HomeMy WebLinkAbout96-00343
Esrarc of Ch<l r 1 ",; ,I. Ildq i 11
also known as
PETITION FOH PROHA TE and GHANT OF LETTEHS
No. ~ /- q(,. 3'/3
To:
Re~i~tcr of Wilh lor the
/Jc,'cascd. COUIllV 01 Cumb,' 1'1 <11111 in the
Social Sccuriry No. 0116-07 - 5 2]4 Commonwealth of Pennsylvama
The pelillon 01 the undersigned re~peetfully repre'ellls that:
Your petitloner(s-!, who iSl;llI~ 18 year~ oJ age or older an the e,\Celll or
in the last will of the above decedent, dated (l<' t oJ", r I] ,
and codicil(l'l dated .lull!' 16. 1'.1'.12
named
, I~!!..!L-
!\131C 1('11:\'3nl CIrCllm\lanCC\, e.)!'. rt'nunClallon. dcalh ul ('\('culm, etc.)
Deeendent was domiciled al death in ClIll1L" 1'1 d 11.;
his last family or principal residl:nce at ~ " ; '0:' r i rp
((Jnp('ll~ ^ 11,"n ':'n\oJfl':ll;:I:
11m metl. number and munclpaluy)
County, Pennsylvania. with
D,-ivp. r.lp(.h;lnic.!-;btll-c],
Deeendent, then 116 years of age, died M>r i 1 5.
at 2114 I'ox[i)'e Drive. Uppe)' AlIell 'I'oWIlGhip
Except as follows, d:cedent did not marry. was not divorced and did nut have a child born or adopted
after execulion of the will offered for probate: was not the vlcum 01 a killing and was never ad,iudicated
incompetent:
Decendent at death owned property with estimaled values as follows:
(If domiciled in Pa.l All personal propeny S
(If not domiciled in Pa.) Personal propeny in Pennsylvania S
(I f not domiciled in Pa,) Personal propeny in County S
Value of real estate in Pennsylvania S
situated as follows: 8821 ~lilx \~ilY, Ill-p; lli'J,;vi II". PA
. 19 'i6
33,000
30.000
18031
WHEREFORE. petitioner(s) respectfully request(s) the probate of the last will and eodieil(s)
presented herewith and the grant of leners 'I'es tilmen til ry
lteSlamenl:U)': admtmm.lllon c.I.a.: admlnlStrallon d.b.n.c.l.a.1
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH Of PENNSYLVANIA 1 ss
COUNTY Of ClIHIlERLt\NIl f
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The pelitioner(5) above.name~ swear(s) or affirm(s) that the slatements in the foregoing petition arc
true and correct to the be,1 of the knowledge and belief of petitioner(s) and that as personal represen-
talive(s) of the above decedent petitioner(s) will well and)~ltIY~~i~;sl~the estale according to law.
Sworn ,;0 or affir,med ,and SUbSC, ribed r / /"c....-(.....; " "(],,..,,- ' !!'
before me: this I :f', day of ~
I/~ ., 19.'LL- !!
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Estate of ehil r 1,',; .). I\ilq i n
. Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW AI'III J. 26. 19-.!!!l-, in considefation of the petilion on
the reverse side hefeof. satisfactory pfoof having been presented before me,
IT IS DECREED that the instrument(s) dater! october 13. 1 'lOB and ,June 1 G. 1992
described therein be admilled to pfobate and filed offecord as the last will of eha r1e5 J. l3aq in
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and Letters 'PeB t nlnPIl t- ill.Y
H"I'ert C. (3,"()l'n
arc hereby granted to ~ , " .
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Rep:utcr or Wilh
FEES
ShaUll I:, o"l'oole, 1'5q. #44797
AnORNEY (Sup. Cl. 1.0. No.1
Killian & Gephart
21B pine Street
ADDRESS
lIL.rrisburg, 1'1\ 17101
1717\ ?1?-lR<;1
PHONE
Probate. Lellers, Etc. .........
Short Certificates(S ) ,.... . . . . .
C.ODICIL. 18 EX P^C;"S
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S 115.00
S 15.00
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TOTAL _ S 199.50
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LETTERS AND ORIl~:RS SENT TO ATTORNEY APRIL 30. 1996
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CODICIL TO LAST WILL AND TESTAMENT OF
CHARLES J. BAGIN
I, CHARLES J. BAGIN, of Breinigsville, Pennsylvania, having
made my Last Will and Testament dated October 13, 1988, and being
of sound mind, memory and understanding desire to prepare a
Codicil to my said Last will and Testament regarding the
disposition of my property and do hereby make, publish and declare
this to be a Codicil to my will.
FIRST: I hereby revoke Paragraph FOURTH of my said Last will
and Testament dated October 13, 1988, and direct that Paragraph
FOURTH now provide as follows:
"FOURTH: All the rest, residue and remainder of my
estate whenever obtained, including property not otherwise
effectively disposed of in this will and property as to which I
have a power to appoint, hereinafter referred to as my residuary
estate, I give, devise and bequeath as follows:
1. To my spouse, HELEN M. BAGIN, if she shall survive
me.
2. If my spouse, HELEN M. BAGIN, shall not survive me,
then I make the following disposition of my estate:
A. To such of my grandchildren, and legally
adopted grandchildren, as shall survive me, I bequeath each the
sum of Five Thousand Dollars ($5,000.00).
1
B. To such of my great-grandchildren, as shall
survive me, I bequeath each the sum of One Thousand Dollars
($1,000.00) .
C. All of the rest, residue and remainder of my
estate, both real and personal, I give, devise and bequeath to my
children, HELEN (BAGIN) HENRY, MARILYN (BAGIN) JECHA and ROBERT C.
BAGIN, in equal shares, per stirpes and not per capita.
3. In the event that my spouse, HELEN M. BAGIN, shall
not be living at the time of my death and that no children of mine
shall survive me, then I give, devise and bequeath my residuary
estate to my grandchildren and legally adopted grandchildren, in
equal shares, per stirpes and not per capita."
SECOND: I hereby ratify and confirm my Last will and
Testament dated October 13, 1988, except in so far as any part
thereof is revoked or modified by this Codicil.
IN WITNESS WHEREOF, I have this 16th day of June, 1992, set my
hand and seal to this Codicil to my Last Will and Testament, which
Codicil is written upon five (5) sheets of paper, including the
Self-Proved ACknowledgment and Attestation pages which are
attached as the last two pages.
;'_/f .(
>; -;:V) ~ SEAL)
,
CHARLES J. BAGIN
On this 16th day of June, 1992, the undersigned being present,
saw CHARLES J. BAGIN subscribe to the foregoing instrument. At
the time of the subscription, CHARLES J. BAGIN stated to us, that
2
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
: 55.:
COUNTY OF LEHIGH )
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and
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, , the witnesses whose names are
signed to the attached or foregoing instrument, being duly
qualified according to law, do depose and say that they were
present and saw the Testator sign and execute the instrument as a
Codicil to the Last Will and Testament of Charles J. Bagin: that
he signed it willingly: and that he executed it as his free and
voluntary act for the purposes therein expressed: that each of us
in the hearing and sight of the Testator signed the Codicil as
witnesses and that to the best of our knowledge, the Testator was
at that time eighteen (18) or more years of age, or sound mind and
under no constraint or undue influence.
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to and subscribed before me by
'v~I'( (" viI) l) I," ~
th
, the witnesses, this 16 day of June,
SWORN OR AFFIRMED
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and
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Maria c. Mullane
1992.
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Witness
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Notary Public ,)
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1h~t$t 3l1qill Club ~r~tht1ttr1tt
OF
CHARLES J. BAGIN
I, CHARLES J. BAGIN, being of sound and disposing mind,
memory and understanding, do hereby make, publish and declare the
fOllowing as and to be my Last will and Testament, hereby revoking
all other former Wills and Codicils at any time heretofore made by
me.
FIRST: I direct my Executrix, hereinafter named, to pay
from my residuary estate the expenses of my last illness and all
funeral expenses, together with all estate, transfer, inheritance,
succession or other death taxes which may be payable under any law
of the United States, or of any state thereof, or of any other
governmental entity, upon or in respect of all property passing
under this Will, and all other property includable for any reason
as a part of my gross taxable estate for the purpose of the
computation of any such taxes. So that there may be no question
as to the time for the payment of any such death taxes, my
Executrix shall have the absolute power in her discretion to pay
the same at once, whether or not the law under which they are
imposed permits the postponement of all or part of the same to a
later time.
Pag" 1 of 14
SECOND: For the information of my Executrix, I declare
that all furniture, silverware, china, linens, bedding,
television, receivers, radios, electrical appliances and equipment
of all kinds and nature contained in my residence, are the joint
property of my spouse, HELEN M. BAGIN, and me. In consequence, I
make no disposition of any of the aforesaid items in this my
will.
THIRD: I give, devise and bequeath all automobiles
owned by me at the time of my death, together with all insurance
policies thereon, to my spouse, HELEN M. BAGIN, if she shall
survive me.
FOURTH: All the rest, residue and remainder of my
estate whenever obtained, including property not otherwise
effectively disposed of in this will and property as to which I
have a power to appoint, hereinafter referred to as my residuary
estate, I give, devise and bequeath as follows:
1. To my spouse, HELEN M. BAGIN, if she shall
survive me.
2. If my spouse, HELEN M. BAGIN, shall not
survive me, then I make the following disposition of my estate:
A. To such of my grandchildren, and legally
adopted grandchildren, as shall survive me, I bequeath each the
sum of Five Thousand Dollars ($5,000.00).
Pnl~C 2 of 14
B. All of the rest, residue and remainder
of my estate, both real and personal, I give, devise and bequeath
to my children, HELEN (BAGIN) HENRY, MARILYN (BAGIN) JECHA and
ROBERT C. BAGIN, in equal shares, per stirpes and not per capita.
J. In the event that my spouse, HELEN M. BAGIN,
shall not be living at the time of my death and that no children
of mine shall survive me, then I give, devise and bequeath my
residuary estate to my grandchildren and legally adopted
grandchildren, in equal shares, per stirpes and not per capita.
FIFTH: If under any of the foregoing provisions of this
my will the whole or any part of the principal of my estate shall
become distributable to a person who shall at the time be a minor,
my fiduciaries hereinafter named are hereby authorized, in their
absolute discretion, to hold such whole or part in a separate fund
for the benefit of such minor, to invest and reinvest the
principal of such fund in the manner hereinafter provided, to
collect and receive the income thereon, and to pay over or apply
the whole or any part of the net income or the whole or any part
of the principal thereof to the support, maintenance, benefit and
education of such minor, all without the interposition of a
guardian, and to accumulate any balance of such net income for the
benefit of such minor until he or she shall have actually attained
his or her eighteenth (18th) birthday, and thereupon my
fiduciaries shall pay over and distribute to such minor the
Pall" 3 of II,
remaining principal, if any, of such fund, together with
accumulated net income. Allor any part of such accumulations may
at any time, in the absolute discretion of my fiduciaries be paid
to or applied to the use of such minor. In the case of the death
of such minor before actually attaining his or her eighteenth
(18th) birthday, my fiduciaries shall thereupon pay over to the
estate of such minor the then remaining principal, if any, of such
fund, together with all accumulations of net income. Any such
accumulations of net income may be held uninvested by my
fiduciaries or may be invested or reinvested as hereinafter
provided.
