HomeMy WebLinkAbout04-18-11~i- 0~ ~` - C~ ~~'i!
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Family Agreement-Waiving Filing of Account ~-. ~'~
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This Agreement is by and between Jeffrey A. Wagner of 22 Soufh -`~ ~~ ~~'
Walnut Street, Mount Holly Springs, Pennsylvania 17065 in his ca acit - ~~ ~'
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Executor under the Last Will and Testament dated Februa 18 1987 of ~~ ~ -' ,~ ~.~ ~-=~ ~-
ry T,h~xnas . __.
R. Wagner, Deceased, ~:- ~, ~:.~ ~,
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and
Jeffrey A. Wagner of 22 South Walnut Street, Mount Holly Springs,
Pennsylvania 17065, and Anthony S. Wagner of 28 Nailor Road, Dillsburg,
Pennsylvania 17019; the residuary and only legatees of the estate pursuant: to
paragraph third (3) of the said Last Will and Testament.
For purposes of this agreement, when Jeffrey A. Wagner are referred to in
his fiduciary capacity, the term, "Executor" will be used and, when he is referred
to in his individual capacity, he will be referred to as one of the "legatees" or
"beneficiaries."
BACKGROUND
1. Thomas R. Wagner ("Decedent") died on July 29 2009, a resident
of 421 Chestnut Street, Apt. 1, Mount Holly Springs, Cumberland County,
Pennsylvania 17065, leaving a Will dated February 18, 1987. A copy of the Will
is attached hereto as Exhibit "A."
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2. Decedent's Will was admitted to probate by tti`e Register of Wills of
Cumberland County on August 11, 2009, and Letters Testamentary were issued
to Jeffrey A. Wagner as Executor.
3. In his III, Decedent made no specific bequests. In paragraph
second (2) Decedent named his second wife, Dorothy E. Wagner, as beneficiary,
provided she survived Decedent by 30 days. Dorothy E. Wagner predeceased
the Thomas R. Wagner. Dorothy E. Wagner died on, or about, May 24, 2007.
Paragraph third (3) of Decedent's Will named his children as contingent
beneficiaries. Decedent has three children, Jeffrey A Wagner and Anthony S.
Wagner, the parties to the Agreement, and Troy Richard Wagner. Troy Richard
Wagner died on September 30, 1989, unmarried, and without children. Jeffrey A
Wagner and Anthony S. Wagner are the "beneficiaries" as described in this
Agreement, and are the sole beneficiaries of their father's estate.
4. The Executor advertised the grant of letters Testamentary and
prepared and filed a Pennsylvania Inheritance Tax Return and federal and state
income tax returns and paid the appropriate taxes thereon.
5. The Executor has paid all the taxes, debts and expenses of the
estate known to him, and he have no knowledge of any unpaid claims, absolute
Family Agreement -Waiving Filing of Account -Estate of Thomas R. Wagner Page 1 of 4
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~ ., .,
or contingent, which may be asserted against the estate nor does he have any
reason to believe that there are any such claims.
6. The Executor has liquidated the assets of the Decedent, except for
one automobile, and household personal property, which is to be distributed in
kind.
7. An account of the principal and income received by the Executor,
his disbursements, and a Proposed Schedule of Distribution, is attached h then
as Exhibit "B." The net value of the estate available for distribution to all of
beneficiaries of the estate is $21,086.63.
8. The Executor desire to make distribution to the legatees as set forth
on the Proposed Schedule of Distribution which is attached hereto as a part of
Exhibit "B."
9. All parties hereto desire that this Family Agreement make
unnecessary the filing an accounting in the Orphans' Court Division of the Court
of Common Pleas of Cumberland County.
AGREEMENT -RELEASE -WAIVER
NOW THEREFORE, intending to be legally bound, the parties do hereby
incorporate the provisions of the "Background" section of this Agreement, and:
1. Waive the filing of an account of the administration of the estate in
any court, at the discretion of the Executor.
