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Home My WebLink About10-16-08 (2)i ~-~i( y t ' ! ~ ~' ~ ~'~ FAMILY SETTLEMENT AND FINAL RELEASE "_' - r., ~.~ IN THE ~ _ ~ ' ESTATE OF RAYMOND E. KANE ~' ~ i ; ~ ' r-~ __., r' :.:~ _." KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Rayrx~ond`~~' E. Kane, late of Camp Hill Borough, Cumberland County, PennsyCv~ania, ~~:~' deceased, died on January 13, 2008, having first made his Last :Wil~ and -; Testament, which was duly executed on November 4, 2002, and is duly_~~corded --- in Cumberland County, Pennsylvania, Estate No. 2008-0095. "" WHEREAS, the said Raymond E. Kane, by the aforesaid Last Will and Testament, named Patrick M. Kane as Executor of said Last Will and Testament; and WHEREAS, Patrick M. Kane was duly appointed by the Cumberland County Register of Wills as the Executor of the Estate of Raymond E. Kane on January 25, 2008; and WHEREAS, the said Executor has gathered the assets of the estate of the said decedent and the assets consist of real property and personal property to a total value of $380,024.70 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, to a total amount of $93,830.21, 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 Raymond E. Kane of $286,194.49, 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 I, Patrick M. Kane, Executor of the Estate of Raymond E. Kane, and Meghan J. Nease, Kevin T. Kane and Dennis J. Kane, 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 .. D... 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 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 ~ IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~~day of (~- ~,-~~ h~> ~ , 2008. WITNESS: ~~. ~~ atrick M. Kane, xecutor /~ V' atrick M. Kane COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Lsll 6'V! ~7~ '1~ I L~ ~ ~~ On this ~'~~ ~ ~ da of ~~ ~ ~ , y C.~ ~j ~ Y'~ 2008, before me, the undersigned officer, personally appeared PATRICK M. KANE, individually and as Executor of the Estate of Raymond E. Kane, 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. `' Nota Public r:~ ~ ~ .'= w~~~ 0 9~~ z ~~ ~)f ~ '~ ',~ e:._. S ~ EPHA,h~IE ~A ~~?C~tR iVotan,+ Fubii~ C~~mp Hill i3or~~., Ci.~mberl~nd County Ply i ~m~ ?~ian ~:r,irr~s Cctc~er 31, 2009 3 ,;, ;_ IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~~ day of (~ L-IZ ~~-'1~ , 2008. WITNESS: Meg n J ease C~ MtJ. STATE OF ~(~ ~-'I V1 ~t% ~ V/~~q ~ ~~ . SS. COUNTY OF ___ (;Q,1 vv~ heY ~Gfi~ ~~ On this ~ ~ ~~~ day of ~~ ~~Z+ ~L1~ 008, before me, the undersigned officer, personally appeared MEGHAN J. NESS, 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. Nota Public c~ca~r s~~~= ~ - ~r~.~~r~r,~sn, S7EP~d~MiE M. MILER, ~lotary Public Camp Hill Boro., Cumberland Courty Mp Comm'sssion Expires G~ctober 31, 2009 4 C l ~ IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of (C-~-t, (~`-~ , 2008. WITNESS: ~~ Kevin T. Kane (~ .. STATE OF I (' !/11/'s~`~ ~ V~~I f (~ SS. COUNTY OF (;~{ d ~ h~-~1~ ~(~ ytG~ . On this ~~~ ~'~ day of ~, ~.~ j~je~~Y , 2008, before me, the undersigned officer, personally appeared KEVIN T. KANE, 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. ~ ~' Nota Public ....~... ._ .. _. __.,.s. ~. %41j.P, Si'',.-PN.-^j~*JIE ~1/!. RIC~t~R, iVoto~y l~uhlio Gc:~a tiii# t3~r+~„ Ctmberlrnd Go~vnty M~ GQ{?P~,ii? ~1Q.`1 ~_{~~.ii:i i v`..~fi~~iP!' ~~, !vQ~ M ~r~...,.e ................e~,._...._~.~_.»._._.Y....~~.~..~e.,s,~..~., 5 IN WITNESS WHEREOF, we have hereunto set our hands and seals this c j ~ ~ day of (~ ~-~t> ~r ~' , 2008. WITNESS: Dennis J. Kane COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~.1.~. ~ ~'?~` i'~ ~C~ !/~C'~ On this C ~ ~ day of G ~-fi ~~e ~ , 2008, before me, the undersigned officer, personally appeared DENNIS J. KANE, 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. '~ /~1. Nota Public ~, ~ ~~ .