HomeMy WebLinkAbout12-16-08 (2)IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION ~?o W
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ESTATE OF DAVID LEE MAYS, DECEASED ~: ~~ ~ ~ ~'
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FILE N0.21-08-0666 ,
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FAMILY AGREEMENT AND FINAL RELEASE ~ ~~ N
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THIS AGREEMENT by and between WANDA LOU MAYS, as Executrix of the E'sTate
of DAVID LEE MAYS, Deceased, and WANDA LOU MAYS, GREGORY PAUL MAYS,
ERIC S. MAYS, LORI E. WEAVER, DENISE L. MAYS, and MARK A. MAYS, as parties
in interest.
WHEREAS, DAVID LEE MAYS, late of West Pennsboro Township, Cumberland
County, Pennsylvania, died testate on November 1, 2007, having first made his Last Will and
Testament dated July 9, 1992, which instrument was admitted to probate and is recorded in
Cumberland County Courthouse, Register of Wilts, File No. 21-08-0666;
WHEREAS, WANDA LOU MAYS has been duly appointed as Executrix of the Estate
of David Lee Mays, Deceased; and
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WHEREAS, the parties in interest under the Last Will and Testament of David Lee Mays,
Deceased, aze:
1. Wanda Lou Mays, wife;
2. Gregory Paul Mays, nephew;
3. Eric S. Mays, nephew;
4. Lori E. Weaver, niece;
5. Denise L. Mays, niece; and
6. Mark A. Mays, niece.
Page 1 of 5
V U
WHEREAS, WANDA LOU MAYS is entitled to all of the rest, residue and remainder of
the Estate;
WHEREAS, GREGORY PAUL MAYS is entitled to a specific bequest of ONE
THOUSAND DOLLARS ($1,000) and upon receipt thereof signed a Receipt, Release and
Indemnification Agreement. Said Receipt, Release and Indemnification Agreement is attached
hereto and made a part hereof and marked Exhibit A;
WHEREAS, LORI E. WEAVER is entitled to a specific bequest of ONE THOUSAND
DOLLARS ($1,000) and upon receipt thereof signed a Receipt, Release and Indemnification
Agreement. Said Receipt, Release and Indemnification Agreement is attached hereto and made a
part hereof and marked Exhibit B;
WHEREAS, MARK A. MAYS is entitled to a specific bequest of ONE THOUSAND
DOLLARS ($1,000) and upon receipt thereof signed a Receipt, Release and Indemnification
Agreement. Said Receipt, Release and Indemnification Agreement is attached hereto and made a
part hereof and marked Exhibit C;
WHEREAS, DENISE L. MAYS is entitled to a specific bequest of ONE THOUSAND
DOLLARS ($1,000) and upon receipt thereof signed a Receipt, Release and Indemnification
Agreement. Said Receipt, Release and Indemnification Agreement is attached hereto and made a
part hereof and marked Exhibit D;
WHEREAS, ERIC S. MAYS is entitled to a specific bequest of ONE THOUSAND
DOLLARS ($1,000) and upon receipt thereof signed a Receipt, Release and Indemnification
Agreement. Said Receipt, Release and Indemnification Agreement is attached hereto and made a
Page 2 of 5
part hereof and marked Exhibit E;
WHEREAS, each of the parties to this Agreement have been furnished with a complete
listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as
attached hereto and marked as Exhibit F;
WHEREAS, it is the desire of the parties to this Agreement that final distribution of this
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;
WHEREAS, the parties to this Agreement each acknowledge to have received a proposed
Schedule of Distribution attached hereto and marked as Exhibit F.
NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises,
covenants and agreements recited herein, the parties do agree as follows:
WANDA LOU MAYS, Executrix, does hereby state that she has fully and
faithfully discharged the duties of her office, and the Statement of Account (Exhibit F) is true and
con•ect and fully discloses all significant transactions during the accounting period. She further
states that all known claims against the Estate have been paid in full, and to the best of her
knowledge there are no claims outstanding against the Estate and all taxes presently due from the
Estate have been paid.
