HomeMy WebLinkAbout01-15-08
FAMilY SETTLEMENT AND FINAL RELEASE
IN THE
ESTATE OF WilliAM R. SPANGLER
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KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, William R.f,")
Spangler, late of Mechanicsburg Borough, Cumberland County, Pennsylvania,
deceased, died on June 25,2007, having first made his Last Will and Testament,
which was duly executed on June 12, 2007, and is duly recorded in Cumberland
County, Pennsylvania, Estate No. 21-07-0633.
WHEREAS, the said William R. Spangler, by the aforesaid Last Will and
Testament, named Timothy J. Spangler as Executor of said Last Will and
Testament; and
WHEREAS, the said Executor has gathered the assets ot'the estate of the
said decedent and the assets consist of real and personal property to a total
value of $304,742.71 as set forth in Exhibit "A", which is attached hereto and
made a part hereof; and
WHEREAS, the said Executor has paid all debts and deductions of the
estate, including the payment of inheritance tax to the Pennsylvania Department
of Revenue, for a total amount of $67,226.82, also as set forth in the statement of
the said Executor which is attached hereto and made a part hereof, and marked
Exhibit "B"; and
WHEREAS, after the gathering of assets and payment of all debts and
deductions by the Executor there remains a balance for distribution in the Estate
of William R. Spangler of $237,515.89, as set forth more particularly in Exhibit
"C" of the statement of the said Executor, which is attached hereto and made a
part hereof.
NOW THEREFORE, KNOW YE, that we, Timothy J. Spangler, York
County Area Agency on Aging, Northeastern Area Social Services Center, and
Harry and Shirley Johnson, being all of the residuary heirs under the Last Will
and Testament of the said decedent and being the persons entitled to inherit
under said Last Will and Testament, do hereby acknowledge that we have this
day had and received from the aforesaid Executor, in full satisfaction and
payment of all sum or sums of money, legacies, bequests, and devises as are
given, devised and bequeathed to us by the said Last Will and Testament, which
amount we have received' this day, and which is the amount set opposite our
names in the table and schedule of proposed distribution in said statement
attached hereto and marked Exhibit "0";
AND, we do hereby stipulate that in order to avoid the expense and time
involved in the filing of a formal account and schedule of distribution, we agree
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that no account is necessary and we hereby agree and consent to distribution
being made without the filing of an account and schedule of distribution, the
same to be with the same force and effect as if it had been filed and confirmed by
the Orphans' Court Division of the Court of Common Pleas of Cumberland
County.
THEREFORE, we do hereby remise, release, quitclaim and forever
discharge the said Executor, his heirs, executors, administrators and assigns, of
and from the said estate and from all actions, suits, payments, accounts,
reckonings, claims and demands whatsoever, touching upon the estate of said
decedent, and we do further hereby covenant and agree that we will contribute
our share of the estate to satisfy any and all claims, demands, suits, or causes of
action which may be successfully prosecuted against the said estate or the
aforesaid Executor after the signing, sealing and delivery of this family settlement
agreement and final release.
FURTHER, we, the beneficiaries, do hereby release, forever discharge.
and hold harmless Counsel, and his predecessors, successors, affiliates,
assigns, either in the course of their employment or as individuals outside the
course and scope of their employment or in any other capacity, as and from any
and all actions, and causes of action, claims, demands, damages, attorneys'
fees, costs, loss of services, expenses, compensation, suits, debts, documents,
bonds, covenants, contracts, agreements and judgments of whatsoever kind, at
law or in equity, on account of, or in any way growing out of Counsel's
representation of the Executor and the Estate of the Decedent. Each Beneficiary
further agrees and covenants that, neither they, nor any other person,
organization or other entity on their behalf will file, charge, claim, sue or cause to
permit to be filed, charged or claimed any action for damages, injunctive,
declaratory, monetary relief, equitable relief, or otherwise against Counsel, and
its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents,
directors, officers, partners, attorneys, employees and insurers involving any
matter arising from Counsel's representation of Executor and the Estate of the
Decedent.
(This space left intentionally blank.)
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lL IN WITNES~ WHEREOF, we have hereunto set our hands and seals this
day of , 24,.fUM7 ' 2008.