In making any payment or application of income,
including income previously accumulated, or principal to or for
the benefit of such minor pursuant to the provisions of this my
will, my fiduciaries are authorized in their absolute discretion
to apply such income or principal for the benefit of such minor
directly, or to pay the same to such minor, or to the parent or
duly qualified guardian of such minor acting in any jurisdiction
or to any adult person with whom such minor may from time to time
reside, and the receipt by such minor, parent, guardian or adult
Page I. or 14
\
I
\
person or evidence of the application of such payment for the
benefit of such minor shall be a full discharge to my fiduciaries
for any payment so made.
The term "minor" as used herein shall mean any person
who shall not have attained his or her eighteenth (18th) birthday
at the time of my death, regardless of any statutory provisions or
court decisions to the contrary.
The authority as herein conferred upon my fiduciary to
withhold any part of the principal which shall vest in a minor
shall be construed as a power only and shall not operate to
suspend the absolute vesting in fee of title to any part thereof
in such minor.
SIXTH: I nominate, constitute and appoint my spouse,
HELEN M. BAGIN, to be the Executrix of this my Will. In the event
my spouse shall predecease me or shall fail to qualify, or having
qualified shall for any reason fail to complete the administration
of my estate, then in that event, I nominate, constitute and
appoint my son, ROBERT C. BAGIN, to be the Alternate Executor
hereof. I further nominate, constitute and appoint my son, ROBERT
C. BAGIN, to act as Trustee of any trusts created under this my
Will. Should my son, ROBERT C. BAGIN, fail to qualify, or having
qualified shall for any reason fail to complete the administration
of the said Trust{s), then in that event, I nominate, constitute
and appoint my daughter, MARILYN (BAGIN) JECHA, to act as Trustee
. .
Pngc 5 of II.
of any trusts created under this my will. No Executrix, Executor
or Trustee named herein shall be required to enter bond or furnish
sureties in any jurisdiction in which my estate or any trust
created hereunder may be administered.
SEVENTH: In addition to the foregoing powers and those
conferred by law, I hereby confer upon my fiduciaries the
following powers which are to be construed in the broadest manner
consistent with validity and with their duties as fiduciaries:
A. To retain any real and personal property which
may at any time form a part of my estate, including stock in any
corporate fiduciary, regardless of its character and whether it is
such as would be authorized by law for investment by fiduciaries
or whether it leaves a disproportionately large part of my estate
invested in one type of property. My fiduciaries may retain such
property for such time as they shall deem best, and dispose of
such property by sale, exchange or otherwise as and when they may
deem such action advisable.
B. To invest in any real or personal property
without any restriction to investments which may satisfy the
requirements of any statute relating to investments by fiduciaries
and without any requirement to diversify assets.
C. To subscribe for or to exercise options for
stocks, bonds or other investments, to join in any plan for lease,
mortgage, merger, consolidation, reorganization or voting trust,
l'o1gc 6 of 1[,
and to deposit securities thereunder; and generally to exercise
all the rights of security holders of any corporation.
D. To repair or improve or lease, for any period
of time, any real or personal property and to give options for
leases.
E. To sell at public or private sale for cash or
credit, with or without security, to change or to partition any
real or personal property and to give options for sales or
exchanges.
F. To borrow money from any person, including my
fiduciaries, and to mortgage or pledge any real or personal
property.
G. To compromise, settle or arbitrate any claim or
demand in favor of me or my estate or against me or my estate.
H. To make distribution in kind or in cash, or
partly in kind and partly in cash, and in such event to select and
allocate funds and property as in their sole discretion shall best
effect equality.
I. To exercise all powers, authority and
discretion given by this will after the termination of any estate
created hereby until the same is fully distributed.
J. To terminate any trust or trusts created herein
that my fiduciaries determine are not economically in the best
interest of any of the designated beneficiaries herein; to have
fJ;lg(~ 7 of )/1
the right to make such determination and have the further right
and power to pay over the entire balance of the trust or trusts
funds, including any accumulated but undistributed income, to the
parent or parents, natural guardian, or Court appointed guardian
of such beneficiary to be held by such person or persons in a
restricted savings account or restricted Certificate of Deposit or
other appropriate type of bank investment until such beneficiary
shall have attained his or her eighteenth (18th) birthday, or any
different age if so required by law. The receipt or release of
such parent, parents, natural guardian or Court appointed guardian
of such beneficiary shall be a sufficient receipt and release of
my fiduciaries should my fiduciaries so elect to accept such
receipt or release.
K. My fiduciaries shall not establish any sinking
fund to amortize the premium at which any investment or
reinvestment may be purchased, received or held.
L. I empower my fiduciaries to allocate all
receipts to principal or income or partly to each and further to
allocate all expenses of my estate to principal or income or
partly to principal or partly to income, without regard to
established rules of law or construction, as my fiduciaries in
their discretion deem appropriate; and the decision of my
fiduciaries in making such allocation of receipts and expenses
shall be binding on all persons interested in my estate.
('age 8 or 14
M. To determine whether to deduct administration
expenses and fees from the estate for Estate Tax purposes or from
the income of the estate for Income Tax purposes in order to
provide the greatest overall tax saving, and in making any such
election no adjustments shall be made or required either as
between income and principal, or in the amount of any bequest, and
the decision of my fiduciaries shall be binding on all persons
interested in my estate.
N. To elect for Federal Estate Tax purposes
whether to use the date of death values or the alternate valuation
date values in determining the Federal Estate Tax liability, and
such election shall be conclusive and binding on all persons
interested in my estate. This absolute discretionary power is
given to my Executrix for the express purpose of permitting her to
exercise sound business judgment in planning the ultimate tax
consequences and advantages both to my estate and to the
beneficiaries.
o. To join with my spouse, HELEN M. BAGIN, in the
filing of any Federal Income Tax returns for any year or years for
which I have not filed such return or returns prior to my death,
and to pay such ratable share or all of any taxes due thereon as
my fiduciaries shall deem proper. To consent to any gifts made by
my spouse, HELEN M. BAGIN, as being made half by me for the
purposes of the Federal Gift Tax Law and the exercise of such
Page 9 or 14
authority and power by my fiduciaries shall be final and
conclusively binding upon all persons interested in my estate. I
further authorize and empower my fiduciaries to agree with my
spouse, HELEN M. BAGIN, or her personal representative:
1. As to how the burden of the liability of
Federal Income Tax, or interest thereon, arising out of the filing
of a joint return by my fiduciaries and my spouse, HELEN M. BAGIN,
or her personal representatives, shall be borne as between my
estate and my spouse's, HELEN M. BAGIN, estate; and
2. As to who, as between my spouse, HELEN M.
BAGIN, or her estate and my estate shall be entitled:
(a) To any refund or credit of any Federal
Income Tax, or interest thereon, based on the filing of a joint
return by my spouse, HELEN M. BAGIN, and me or by my fiduciaries
and my spouse, HELEN M. BAGIN, or her personal representatives;
(b) To any refund or credit of any amount
paid on account of any joint declaration of estimated Federal
Income Tax filed by my spouse, HELEN M. BAGIN, and me and of the
interest of any such refund; and
(c) To the benefit of any payment made by my
spouse, HELEN M. BAGIN, or me on account of any joint or separate
declaration of estimated income tax.
Page 10 o( 14
My fiduciaries may exercise the foregoing
powers in such manner as they shall in their absolute and
uncontrolled discretion deem best, whether in the interest of my
spouse, HELEN M. BAGIN, or her estate or in the interest of my
estate.
EIGHTH: Any and all sums of money or other property
whether principal or income, payable to my beneficiaries shall be
paid to them free, clear and discharged of their debts, contracts
and engagements and without authority to assign and anticipate the
same, and the same shall not be liable to any levy, attachment,
execution or sequestration while in the possession of my fiduciary
and this immunity from attachment or alienation is to continue
until actual payment be made by my fiduciary to the beneficiaries
entitled thereto, hereby intending that such money or other
property shall be free from the debts and obligations of the
beneficiaries while in transit.
NINTH: If my spouse, HELEN M. BAGIN, and I should meet
our deaths simultaneously or under such circumstances as to render
it difficult or impossible to determine who predeceased the other,
I hereby declare that I shall be deemed to have survived my
spouse, HELEN M. BAGIN, and my spouse, HELEN M. BAGIN, shall be
deemed to have predeceased me, and that this will and all
provisions thereof shall be construed on that assumption and
basis.
Pilll" 11 or II,
Irv.IWlIl4.f.f1
COMMONWEALTH OF PENNSYLVANIA
DIPAIlTMINT Of RIVINUE
OffiCIAL RECIIPT . PENNSYLVANIA INHERITANCE AND ESTATE TAX
'*
o NO. AA 112789
RECEIVED FROM:
i
ACN
ASSESSMENT r:'I
CONTROL ...
NUMBER
AMOUNT
WOODROW J COLBERT
2tl9 N 23RD 5T
Ivl
'!ol,l/t:t.UV
CAMP HILL, PA
17011-3823
ESTATE INFORMATION,
~ fiLE NUMBER
~ 21-1996-0346
I!:t NAME OF DECEDENT (LAST)
II;iI LAMM ROLAND P
II DATE Of PAYMENT
1:1 POSTMARK TE
COUNTY
SSN 166-07-6861
(FIRST) (MI)
CUMBERLAND
DATE OF DEATH
m TOTAL AMOUNT PAID
SI,178.00
REMARKS
WOODROW J COLBERT
SEAL
I I.
, " / /' /
RECEIVED BY j'/", ( , ( " (, ".1 ,z,i "/f..
. / SIGN URf,
MARY C. LEWIS.,Li /';,bj
REGISTER OF WILLS _/j; .r'
REGISTER OF WILLS
.---
. _ -. --....JlI:I.~_ _ l-r .~:.
~ ", "
Notice has now been given to all persons entitled thereto under
Rule 5,6(a),
I
I
Date:
'5/13/'1'-
~..'-" t.. ory~
"1lignature
Name: Shaun E. O'Toole, Esq.