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2. Declare that the undersigned have examined the Account a and
Proposed Schedule of Distribution which is attached hereto as Exhibit B m with
find them to be true and correct in all particulars; accept and approve thudited
the same force and effect as if they had been prepared and filed with, on' and as
adjudicated and confirmed absolutely by a court of competent ~urisdict ,
if the balance of principal and income had been awarded by the Courtin
accordance with the Proposed Schedule of Distribution.
3. Warrant that the beneficiaries named in the Proposed Schedule~of
Distribution are the sole remaining parties in interest in the estate and entitled to
receive the entire distribution thereof in accordance with the Account and
Proposed Schedule of Distribution which are attached hereto as Exhibit "B."
4. Warrant that the undersigned know of no outstanding and
unsatisfied claims against the estate.
5. Approve the distribution of the balance of principal and income
shown in the Account and Proposed Schedule of Distribution which are attached
hereto as Exhibit "B" to the persons set forth therein.
Family Agreement -Waiving Filing of Account -Estate of Thomas R. Wagner Page 2 of 4
6. Absolutely and irrevocably release and discharge the Executor, and
his heirs, personal representatives, successors and assigns of and from any and
all actions, liabilities, claims and demands relating in any way to his
administration of the estate and distribution in accordance with the Account and
Proposed Schedule of Distribution which are attached hereto as Exhibit "B" and
without a court accounting and adjudication.
7. Agree to refund to the Executor any amount of the undersigned
distribution which exceeds the amount to which the undersigned are entitled as
the Executor shall reasonably determine in accordance with legal requirements,
8. Agree to indemnify and hold harmless, the Executor, and his heirs,
personal representatives, successors and assigns, from and against any claims,
liabilities, loss or expense (including costs and counsel fees) arising from any
cause whatsoever, which the Executor may incur as a result of the administration
of the estate and its distribution in accordance with this agreement including, but
not limited to, any liability for any federal estate taxes, Pennsylvania Inheritance
tax or any other death taxes, and any federal or Pennsylvania- income~taxes, and
Pennsylvania personal property taxes, together with any int~re~t and costs
incidental thereto, relating in any way to the estate and alsa~.in,ciuding, but not T
limited to, any assets received or payments or distributions made by reason of
any negligence or mistake of law or fact.
9. Agree that this Agreement shall be binding and effective as against
each legatee upon execution (signing) by that legatee and the Executor.
IN WITNESS WHEREOF, and with intent to be legally bound hereby, the
parties hereto have set their hands and seals as of this day of April,
2011. ,
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Witness:
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Witness: l
Witness:
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(Sea/)
(Seal)
/d'e~rey A. Wagner, Beneficiary
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Anthon . Wa ner B ~
Y 9 e ficiary
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. Wages r, Executor
Family Agreement -Waiving Filing of Account -Estate of Thomas R. Wagner Pa e :3 of 4
9
State of Pennsylvania
ss.
County of Cumberland
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On this, the $ day of April, 2011, before me, the
undersigned officer, personally appeared Jeffrey A. Wagner, 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, 1 hereunto set my hand and official seal.
COMMONWEAL-TH OF PENNSYLVANIA
"~"~'~ NOTARIAL SEAT.
YRiSHA A. LIESS; ~- Pu6Yo
liorowh of Carlisle, CumbaAand Coungt Pip
MLr Cnmrnission Expires Msy 70, 201
State of Pennsylvania
- JMs~a ~ ~ ~Pi,Z~o SEAL
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County of.f~erf~md
is the ~ Z.- ~ day of April, 2011, before me, the
On th ,
undersigned officer, personally appeared Anthony S. Wagner, 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.
/N WITNESS WHEREOF, 1 hereunto set my hand and official seal.
