estate by Alyce D.
Woody
FINANCIAL TRUST SERVICES COMPANY
AND FARMERS TRUST, EXECUTOR OF THE
Estate of Charles H. Woody, Jr.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98-129 CIVIL TERM
v,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DAUPHIN DEPOSIT BANK AND TRUST
COMPANY, Trustee of a Trust Estate by Alyoo
D, Woody,
Defendant
GENERAL RELEASE OF ALL CLAIMS
~
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KNOW AI.l. MEN BY THESE PRESENTS, that FINANCIAL TRUST SERVICES COMPANY AND
. ,
FARMERS TRUST, EXECUTOR OF THE Estate of Charles H, Woody, Jr, (hereinafter for convenient
reference "Releasors", or "we", whether referring to one or more) for and In consideration of the payment made
by or on behalf of DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Trustee of a Trust Estate by Alyce D,
Woody, any Insurer, agents, representallves, employees, officers, directors, attorneys, predecessors, and
successors, and all and every person, firm or enllty who Is or may be liable on account of their actions,
(hereinafter for convenient reference "Releasees," whether referring to one or more) of SIX THOUSAND FIVE
HUNDRED DOLLARS ($6,500.00), the receipt and sufficiency of which Is hereby acknowledged, do for
ourselves, our heirs, executors, administrators, sucr.essors, Insurers, and assigns hereby remise, release, and
forever discharge completely and absolutely Releasees from any and all actions, causes of acllon, suits, suit
costs, claims, damages and demands of every kind, name or nature whatsoever, known or unknown, whether
In law or In equity, which we or anyone claiming through us In any way may have or will claim or could claim to
have against Releasees, Including, but not limited to, any and all claims, damages, losses, costs or Injuries
whatsoever based upon or In any way arising out of, related to or resulllng from or to result from a certain
incident which Is the subject of the above-captioned lawsuit, and any and all claims which we, our heirs,
successors, and assigns have made or could have made, whether accrued or not, whether known or
EXHIBIT "B"
unknown, whether anticipated or unanticipated and whether or not asserted In a suit now pending, This shall
Include claims of bad faith against any Insurer of Releasees.
We Intend that this release shall be complete and shall not be subject to any claim of mistake of fact, or
of law and that It expressos a full and complete setllement of liability denied by Releasees, and, reg,ardless of
the adequacy or Inadequacy of the amount paid, this release Is Intended to avoid these and future claims or
lawsuits against Releasees. The payment referred to herein Is In compromise of a doubtful and disputed claim
and such payment Is not to be construed as an admission of liability on behalf of Releasees or anyone on their
behalf. To the contrary, Releasees expressly deny any liability,
In further consideration of the above payment, Releasors will Indemnify and hold harmless
Releasees from llny and all liability arising from liens and subrogation claims, Releasors expressly
acknowledge that all obligations to satisfy such liens and claims are those of Releasors not Releasees,
We acknowledge that the payment made to us Is based upon our warranty that we have not otherwise
received any consideration for, nor have we released any person, firm or corporation from any claim or liability
for damages arising from or related to the claim which is the subject matter of this release, The payment made
to us Is based .upon our warranty that we have not assigned our claim, or any portion of our claim against
Releasees to any other person or organization or their heirs, executors, administrators, successors, Insurers
and assigns,
Releasors further certify, state, declare and acknowledge that they have had their own legal
representation throughout these proceedings In the person of Robert L. O'Brien, Esquire and have been
advised by him In all matters pertaining hereto and admit that no representations of fact or opinion have been
made by Releasees or anyone acting on their behalf to induce this compromise or payment or release. In
making this settlement, Releasors certify, state, declare and acknowledge that they have not relied on any
statements or representations by Releasees of either the extent of financial responsibility or extent of legal
responsibility of Releasees and that it is their Intention that this release be complete and shall cover all losses,
damages and Injuries Insofar as they relate to Releasees,
As further consideration for the amount paid by Releasors, we further agree that any suit filed by us, on
our behalf, 01' by us on behalf of any of our insurers shall be marked settled, discontinued and ended of record.
I
.- .
.
. PLAINTIFF'S
EXHIBIT
CONTINGENT FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that FARMERS TRUST COMPANY,
EXECUTOR OF THE ESTATE OF CHARLES H, WOODY, JR" does hereby retain
O'BRIEN, BARIC & SCHERER, Attorneys at Law, 17 West South Street, Carlisle, PA,
as attorney to negotiate for any adjustment or to institute any legal actions or
proceedings that in it's judgment is necessary in connection with a claim for damages
against ERIE INSURANCE or anyone else as a result of injuries or damages sustained
by CHARLES H, WOODY, JR. AND/OR THE ESTATE OF CHARLES H. WOODY, JR.
the 21 st day of JANUARY, 1997,
FARMERS TRUST COMPANY, EXECUTOR OF THE ESTATE OF
CHARLES H, WOODY, .IR. agrees not to settle or adjust the above claim, or any
proceedings based thereon, without the written consent of it's said attorney.