Address: Killian & Gephart
218 Pine Street
P. 0, Box 886
Harrisburg, PA 17108-0886
Telephone: (717) 232-1851
Capacity: _ Personal Representative
-Z- Counsel for Personal
Representative
~[Y 1$00 ". 11.9"
L~
21. If lint 18 it 9"ater than line 19, enl.r Ihe diH.rence on lint 21. Thil il th. TAX DUE.
A. Enl.r Ihe inter." on ,he balance due on line 21A.
B. Enl.r Ihe tala I of line 21 ond 2 t A on line 21 B. Thil il ,he BALANCE DUE.
Mak. Check Payable to: R.glat.r 01 Will., Ag.nt
,. ~,~ . l: SU~: TO :.;,,'0":' ALL OUESTlONS C:J RF.'lror~ SIr'""t1D TO REW':CK MATH .... olI(
Under penallill of pequry. I declare that I ho..,e e"omlned Ihil return. Including accompanYing Icnedulel ana lIalemenl1, ana to lne bill of my <<nawledge ana DI
it il true. corr.ct and compl,'e. I d.c1ore Ihat 011 "01 ellal. hal been reported at Irue maril:et \/alue. D.c1aralion of pr'parer oth.r than the penonal reprllentati
basad on 0 'formation of which repar.r hal any knowledge.
"';""U 0 "'ON~"ON IIIf filiNG ""U'N '00"" D.n I
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COMMONWEAltH 0' '[NNSYlYANIA
OlrAltlMfNt 0' ItfYfNUf
Of" 710001
HAItItISBUItG'A 1717'.0601
DtCID[NI', NAMt UAU.III)T. AP-tO MIDDU INI"A"
'01 DATIl 0' DIAIH AmR 12131191 CHICKHI
IF A SPOUSAL
'OVUlY CUDII II CLAIMID 0
'ILl HUMIU
INHERITANCE TAX RETURN
RESIDENT DECEDENT
(TO BE FILED IN DUPLICATE
WITH REGISTER OF WILLS)
IHI lIln,'.'1
COUNTY CODE
YEAR
HUMI
(lrelOHtl') COM'UTE ADOIIU
;' II.'. Fn::l f.... U:" !Vl'
:11'('11:111 f l"'~lll""" 1'/\ 170~).rl
COIIIl', CIIr'lhl'l" :111'
AMOUNT _(ClIYID IUIIN".UClIONil
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)O(IAl $leu lifT NUMIU
123-36-3252
(M-Cl,)-IJ()
DAllOIDfAtH
I" ."UCIo'IIIIUIYlYlNQ lI'OUu., ...._. 'LAU, "1"1.1010 MIOOlIIHJII&1I
,~
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[J 1. Original Relurn
o 4. limited elrot. 0 ola. fUlur. Int.rlll Compromise
(10' dol.. of d.olh oh., 12.12.821
G 6. Oec.dent Died Tlllate 0 7. Decedent Maintain.d 0 living TrUll
(A"och copy 01 WillI IA"och copy 01 T,ulIl
AU CORRESPONDENCE AND CONFIDENnAL TAX INFORMAnON SHOULD BE DIRECTED TO.
NAME COM'UTE MAIliNG AODUU
Sh;'lIl1 F. O'Tnoll' l:il i till1 l, (;llllhilrl, 21:: Pin,. Strf'flt
U:Ll'HONINUM'iir----- 1'.0. Bn:: HHh~ H;lrrl!.hlln', 1''\ I/llJH-WiBh
232-IH51 '
o 2. Suppl.mental R.turn
03.
05.
R'lft(Ii"d., Aefur"
(far datil of d.alh prior 10 12.U.
Fed.ral E,tole To.. A,'urn R'quire,
..::..: 8. Total Numb.r of Saf. Oepolit BOJl
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1. R.ol E,lol. (Sch.dul. Al II 1
2. Slock! o.d 80.dl ISchodul. 81 12 )
3. Clol.ly H.ld SlodclPon.."hip '.'.'.,'ISch.dul. q 13)
.. Mongog., o.d Nol., R.c.i.obl. (Sch.du'. 0) ( . 1
5. Calh, Bank Depolitl & Misc.llan.aul Penonol Prop.rty ( 5 )
ISch.dul. EI
6. Joi..ly Ow..d P,op.ny (Schodul. FI 161
7. T,o."." (Sch.dul. GIISch.du'. LI (7 )
8. Tofal Gran Aue'l (tolollin.. 1.7)
9. Fun.ral Exp.nlll. Administrative COstl. Miscellaneoul (9)
Exp..... (Schodul. H)
10. O.bl., Mongog. Liobilili.., Li..'ISchodul. II (10)
11. Tolol D.dudio", (10'01 Li... 9 & TO)
12. Net Value of Elfat. (line 8 minul Un. 111
13. Charitobl. and Go....rnm.ntal BequlIll (Schedule JI
IA. Ne. Valu. Subject 10 Tax (line 12 minullin. 131
15. Spoulol T,o."...(lo, do... of d.olh oh., 6.30.9.1
SH Inltrudionl for Applicable Percentage on R...,.ne (15)
Sid.. {I "dud. va lUll from Schedule K or Sch.dule M.t
16. Amount of L1n. ... laxabl, at O'7b rol. i i 6;
(Indud. valull from Schedule K or Schedule M.)
17. Amount of lint 14 taxabl. 01 15% rate (17)
('"dud. valull from Schedule K or Schedule M.I
18. Principal tox due (Add tax from lin.. 15. 16 and 17,)
19. Credits Spoulal Po....rty Credit Prior PaymenlS
+ 3.nOO.IlO +
I r; 7 f~q _
l:',oon.oo
16. 1'17. 'Ill
....,..,..
,
13,166.01
(8 )
(,::,197.9:\
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) 5, (,(l'i. 25
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(Il)
(121
(131
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X._a
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)( .15 II
Dilcaunt
Int.rlll
(18) :1. 150.76
(191 3,157.H'I
(20) 7. 13
20. If lint 19f, 9rlol.r ,han line 18. .nl.r Ihe diH.rlnce an line 20. Thi, il the OVERPAYMENT.
a [LJ.tI:m~II'U..I~'.l'II.'Il'.l~'I'I.lotll'I'...,..IITI":T:Ir.'I...,L.III..l.l.J.:.l:J..l..'.J,1
(211
(21AI
12181
Act #48 of 1994 provide I for the reduction of the talC ratel Impond on the net value of tranllen to or 10'
the ule of the Ipoule. The ,atel 01 prelcrlb.d by the statute will be:
e 3% (.03) will be applicable for eltatel of decedents dying on or alte, 7/1/94 and before 1/1/96
. 2% (.02) will b. applicable for eltatel of decedents dying on or aftor i /1/96 and b.lore 1/1/97
. 1% (.01) will b. applicable for eltatel of decedents dying an or aft.r 1/1/97 and b.fo,. 1/1198
e Spoulal tranlf.rl occurring on or after 1/1/98 will be 8lCempt from inheritance talC.
PLEASE ANSWER THE FOLLOWING QUESTIONS
BY PLACING A CHECK MARK Iv) IN THE APPROPRIATE BLOCKS.
YES NO
1. Did decedent make 0 transler and:
"
..
a. retain the use or income of the property transferred, .......................................................
b. retain the rig hI 10 designale who sholl use the property Iransferred or its income, ...............
x
}:
c. relain a reversionary inlerest; or ...................................................................................
:<
d. receive the promise for life of either poyments, benefits or care? .......................................
2. If death occurred on or before December 12. 1982, did decedent within two years preceding
death transfer property without receiving adequate consideralian? If death occurred after
I)A,,,mhAr 1 2, 1982, did decedent transfer property within one year of death without receiving
adequate consideralian?...... ...... ......... ....... ......... ....... ....." ..............,... .........",...,... ..........
v
..
x
3. Did decedent own on 'in trust far' bank accounl at his or her death?.....................................
x
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
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ma:
a: po. ~8
110" ".
, Morldlnn
PO Urll 1102
I~Mltlifl(J, PA HIfiOJ
. Meridian"
May 13, 1996
Ann Marie Bonawitz
Legal Assistant
218 Pine Street
P.O. Box 886
Harrisburg, P A 17108-0886
Re: Estate of: Charles J. Bagin
Date of Death: 04/05/96
Dear Mr. Bonawitz:
We received your letter dated May 06, 1996. Our records indicate the following
accounts and balances as of the date of death:
Account # Account Title
CK 14259619 Charles J. Bagin
Interest paid 01/01/95 to 04/05/96 $ 112.04
Date
Opened
07/20/88
Date
Closed
Princioal
$ 35713.71
Accr.
Int.
14.50
Should you have any questions. please contact Deborah Mengel at (610) 655-4212.
Sincerely,
I
1
'(tl"'~V: n_L :'I\Q."/'f}J
Deborah Mengel '
Compliance Specialist
dm
CK = Checking SV = Savings CD = Certificate of Deposit SO = Safe Deposit
"
!
i
--"""-,,,",,",,,,.,,...~
SCHEDULE I
DEBTS OF DECEDENT
MORTGAGES, AND LIENS
.................................................................
ESTATE OF CHARLES J. BAGIN
FILE NO: 1996-00343
.................................................................
ITEM
NUMBER
DESCRIPTION
AMOUNT
1. Robert C, Bagin - reimburse for purchase of
VCR and cushion
TOTAL
$ 180.74
1,901.81
100,00
11.23
66.10
52.00
106,66
85.72
15.00
$2,519.26
2. Messiah Village - home care
3. PA Neurological Association
- uninsured medical expense
4. Sears credit card balance
5. Killian & Gephart
- preparation of Power of Attorney
6. Family Eye Care - glasses
7. PP&L - final electric bill
8. Upper Macungie Twp, Tax Collector
- County & Twp, Tax
9. Eye exam not paid by Medicare
Inventory 01 the real and personal estate 01
Chilrll'n ~J. BilCl i 11
__ deceased
I'CrUOJlal }lcuidcflCq:
8821 ~lilX \~ay
Breinigsvillc, Pennsylvania 18031
$32
~:
Heridian Bank
Checking Account #14259619
35, 728.21
Re[unds:
GB Appliance Contract
State Farm Auto Insurance
AARP [or Hay premium
Petroleum Healing (budget refund)
Homeowners Insurance
PP&L
Bell Atlantic
Scars
'l'O'l'l\L
$36 197.98
COMMONWEALTH Or: PENNSYLVANIA
COUNTY Or: CUMBERLAND
u:
b.ing duly H\~orn according to law. d.po"l and .ay. that h. i!; Llle
_1:xeeu.U>J.:.------..---- 01 th. Elt.t. 01 ell"r],,'; ,), BiI'Iin
I.t. 01 _iU J.4..1't);; U U~, Ill' i ve,_Hl,~j1;!Ll.i e!;hu rl , Cumb.rland County. Pa., d.c....d and th.t tho
UpperJ\T ell '1'UItJIl~1l1p, '.
within is an inv.ntory mado by HoIH'I'L C. B""111 ,_ . tho said Lxe<.:utor
01 tho ontiro OItato 01 .aid docod.nl, consisting 01 all tho p.rsonal prop.rty .nd ro.1 OIloto, oxcopt roal OIt.tO oulsido
tho Commonw..lth 01 Ponn.ylvania, and th.t th. ligu,e. opposito eoch itom 01 tho Invontory r.prosont It's lair value
as of tho dato 01 decodent's de.th.