WITNESS:
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Timothy J. Sp~ r · .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~jlLmbt y{juJ.
SS.
On this / fPl day of , 2008, before me,
the undersigned officer, personally a peared TIMOTHY J. SPANGLER,
individually and as Executor of the Estate of William R. Spangler, and known to
me (or satisfactorily proven) to be the individual whose name is subscribed to the
foregoing instrument, and acknowledged that he executed the same for the
purposes therein contained.
COMMONWEAL. TH OF PENNSY&.:
Notarial S8aI
Laoy A. Jay, Notary Public
Camp Hili Boro, Cumberland CoII1ty
My Commission Expires Feb. 17,2010
Member, Pennsylvania Association of Notartes
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IN WIT ESS WHEREOF, we have hereunto set our hands and seals this
~ day of Ii ,.;.I~ ~ , 2008.
WITNESS:
YORK COUNTY AREA AGENCY
ON AGING
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By: (L~.I.J./~
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF (11In()[/,{tUUL
SS.
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On this ~ day of , 2008, before me,
the undersigned officer, personally ag eared ICl7tltll VI -1 ,
representative of YORK COUNTY AREA AGENCY ON AGING, individ Iy, and
known to me (or satisfactorily proven) to be the individual whose name is
subscribed to the foregoing instrument, and acknowledged that he/she executed
the same for the purposes therein contained.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Lacy A Jay, Notary Public
Camp HiI Boro, Cumbeltand County
MyCommlssion Expires Feb. 17,2010
Member. Pennsylvania Association of Notaries
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IN WITNESS WHEREOF I we have hereunto set our hands and seals this
_ day of I - / / - , 2008.
WITNESS:
NORTHEASTERN AREA SOCIAL
SERVICES CENTER
By: ~,.iJ~~ 9d~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cltln/~Y(~
SS.
On this //l/iL day of , 2008, before me,
the undersigned officer, personally a peared Y, ,
representative 'of NORTHEASTERN AREA SOCIAL SERVICES CE ER,
individually, and known to me (or satisfactorily proven) to be the individual whose
name is subscribed to the foregoing instrument, and acknowledged that he/she
executed the same for the purposes therein contained.
COMMONWEALTH OF PENNSYLVANIA
Notarial SeaJ
Lacy A Jay, Notary Public
Camp Hi~ ~ro, Cumber1and County
My ComOlJSSlOn Expires Feb. 17, 2010
Member, Pennsylvania Association of Notaries
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Notary p~ ict.
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IN WITNl=SS WHEREOF, we have hereunto set our hands and seals this
-IJ- day of", ~/f/Jt / ,2008.
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WITNESS:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (itrnJ:3cfilut.)
SS.
On this ~ day of rJ~ ' 2008, before me,
the undersigned officer, personally appear HARRY JOHNSON, individually,
and known to me (or satisfactorily proven) to be the individual whose name is
subscribed to the foregoing instrument, and acknowledged that he executed the
same for the purposes therein contained.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Lacy A. Jay, Notary Public
Camp Hill Boro, CumbeI1and County
My Commission Expires Feb. 17,2010
Member. Pennsylvania Association of Notaries
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IN WIT~ESS WHEREOF, we have hereunto set our hands and seals this
.)L da~ of/t'-1<n , 2008.
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WITNESS:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (jurzIxIMd~/
On this J.!!:!... day of C)/1/lIt..IU'0 , 2008, before me,
the undersigned officer, personally appeared, IRLEY JOHNSON, individually,
and known to me (or satisfactorily proven) to be the individual whose name is
subscribed to the foregoing instrument, and acknowledged that she executed the
same for the purposes therein contained.
