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HomeMy WebLinkAbout04-10-07 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. ~ RECEIPT AND RELEASE WHEREAS, Jacqueline L. Diehl, late of Lower Allen Township, County of Cumberland and Commonwealth of Pennsylvania, died on June 8, 2006, having first made her Last Will and Testament in writing probated before the Register of Wills of said Cumberland County on June 16, 2006, and Letters Testamentary were issued on the same date to Stephen H. Diehl, the Executor named in the Last Will and Testament of said Decedent; and WHEREAS, said Executor has entered upon and completed his administration of said Decedent's Estate as set forth in his First and Final Account attached hereto, and intends to distribute the net balance of the assets of said Estate to the persons named in the Statement of Proposed Distribution also attached hereto, both of said documents being incorporated herein by reference thereto; and NOW KNOW ALL MEN BY THESE PRESENTS, that we, Stephen H. Diehl and Michael S. Diehl, being the principal legatees and distributees named in the Will of said Decedent and the persons entitled to share in ,the residuary distribution of the E$tate of .' ~..;.) said Decedent, do hereby declare and say that we,'a.:qd eactl of us, , ",,",\ have examined the attached Account and StatementoC.~topQSed - C) Distribution, and find the same to be true and correGt, ~od in I ',.. ~ 'I <.0 1 ~...~) (..,>~l strict accordance with the terms and provisions of said Will, and we do hereby acknowledge that we, and each of us, this day have, had and received of and from Stephen H. Diehl, Executor of the Estate of Jacqueline L. Diehl, the cash, personalty and/or real estate set opposite our names in the above Statement of Proposed Distribution, in full satisfaction, payment and discharge of all such sum or sums of money, legacies and bequests, share or shares, purports and dividends which were due, owing and payable and belonging to us, and each of us, by any means whatsoever, for or on account of our full share; part or dividend of the Estate of Jacqueline L. Diehl, Deceased. NOW, THEREFORE, we, and each of us, the said Stephen H. Diehl and Michael S. Diehl, do by these presents, remise, release, quit-claim and forever discharge the said Stephen H. Diehl, his heirs, executors and administrators, of and from our said shares or dividends of the Estate aforesaid, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or of any act, matter, cause or thing whatsoever, from the beginning of the world to the day and date of these presents. AND, desiring to avoid the delay and expense of the settlement of said Estate by filing the foregoing Account of said administration in the Office of the Register of Wills of said Cumberland County and by having the balance in the hands of the Executor, as shown by said Account, distributed by the Court of LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 Common Pleas of Cumberland County - Orphans' Court Division, we, and each of us, do hereby agree that the foregoing Account and Statement concerning the matter of settlement may be recorded with the same effect upon us, and each of us, as if the same had been reported upon by said Court, in a decr~e of distribution made on such proposed Statement of Distribution by the said Court of Common Pleas - Orphans' Court Division. AND in consideration of the aforesaid settlement being made without the aid c~ such Coert of Cowmon Pleas Orphans' Court Division, that we, and each of us, the said Stephen H. Diehl and Michael S. Diehl~ do hereby agree that if any debts or demands other than those included in the above referenced First and Final Account, as hereinbefore set forth, shall be hereafter recovered against the Estate of said Decedent and be legally payable out of the same, that we, and each of us, will return to the said Executor such amounts thereof as may be necessary to pay such debts or demands. IN WITNESS WHEREOF, we have hereunto set our hands and sea13 this day of 2007. WITNESSED BY: ( SEAL) (SEAL) LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. 