Hohert e. llil'l,in
.____m_
S\~orn
.nd .ub.cribod bolo,o me, 1
11l,l(6,~._'
. Eucutor . AJmlni."ator
HuiJL:l L c. UI,.,\j 1il
2114 Foxfire Drive
,
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b'C~;I~t~..., I
UW\. n1t1A~i &1?fI. (,Ii I?
NOT AFIIAL SEA
ANN MARIE BONAWITZ. No,",y Public
City 01 Hafllsburg, Dauptllll County
M1E~~'.!l~Sloni~~l~~:: ~10C, 9. 19-J9
i9 '/ t
~le<.:lIi1ni<':Bhur<J I 1'^ ] 7055
Addr."
Date of Oe.th
5
DIY
^rn' j 1
Month
1'J9G
Vu,
INSTRUCTIONS
I. An inventory must bo filed within three months .fter appointment of porson.1 representative.
2. A supploment inventory must be filed within thirty days of discovery of additional auots.
3. Additionalsheels m.y bo att.ched as to personalty or realty
4. Seo Article IV. FiduciariOl Act of 1949.
I
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CODICIL '1'0 LAS'I' WILL AND 'I'ES'I'hMEIlT OF
CHARLES J. DAGIIl
I, CHARLES J. BACIIl, of Breinigsville, pennsylvania, having
:nade :ny Last. .. ;nd :'est.:I:nent dated october '.J, 1988, and beinq
of sound mind, memory and understanding desire to prepare a
Codicil to my said Last Will and Testament regarding the
disposition of my property and do hereby make, publish and declare
this to be a Codicil to my will.
FIRST: I hereby revoke paragraph FOURTH of my said Last will
and Testament dated october 13, 1988, and direct that paragraph
FOURTH noW provide as followS:
"FOURTH: All the rest, residue and remainder of my
estate whenever obtained, including property not otherwise
effectively disposed of in this will and property as to which I
have a power to appoint, hereinafter referred to as my residuary
estate, I give, devise and bequeath as follows:
1. To my spouse, HELEN M. BACIN, if she shall survive
me.
2. If my spouse, HELEN M. BACIN, shall not survive me,
then I make the following disposition of my estate:
A. To such of my grandchildren, and legally
adopted grandchildren, as shall survive me, I bequeath each the
sum of Five Thousand Dollars ($5,000.00).
1
n. To such of my great-grandchildren, as shall
survive me, 1 bequeath each the Gum of One Thousand Dollars
($1,000.00) .
C. All of the rest, residue and remainder of my
'~state, bot~. '~1: 1nd personal. :: give. ievise 'Ind bequeath to my
children, HELEN (BAGIN) HENRY, MARILYN (BAGIN) JECHA and ROBERT C.
BAGIN, in equal shares, per stirpes and not per capita.
3. In the event that my spouse, HELEN M. BAGIN, shall
not be living at the time of my death and that no children of mine
shall survive me, then I give, devise and bequeath my residuary
estate to my grandchildren and legally adopted grandchildren, in
equal shares, per stirpes and not per capita."
SECOND: I hereby ratify and confirm my Last Will and
Testament dated October 13, 1988, except in so far as any part
thereof is revoked or modified by this Codicil.
IN WITNESS WHEREOF, I have this 16th day of June, 1992, set my
hand and seal to this codicil to my Last Will and Testament, which
Codicil is written upon five (5) sheets of paper, including the
Self-Proved ACknOWledgment and Attestation pages which are
attached as the last two pages.
r' {' ('
\_.~v't.Aj~v
CHARLES J. BAGIN
.1
v /..Ja<;;.vrt{-sEAL)
.:/
On this 16th day of June, 1992, the undersigned being present,
saw CHARLES J. BAGIN subscribe to the foregoing instrument. At
the time of the subscription, CHARLES J. BAGIN stated to us, that
2
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......
the foregoing instrument was the Codicil to his Last will and
Testament, and he requested us to sign the same as Witnesses.
Whereupon, we, in the presence of CHARLES J. BAGIN and in the
presence of ?'lC~ ~ther. ~ereby subscribe the same as Witnesses the
day and year above written.
WITNESS:
~JC
'.
ADDRESS:
1\.1 ; ;\ /'\ Q _ /
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(JM_Q r r-~tn'\ (/v\.-~
S910 lI~mllton Boulevard
Allpntnwn PA IB106
S'l10 Hamilton Boulevard
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SELF-PROVED ACKNOWELOGMEN'l'
COMMONWEALTH OF PENNSYLVANIA )
: SS.:
COUNTY' OF LEHIGH )
I, CHARLES J. BAGIN, Testator, whose name is signed t.o the
attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the instrument as a codicil to my Last Will and Testament dated
october 13, 1988, that I signed it willingly: and that I signed it
as my free and voluntary act for the purposes therein expressed.
SWORN or AFFIRMED to and acknowledged before me by CHARLES J.
BAGIN, the Testator, this 16th day of June, 1992.
(5t~h; ;t.utvn/'
cHARLES J. BA~'IN ...J
;j?L In Cl Q ,,~
NOTARY PUBLIC \j
NCT:.?"~L ~t ',L
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last lIDHl anh [~~htttt~nt
J
OF
CHARLES J. BAGIll
I, CHARLES J. BAGIN, being of sound and disposing mind,
memory and understanding, do hereby make, publish and declare the
following as and to be my Last Will and Testament, hereby revoking
all other former Wills and codicilS at any time heretofore made by
me.
FIRST: I direct my Executrix, hereinafter named, to pay
from my residuary estate the expenses of my last illness and all
funeral expenses, together with all estate, transfer, inheritance,
succession or other death taxes which may be payable under any law
of the united states, or of any state thereof, or of any other
governmental entity, upon or in respect of all property passing
under this Will, and all other property includable for any reason
as a part of my gross taxable estate for the purpose of the
computation of any such taxes. So that there may be no question
as to the time for the payment of any such death taxes, my
Executrix shall have the absolute power in her discretion to pay
the same at once, whether or not the law under which they are
imposed permits the postponement of all or part of the samll to a
later time.
Page 1 of II,
I
I
~ -. .-0 ...
SECOND: For the information of my Executrix, I declare
that all furniture, silverware, china, linens, bedding,
television, receivers, radios, electrical appliances and equipment.
of all kinds and nature contained in my residence, are the joint
property of my spouse, HELEN M. BAGIN, and me. In consequence, I
make no disposition of any of the aforesaid items in this my
Will.
THIRD: I give, devise and bequeath all automobiles
owned by me at the time of my death, together with all insurance
policies thereon, to my spouse, HELEN M. BAGIN, if she shall
survive me.
FOURTH: All the rest, residue and remainder of my
estate whenever obtained, including property not otherwise
effectively disposed of in this Will and property as to which I
have a power to appoint, hereinafter referred to as my residuary
estate, I give, devise and bequeath as follows:
1. To my spouse, HELEN M. BAGIN, if she shall
survive me.
2. If my spouse, HELEN M. BAGIN, shall not
survive me, then I make the following disposition of my estate:
A. To such of my grandchildren, and legally
adopted grandchildren, as shall survive me, I bequeath each the
sum of Five Thousand Dollars ($5,000.00).
Page 2 of 14
B. All of the rest, residue and remainder
of my estate, both real and personal, I give, devise and bequeath
to my children, HELEN (BAGIN) HENRY, MARILYN (BAGIN) JECHA and
ROBERT c. BAGIN, in equal shares, per stirpes and not per capita.
3. In the event that my spouse, HELEN M. BAGIN,
shall not be living at the time of my death and that no children
of mine shall survive me, then I give, devise and bequeath my
residuary estate to my grandchildren and legally adopted
grandchildren, in equal shares, per stirpes and not per capita.
FIFTH: If under any of the foregoing provisions of this
my will the whole or any part of the principal of my estate shall
become distributable to a person who shall at the time be a minor,
my fiduciaries hereinafter named are hereby authorized, in their
absolute discretion, to hold such whole or part in a separate fund
for the benefit of such minor, to invest and reinvest the
principal of such fund in the manner hereinafter provided, to
collect and receive the income thereon, and to pay over or apply
the whole or any part of the net income or the whole or any part
of the principal thereof to the support, maintenance, benefit and
education of such minor, all without the interposition of a
guardian, and to accumulate any balance of such net income for the
benefit of such minor until he or she shall have actually attained
his or her eighteenth (18th) birthday, and thereupon my
fiduciaries shall pay over and distribute to such minor the
Page 3 of 14
remaining principal, if any, of such fund, together with
accumulated net income. Allor any part of such accumulations may
at any time, in the absolute discretion ot my fiduciaries be paid
to or applied to the use of such minor. In the case of the death
of such minor before actuallY attaining his or her eighteenth
(18th) birthday, my fiduciaries shall thereupon pay over to the
estate of such minor the then remaining principal, if any, of such
fund, together with all accumulations of net income. Any such
accumulations of net income may be held uninvested by my
fiduciaries or may be invested or reinvested as hereinafter
provided.
In making any payment or application of income,
including income previously accumulated, or principal to or for
the benefit of such minor pursuant to the provisions of this my
Will, my fiduciaries are authorized in their absolute discretion
to apply such income or principal for the benefit of such minor
directly, or to pay the same to such minor, or to the parent or
duly qualified guardian of such minor acting in any jurisdiction
or to any adult person with whom such minor may from time to time
reside, and the receipt by such minor, parent, guardian or adult
Page 4 of 14
person or evidence of the application of such payment for the
benefit of such minor shall be a full discharge to my fiduciaries
for any payment so made.
The term "minor" as used herein shall mean any person
who shall not have attained his or her eighteenth (18th) birthday
at the time of my death, regardless of any statutory provisions or
court decisions to the contrary.
The authority as herein conferred upon my fiduciary to
withhold any part of the principal which shall vest in a minor
shall be construed as a power only and shall not operate to
suspend the absolute vesting in fee of title to any part thereof
in such minor.
SIXTH: I nominate, constitute and appoint my spouse,
HELEN M. BAGIN, to be the Executrix of this my Will. In the event
my spouse shall predecease me or shall fail to qualify, or having
qualified shall for any reason fail to complete the administration
of my estate, then in that event, I nominate, constitute and
appoint my son, ROBERT C. BAGIN, to be the Alternate Executor
hereof. I further nominate, constitute and appoint my son, ROBERT
C. BAGIN, to act as Trustee of any trusts created under this my
Will. Should my son, ROBERT C. BAGIN, fail to qualify, or having
qualified shall for any reason fail to complete the administration
of the said Trust(s), then in that event, I nominate, constitute
and appoint my daughter, MARILYN (BAGIN) JECHA, to act as Trustee
Pnge 5 of 14
of any trusts created under this my Will. No Executrix, Executor
or Trustee named herein shall be required to enter bond or furnish
sureties in any Jurisdictlon in which my escace or any ~=usc
created hereunder may be administered.