(SEAL)
gMMC?NW~AL`i'hl i~F PENNSYIVANYA
Notarial deal
Daniel J. Albert, Notary Public
Washington Twp., York County
My Commi551on Expires March 26, 2014
Member, Pennsylvania Association of Notaries
Family Agreement -Waiving Filing of Account -Estate of Thomas R. Wagner Page 4 of 4
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?.AST WILL AND TESTAMENT OF THOMAS R. WAGNER
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I, Thomas R. Wagner, of Reading Township, Adams County,
Pennsylvania, with a mailing address of 36 Sedgewick Drive, East Berlin,
Pennsylvania 17316 do hereby make, publish and declare the following as and
for my last will and testament, and I do hereby revoke and declare void any
will or wills by me at any time heretofore made.
FIRST: I direct that all my just debts, funeral expenses and
administration expenses shall be paid from the assets of my estate. I direct
that all federal, state and other death taxes payable by reason of my death,
with respect to the property forming my gross estate for tax purposes,
whether or not passing under this will, including any interest or penalty,
imposed in connection with such taxes, shall be considered a part of the
expense of the administration of my estate, and shall be paid from the
residue of my estate, without apportionment or right of reimbursement. All
such taxes on present o; future interests shall be paid at such time or times
as the personal representative of my estate deems best, regardless of when
such taxes are due.
SECOND: I give, bequeath and devise all of the .rest, residue and
remainder of< my estate, both real and personal property, of whatsoever kind
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and nature and wheresoever situate, to my wife, Dorothy E. Wagner, if she
survives me for a period of at least thirty (30) days.
THIRD: If my wife, Dorothy E. Wagner, fails to survive me for a
period of at least thirty (30) days, I give, bequeath and devise all of the
rest, residue and remainder of my estate, both real and personal property, of
whatsoever kind and nature and wheresoever situate, in equal shares to my
children as may be living at the time of my death and to the issue then
living of such of my children as may then be deceased; per stirpes.
FOURTH: I appoint Adams County National Bank, of Gettysburg,
Pennsylvania, guardian of any property which passes either under this will or
otherwise to a minor, and with respect to which I am authorized to appoint a
guardian and have not otherwise specifically done so. Such guardian shall
Thomas R. Wagner
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have the power to use principal as well as income from time to time for any
such minors education, support and welfare, and to make payment for these pur-
poses to such minor or to any person or persons providing education, support,
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or services for such minor without obtaining the approval of any Court whatsoever.
FIFTH: I appoint my wife, Dorothy E. Wagner, executrix of this my last
will. Should my said wife fail to qualify or cease to act as executrix, I appoint
my son, Jeffrey A. Wagner, executor of this my last will. Should my said wife
and my said son, Jeffrey A. Wagner, fail to qualify or cease to act as executors,
I appoint my son, Anthony S: Wagner, executor of this my last will. Should my
said wife and m}• said sons, Jeffrey A. Wagner and Anthony S. Wagner, fail to
qualify ~or cease to act as executors, I appoint my son, Troy Richard Wagner,
executor of this my last will. Should my said wife and my said sons, Jeffrey A.
Wagner, Anthony S. Wagner and Troy Richard Wagner, fail to qualify or cease to
act as executors, I appoint Adams County National Bank, of Gettysburg, Pennsyl-
vania, executor of this my last will. I direct that none of the persons named
in this paragraph nor the said Bank shall be required to give bond in order to
qualify as or perform the duties of the personal representative of my estate in
any jurisdiction. I authorize and empower my personal representative to sell
any or all of the assets of my estate, both real and personal property, at public
or private sale or sales and to make, execute, acknowledge and deliver unto any
purchaser thereof. good and sufficient deeds and bills of sale for the transfer and
conveyance thereof.
IN WITNESS WHEREOF, I, Thomas R. Wagner, the testator have to this my
last will and testament, subscribed my name and affixed my seal this 18th
day of February , 1987; this will being typewritten upon two C2)
sheets of paper which are affixed together and each of which bears my signature
at the bottom thereof.