NOW, THEREFORE, in consideration of the services so to be rendered by said
attorney for his professional services THIRTY (30%) percent of whatever sum is
recovered as a result of settlement without suit: or FORTY (40%) percent in the event
suit is riled or trial is held: plus necessary expenses incurred in the event of any such
recovery,
AND NOW, this )II)( day of Ja)lVLC\.t.f ' 1997, the above
Contingent Fee Agreement has been read, approved and understood by FARMERS
TRUST COMPANY, EXECUTOR OF THE ESTATE OF CHARLES H. WOODY, JR.
and the receipt of a copy thereof acknowiedged, The terms set forth are agreeable,
Y~IV' -. . !ja,I"L/je/(t\~. (seal)
~RMERSTRUSTCOMPAN~
EXECUTOR OF THE ESTATE OF
CHARLES H. WOODY, J~
BY: :JAtJG: F GO.FKE I f-'Resl D~j.)r lC.eo
.
.
LAST WILL AND TESTAMENT
OF
CHARLES H. WOODY, JR.
~
I, CHARLES H, WOODY, JR" Cumberland County,
~ennsylvania, being of sound and disposinq mind, memory and
underBtanding, do hereby make, publish and declare this as and
for my Last Will and Testament, hereby revoking all other .wills
and codicils heretofore made by me.
FIRST
1 direct the payment of my debts and the expenses of my
last illness and funeral from my estate as soon after my death as
conveniently may be done.
Further, in this connection, I authorize my personal
representative to expend funds from my estate, in such amount as
my personal representative shall consider necessary and desirable
for the purchase, erection and inscription of a suitable marker
for my grave.
SECOND
I give, devise and bequeath as follows:
A. to SHILOH MISSIONARY BAPTIST CHURCH'S FLOWER GUIDE
FUND, the sum of $300.00 and SHILOH MISSIONARY BAPTIST CHURCH,
the sum of $500.00;
B, to EBENEZER BAPTIST CHURCH of Williamsport, PA.,
the sum of $500.00;
, I
C. to AMERICAN CANCER SOCIETY, the sum of $1,000.00;
D. to NEGRO COLLEGE FUND, the sum of $1,000.00;
E. to LENORA HAHKINS, the sum of $9,000.00;
F'. to MH. and MRS. HERMAN SPANGLER, or the survivor
thereof, the sum of $2,000.00;
G. to BERTHA 'I'HOMPSON, the sum of $7,000,00;
H. to BERTHA .:JENKINS, the sum of $1,000,00;
I. to SAMUEL DURHA~l , the sum of $9,000.00;
J. to JULIA D, BOGGS, the S\lm of $9,000.00;
K. to DIEDRE FIELDS, the sum of $1,000,00.
All the rest, residue and remainder of my estate of
whatever nature and whoever situate to be divided among the
following in equal shares: MARJORIE BURKE, SALLY ARCHER, DOROTHY
STEPHENS, ETHEL LEHIS, JULIA BOGGS and JOHN C. LEHIS, (all of
Hashington, D.C,); SAMUEL DURHAM; and LENORA HAHKINS of carlisle,
PA,
~ THIRD
I nominate, constitute and appoint FARMERS TRUST
COMPANY, as Executor of this my Last Hill and Testament, I
relieve my personal representative from the necessity of posting
security in connection with its duties as such in any
jurisdiction in which it may be called upon to act insofar as I
am able by law to do so,
5) Pursuant to the aforesaid Will, Dauphin was directed to hold the residuary
of Mrs, Woody's estate to and for the support and maintenance of her son, Charles H.
Woody, Jr,
6) Charles H, Woody, .Jr. was born April 27, 1942, Mr, Woody died on
JanLlary 21, 1997, He was 54 years of age at the time of his death,
7) Charles H. Woody, Jr, died in a fire at residential premises maintained
and managed by DaLlphin and located at 954 Forge Road, Soulh Middleton Township,
Carlisle, Pennsylvania 17013, The cause of death was smoke inhalation,
8) The property at 950 Forge Road had been owned by Alyce Woody and at
the time of Mr. Woody's death was part of the trust corpus being managed by Dauphin,
9) Mr. Woody died in the early morning hours of January 2", 1997, when an
electrical malfunction in the horne's wiring caused a fire to break out in the home.
10) Dauphin, as appointed Trustee, had a duty to ensure that the premises
they provided to Charles H. Woody, Jr. were safe for the purposes intended, The
Defendant breached this duty as follows:
A) The Defendant, Dauphin, failed to install smoke detectors through-
out the house, so as to alert Mr, Woody in the event that
a fire broke out in the home.
B) The Defendant, Dauphin, was in violation of a township
ordinance that required smoke detectors in single family
residences; said ordinance was enacted on September
24,1992.