SEVENTH: In addition to the foregoing powers and those
conferred by law, I hereby confer upon my fiduciaries the
following powers which are to be construed in the broadest manner
consistent with validity and with their duties as fiduciaries:
A. To retain any real and personal property which
may at any time form a part of my estate, including stock in any
corporate fiduciary, regardless of its character and whether it is
such as would be authorized by law for investment by fiduciaries
or whether it leaves a disproportionatelY large part of my estate
invested in one type of property. My fiduciaries may retain such
property for such time as they shall deem best, and dispose of
such property by sale, exchange or otherwise as and when they may
deem such action advisable.
B. To invest in any real or personal property
without any restriction to investments which may satisfy the
requirements of any statute relating to investments by fiduciaries
and without any requirement to diversify assets.
c. To subscribe for or to exercise options for
stocks, bonds or other investments, to join in any plan for lease,
mortgage, merger, consolidation, reorganization or voting trust,
Page 6 o( 14
. .
and to deposit securities thereunder: and generally to exercise
all the rights of security holders of any corporation.
D. To repair or improve or lease, for any per~oa
of time, any real or personal property and to give options for
leases.
E. To sell at public or private sale for cash or
credit, with or without security, to change or to partition any
real or personal property and to give options for sales or
exchanges.
F. To borroW money from any person, including my
fiduciaries, and to mortgage or pledge any real or personal
property.
G. To compromise, settle or arbitrate any claim or
demand in favor of me or my estate or against me or my estate.
H. To make distribution in kind or in cash, or
partly in kind and partly in cash, and in such event to select and
allocate funds and property as in their sole discretion shall best
effect equality.
I. To exercise all powers, authority and
discretion given by this will after the termination of any estate
created hereby until the same is fully distributed.
J. To terminate any trust or trusts created herein
that my fiduciaries determine are not economically in the best
interest of any of the designated beneficiaries herein: to have
Page 7 of 14
I .
the right to make such determination and have the further right
and power to pay over the entire balance of the trust or trusts
funds, including any accumulated but undistributed income, to the
parent or parents, natural guardian, or Court appointed guardian
of such beneficiary to be held by such person or persons in a
restricted savings account or restricted Certificate of Deposit or
other appropriate type of bank investment until such beneficiary
shall have attained his or her eighteenth (18th) birthday, or any
different age if so required by law. The receipt or release of
such parent, parents, natural guardian or Court appointed guardian
of such beneficiary shall be a sufficient receipt and release of
my fiduciaries should my fiduciaries so elect to accept such
receipt or release.
K. My fiduciaries shall not establish any sinking
fund to amortize the premium at which any investment or
reinvestment may be purchased, received or held.
L. I empower my fiduciaries to allocate all
receipts to principal or income or partly to each and further to
allocate all expenses of my estate to principal or income or
partly to Frincipal or partly to income, without regard to
established rules of law or construction, as my fiduciaries in
their discretion deem appropriate; and the decision of my
fiduciaries in making such allocation of receipts and expenses
shall be binding on all persons interested in my estate.
Pnge 8 oC 14
i
M. To determine whether to deduct administration
expenses and fees from the estate for Estate Tax pUrposes or from
the lncome Ot tne estate tor Income Tax purposes in order ~o
provide the greatest overall tax saving, and in making any such
election no adjustments shall be made or required either as
between income and principal, or in the amount of any bequest, and
the decision of my fiduciaries shall be binding on all persons
interested in my estate.
N. To elect for Federal Estate Tax purposes
whether to use the date of death values or the alternate valuation
date values in determining the Federal Estate Tax liability, and
such election shall be conclusive and binding on all persons
interested in my estate. This absolute discretionary power is
given to my Executrix for the express purpose of permitting her to
exercise sound business judgment in planning the ultimate tax
consequences and advantages both to my estate and to the
beneficiaries.
o. To join with my spouse, HELEN M. BAGIN, in the
filing of any Federal Income Tax returns for any year or years for
which I have not filed such return or returns prior to my death,
and to pay such ratable share or all of any taxes due thereon as
my fiduciaries shall deem proper. To consent to any gifts made by
my spouse, HELEN M. BAGIN, as being made half by me for the
purposes of the Federal Gift Tax Law and the exercise of such
Page 9 of 14
. .
authority and power by my fiduciaries shall be final and
conclusively binding upon all persons interested in my estate. I
further authorize and empower my fiduciaries to agree with my
spouse, HELEN M. BAGIN, or her personal representative:
1. As to how the burden of the liability of
Federal Income Tax, or interest thereon, arising out of the filing
of a joint return by my fiduciaries and my spouse, HELEN M. BAGIN,
or her personal representatives, shall be borne as between my
estate and my spouse's, HELEN M. BAGIN, estate: and
2. As to who, as between my spouse, HELEN M.
BAGIN, or her estate and my estate shall be entitled:
(a) To any refund or credit of any Federal
Income Tax, or interest thereon, based on the filing of a joint
return by my spouse, HELEN M. BAGIN, and me or by my fiduciaries
and my spouse, HELEN M. BAGIN, or her personal representatives:
(b) To any refund or credit of any amount
paid on account of any joint declaration of estimated Federal
Income Tax filed by my spouse, HELEN M. BAGIN, and me and of the
interest of any such refund: and
(c) To the benefit of any payment made by my
spouse, HELEN M. BAGIN, or me on account of any joint or separate
declaration of estimated income tax.
PaRe 10 DC 14
My fiduciaries may exercise the foregoing
powers in such manner as they shall in their absolute and
uncontrolled discreclon deem oesc, whecher ln cne lncerest. ~t wy
spouse, HELEN M. BAGIN, or her estate or in the interest of my
estate.
EIGHTH: Any and all sums of money or other property
whether principal or income, payable to my beneficiaries shall be
paid to them free, clear and discharged of their debts, contracts
and engagements and without authority to assign and anticipate the
same, and the same shall not be liable to any levy, attachment,
execution or sequestration while in the possession of my fiduciary
and this immunity from attachment or alienation is to continue
until actual payment be made by my fiduciary to th~ beneficiaries
entitled thereto, hereby intending that such money or other
property shall be free from the debts and obligations of the
beneficiaries while in transit.
NINTH: If my spouse, HELEN M. BAGIN, and I should meet
our deaths simultaneously or under such circumstances as to render
it difficult or impossible to determine who predeceased the other,
I hereby declare that I shall be deemed to have survived my
spouse, HELEN M. BAGIN, and my spouse, HELEN M. BAGIN, shall be
deemed to have predeceased me, and that this Will and all
provisions thereof shall be construed on that assumption and
basis.
Page 11 of 14
.'
~
TENTH: For the purposes of this Will, the singular
shall include the plural and the masculine shall include the
feminine and vice versa, unless contrary intent appears.
:::1 :.;r,:,:rESS WHEREOF, : have hereunto set ':':Iy hand 'Ind sea 1
this /'3 ~ day of (f)ci:ikJ , 1988, to this my Will,
written upon the fourteen (14) sheets of paper, including the
Attestation page. There is also a Self-Proved Acknowledgment
which is attached as the last two pages.
~~~
CHARLES ,. BAGW
Signed, sealed, published and declared by
the abovenamed Testator, CHARLES J. BAGIN,
as and for his Will, in the presence of us,
who at his request and in his presence and
in the presence of each other, have hereunto
subscribed our names as Witnesses thereto.
(SEAL)
WITNESS:
(J,d' m & of.
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ADDRESS:
DC) ~~"I:L/5/, 1./1; ,0..._~tf.llfIO(,
1./-'/ / : '/ 1.. ' 1'-
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Page 12 of 1/,
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SELF-PROVED ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
. SS.:
COUNTY OF LEHIGH )
I, CHARLES J. BAGIN, Testator, whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament; that I signed it
willingly; and that I signed it as my free and voluntary act for
the pUrposes therein expressed.
SWORN or AFFIRMED to and acknowledged
before me by
day of L'--'...-Q/JLi...
CHARLES J. BAGIN, the Testator, this
1988.
13M
~~
~ ~ BAGI
,i.:lt<... Y GU:{Wi.J. i../
NotafY!PUblic
NOT^~;.~. ~:Al.
USA J, W,\RI~"R. r;');:Jri PUSLIC
ALLENTO'....; t, !.friI3H CC'JUTY
MY COMMISS:CN CXP:RES AU~, 24. 19!2
... Member, Penns~vanll Asoco.IlIon of Nolan....
,.
Page 13 of 14
.
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LEHIGH
55. :
)
WE :01111:-1. ,\"hcr,1ft. 'IT
,
Te rry H"l ~adv
and
Haria C. Hullane
, the witnesses whose names
are signed to the attached or foregoing instrument, being duly
qualified according to law, do depose and say that they were
present and saw the Testator sign and execute the instrument as
his Last Will and Testament; that he signed it willingly: and that
he executed it as his free and voluntary act for the purposes
therein expressed: that each of us in the hearing and sight of the
Testator signed the Last Will and Testament as witnesses and that
to the best of our knowledge, the Testator was at that time
eighteen (18) or more years of age, of sound mind and under no
constraint or undue influence.
SWORN or AFFIRMED to and subscribed before me by
John H. Ashcraft, III
Terry Halgady
the witnesses, this /3/h. day of
and
Haria C. Hullane
@<.-k/u'v
, 1988.
()f 1)1 d~"" . ~
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Witness
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Notary PUblic
NOTARIJ.l. se,~
LiSAJ W~RNeR ~;OTARYPI.'SLIC
A1.!..ENTC~';". L-::-i:CH CCt.'NTY
MV CCMI,lISS:,)N EAPIRI:S Al.'G. 24. 1992
Memb'Jr, P'nnsytvarua Aur.laaXln al Nolati~
Page II, of 1/,
\
HiC LAW r1RM or
KILLIAN & GEPHART
o?llt PINe !iHU.Cl
.JOHN D. t'lILLIAN
SMITH D. GCPHART
THOMAS W, scon
.JANr: OOWCN PCNNY
TCRReNCc. .J. MeGOWAN
RONOA tC. KISER
PAULA.J. MeOCRMOTT
.J. PAUL HCL"'"
SHAUN C. O'TOOLe
BRADLey A. SCHUT.JER
P.O IIDIt ""6
HARRISBURG, PE:NNSYLVANIA 17108'0888
ll:If.PuONl: "1" ..:1,. t"~1
lLlCCOPttn 11111 ...-HI on"..
December 16, 1996
Register of Wills of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Re: Charles J. Bagin
No, 00343
Dear Sir or Madam:
Enclosed please find the Inheritance Tax return to be filed in
the above estate. No tax is due,
Please return a stamped copy to me in the enclosed envelop.
Thank you.