Thomas R. Wagner
Signed, sealed, published and declared by
the above named testator, Thomas R. Wagner, as
and for his last will and testament, in the
presence of us, who in his presence, and at
his request, and in the presence of each other,
have hereunto subscribed our names as witnesses
thereto. _ / f
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COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF ADAMS.
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We, Thomas R. Wagner, Robert G. BiQham and
Marv P. Sharp the testator and the witnesses,
respectively, whose names are signed to the attached or foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that
the testator signed and executed the instrument as his last will and that he
had signed willingly, and that he executed it as his free and voluntary act
for the purposes therein expressed, and that each of the witnesses, in the
presence and hearing of the testator, signed the will as witness and that to
the best of the knowledge of each of the witnesses, the testator was at that
time eighteen years of age or older, of sound mind and under no constraint or
undue influence.
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Thomas R. G7agner
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Witness
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Subscribed, sworn to and acknowledged before me by Thomas R. Wagner, the
testator, and subscribed and sworn to before me by _ Robert G. BiQham
and Marv P~Sh awn
witnesses, this 18th day of February, 1987.
Notary Publi
My commission expires : ~IAdCY ~(; I~EPN
~. ~4otary Public
Gettsy6ur~, Adams County. Pa.
~':Cotnmissbn Expires Fdov. 3,1983
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FIRST AND FINAL ACCOUNT OF JEFFREY A. WAGNER,
EXECUTOR OF THE LAST WILL AND TESTAMENT OF
THOMAS R. WAGNER, LATE OF THE BOROUGH OF MOUNT HOLLY SPRINGS,
CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED
DATE OF DEATH: LETTERS TESTAMENTARY ADVERTISED:
29-Jul-09
FILE NO.:
21-09-0751
CUMBERLAND LAW JOURNAL
Sept. 4,11 & 18, 2009
THE SENTINEL
Aug. 24 & 31, and Sept. 7, 2009
PRINCIPAL RECEIVED
Accountant charges himself with the following principal amounts received:
Date
2009
9-Jul Household Furnishings at 421 Chestnut Street,
Apartment 1, Mount Holly Springs, Pennsylvania
See List Attached as Exhibit "A"
Bedroom 1
Bedroom 2
Living Room
Bathroom y
Kitchen
9-Jul Orrstown Bank
Checking Account No.: 146000020
DOD Balance
Accrued Interest to DOD
Savings Account No.: 746000026
DOD Balance
Accrued Interest to DOD
9-Jul Orrstown Bank / Gibb Financial Services / Pershing LLC
IRA Retirement Brokerage Account No.: 4N211637
Brokerage Money Market Account
1,125 Enhanced S&P CV Call Fund at $9.09
2,050 Helios High Income Fund at $1.26
675 Helios Strategic Income Fund at $1.07
350.00
150.00
750.00
25.00
200.00
97~ .02
0.02
2.81
N/A
1st & final Tom Wagner 4.8.11.~;1s Exhibit "B" Page 1
250 Managed High Yield Plus Fund at $1.66
4
,
IRA Benefits directly to beneficiaries (Total: $24,026.56)
Not an asset of estate.
Personal Brokerage Account No.: 4N2114417
Brokerage Money Market Account
Cash
675 First Trust/Four Corners SR at $10.17
145 Hershey Company at $40.50
1,735 Liberty All-Star equity Fund at $3.84
845 Zweig Total Return Fund at $3.66
1
,
(Total: $27,831.59)
9-Jul Prudential Life Insurance Policy
Face Amount: $10,000
Paid to Beneficiaries. Not an estate asset.
9-Jul North America/Legionnaire Insurance
Accidental Death policy, no value to estate
9-Jul Monumental Life Insurance Company ,
Life Insurance Policies paid directly to beneficiaries
No value to estate
9-Jul 2003 Chevrolet TrailBlazer automobile
Title Number 59098663001 WA
Kelly Blue Book Value: $8,480.00
Less Damage Estimate Regarding Accident: $1,751.86
Net Value of Vehicle , .
