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Home My WebLink About09-16-09FAMILY SETTLEMENT AND FINAL RELEASE c~ - ~r rt':rlJl~~'u:'..~ v. ~~ IN THE 20Q9 SEP (6 PPI 12~ 39 ESTATE OF MATTHEW TIMINSKY CLERK CF KNOW ALL MEN BY THESE PRESENTS, THAT WHER~~~t~T Timinsky, late of Upper Allen Township, Cumberland County, Pennsy~{~ia~ ~sb~ • PA• died on December 7, 2008, having first made his Last Will and Testament, which was duly executed on November 14, 2008, duly recorded in Cumberland County, Pennsylvania, Estate No. 21-08-1283. WHEREAS, the said Matthew Timinsky, by the aforesaid Last Will and Testament, named Beth E. Fisher as Executrix of said Last Will and Testament; and WHEREAS, the said Executrix has gathered the assets of the estate of the said decedent and the assets consist of personal property for a total value of $864,741.47 as set forth in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, the said Executrix 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 $122,379.44, also as set forth in the statement of the said Executrix which is attached hereto and made a part hereof, and mazked Exhibit "B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Executrix there remains a balance for distribution in the Estate of Matthew Timinsky, as set forth more particularly in Exhibit "C" of the statement of the said Executrix, which is attached hereto and made a part hereof. NOW THEREFORE, KNOW YE, that we, Beth E. Fisher, Lynn A. Brislin, Meg H. Lombard, Nicholas M. Lombard and Maria H. Lombazd, 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 Executrix, 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 dischazge the said Executrix, her 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 Executrix 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 Executrix 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, subsidiazies, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Executrix and the Estate of the Decedent. (This space left intentionally blank.) 2 ~~- IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9 3 days` of September, 2009. WITNESS: ~~ ~ Beth Fisher, Executrix/Beneficiary STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this~'~d day of September, 2009, before me, the undersigned officer, personally appeazed Beth E. Fisher, 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. ' No y Public NOTARIAL SEAL DEBRA A. FIHE, NOTARY PUBUC Cltt OF HARRISBURG, DAUPHDI C0. MY COMMISSION IXPIRES OCT.24, 2009 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,3'`'~ day of September, 2009. WITNESS: ~_ A. Brislin, Beneficiary STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this ~ day of 2009, before me, the undersigned officer, personally appeared Lynn A. Brislin, 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. No Public - NGLARIAL SEAL DEBRA A. FIRE, NOTARY PUBUC Cltt OF HARRISBURG, DAUPHIN CO. MY COMMISSION E%PIRES OCT. 24, 2009 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of September, 2009. WITNESS: STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND `~2f1,~ - ~n-~a/~O~ Meg H. Lombard, Beneficiary SS. On this ~'Q`~ day of C,~,.at~ 2009, before me, the undersigned officer, personally appeared Meg H. Lombard, 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. No Public - NOTARIRL SEAL DEBRA A. FlKE, NOTARY PDBLIC Citt OF HARRISBURG, pAUPHil7 CO. N1Y COMMISSION EI(PIRES OCT. 24, 2009 5 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ p slday of September, 2009. WITNESS: ~"l ~ D Nicholas M. Lombard, Beneficiary STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this ~ day of ~sr~ ~~ 2009, before me, the undersigned officer, personally apps ed Nicholas M. Lombard, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowlcdgcd that he cxccutcd the samc for the purposes therein contained. t c COMMONWEAL 0 NBYWMNA N07 RU1L BEAT. PHILLIP C. IAMBARO, Notary Public 9toomaburg, Columbls Cowriy My Commission Expires Novsrnber28; 201 t IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~`~day of September, 2009. WITNESS: Mazia H. Lombard, Beneficiary STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this r y ~ day of ,~ep~[ 2009, before me, the undersigned officer, personally appear d Maria H. Lombard, 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. o y Pi is A~YA NOT PHIWPC. ~~~ ~9~ MY ConMnN~bn ExpYe~ November~~, 2011 7 FIRST AND FINAL ACCOUNT OF THE ESTATE OF MATTHEW TIMINSKY, LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DEBITS