Sincerely,
"\ . IJ
ell-v,.......j v~ cjCJJo"<'S {,)o C-Ml"-""'C
Corinne Eggers Woodhouse
Enclosure
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Ret,Cli'
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GUll!l
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THE LAW FIRM OF
KILLIAN Be GEPHART
21 B PINE STREET - P. 0 BOX BB6
HARRISBURG, PENNSYLVANIA 1710B,OBB6
\
,
TO:
Register of Wills of Cumberlnnd County
Cumberland County Cnurthnuse
I Courthouse Square
Carlisle, P^ 17013-33R7
~
FIRST ClASS MAIL
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BUREAU OF INDIVIDUAL TAXES
INH[RITANCE TAM DIvISION
DEPT. Z8hOl
HARRISBURC, PA 111:aoObDJ
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
u
;*
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
DF DEDUCTIONS AND ASSESSMENT OF TAX
Ih.nd II AI, 11l.'lI
SHAUN E OTOOLE
KILLIAN 8 GEPHART
PO BOX BB6
HBG PA 1710B
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
CHARLES
03-10-97
BAGIN
04-05-96
21 96-0343
CUMBERLAND
101
Allount R811ithd
MAKE CHECK PAYABLE AND REHIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ..
iiEV:iS'47-Eif-AFP--ii'2-:96Y"iiij;'-icE--OF-iNHEiiiiAiicn'AX-A-ppiiiiisEilEiiT~--ALi."owAiicE-ijR-----------'-----
DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX
ESTATE OF BAGIN CHARLES J FILE NO. 21 96-0343 ACN 101 DATE 03-10-97
TAX RETURN WAS: I X I ACCEPTED AS FILED
I I CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. R..I Est.t. (Schedule AJ III
2. Stocks end Bonds (Schedul. 8) (2)
3. Closely Held stock/P.~tn.rshjp Inter..t (Schedul. C) (3)
~. Hartg8De./Not.. Receivable (Schedule DJ C~)
5. C..h/Sank Oeposlts/Hlsc. Person.l Property (Schedule EJ (5)
6. Jointly Owned Property (Schedule FJ Cb)
7. Transfers (Schedule G) (7)
8. Total Als.t.
32,000.00
.00
.00
.00
36,197,98
,00
.00
IDI
NOTE: To insure proper
credit to ~our account,
subnlt the upper portion
of this forM with your
t..: paYMent.
68.197.98
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/AdM. Costs/Hisc. Expenses (Schedule H) (9)
10. Debts/Hortgage Liabilities/Liens (Schedule 1) nO)
11. Total Deductions
12. Het Value of Tax Return
13. Charitable/GovernMental aeqUests (Schadule J)
14. Het Velue of Estate Subject to rax
13.166.1J!
2,519.26
III I
1121
(13)
(14)
1~,68~ ?~
52.512,73
, DO
52.512.73
NOTE:
If an assessment was issued previously, lines 14, 15 and~or 16, 17 and 18 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSHENT OF TAX:
15. AMount of Line 14 at Spousal r.te (IS)
16. AMount of Line 14 t.xable .t Lineal/Class A rate (16)
17. AMount of Line 14 taxable at Collateral/Cl.ss 8 r.t. (17)
18. Principal rex Due
TAX CREDITS:
PAYMENT
DATE
07-02-96
03-03-97
,00 X .00:
52,512.73 X.06:
.00 X .15:
I1BI
.00
3.150.76
.00
3,150.76
RECEIPT
NUMBER
AA1l2999
REFUND
DISCOUHT 1'1
INTEREST I - I
157.54
,00
AMOUNT PAID
3,000.00
6,78-
· IF PAID AFTER DATE INDICATED, SEE REVERSE
FDR CALCULATION OF ADDITIONAL INTEREST.
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
3.150.76
.00
,00
,00
I IF TDTAL DUE IS LESS THAN II, NO PAYMENT IS REQUIRED.
IF TDTAL DUE IS REflECTED AS A "CREDIT" ICR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FDR INSTRUCTIDNS.)
J
~
'-J.:
l
:::>
~-
r\~
~ : ~
.'
'.. l..._
II
,..-.
Pi
l'
'!I :l
Uu
RESERVATION, Eltat.. 0' dlcld.nt. dying on or blfar. D.c.tb.r iZ, 1'8: .. If any future Int.r..t In the 'Itat. 1. transf.rr.d
In POI.,..lon or .nJoy..nt to Cia., B (coll.t.ral) blnefle..rl.. of thl dlcld.nt aft.r the ..plratlon of any I.tat, for
llf. or 'or y..r., thl Co..onv..lth hlreby ..pr"sly r...rv.. the right to apprals. and a""1 tran.f.r Inheritance ,....
at the lawful C1... B (col1ataral) rate on any such future Int.r..t.
PURPOSE OF
NOTICE I
To fulfill the requlr...nt. of Slctlon 214D of the Inheritance and E,tat. ra. Act, Act ZZ of 1991. 72 P,S.
Slctlon 21"D.
PAYKEHl I
D,tach thl top portion of thl. Notlel and ,ub_It with your pay..nl to the Algltter of Will, printed on thl r.v.rs. sid..
...."Ilk. ch.ek or .on.y ordu pllyabl. tal REGISTER OF MILLS, AGENT
All p.Y.llnts rllelllv.d shllll flrtt bll IlPpll.d to IIny Intllrlltt which .IIY bll due with any r..alndllr IIPpll.d to thll tek.
REFUND CCR)1 A refund of a tllk crlldlt, which was not rllquested on the Tak Rllturn, Ilay be requll.ted by cOllpllltlng an ~Appllelltlon
for R.fund of Penn.ylvllnla Inh.rltane. and E.tat. Tax~ CREV"1111). Application. er. av.llabl. at the offlc.
of the R.gl.ter of Will., IIny of the Zl A.v.nu. DI.trlct offlc.., or bv calling the .p.clal Z4-hour
.n.werlng ..rvlea nuabar. for for.. ord.rlngl In Penn.vlvanla 1"SDO"16Z"ZDSD, out. Ida Pannsylvanla and
wUhln local Harrisburg ar.. (717) 787"809ft, TOO' (717) 71Z"ZZSZ Ol..rlng Illpalr.d Only).
OBJECTIONS I Anv party In Int.r.tt not .atl.fl.d with the appralle.llnt, allowanell or dl.llllowanell 01 dllductlon', or atlellllent
of tax (Including dllcount or Interlllt) as Ihown on this Notice Ilust obJllet within Ilkty (60) dayl 01 rec.lpt 0'
this Not In by:
.....rltt.n protlllt to thll PA Dapart.llnt of Allvllnu., Board of App.all, Dllpt. Z810ZI, Harrllburg, PA 17121"10ZI, OR
..electlon to hay. thll Ilattllr deteralnad at audit of tha aeeeunt of tha Pllrlonal rllprlll.ntatlve, OR
..apPllal to tha Orphanl' Court.
ADMIN
ISTRATIVE
CORRECTIONS:
Factual Il.ror. dlICOVllr.d on thll allllllllllnt should ba Ilddrlllllld In writing tal PA Dopllrt.llnt 0' Rllv.nua,
Buraau of Individual Ta~a', ATTNI POlt Alsasl..nt R.vlaw Unit, Dopt. 210601, Harrllburg, PA 17121.0601
Phona (717) 717"6S0S. 5.. paga 5 of the book lot ~Inltructlon. for Inherltllnca Tak Return for a Ralldlnt
Dacadlnt~ CREV.ISOI) for an a~pIllnatlon of adlllnlltratlvlly corrllctabla .rrorl.
DISCOUNT:
I' IIny tak due II paid within thr.. (l) call1ndar 1l0nthl aftllr thll dllcldllnt". dlath, a flv. pllrCllnt (S~) dllcount of
thll tak paid II allowod.
PENALTY I
Thll IS~ tex aanl.ty non"partlclpatlon plnalty II coaputlld on thll total 01 thll tax and Intllr.lt Illllllllld, and not
Pllld bllfore January 18, 1996, th. flr.t day Ilftlr tho .nd of tho tax aanl.ty plrlod. Th1. non"pllrtlcJpatlon
p.nalty I. IlPPllalabl. In the .aao aann.r and In the the Ilia. tl.. plrlod al you ..auld Ilpp.al the tak and Int.r..t
that ha. b..n .......d al Indlcat.d on thl. notlell.
INTEREST I
Int.r..t 1. charglld b.glnnlng with flr.t day of dollnqullncy, or nln. (9) .onth. and on. (1) day fro. thll datil of
dll.th, to the date of pay..nt. Ta~.' which blea.. dllllnquont bafor. January I, 191Z b.ar Int.r..t at thll rat. of
.Ik (6~) p.rc.nt per .nnua calculated at a dally rate of .00016~. All ta~.' which beca.e delinquent on and after
Janu.ry 1, 1982 will b.a~ Intlr..t .t a ratll ..hlch will vary fro. calendar year to cal.ndar ylar with th.t rate
announc.d by the PA Depart.ent 01 Ravllnue. Th. applicable Int.relt ratlll for 198Z through 1991 are:
!!!! Internt Allte O.lIy Intlrnt Fllctor !2r Intere.t Rllte Dally Intor.st Faelor
1982 2U .DODS48 1911 .% .000247
1983 16~ .000ftn 1911.1991 11% .000301
198ft 11~ .000301 1992 .% .0002ft7
1985 In .0003S6 199)"1994 7% .000192
1916 10Z .00027ft 1991j-1997 .% .DD02ft7
"'.Inhr..t i. calculated .. follow.:
INTEREST = BALANCE or TAX UNPAIO X NunBER or OAYS DELINQUENT X DAILY INTEREST rACTDR
.....Any Nollce I..ued after the ta~ b.eo..s dllllnquent will refl.ct an Int.r.st calculation to flftlln (15) day I
beyond the date of the al.e.I..nt. If payeent It .ade after tho Int.rost eo_putatlon date shown on the
Notlc., additional Intor..t aust ba caleulat.d.
~
I..
.,
;.3 (;,
PAYHENT1
a.tach the top portion of thl. HotleD and subait with your payeent aade payable to the nn.. Bnd addr...
printed on the tever.. ,Ida.
If RESIDENT DECEDENT alike chock or 80ney order pnyablo tOI REGISTER OF WILLS, ACENT.
If HOH-RESIDEIH DECEDENT eake chock or 80noy order pnyftbl. tOI COMMONWEALTH OF PENNSYLVANIA,
REFUND eCR)1 A r.fund of . tn. credit, which was not roqu..ted on the 'a. Roturn, .ay bo ,.qUllted by coaplotlng an
~AppllcatlDn for R.fund of Pennsylvania Inheritance and Estat. Tax. CREV.Ill]). Appllcatlonl It. avallabl. at
the Offlc8 of the Rogllt.r of Wills, any of tho 23 Revenu. District Dfflc.. or fr08 tho Dopa,t..nt.. Z4-hout
an.worlng .orvlcD nu.bo,. for for.. ordering: In Ponnsylvanla 1-800-56Z-Z0S0, outsldo P.nnsylvanla
and within local Harrisburg aroa (717) 787-8094, TOOl (717) 77Z~22SZ OIoaring lapairod only).