Each of the parties to this Agreement does hereby release and forever discharge
the said Executrix, WANDA LOU MAYS, her heirs, executors, administrators and assigns,
JAN L. BROWN & ASSOCIATES, attorneys at law, and JACQUELINE A. KELLY,
Page 3 of 5
ESQUIRE, and JAN L. BROWN, ESQUIRE from any and all liability which may from time to
time arise in connection with their service as Executrix and Attorneys of the Estate of David Lee
Mays, Deceased. The parties do further agree to indemnify and hold them harmless from any and
all liability which may arise against the estate from creditors or claimants.
3. Each of the parties does hereby acknowledge receipt of the assets described on the
Schedule of Distribution attached hereto.
4. Each of the parties acknowledges that this Agreement shall be indexed and
recorded in the estate proceedings and that the terms hereof shall be binding upon their respective
heirs, successors, administrators and assigns.
5. Each of the parties do further agree with each other and the aforesaid Executrix
that should any liability come due to the estate of the said decedent after the signing of this
Agreement, each will contribute pro rata his/her 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 Executrix after the signing, sealing and delivery of this Agreement.
6. This Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
Page 4 of 5
7'1~-
IN WITNESS WHEREOF, I have hereunto set my hand and seal this __~~ _ day of
~~C ~ ir-~1~~-, 2008.
WITNESS:
WANDA LOU MAYS, Executrix
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this the t ~~ day of ~ 2(-Z~~.~k,f , 2008 before me, a Notary
Public, the undersigned officer, personally appeared WANDA LOU MAYS, 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.
,' ~i ~C~-~:1~
Notary ubiic
NOTARIAL SEAL
JACQUELINE A KELLY
Notary Publlc
CITY OF HARRISBURG, DAUPHIN COUNTY
My Commisslon Expires Dec 17, 2011
Page 5 of 5
IN THE MATTER OF THE ESTATE : IN THE COURT OF COMMON PLEAS
OF DAVID LEE MAYS, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
N0.21-08-0666
RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT
WHEREAS, DAVID LEE MAYS during his lifetime executed a Last Will and
Testament on July 9, 1992; and
WHEREAS, pursuant to Item Second of the Last Will and Testament, the sum of One
Thousand Dollass ($1,000.00) was specifically bequeathed to the undersigned, GREGORY
PAUL MAYS, being a natural child of the late Ronald F. Mays, with a mailing address of 6457
Harbinger Lane, Dayton, Ohio 45449; and
WHEREAS, DAVID LEE MAYS died on November 1, 2007, and Letters Testamentary
were issued to WANDA LOU MAYS, on June 20, 2008.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
GREGORY PAUL MAYS, acknowledges receipt of the sum of One Thousand Dollars
($1,000.00), which constitutes a specific distribution of the bequest to which he is entitled under
the will of said decedent.
In consideration of which payment GREGORY PAUL MAYS does hereby forever
release and dischazge said Executrix and her heirs and personal representatives, together with
JAN L. BROWN & ASSOCIATES, attorneys at law, and specifically JACQUELINE A.
Page 1 of 2
EXHIBIT "A"
KELLY, ESQUIRE from any and all claims by it for further accounts, payments or distribution
concerning the said estate or arising out of the administration thereof.
IN WITNESS WHEREOF, the beneficiary has executed this Release this ~o day
of _ i~ .2008, intending to be legally bound hereby.
STATE OF OHIO
COUNTY OF
GREG P MAYS
SS:
On this the ,1C ~ day of C`C~ ~, :.~St , 2008, before me, the
undersigned officer, personally appeared GREGORY PAUL MAYS, 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.
r
Not~y Public
JANE E. WOOD, Notary trublle
In and for the Shte of Ohb
h1y Commissbn Ezpirce teb.13, 2012
Page 2 of 2
IN THE MATTER OF THE ESTATE : IN THE COURT OF COMMON PLEAS
OF DAVID LEE MAYS, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
N0.21-OS-0666
RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT
WHEREAS, DAVID LEE MAYS during his lifetime executed a Last Will and Testament
on July 9, 1992; and
WHEREAS, pursuant to Item Second of the Last Will and Testament, the sum of One
Thousand Dollars ($1,000.00) was specifically bequeathed to the undersigned, LORI E.