9-Jul American Legion Death Benefit ($350?)
11-Aug Security Deposit Refund
From Landlord James H. Slyder Contracting
Apartment No. 1, 421 Chestnut Street
Mount Holly Springs, PA
19-Aug Erie Insurance Exchange
Damage Claim regarding 2003 Chevrolet TrailBlazer
17-Sep A.G.I.A. Cancer Insurance Refund
17-Sep Cumberland County Veterans Burial Benefit
17-Sep Highmark Blue Shiel Refund
2010
9-Mar Refund - Comcast
1st & final Tom Wagner 4.8.1 l.xls
Exhibit "B"
0.00
368.28
1,310.96
6,864.75
5,872.50
6,662.40
6,752.70
0.00
0.00
0.00
6,728.14 , ,
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575.00
1,501.86
32.60
100.00
127.68
29.84
Page 2
2-Jun United States Treasury -Refund Personal Inc. Tax
TOTAL PRINCIPAL RECEIVED
INCOME RECEIVED
Accountant charges himself with the following income amounts received:
Date
2009
6-Oct Orrstown Ba k / G'bb F'
165.00
39,544.56
n i financial Services / Pershing LLC
Personal Brokerage Account No.: 4N2114417
Gain on Liguidation of Account
Cash
675 First Ti`ust/Four Comers SR at $10.17
145 Hershey Company at $4050
1,735 Liberty All-Star equity Fund at $3.84
1,845 Zweig Total Return Fund at $3.66
(Total Received: $28,291.13)
(Total Gain $459 S4)
459 S4
12-Oct Interest Earned on Estate Checking Account
0.02
27-Oct Orrstown Bank Checking Account No.: 146000020
Interest from DOD to closing of account
0.01
11-Nov Interest Earned on Estate Checking Account
0.83
10-Dec Interest Earned on Estate Checking Account
0.59
2010
10-Jan Interest Earned on Estate Checking Account
0.64
10-Feb Interest Earned on Estate Checking Account
0.63
10-Mar Interest Earned on Estate Checking Account
0.57
11-Apr Interest Earned on Estate Checking Account
0.65
1st & final Tom Wagner 4.8.11.x1s Exhibit "B"
Page 3
11-May Interest Earned on Estate Checking Account
10-Jun Interest Earned on Estate Checking Account
11-Jul Interest Earned on Estate Checking Account
10-Aug Interest Earned on Estate Checking Account
20-Aug Adams Electric Cooperative, Inc. - Patrionage Dividend
12-Sep Interest Earned on Estate Checking Account
11-Oct Interest Earned on Estate Checking Account
11-Nov Interest Earned on Estate Checking Account
11-Dec Interest Earned on Estate Checking Account
2011
st Earned on Estate Checking Account
t
I
10-Jan ere
n
10-Feb Interest Earned on Estate Checking Account
10-Mar Interest Earned on Estate Checking Account
(Final Interest -Acct. taken off Interest)
0.59
0.63
0.63
0.61
195.15
0.68
0.60
0.65
0.64
0.60
0.64
0.58
,.
~` TOTAL INCOME RECEIVED 665.48
DISBURSEMENTS
Accoutant claims credit for the following amounts paid:
Date
2009
9-Jul Bank Service Fee - Orrstown Bank
Savings Account No.: 746000026
24-Aug Carlisle Regional Medical Center
24-Aug Met-Ed
1st & final Tom Wainer 4.8.1 l .xls Exhibit "B"
2.81
61.05
75.66
Page 4
24-Aug Direct TV
24-Aug Dept. of Veterans Affairs -Medical Expense
24-Aug Embarq
17-Sep The Sentinel
17-Sep Embarq
17-Sep Frey & Tiley -Reimburse for costs advanced:
Probate Fees
Cumberland Law Journal -Advertising
17-Sep Hollinger Funeral- Home & Crematory, Inc.