REPLY TO: auostlons rogardlng orrors containod on this notlco should be addro.sod to: PA Oopart.ont of Rovonuo, auroau
of Individual TUeI, ATTN: POlt Allos..ont Rovlow Unit. Oopt. 280601. tlarrhburg, PA 17IZ8-0601, phone
(717) 787-6505.
DISCOUNT,
If any tax duo II paid within throe (3) calondar .onths aftor tho doc.dent', doath, a flvo porcont C5~) dl.count
0' tho tax paid I, allowed.
PENAl TY:
Tho 15~ tax aen.,ty non'partlclpation ponalty ls cooputed on tho total of tho tax and Intorolt a'le..od, and not
paid boforo January 18. 1996, tho first day aftor tho ond of tho tax aonosty porlOd.
tNTEREST:
tntorost I, chargod boglnnlng with flr.t day of dOllnquoncy, or nino (9) .onths and one (1) day fro. tho dato of
doath, to tho dato of pay.ont. Taxa, which becaoe delinquent be foro January 1, 198Z boar Intere.t at the rat. of
six (6~) percent per annu. calculatod at a dailY rato of .000164. All ta.os which beca.o dollnquent on and aftor
January 1, 198Z w111 boar Intor..t at a rato which will vary fro~ calondar year to calondar yoar with that rato
announcod by the PA Depart.ent of Rovonuo. Tho appllcablo Intoro.t rato. for 198Z through 1997 aro:
V.ar Intoro.t Rato DailY Intoro.t Factor
Vllllr
Intoro.t Rato
Dally Intoro.t ractor
198Z ZOX .000S48 1981 'X .000Z47
1983 16:< .000418 1988-1991 IIi: .000501
1984 IU .OOOUI 1992 'X .00aZ47
1985 13X .000356 1,)9S~1994 'X .00019Z
1986 I'X .000274 1995-1997 'X ,OOOZ41
"Intero.t Is calculated as follow.:
INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
~~Any Notlc. I..uod aft.r tho taw boco.o. dollnquent will refloct an Int.ro.t calculation to fifteen (15) days
boyond tho dato 0' tho a'lo...ont. If pay..nt Is eado aftor tho Intoro.t coaputatlon data .hown on tho
Notlco, additional Intorost oust bo calculatod.
';,.
\l','
:;;
.'1'
r:
,.',.,
WHEREAS, the Beneficiaries are the
grandchildren, and great grandchildren
distribution from the Estate as follows:
Decedent's children,
and are entitled to
Distributive
Beneficiarv Relationshio Share
Taylor Namiotka Great granddaughter $ 1,000.00
Casey Namiotka Great granddaughter $ 1,000,00
Christopher Bagin Grandson $ 5,000,00
Matthew Bagin Grandson $ 5,000.00
Keri Coco Granddaughter $ 5,000.00
Tara Namiotka Granddaughter $ 5,000.00
Joseph Jecha Grandson $ 5,000.00
Helen Henery Daughter 1/3 of residue
Marilyn Jecha Daughter 1/3 of residue
Robert C, Bagin Son 1/3 of residue; and
WHEREAS, each Beneficiary has been furnished with a complete
listing of the Estate assets, receipts and disbursements as set
forth on the First and Final Account as attached hereto and marked
as Exhibit "A"; and
WHEREAS, it is the desire of the parties to this Agreement
that final distribution of the Estate be 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; and
2
WHEREAS, each Beneficiary acknowledges having received a
Schedule of proposed Distribution to BeneficiarieG attached hereto
and marked as Exhibit "B."
NOW, THEREFORE, WITNESSETH, in consideration of the mutual
promises, covenants and agreements recited herein, the parties do
agree as follows:
(1) The foregoing provisions of this Agreement are
incorporated herein by this reference,
(2) Each party hereto acknowledges and agrees that the
Executor will not file an Account or petition for Distribution or
secure a Decree of Distribution from any Court having jurisdiction
in the matter of the Estate, and each of the Beneficiaries further
acknowledges his/her right to compel an accounting which right
he/she hereby waives,
(3) Each of the Beneficiaries acknowledges and agrees that
the Schedule of Proposed Distribution to Beneficiaries attached
hereto as Exhibit "B" is satisfactory and proper, and each of the
Beneficiaries accepts distribution in accordance with its
provisions and by executing this Agreement acknowledges receipt
from the Executor of the property allocated to him/her on Exhibit
"B" in full and complete satisfaction of his/her legacies under the
Last Will and Testament of the Decedent.
(4) Each of the Beneficiaries hereby forever releases and
discharges the Executor from any and all claims and liabilities of
any kind or nature whatsoever arising from or related to his
services or status as the Executor of the Estate. Each of the
3
"'- ---,..
AGREEMENT OF RECEIPT AND RELEASE. AND WAIVER OF ACCOUNTING
~!/;?&t.~~~'ffJO
W ness /
/fZt.vt ~-,-: ,
Robert C. Bag~n, Benef~c~ary
r
~ ~ ~t..
Witness
A.tA- tf '
Robert C. Bagi~r son
Matthew Bagin, Beneficiary
COMMONWEALTH OF PENNSYLVANIA
S5. :
COUNTY OF CUMBERLAND
On this, thafi?:rcl day ofqJdy-
, 1997, before me,
the undersigned, appeared ROBERT C. BAGIN, known to me (or
satisfactorily proven) to be the person whose name is subscribed to
the within instrument, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
l~LA v)/->uY'L{Xr7'-'
Notary Pu ~c
;--
I /!OT;mAL SEhl '
. ';c.;",y~. 'jl:OI:PS. G:J I"e"a"' r,.';. I
I . ,'.., Il".....
"omp Hili, Carrwerland Cou"r: :
i :.'Y Gym,n:s:lOn EXCITe:: Fl!b.19, 2~'~1 I
. .
6
.j
I
AGREEMENT OF RECEIPT AND RELEASE. AND WAIVER OF ACCOUNTING
l1(lt~~oI S /la~~;?/4
Witness
~~
Beneficiary
~WL
ara Namiotka for daughter
Casey Namiotka, Beneficiary
6~ '- 7~L'
Tara Namiotka for daughter
Taylor Namiotka, Beneficiary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS. :
On this, the ~~} day
of , h~/
T~ N OTKA,
v
known to me (or
, 1997, before me,
the
undersigned, appeared
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,
r;: ~
otary Public
6
,
,
,
." w. ~.. _.
AGREEMENT OF RECEIPT AND RELEASE. AND WAIVER OF ACCOUNTING
)11~~
Witness {/
/('C,:c: ~.
I~
,
/
( II-~
Beneficiary
'--
Keri - oco,
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF CUMBERLAND
70'"
On this, the ,~ day of
71~
the undersigned, appeared KERI COCO, known to me (or satisfactorily
, 1997, before me,
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,
Notary Public
6
I
'1
AGREEMENT OF RECEIPT AND RELEASE. AND WAIVER OF ACCOUNTING
"~li' ;-'
( / U..t.I..^-'-
Witness
" I
if, i{~ /1 "
YJLtl (4~'
Robert C, Bagin. Executor
COMMONWEALTH OF PENNSYLVANIA
SS, :
COUNTY OF CUMBERLAND
On this, the~~n:J day of /I,.' ( e { /,- , 1997. before me,
7J
the undersigned, appeared ROBERT C. BAGIN, known to me (or
satisfactorily proven) to be the person whose name is subscribed to
the within instrument, and acknowledged that he executed the same
for the purposes therein contained,
IN WITNESS WHEREOF. I hereunto set my hand and official seal,
U0 J1J2' I L~ r~t)h6Y~/XX7....
Notary pubJiC
IIOTAiilAL SEAL
TR~~EV L. THOMPSC~I, f1i):~ry Public
'; jmo 11+:1. C~:t1Cl;!rlali'l c~;,;:-:rl
MI ~~il,",I)'iion Expires Feb, 19, 2CoOl
6
FIRST AND FINAL ACCOUNT AND PROPOSED DISTRIBUTION OF
ROBERT C, BAGIN, EXECUTOR
ESTATE OF CHARLES J, BAGIN
LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA
Date of Death:
Letters Granted:
First Complete Advertisement of Letters:
Account Stated to:
04/05/96
04/26/96
05/10/96
06/30/97
PRINCIPAL
SUMMARY AND INDEX
Receipts of Principal:
Cash
Refunds
Real Estate
Gains/Losses on Sales
TOTAL RECEIPTS
Less Disbursements:
Debts of Decedent
Funeral Expense
Administration Expenses
Fed., State & Local Tax
Distributions to Benes.
TOTAL DISBURSEMENTS
PRINCIPAL BALANCE
INCOME
Receipts of Income:
Interest
Disbursements of Income:
Distributions to Benes,
INCOME BALANCE
COMBINED BALANCE ON HAND
PAGE
2 $35,713.71
2 535,12
2 32,000.00
2 (1.884.28)
$66,364.55
3 $2,438.89
3 6,556.13
3 4,561.80
4 3,164.66
4 26,730.10
$43,451.58
$22,912.97
5
~
$
387.65
5 $
269.90
$
11 7,75
$23,030.72
"Exhibit An
.. .
Disbursements of princioal
Debts of Decedent:
$180.74
04/09/96 Robert C. Bagin
_ reimburse: purchase of VCR & cushion
Messiah Village - home care
PA NeUrological Association
_ uninsured medical expense
Sears credit card balance
Killian & Gephart
_ preparation of power of Attorney
04/21/96 Family Eye Care - glasses
04/21/96 PP&L - final electric bill
05/01/96 Mutual of Omaha - premium
05/12/96 Messiah Village - home care
07/20/96 Eye exam not paid by Medicare
TOTAL DEBTS OF DECEDENT
04/07/96
04/07/96
857,50
100.00
04/21/96
04/21/96
11,23
66.10
52,00
106.66
5.35
1,044.31
15.00
$2,438.89
Funeral Exoenses:
05/04/96 Burkholders Funeral Home
10/27/96 Earl Wentz Inc. - Headstone eng,
TOTAL FUNERAL EXPENSES
6,443.13
113.00
$6,556.13
Administration Exoenses:
\
\
i
I
I
1
I
I
r:1
.1
Bell Atlantic
05/04/96
06/01/96
05/04/96 MHC monthly rent
05/17/96 Checks for Estate checking account
05/12/96 Late fee by MHC - Green Acres
OS/27/96 Meyers Lawn and Landscaping
OS/27/96 MHC monthly rent
06/02/96 Dauphin County Register of Wills
_ probate fee
De-winterize modular home
Filing fee, PA Inheritance Tax
Filing fee, Final Accounting
Killian & Gephart
_ Legal Fees
_ Long Dist. Tele.