WEAVER, being a natural child of the late Ronald F. Mays, with a mailing address of 109
Beatrice Drive, Dayton, Ohio 45404; and
WHEREAS, DAVID LEE MAYS died on November 1, 2007, and Letters Testamentary
were issued to WANDA LOU MAYS, on June 20, 2008.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
LORI E. WEAVER, acknowledges receipt of the sum of One Thousand Dollars ($1,000.00),
which constitutes a specific distribution of the bequest to which she is entitled under the will of
said decedent.
In consideration of which payment LORI E. WEAVER does hereby forever release and
discharge said Executrix and her heirs and personal representatives, together with JAN L.
BROWN & ASSOCIATES, attorneys at law, and specifically JACQUELINE A. KELLY,
Page 1 of 2
EXHIBIT "B"
ESQUIRE from any and all claims by it for further accounts, payments or distribution concerning
the said estate or arising out of the administration thereof.
IN WITNESS WHEREOF, the beneficiary has executed this Release this ~1-day
of ) T , 2008, intending to b~
STATE OF OHIO
COUNTY OF
SS:
On this the qT~ day of ~U~s-L[ ~ l , 2008, before me, the
undersigned officer, personally appeared LORI E. WEAVER, 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.
otar~ ublic
t/~Xp; SEPT. BLS, ~oi,~
Page 2 of 2
IN THE MATTER OF THE. ESTATE : IN THE COURT OF COMMON PLEAS
OF DAVH) LEE MAYS, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
N0.21-0&0666
RECEII'T, RELEASE AND INDEMNIFICATION AGREEMENT
WHEREAS, DAVID LEE MAYS during his lifetime executed a Last Will and Testament
on July 9, 1992; and
WHEREAS, pursuant to Item Second of the Last Will and Testament, the sum of One
Thousand Dollars ($1,000.00) was specifically bequeathed to the undersigned, MARK A.
MAYS, being a natural child of the late Ronald F. Mays, with a mailing address of 714 Dustin
Court, Tipp City, Ohio 45371; and
WHEREAS, DAVID LEE MAYS died on November 1, 2007, and Letters Testamentary
were issued to WANDA LOU MAYS, on June 2Q 2008.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
MARK A. MAYS, acknowledges receipt of the sum of One Thousand Dollars ($1,000.00),
which constitutes a specific distribution of the bequest to which he is entitled under the will of
said decedent.
In consideration of which payment MARK A. MAYS does hereby forever release and
discharge said Executrix and her heirs and personal representatives, together with JAN L.
BROWN & ASSOCIATES, attorneys at law, and specifically JACQUELINE A. KELLY,
Page 1 of 2
EXHIBIT "C"
ESQUIRE from any and all claims by it for further accounts, payments or distribution concerning
the said estate or arising out of the administration thereof.
IN WITNESSyWHEREOF, the beneficiary has executed this Release this / 9 ~ day
of ~ I , 2008, intending to be legally bound hereby.
S
A. MAYS
STATE OF OHIO
ss: a~~ ~-5~'8•, tS~~
COUNTY OF ~1Ql.lvl,l
On this the / 9~ day of ~.~,.r , 2008, before me, the
undersigned officer, personally appeared MARK A. MAYS, 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.
Notary Public
BILUE J. DRiNKL1AN
Notary Public, State of Ohio
MY Commleslon Expitle Apt1125, 2010
Page 2 of 2
IN THE MATTER OF THE ESTATE : IN THE COURT OF COMMON PLEAS
OF DAVID LEE MAYS, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
NO.21-OS-0666
RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT
WHEREAS, DAVID LEE MAYS during his lifetime executed a Last Will and Testament
on July 9, 1992; and
WHEREAS, pursuant to Item Second of the Last Will and Testament, the sum of One
Thousand Dollars ($1,000.00) was specifically bequeathed to the undersigned, DENISE L.