~ i rte., C < <~~~~ nand Cot:rs+~+ 6 FIRST AND FINAL ACCOUNT OF THE ESTATE OF RAYMOND E. KANE, LATE OF COMP HILL BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: 01/13/2008 PRINCIPAL ACCOUNT DEBITS: Your Accountant charges himself with the following: Real Property Value 106 South 36th Street, Camp Hill, PA $24,000.00 Personal Property M & T Bank -Checking Account $29,245.03 Household Furnishings $680.00 Comcast Refund $25.77 1989 Honda Accord $1,200.00 Highmark Blue Shield -Insurance Proceeds $1,397.41 Civil Service -Death Benefit $1,070.01 United States Treasury -Tax Rebate $600.00 Charles Schwab -Schwab One $145,237.47 The Hartford - Nonqualified Annuity $37,801.27 Sovereign Bank IRA CD $15,421.54 Charles Schwab Contributory IRA $36,573.42 Savings Bonds - EE & I Bonds $61,396.16 Prudential Stock - 100 Shares $7,949.04 Interest Earned by Estate $46.83 Dividends Earned by Estate $458.74 Civil Service -Life Insurance $11,273.58 Decrease in value of Hartford Annuity -$1,823.18 from date of death Increase in value of Sovereign IRA $122.91 from date of death Refund from Inheritance Taxes 812,996.91 Decrease in value of Charles Schwab account _- 5 643.21 TOTAL PRINCIPAL DEBITS $380,024.70 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Musselman Funeral Home - $9,307.87 Funeral Bill/Opening of Gravesite Cantones Restaurant -Funeral Reception $1,350.00 Diocese of Harrisburg -Headstone $1,450.00 Law Offices of Craig A. Diehl -Attorney's Fees $10,877.91 Register of Wills -Probate Fee $414.00 Cumberland Law Journal -Estate Advertisement $75.00 Law Offices of Craig A. Diehl Reimbursement for certified mail for DPW $5.21 The Sentinel -Estate Advertisement $166.60 Hardy's Auction Service -Appraisal Fee $50.00 Camp Hill Borough -Sewer/Refuse $52.50 Erlich -Termite Treatment $1,524.28 Register of Wills, Cumberland County $24.00 Additional Short Certificates Janet L. Miller, Tax Collector -Local Tax $4.90 Janet L. Miller, Tax Collector - 2008 County Real Estate Taxes $675.95 Lewis Buchanan, Inc. -Plumbing Repairs $412.00 Filing Fee for Pennsylvania Inheritance Tax Return $15.00 Filing Fee for Family Settlement Agreement $20.00 West Shore EMS -Ambulance Service $233.35 Verizon -Telephone Bill $21.42 Manor Care -Nursing Home Bill $1,627.00 Camp Hill Borough -Sewer/Refuse $52.50 Nephrology Associates of Pennsylvania -Physician Bill $30.34 Quantum Imaging - X-rays $38.32 U.S. Treasury - 2007 Federal Tax Liability $426.00 Nephrology Associates of Pennsylvania -Physician Bill $24.78 Quantum Imaging - X-rays $8.54 MCI -Telephone Bill $10.73 Kemper -Insurance Bill $128.74 Susquehanna Internal Medicine -Physician Bill $15.66 Highmark Blue Shield -Insurance Refund $1,397.41 Verizon -Telephone Bills $289.68 UGI -Gas Bills $1,063.44 PP&L -Electric Bills $205.06 EXHIBIT B Pennsylvania Water Company -Water Bill Penn Waste -Refuse Bill Register of Wills, Cumberland County - Estimated PA Inheritance Tax Payment Fine Art Photo - DVD of Ray's Life FIA Card Services -Credit Card Bill Comcast -Cable Bill $185.77 $97.50 $60,000.00 $1,079.34 $416.08 $53.33 TOTAL PRINCIPAL CREDITS $93,830.21 Principal Debits RECAPITULATION $380,024.70 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: $286,194.49 Patrick M. Kane Cash Distribution $55,099.93 Chas. Schwab IRA 9,143.36 Personal Property 170.00 Tax Refund 3,249.23 IRA 15,544.45 $ 83,206.97 Meghan J. Neese Cash Distribution $55,099.93 Chas. Schwab IRA 9,143.36 Personal Property 170.00 Tax Refund 3,249.22 $ 67,662.51 Kevin T. Kane Cash Distribution $55,099.93 Chas. Schwab IRA 9,143.35 Personal Property 170.00 Tax Refund 3,249.23 $ 67,662.51 Dennis J. Kane Cash Distribution $55,099.92 Chas. Schwab IRA 9,143.3 5 Personal Property 170.00 Tax Refund 3,249.23 $ 67,662.50 TOTAL FOR DISTRIBUTION PURSUANT TO LAST WILL AND TESTAMENT OF RAYMOND E. KANE $286,194.49 EXHIBIT D Balance to be Distributed Pursuant to Family Settlement Agreement $286,194.49 Minus: Charles Schwab IRA previously distributed $ 36,573.42 $249,621.07 Minus: Pennsylvania Inheritance Tax Refund $ 12,996.91 $236,624.16 Minus: Household Furnishings $ 680.00 $235,944.16 Minus: IRA Distributed $ 15,544.45 ~220,~99.71 Bank Balance as of 9/30/08 $228,817.83 To Be Paid: Law Offices of Craig A. Diehl $8,383.12 Filing Fees 35.00 $ 8,418.12 X220,399.71