- postage
- Travel
_ Photocopies
_ Advertise Estate
TOTAL ADMINISTRATION EXPENSES
12,55
12.55
357.00
14,00
35.70
50.88
357.00
199,50
07/20/96
/ /
100,70
15.00
70.00
04/05/97
through
06/23/97
$3,100,00
1.24
8.71
9.50
5,75
211.72
S3,336.92
$4,561. 80
3
Federal. state and Local Taxes:
$ 171.44
OS/27/96 Macungie Twp Tax
_ County and Township Taxes
3,000.00
07/02/96 Register of Wills, Agent
_ prepayment of PA Inheritance Tax
6.78)
$3,164,66
Refund of PA Inheritance Tax
TOTAL FED" STATE, & LOCAL TAX
Disbursements of principal
To:
Chistopher
gift under
11/01/96
Bagin, in satisfaction of
Article FOURTH of Will
Cash
$4,950.02
To: Matthew Bagin, in satisfaction of
gift under Article FOURTH of Will
11/01/96 Cash
4,950.02
To: Keri Coco, in satisfaction of gift
under Article FOURTH of Will
11/01/96 Cash
4,950.02
To: Tara Namiotka, in satisfaction of
gift under Article FOURTH of Will
11/01/96 Cash
4,950,02
To: Joseph Jecha, in satisfaction of
gift under Article FOURTH of Will
11/01/96 Cash
4,950,02
To: Taylor Namiotka, in satisfaction of
gift under Article FOURTH of Will
11/01/96 Cash
990,00
To: Casey Namiotka, in satisfaction of
gift under Article FOURTH of Will
11/01/96 Cash
TOTAL DISBURSEMENT OF PRINCIPAL TO BENEFICIARIES
990. Oil
$26,730.10
4
To: Taylor Namiotka, in satisfaction of
gift under Article FOURTH of Will
Cash
10,00
To: Casey Namiotka, in satisfaction of
gift under Article FOURTH of Will
Cash
TOTAL DISBURSEMENT OF INCOME TO BENEFICIARIES
10,00
$ 269.90
Respectfully submitted,
J?J.Y~,~
Robert C. Bagin, Executor
*****************
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF
personally appeared before me, a Notary Public, in and for
said County and Commonwealth, Robert C. Bagin, Executor of the
Estate of Charles J. Bagin, who, being duly sworn according to law,
deposes and says that the amounts set forth in the foregoing First
and Final Account are true and correct to the best of his
knowledge, information and belief,
;fJJ~.-'
Robert c, Bagin, Executor
Sworn to and subscribed
befrr me thisJ2yd day
of (1 ~ ,1997,
Notary ublic
! ':OT:''1i~lSS\L \
l i;;~C:V L. THOMPSC!I. {;IjlilV Ml;c \
Camp H:ll. cumDellaotl co~nrl
MI c,,:nmlsSicn EJcpires Feb,19, 2001 _
6
SCHEDULE OF PROPOSED DISTRIBUTION TO BENEFICIARIES
Per Item Fourth of the Will:
To: Helen Henery
Cash $7,676,90
To: Marilyn Jecha
Cash $7,676.90
To: Robert C, Bagin
Cash $7,676.90
To: Chistopher Bagin
Cash $5,000.00
To: Matthew Bagin
Cash $5,000,00
To: Keri Coco
Cash $5,000.00
To: Tara Namiotka
Cash $5,000.00
To: Joseph Jecha
Cash $5,000,00
To: Taylor Namiotka
Cash $1,000.00
To: Casey Namiotka
Cash Sl,OOO.OO
TOTAL DISTRIBUTION $50,030.70
EXHIBIT liB"
.... -. ~.. ".
WHEREAS. the Beneficiaries are the
grandchildren, and great grandchildren
distribution from the Estate as follows:
Decedent's children,
and are entitled to
Distributive
Beneficiary Relationship Share
Taylor Namiotka Great granddaughter $ 1,000,00
Casey Namiotka Great granddaughter $ 1,000.00
Christopher Bagin Grandson $ 5,000.00
Matthew Bagin Grandson $ 5,000.00
Keri Coco Granddaughter $ 5,000.00
Tara Namiotka Granddaughter $ 5,000.00
Joseph Jecha Grandson $ 5,000.00
Helen Henery Daughter 1/3 of residue
Marilyn Jecha Daughter 1/3 of residue
Robert C. Bagin Son 1/3 of residue; and
WHEREAS. each Beneficiary has been furnished with a complete
listing of the Estate assets, receipts and disbursements as set
forth on the First and Final Account as attached hereto and marked
as Exhibit "A"; and
WHEREAS. it is the desire of the parties to this Agreement
that final distribution of the Estate be 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; and
2
WHEREAS, each Beneficiary acknowledges having received a
Schedule of Proposed Distribution to Beneficiaries attached hereto
and marked as Exhibit "B."
NOW, THEREFORE, WITNESSETH, in consideration of the mutual
promises, covenants and agreements recited herein, the parties do
agree as follows:
(1) The foregoing provisions of this Agreement are
incorporated herein by this reference.
(2) Each party hereto acknowledges and agrees that the
Executor will not file an Account or Petition for Distribution or
secure a Decree of Distribution from any Court having jurisdiction
in the matter of the Estate, and each of the Beneficiaries further
acknowledges his/her right to compel an accounting which right
he/she hereby waives.
(3) Each of the Beneficiaries acknowledges and agrees that
the Schedule of Proposed Distribution to Beneficiaries attached
hereto as Exhibit "B" is satisfactory and proper, and each of the
Beneficiaries accepts distribution in accordance with its
provisions and by executing this Agreement acknowledges receipt
from the Executor of the property allocated to him/her on Exhibit
"B" in full and complete satisfaction of his/her legacies under the
Last Will and Testament of the Decedent.
(4) Each of the Beneficiaries hereby forever releases and
discharges the Executor from any and all claims and liabilities of
any kind or nature whatsoever arising from or related to his
services or status as the Executor of the Estate, Each of the
. .
3
AGREEMENT OF RECEIPT AND RELEASE. AND WAIVER OF ACCOUNTING
)71ut.<..,.;
Witness (/
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7." .
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Keri - oco,
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF CUMBERLAND
?()-,1l (7 ciJ
On this, the ,., day of V, , 1997, before me,
(
the undersigned, appeared KERI COCO, 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,
Notary Public
6
"
AGREEMENT OF RECEIPT AND RELEASE. AND WAIVER OF ACCOUNTING
''\ 1
( '7Lt'1.1t"-<-.
~ Witness
{I,'ltl1'tb .
J
J?/L,l ~~~_,
Robert C. Bagin, Executor
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF CUMBERLAND
On this, the~:':?'n:1day of ~, I f { 1- . 1997, before me,
7if
the undersigned, appeared ROBERT C. BAGIN, known to me (or
satisfactorily proven) to be the person whose name is subscribed to
the within instrument. and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
l:J0ll.l! f I L~ ~Ju'hllXX?),-
Notary pU~ic '
r:OT!.RIAl SEAL
TRACEY L. 1I10lAPSO/I, /1N.1JY Public
Cimp lI,ii, Cumber/ana County
MI Cornmi';\iGn E'pires Feb,19. 2001
6
-.-----. ~
,
"
Receipts of Income
Interest:
Meridian Bank
Decedent's Checking Account 111425-9619
04/23/96
05/06/96
31. 99
12.97
$ 44.96
Estate Checking Account >>9319-5051
OS/23/96
06/25/96
07/24/96
08/16/96
08/23/96
09/24/96
10/24/96
11/22/96
12/24/96
01/27/97
02/25/97
03/24/97
04/23/97
20.89
30.85
43.58
36.16
7,19
45.97
40,27
33,13
28,50
22.44
16.85
13.39
3.47
$342.69
$387.65
TOTAL INTEREST
Disbursements of Income
To: Christopher Bagin, in satisfaction of
gift under Article FOURTH of will
Cash
$
49.98
To: Matthew Bagin, in satisfaction of
gift under Article FOURTH of Will
Cash
49,98
To: Keri Coco, in satisfaction of
gift under Article FOURTH of Will
Cash
49,98
To: Tara Namiotka, in satisfaction of
gift under Article FOURTH of Will
Cash
49.98
To: Joseph Jecha, in satisfaction of
gift under Article FOURTH of Will
Cash
49,98
5
To: Taylor Namiotka, in satisfaction of
gift under Article FOURTH of will
Cash
10.00
To: Casey Namiotka, in satisfaction of
gift under Article FOURTH of Will
Cash
TOTAL DISBURSEMENT OF INCOME TO BENEFICIARIES
10.00
$ 269.90
Respectfully submitted,
l!iJI~,~
Robert C, Bagin, Executor
*****************
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF
Personally appeared before me, a Notary Public, in and for
said County and Commonwealth, Robert C, Bagin, Executor of the
Estate of Charles J. Bagin, who, being duly sworn according to law,
deposes and says that the amounts set forth in the foregoing First
and Final Account are true and correct to the best of his
knowledge, information and belief,
~'
. J /l
.. ~ ?<
~ to;f.~,1 O..:.}t'-'-9"~ .
Robert C. Bagin, Executor
Sworn to and subscribed
befo/f me thisJL:Y(~ day
of '-1 ~ ,1997.
~(l~ '--j, <Jb0LPO(!)'-
Notary ublic
\ tlOTARiAl SEAL
l r"ACEY l T.HOMPS..ON, r1U~11Y Public
Cll11P H:I\, CU'llbell3nd cou,,\~
~,\; G,j.l,:n:S~;Gn E~pire'i fcb, 19. .001
6
SCHEDULE OF PROPOSED DISTRIBUTION TO BENEFICIARIES
Per Item Fourth of the Will :
To: Helen Henery
Cash $7,676.90
To: Marilyn Jecha
Cash $7,676,90
To: Robert C, Bagin
Cash $7,676,90
To: Chistopher Bagin
Cash $5,000,00
To: Matthew Bagin
Cash $5,000,00
To: Keri Coco
Cash $5,000,00
To: Tara Namiotka
Cash $5,000,00
To: Joseph Jecha
Cash $5,000.00
To: Taylor Namiotka
Cash $1,000,00
To: Casey Namiotka
Cash $1.000,00
TOTAL DISTRIBUTION $50,030.70
EXHIBIT nB"
,.:). I - ({ It, - 3'1 3-
STATUS REPORT
Name of Decedent Charles J. Baqin
Social Security Number 096-07-5234
Date of Death 04/05/96
Name of Personal Representative(s) Robert C. Baqin
Capacity (check one)
Executor
Administrator
Administrator c.t.a
Administrator d.b.n.
x
Is the administration of the estate complete?
Yes X No
If "yes", how was the administration ended? (check one)
By court accounting
By account stated to parties in interest X
Did the parties release the personal representative? ves
Other (explain)
Total amount paid to date to creditors and for
funeral and administrative expenses
$13.556.82
Total value of distribution to date to beneficiaries
$27,000.00
If administration is not complete, estimated value
of assets still in administration
$
I certify under penalty of perjury that the foregoing information
is correct to the best of my knowledge, information and belief.
Date:
a./17/17
Y//..
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. t, c.@fi7~
Personal Representative
Attorney for Estate