MAYS, being a natural child of the late Ronald F. Mays, with a mailing address of 18 Colin Kelly
Drive, Dayton, Ohio 45431; and
WHEREAS, DAVID LEE MAYS died on November 1, 2007, and Letters Testamentary
were issued to WANDA LOU MAYS, on June 20, 2008.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
DENISE L. MAYS, acknowledges receipt of the sum of One Thousand Dollars ($1,000.00),
which constitutes a specific distribution of the bequest to which she is entitled under the will of
said decedent.
In consideration of which payment DENISE L. MAYS does hereby forever release and
discharge said Executrix and her heirs and personal representatives, together with JAN L.
BROWN & ASSOCIATES, attorneys at law, and specifically JACQUELINE A. KELLY,
Page 1 of 2
EXHIBIT "D"
ESQUIRE from any and all claims by it for further accounts, payments or distribution concerning
the said estate or arising out of the administration thereof.
IN WITNESS WHEREOF, the beneficiary has executed this Release this ~~ day
of ~ 2008, intending to be legally bound hereby.
~' _
DENISE L. MAYS
STATE OF OHIO
COUNTY OF
~a~ / " -~ ~ SS:
On this the ~ day of 2008, before me, the
undersigned officer, personally appeared DENISE L. MAYS, 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
,~~ a~ DEBORAH L MONIAq
NOTARY PUBLt0
* * (NAND FOR THE STATE OF OHIO
or,~~~~p MYCOMMISSIONEXPIRES
DECEMBER 30, 2012
Page 2 of 2
IN THE MATTER OF THE ESTATE : IN THE COURT OF COMMON PLEAS
OF DAVID LEE MAYS, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
NO.21-08-0666
RECEII'T, RELEASE AND INDEMNIFICATION AGREEMENT
WHEREAS, DAVID LEE MAYS during his lifetime executed a Last Will and Testament
on July 9, 1992; and
WHEREAS, pursuant to Item Second of the Last Will and Testament, the sum of One
Thousand Dollazs ($1,000.00) was specifically bequeathed to the undersigned, ERIC S. MAYS,
being a natural child of the late Ronald F. Mays, with a mailing address of 1119 Oakdale Avenue,
Dayton, Ohio 45420; and
WHEREAS, DAVID LEE MAYS died on November 1, 2007, and Letters Testamentary
were issued to WANDA LOU MAYS, on June 20, 2008.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
ERIC S. MAYS, acknowledges receipt of the sum of One Thousand Dollazs ($1,000.00), which
constitutes a specific distribution of the bequest to which he is entitled under the will of said
decedent.
In consideration of which payment ERIC S. MAYS does hereby forever release and
discharge said Executrix and her heirs and personal representatives, together with JAN L.
BROWN & ASSOCIATES, attorneys at law, and specifically JACQUELINE A. KELLY,
Page 1 of 2
EXHIBIT "E"
ESQUIRE from any and all claims by it for further accounts, payments or distribution concerning
the said estate or arising out of the administration thereof.
IN WITNESS WHEREOF, the beneficiary has executed this Release this ~_ day
of ~I,~~ , 2008, intending to be legally bound hereby.
1
ERIC S. MAYS
STATE OF OHIO
SS: ~,7~}- sl~ -/S~/
COUNTY OF ~O,.C ~L ~Q,
On this the day of G' 2008, before me, the
undersigned officer, personally appeared ERIC S. MAYS, 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.
Nota Public ~~r~
~ 1'~ ~,~~5`~, a n ~ (' `" " ",~ ~ 3 zc~~ l
Page 2 of 2
ESTATE OF DAVID LEE MAYS
DATE OF DEATH DEATH NOVEMBER 1, 2007
SUMMARY STATEMENT OF ACCOUNT
ACCOUNTING PERIOD 11/1/2007-12/12/2008
Assets -Schedule A
Income -Schedule B
Disbursements -Schedule C
Assets Available for Distribution
Distributions to Beneficiaries -Schedule D
Balance reserved for contingencies'
$ 51,968.66
$ 1,555.55
$ (2,571.41)
$ 50,952.80
49,952.80
1, 000.00
'The reserve balance will increase or decrease based on receipt of additional
assets/income, presentation of an obligation and/or payment of additional charges. The
reserve will be distributed to the residuary beneficiaries after applicable adjustments. After
final distribution is made, the residuary beneficiaries agree to reimburse the personal
representative if called upon to pay further liabilities of the decedent in the future.