C) The Defendant, Dauphin, breached Its duty to Mr,
Woody by its failure to install a fire suppression sprinkler
system throughout the home, so as to control and con-
tain any fire that occurred at the premises,
11) Dauphin knew and understood, at the time it accepted the Trust duties,
that Mr. Woody was a severely disabled man who was incapable of adequately caring
for himself end making informed decisions in regard to his care and safety,
12) Dauphin, because of this Knowledge of Mr, Woody's incapacity, had a
duty to act in a prudent manner so as to protect his health and safety, which it failed to
do.
13) As a result of the negligence and/or breach of duty by the Defendant,
Dauphin, the decedent Charles H. Woody, Jr. died. Immediately prior to and leading
up to the point of, his death Mr. Woody suffered greatly in the heat and smoke which
were consuming his residence
COUNT 1-WRONGFUL DEATH
14) The Plaintiff incorporates herein the allegations of paragraphs one
through thirteen. Mr, Woody had no statutory heirs pursuant to 42 PaC,SA 8301(b)
and the Plaintiff, as personal representative, is entitled to recover pursLlant to 42
PaC.S,A, 8301(d) damages for medical, funeral and expenses of administration
necessitated by reason of injuries causing death. Claim is made for the following
expenses:
A) Funeral expenses to Ewing Brothers $4,876.22
B) Administration expenses $3,204.40
WHEREFORE, the Plaintiff respectfully reqLlests that the Court render a
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lAST WILL AND TESTAMEm'
OF
ALYCE D. IIOODY
I, ALYCE D, WOODY, of South ~liddleton Township, Cumberland COtmty,
Pennsylvania, declare this to be my Last Will, and revoke any will or codicil
previously made by me.
ITEM I: I direct that all my just debts, f~eral expenses and
administration expenses, includIng my grave marker, shall be paid from the
of my estate as soon as practicable after my decease.
ITEM II: I devise and bequeath my household goods to my son, Charl€
H. Woody-;-.rr.-Any household goods not selected by my son, Charles H. Woody, .Jl
shall be added to and made a part of the residue of my estate.
ITEM III:
I make the following bequests:
a. To the American Cancer Society, the sum of Two Thousand Dollars
($2,000.00) .
b. To the American Ltmg Association of South Central Pennsylvania,
the sum of One lhousand Dollars ($1,000.00).
c. To the Ebenezer Baptist Church of Williamsport, Pennsylvania,
sum of Five Htmdred Dollars ($500.00).
d. To the Scholarship COl1l1littee of the Shiloh Baptist Church of
Carlisle, Pennsyl vimia, the slim of Three Htmdred Dollars ($300.00).
,
.
e.
to be granted
($1,000.00) .
To the Scholarship Fund of Howard University, Washington, D.C.,
to a deserving negro boy or girl, the sum of One 1110usand ~ol1ars
..
f. To my nephew, James D. Fields, the sum of Olle Thousand Dollars
($1,000.00) .
g. To my niece, Diedre Fields, the sum of One Thousand Dollars
($1,000.00) .
h.
To my brother, Albert W. Durham, the sum of Five Htmtlred Dollars
($500.00) .
i.. To my godchild, Judy R. Lewis, my bloodstone ring and the sum 0
One Hundred Dollars ($100.00).
j. To my son, Charles H. Woody, Jr., my engagement ring.
IWlIV:
wedding band.
I desire to be buried wearing my rhinestone pin and ~I
1.012
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ITEM V: I devise and bequeath the residue of my estate, of every
ature and wherever situate, to the Dauph:in Deposit Bank & Trust Company, ' ,
arrisburg, Pennsylvania, IN TRUST, to be held, administered and distributed in
accordance Ivi th the fo.l1O\ving provisions:
a. The Trus tee shall apply so much of the income and principal as
nay be necessary, in O1arles H. Woody Jr's. sole discretion, for the support an,
aintenance of my son, Charles H. Woody, Jr.
b. On the death of the said Charles H. Woody. Jr., the Trustee
shall distri.bute all accwnulated and tmdistributed principal and income, in equ
shares, to the American Cancer Society, the American Lung Association of South
Central Pennsylvania, and the Scholarship Ftmd of Howard Uni versi ty, Washington
D.C. !
1m! VI: I direct that all taxes that may be assessed in consequence t
of my death, of whatever nature and by whatever jurisdiction imposed, shall be ['
paid from my residuary estate as a part of the expense of the administration ofi
my estate.
rrm1 VII: I appoint Dauphin Deposit Bank & Trust Company Executor of
this, my Las t \ITll,
ITEM VI I I: 1 di rect that my Executor and Trustee, or their successors,
shall not be required to give bond for the faithful perfonnance of their duties
:in any j uris die tion.
fj.D-
IN IVITNESS !\HEREOF, I have heretmto set my hand this Zz. day of
February, 1985.
The preceding ins tnunen t, cons is ting of this and one other typelvri t ten
page, each identified by the signature of the Testatrix, Alyce D. Woody, was, 0
the day and date thereof, signed, published and declared by Alyce D. Woody, the
Testatrix therein named, as and for her Last Will, in the presence of us, who,
at her request, in her presence and in the presence of each other, have sub-
scribed our names as witnesses thereto.
1,:)13
Page 2 of 2 Pages
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