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HomeMy WebLinkAbout01-15-08 FAMilY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF WilliAM R. SPANGLER ~?(~ I r.....) " ") c":) ~--_.. -. -I c 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 cl\-^.. 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.) 2 lL IN WITNES~ WHEREOF, we have hereunto set our hands and seals this day of , 24,.fUM7 ' 2008. WITNESS: c-~~evJO/c ~~ 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 ~'7' v [lM,. 'A /" ~ No ~.~ IiC~ . U 3 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 ,? /' --' .: / .., .I .//? cElli:. --/ l~ / /,/ /" By: (L~.I.J./~ ~;tV~ ~I ,M-_I.. ,-- COMMONWEALTH OF PENNSYLVANIA I' ' I . j COUNTY OF (11In()[/,{tUUL SS. i lyit 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 ~ N ta ' f bD~/, 4 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 itJG~ Notary p~ ict. 5 IN WITNl=SS WHEREOF, we have hereunto set our hands and seals this -IJ- day of", ~/f/Jt / ,2008. -_..,,~ WITNESS: ~~ / arry Json 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 NotWW- 6 IN WIT~ESS WHEREOF, we have hereunto set our hands and seals this .)L da~ of/t'-1<n , 2008. '-.._, .// WITNESS: // 'lad;/ 7r 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 ~~~ Not / ub~c ". ~ 7 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