SS.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
l..acy A. Jay, Notary Public
Camp Hill Borc, Cumbertand County
My Commission Expires Feb. 17,2010
Member, Pennsylvania Association of Notaries
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FIRST AND FINAL ACCOUNT OF THE
ESTATE OF WILLIAM R. SPANGLER
LATE OF MECHANICSBURG BOROUGH,
CUMBERLAND COUNTY, PENNSYLVANIA
DATE OF DEATH: JUNE 25, 2007
PRINCIPAL ACCOUNT
DEBITS:
Your Accountant charges himself with the following:
Real Property
Real property situate at 5945 Susquehanna Trail,
Manchester, P A 17345
Personal Property
Fulton Bank - Checking Account
Fulton Bank - C.D. #000-0075892
Fulton Bank - C.D. #000-0083849
Fulton Bank - C.D. #000-0105446
Fulton Bank - C.D. #000-0132328
Fulton Bank - C.D. #514-0167591
Fulton Bank - Checking Account #0002-62226
Fulton Bank - IRA #1919524
Real Estate Tax Reimbursement
DWS Scudder U.S. Government Securities Fund
Members 1st FCU - C.D. #305285-40
U.S. Savings Bonds - HH Bonds, E/EE Bonds
Property Tax Rebate
Fulton Bank - Undeposited interest check
DWS Scudder - Undeposited dividend check
Verizon - Refund of telephone bill
TOTAL PRINCIPAL DEBITS
EXHIBIT A
Value
$ 59,000.00
Value
$ 5,331.80
$ 1,026.58
$ 5,035.08
$ 2,027.50
$ 5,028.00
$ 10,166.07
$ 12,705.75
$ 25,681.12
$ 1,253.67
$ 14,094.46
$ 47,305.78
$115,810.24
$ 500.00
$ 167.93
$ 56.90
$ 1.83
$245,742.71
$304,742.71
CREDITS
Your Accountant asks credit for payments made from Principal Account as
follows:
Description
Law Offices of Craig A. Diehl - Craig A. Diehl, Esquire $
Cumberland County Register of Wills - Probate Fees $
Cumberland Law Journal - Estate advertisement $
The Sentinel - Estate advertisement $
Knapers Stop & Go - Portable toilet for estate sale $
William Little - Funeral Home - Advertising Expense $
Law Offices of Craig A. Diehl - certified mail for DPW letter $
Cumberland County Register of Wills - Filing Fee for PA
1500 Return
Cumberland County Register of Wills - Filing Fee for
Family Settlement Agreement
Elmwood Center Medical Associates - Medical bill
MetEd - Electric bill
Jatmon Ent., Inc. - Ambulance bill
HealthSouth - Medical bill
Claremont Nursing & Rehab Center - Nursing home bill
PA Department of Revenue - Realty Transfer Tax
School Real Estate Taxes
Faye Bowman - Nursing care
Pharmacies - Pharmacy bill
Liberty Mutual Insurance Co. - Property insurance
Department of Treasury - Return of U.S. Savings Bonds
proceeds issued in error
Register of Wills, Agent - Inheritance tax
TOTAL PRINCIPAL CREDITS
EXHIBIT B
Amou nt
9,305.04
360.00
75.00
209.50
84.80
220.00
5.21
$
15.00
$ 20.00
$ 1.61
$ 61.65
$ 119.50
$ 17.00
$ 4,005.00
$ 590.00
$ 1,308.97
$ 60.00
$ 299.04
$ 56.00
$39,334.36
$11,079.14 .
$67,226.82
RECAPITULATION
Principal Debits
$304,742.71
$ 67,226.82
Principal Credits
BALANCE AVAilABLE FOR DISTRIBUTION
FROM ESTATE OF WilliAM R. SPANGLER
PURSUANT TO lAST Will AND TESTAMENT
$237,515.89
EXHIBIT C
SCHEDULE OF PROPOSED DISTRIBUTION
The Personal Representative proposes distribution of the Balance for Distribution
to the following heirs as described:
Balance Available per First and Final Account:
Less Fulton Bank-IRA #1919524
(Timothy J. Spangler sole beneficiary)
Less Fulton Bank - jointly owned
$237,515.89
- 25,681.12
- 12,705.75
Residual Estate for Distribution:
$199,129.02
$ 9,956.45
$ 9,956.45
$ 9,956.45
$169,259.67
York County Area Agency on Aging
Northeastern Area Social Services Center
Harry and Shirley Johnson
Timothy J. Spangler
TOTAL FOR DISTRIBUTION PURSUANT
TO LAST WILL AND TESTAMENT OF
WilLIAM R. SPANGLER
$199,129.02
EXHIBIT D