iznzizoos Exhibit F
ESTATE OF DAVID LEE MAYS
DATE OF DEATH
NOVEMBER 1, 2007
ASSETS
SCHEDULE A
DESCRIPTION
CASH
M&T Bank; certificate of deposit, Account 031003913461643
M&T Bank; certificate of deposit, Account 031003913461685
Citizens Bank; certificate of deposit, Account 6245-539329
Citizens Bank; certificate of deposit, Account 6246-747286
Pentagon Federal Credit Union, Checking Account 215790
OTHER
1996 Ford Ranger (No resale value)
Miscellaneous deposit into M&T estate account
NONPROBATE ASSETS (deposited into estate account)
Citizens Investment Services Account L7C-009334, TOD Wanda Mays (gross proceeds)
Bank of America CD No. 68100100160754, ITF Wanda Mays (date of death value)
TOTAL ASSETS
VALUE AT
DATE OF DEATH
7, 583.64
6,505.83
12,629.30
8,692.10
1, 053.41
42.00
7,400.17
8, 062.21
$ 51,968.66
12112/2008
ESTATE OF DAVID LEE MAYS
DATE OF DEATH
NOVEMBER 1, 2007
INCOME
SCHEDULE B
DESCRIPTION
Interest Income
Citizens Bank; certificate of deposit 6245539329 $ 698.09
Citizens Bank; certificate of deposit 6246747286 $ 316.80
Bank of America; certificate of deposit 0754 $ 219.55
Pentagon Federal Credit Union; savings account 215790 $ 7.44
M&T Bank; certificate of deposit 031003913461643 $ 150.12
M&T Bank; certificate of deposit 031003913461643 $ 12.84
M&T Bank; certificate of deposit 031003913461685 $ 150.71
TOTAL INCOME
$ 1,555.55
t 2/12/2008
ESTATE OF DAVID LEE MAYS
DISBURSEMENTS
SCHEDULE C
DESCRIPTION CATEGORY
Cumberland Law Journal; legal advertising Adm $
The Sentinel; legal advertising Adm $
Bank of America; estate valuation Adm $
Deluxe Check; estate checks Adm $
Register of Wills; filing fee Guardian Petition Adm $
Register of Wills, Family Settlement Agreement filing fee Adm $
Register of Wills, Inventory and Inheritance Tax Return filing fees Adm $
Jan L Brown & Associates; legal fee Adm $
Register of Wills, Agent; inheritance taxes Tax $
TOTAL DISBURSEMENTS
AMOUNT
75.00
142.66
20.00
18.75
15.00
20.00
30.00
1, 500.00
750.00
$ 2,571.41
t 2/12/2008
ESTATE OF DAVID LEE MAYS
DATE OF DEATH
NOVEMBER 1, 2007
DISTRIBUTIONS TO BENEFICIARIES
ACCORDING TO TERMS OF WILL DATED JULY 9, 1992
SCHEDULE D
Gregory Paul Mays, nephew, specific bequest
Cash distribution made 8/27/08, ck 226 $ 1,000.00
Eric S. Mays, nephew, specific bequest
Cash distribution made 8/27/08, ck 227 $ 1,000.00
Lori E. Weaver, niece, specific bequest
Cash distribution made 8/27/08, ck 228 $ 1,000.00
Denise L. Mays, niece, specific bequest
Cash distribution made 8/27/08, ck 229 $ 1,000.00
Mark A. Mays, nephew, specific bequest
Cash distribution made 8/27/08, ck 230 $ 1,000.00
Wanda Lou Mays, wife, 100% residuary estate
Cash distribution on or after 12/15/08 $ 44,952.80
(includes nonprobate assets deposited into estate account)
TOTAL DISTRIBUTIONS
$ 49,952.80
$ 49,952.80
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