Your Accountant chazges herself with the following: Persoual Property Value Sale of Personal Residence $ 210,000.00 Reimbursement of Real Estate Taxes $ 2,343.12 Reimbursement of Refuse Chazges $ 84.58 Eleven (11) U.S. Savings Bonds Type E - $100.00 Denomination $ 4,731.52 Eleven (11) U.S. Savings Bonds Type E - $100.00 Denomination $ 5,583.48 Two (2) U.S. Savings Bonds Type HH - $5,000.00 Denomination $ 10,000.00 PNC Bank -Interest Checking Account $ 33,034.67 Refund from Wesley Village United Methodist Homes $ 2,088.00 Refund from Verizon $ 6.54 Veteran Benefit Burial $ 100.00 PNC Money Mazket Account (4 CD's) $ 130,843.56 Gross Proceeds from Public Auction $ 1,705.25 Refund from Auto Insurance Policy $ 24.00 Seven (7) $2.00 U.S. Dollar Bills $ 14.00 Three (3) $1.00 U.S. Silver Certificates $ 6.00 First National Bank Corporation Checking Account #701595019 $ 198.44 Refund from Montour Home Oil $ 811.99 Refund from Travelers Home Insurance $ 494.00 Auction of Antique Toys, Trains, and Games $ 3,457.00 Refund from PA Dept. of Revenue -Personal Income Tax $ 12.00 First National Bank Corporation Checking Account #101135960 $ 109,000.00 PNC Bank -IRA -Acct. #55001910198 $ 10,504.18 PNC Bank -IRA -Acct. #65000818103 $ 128,409.03 PNC Bank -IRA -Acct. #65000857650 $ 33,986.25 TransAmerica Life Insurance Company - Nonqualified Tax Deferred Annuity $ 176,261.90 Interest Earned by Estate $ 1,041.96 TOTAL PRINCIPAL DEBITS $ 864,741.47 EXHIBIT A CREDITS Your Accountant asks credit for payments made from Principal Account as follows: Description Amount Joseph E. Lehman Funeral Home -Funeral Expenses $ 8,093.00 Beth Fisher -Memorial Luncheon $ 600.00 Law Offices of Craig A. Diehl -Attorney Fees $ 19,000.00 Cumberland County Register of Wills -Probate Fees $ 518.00 PNC Bank -Estate Checks $ 16.99 Cumberland Law Journal -Estate Advertisement $ 75.00 The Sentinel -Estate Advertisement $ 174.58 Law Offices of Craig A. Diehl -Certified Mailing of DPW Letter $ 5.32 Aqua Pennsylvania -Sewer $ 387.33 PP&L -Electric $ 231.44 1-800-GOT-JiJNK -Remove Junk at Penn Lake Property $ 1,117.00 David Cordier -Consultation and Verbal Appraisals $ 50.00 Mazgo Beckerman, Tax Collector -Real Estate Taxes $ 1,194.06 Montour Home Comfort Services -Fuel Oil $ 1,623.98 Stanley Steamer -Carpet Shampoo $ 157.94 A Step Above Cleaning -Cleaning Service $ 100.00 Traveler's Indemnity -Home Insurance $ 693.00 Matt Hazkenreader -Lawn Maintenance $ 200.00 Slenzak, Inc. -Tree Removal $ 1,700.00 Slenzak,Inc.-Well Pressure Tank $ 796.00 Haaz's Auction -Auctioneer Fees $ 511.58 Cordier Antiques -Auction Advertising for Real Estate $ 1,697.40 Cordier Antiques -Auction Commission from Train Sale $ 864.26 Messiah Village -Nursing Home Expense $ 7,245.80 Law Offices of Craig A. Diehl -Consultation and Power of Attorney $ 315.50 PP&L -Electric Bill $ 95.42 Montour Home Comfort Service -Oil Heat $ 297.00 Alert Pharmacy -Medications $ 398.60 Paul Dalbey, DPM -Podiatry Medical Services $ 27.00 Aqua Pennsylvania -Sewer Bill $ 70.00 Penn Lake Pazk Borough -Trash Service $ 210.00 United States Treasury - 2008 Federal Income Tax Liability $ 1,645.00 Walters Monument Company -Tombstone Inscription $ 395.00 Beth E. Fisher -Executrix Fee $ 22,700.00 Lynn Brislin -Mileage Reimbursement $ 1,597.74 Beth E. Fisher -Mileage Reimbursement $ 2,163.57 EXHIBIT B Sewer Chazges from HUD-1 Closing Costs from HUD-1 Register of Wills -Inheritance Tax Liability Register of Wills- Additional Inheritance Tax Liability Register of Wills -Filing Fee for Family Settlement Agreement TOTAL PRINCIPAL CREDITS $ 18.53 $ 10,562.29 $ 32,300.00 $ 2,506.11 $ 25.00 $ 122,379.44 EXHIBIT B RECAPITULATION Principal Debits Principal Credits Amounts previously distributed: IRA's/Annuity FNB BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF MATTHEW TIMINSKY $ 864,741.47 $ 122,379.44 Subtotal $ 742,362.03 $ -349,161.36 $ -109,000.00 Subtotal $ -458,161.36 $ 284,200.67 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representative proposes distribution of the Balance for Distribution to the following heirs as described: Beth E. Fisher $ 87,961.89 1788 Winterhaven Drive Mechanicsburg, PA 17055 Lynn A. Brislin $ 87,961.89 42 Harford Avenue Shavertown, PA 18708 Meg H. Lombazd $ 87,961.89 26 Holcomb Road Shavertown, PA 18708 Nicholas M. Lombazd $ 10,157.50 26 Holcomb Road Shavertown, PA 18708 Maria H. Lombard $ 10,157.50 26 Holcomb Road Shavertown, PA 18708 TOTAL $ 284,200.67 EXHIBIT D