3 COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) On this the gg-Yr. day of 1\2CL~ 2007, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared Stephen H. Diehl, 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. ~~)A ~l~,,-~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal l.. Je~njfer A. Burns. Notary Public 'V1echanicsburg Boro, Cumberland County My Commission Expires Nov. 9,2008 Member, Pennsylvania Association of Notaries LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 COMMONWEALTH OF PENNSYLVANIA) COUNTY Ad AjJ.l~. On this the I SS. day of ~~Ph; 1 . 2007, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared Michael S. Diehl, 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 seal. COMMONIJIICALTH OF PENNSVLVANIA NOTARIAL SEAL Jessica M. Smith, Notary Public Conewago Twp., Adams County My Commission Expires Oct. 30, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 5 ESTATE NO. 21-06-0534 FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION OF AND BY STEPHEN H. DIEHL, EXECUTOR OF THE ESTATE AND UNDER THE LAST WILL AND TESTAMENT OF JACQUELINE L. DIEHL, DECEASED, LATE OF LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA tephen H. Diehl, Executor as aforesaid and Accountant herein, avers as follows: DATE OF DECEDENT'S DEATH: DATE LETTERS TESTAMENTARY ISSUED: June 8, 2006 June 16, 2006 DATES EXECUTOR NOTICE ADVERTISED: Cumberland Law Journal Patriot-News June 30, July 7, 14, 2006 . June 28, July 5, 12,2006 FIRST AND FINAL ACCOUNT . , PERSONAL TV - PRINCIPAL ACCOUNT DEBITS he Accountant charges himself with the receipt of the following items of Decedent's Personalty valued as of the date of Decedent's death: 1. Wilmington Trust Corp., 683 shares common stock valued at $42.57 per share 2. Citizens Bank, savings account #6243925426 3. Citizens Bank, checking account $6100705358 4. Comcast, refund on cable TV service 5. Household goods, retained by family 6. Patriot-News, refund on subscription 7. State Farm, refund unused premium. he Accountant charges himself with the following additional receipts: 8. Allstate, monthly annuity payments for June, July and August 2006 9. Verizon, refund on phone service 10. Home Depot, Inc., proceeds from 401K 11. Stephen Diehl, repayment of loan 12. Commonwealth of Pennsylvania, refund on Inheritance Tax TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, DEBITS: PERSONAL TV - PRINCIPAL ACCOUNT CREDITS LAW OFFICES SNELBAKER 8: BRENNEMAN, P.C. he Accountant claims credit for the payment of the following items from Decedent's Personalty Account: 1. Citizens Bank, A TM withdraw made prior to decedent's death at Holy Spirit Hospital 2. Hollinger Funeral Home, funeral services 3. Mike Diehl, reimburse for funeral flowers, luncheon and organist 4. Postmaster, postage 5. Vascular Associates, medical expenses. Page 1 $ 29,075.31 7,316.26 344.99 11.21 310.00 17.10 154.52 301.48 6.56 2,240.67 1,250.00 3.95 $ 41,032.05 $ 21.75 1,472.20 490.00 31.20 47.63 6. Verizon, phone service 7. Bon-Ton, payoff credit card 8. Emerge Visa, payoff credit card 9. PPL Electric, electric service 10. Country Walk Apartments, rent 11. ATM withdraw, funeral luncheon, postage and film 12. Register of Wills, Agent, estimated Inheritance Tax payment 13. A TM withdraw, reimburse for gas used in disposal of household goods and lunch afterwards 14. Michael Diehl, payment of Home Depot 401 K 15. Stephen Diehl, payment of Home Depot 401 K 16. Register of Wills, Agent, Inheritance Tax 17. Register of Wills, filing fee for Inheritance Tax Return 18. Stephen Diehl, loan from estate 19. Wlimington Trust Corp., loss on 1 sale of stock (date of death value was $42.57, sold at $41.50) 20. Merrill Lynch, costs charged for sale and transfer of stock 21. Per agreement between beneficiaries individuals will not be charged for household goods retained in kind 22. Snelbaker & Brenneman, P.C., attorney fees 23. Snelbaker & Brenneman, P.C., costs advanced: a. Register of Wills, probate fee b. Cumberland Law Journal, advertising Executor Notice c. Patriot-News, advertising Executor Notice 24. Reserve for filing fees, accounting fees and other costs associated with the administration of the Decedent's estate TOTAL, PERSONAL TV, PRINCIPAL ACCOUNT, CREDITS: PERSONAL TV . INCOME ACCOUNT DEBITS he Accountant charges himself with the receipt of the following income from the investment of Personalty Principal: 1. Wilmington Trust Corp., dividend TOTAL, PERSONALTY, INCOME ACCOUNT, DEBITS: PERSONAL TV . INCOME ACCOUNT CREDITS he Accountant claims credit for the payment of the following items from the Personalty Income Principal Account: 1. Citizens Bank, adjustment on accrued interest paid at closing TOTAL, PERSONALTY, INCOME ACCOUNT, CREDITS: REAL ESTATE. PRINCIPAL ACCOUNT DEBITS LAW OFFICES SNELBAKER & BRENNEMAN, P.C. he Accountant charges himself with the receipt of Decedent's Real Estate as follows: TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, DEBITS: Page 2 136.00 75.00 129.69 50.28 155.01 166.30 99.29 785.00 100.00 1,500.00 50.00 1,120.33 1,120.33 215.60 15.00 1,250.00 1.07 166.25 310.00 1,450.00 340.69 500.00 $ 11,457.93 $ 214.83 $ 214.83 $ $ 0.30 0.30 $ NONE $ NONE LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. REAL ESTATE - PRINCIPAL ACCOUNT CREDITS The Accountant claims credit for the payment of the following items from Real Estate Principal Account: TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, CREDITS: $ NONE $ NONE REAL ESTATE -INCOME ACCOUNT DEBITS he Accountant charges himself with the receipt of the income from the investment of Real Estate Principal Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, DEBITS: $ NONE $ NONE REAL ESTATE -INCOME ACCOUNT CREDITS he Accountant claims credit for the payment of the following items from the Real Estate Income Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, CREDITS: $ NONE $ NONE Page 3 PERSONAL TV: PRINCIPAL ACCOUNT: Debits Credits Balance INCOME ACCOUNT: Debits Credits Balance TOTAL PERSONAL TV REAL ESTATE: PRINCIPAL ACCOUNT: Debits Credits Balance INCOME ACCOUNT: Debits Credits Balance TOTAL REAL ESTATE: OTAl FOR DISTRIBUTION: LAW OFFICES SNELBAKER & BRENNEMAN. P.C. RECAPITULATION Page 4 $ 41,032.05 $ 11,457.93 $ 29,574.12 $ 214.83 0.30 $ 214.53 $ 29,788.65 $ NONE $ NONE $ NONE $ NONE $ NONE $ NONE $ NONE $ 29,788.65 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. STATEMENT OF PROPOSED DISTRIBUTION Stephen H. Diehl, Executor and Accountant herein, proposes to distribute the balance of the Estate of Jacqueline L. Diehl, Deceased, to wit: $29,788.65 in accordance with the last Will and Testament of said Decedent as follows: 1. Stephen H. Diehl 50% of residue as per Item 2A of Will a. Wilmington Trust Corp., 341 shares common stock, In-Kind b. Advance Distribution made 8/21/06 c. Cash Michael S. Diehl 50% of reSidue as per Item 28 of Will a. Wilmington Trust Corp., 341 shares common stock, In-Kind b. Advance Distribution made 8/21/06 c. Cash OTAl FOR DISTRIBUTION: Page 5 14,516.37 300.00 77.96 14,516.37 300.00 77.95 14,894.33 14,894.32 29,788.65 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. . COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Stephen H. Diehl. being duly sworn according to law deposes and says: that he is the Executor of the Estate and under the Last Will and Testament of Jacqueline L. Diehl, Deceased, and the Accountant herein; that there are no unpaid creditors or claimants of said Estate; that there are no persons interested in the distribution of said Estate other than as stated in the foregoing Statement of Proposed Distribution; and that the facts set forth in the foreqoing First and Final Account and Statement of Proposed Distribution are true and correct to the best of his knowledge, information an' ~, ~7J 0.:-* ." Stephen H. ehl Executor and Accountant Sworn to and subscribed before me thisao~ day of ~ 2007 ~N"LLC.~k-)A ~l ~ ~ r<' ~ ~ ~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jel')nifer A. Bums, Notary Public lIIechamcsburg 8oro, Cumberland County My Commission Expires Nov. 9, 2008 Member, Pe'1nsy!vania Association of Notaries Page 6