6-Oct Carlisle Regional Medical Center -Insurance Paid Refund
26-Oct FIA Card Services, N.A. -Credit Card Balance
Card No.: 5490 9990 1827 6682
26-Oct Dept. of Veterans Affairs -Medical Expense
26-Oct Register of Wills, Agent
Inheritance Tax on Account
2010
• R
8-Apr Federal Personal Income Tax Due for Year 2009 -Refund Due
8-Apr Pennsylvania Personal Income Tax Due for Year 2009
8-Apr Federal Fiduciary Income Tax Due for Year 2009
8-Apr Penna. Fiduciary Income Tax Due for Year 2009
2011
1-Apr Refund -Pennsylvania Department of Revenue
Inheritance Tax
8-Apr Federal Fiduciary Income Tax Due for Year 2010
8-Apr Penna. Fiduciary Income Tax Due for Year 2010
8-Apr Reimburse Frey & Tiley for Advance to Register of Wills
For Filing Fee for Inheritance Tax Return
139.89
216.00
22.79
208.78
0.99
136.00
75.00
8 ,203.59
(61.05)
6,043.25
X4.00
1,550.00
0.00
147.00
0.00
3.00
(108.85)
0.00
6.00
15.00
1st & final Tom Wagner 4.8.1 l.~ls Exhibit "B"
.Page 5
8-Apr Executor's Fees to Jeffrey A. Wagner
8-Apr Frey & Tiley -Attorney's Fees
8-Apr Reserve for Filing Fee to Register of Wills -For Account
(Elected to Settle Without Court Accounting. Fee
would have been $130.)))
8-Apr Register of Wills -Filing Fee for Release
8-Apr Refund - Medco / Highmark Blue Rx
TOTAL DISBURSEMENTS
RECAPITULATION
Total Principal Received
Total Income Received
r,
Total Receipts
Less Total Disbursements
Balance for Distribution
Waived
2,500.00
0.00
5.00
(17250)
19,123.41
39,544.56
665.48
R
40,210.04
19,123.41
21,086.63
Exhibit "B'- Page 6
1st & final Tom Wagner 4.8.1 l.~:ls
PROPOSED
SCHEDULE OF DISTRIBUTION
1) Jeffrey A. Wagner
22 South Walnut Street, Mount Holly Springs, PA 17065
50% Residuary heir pursuant to paragraph Third of Will
10,543.31
One-half of household personal property
Note: Household personal property assumed to have 73750
been distributed equally, even though not.
t
One-half value of 2003 Chevrolet TrailBlazer
Note: Vehicle transferred to Anthony S. Wagner alone, 3,364.07
for the use of his daughter, when she is old enough to
make use of it. Distribution is treated as an equal
distribution to Jeffrey and Anthony Wagner. Jeffrey
Wagner then made a personal gift of one-half of the
value to Anthony S. Wagner. The vehicle is the sole
property of Anthony S. Wagner.
Final Distribution upon Confirmation of Account
6,441.74
Total Distribution This Beneficiary
10,543.31
2) Anthony S. Wagner
28 Naiior Road, DilIsburg, PA 17019
50% Residuary heir pursuant to paragraph Third of Will
10,543.32
One-half of household personal property
Note: Household personal property assumed to have 737.50
been distributed equally, even though not.
One-half value of 2003 Chevrolet TrailBlazer
Note: Vehicle transferred toAnthon S. Way 3,364.07
for the use of his dauQ y miner alone,
ahter, when she is old enough to .
make use of it. Distribution is treated as an equal
distribution to Jeffrey and Anthony Wagner. Jeffre
Wagner then made a personal gift of one-half of the
value to Anthony S. Wagner. The vehicle is the sole
property of Anthony S. Wagner.
Final Distribution upon Confirmation of Account
6,441.75
Total Distribution This Beneficiary
10,543.32
1st & final Tom WaDner4.8.ll.~ls Exhibit "B"
Page 7
TOTAL OF DISTRIBUTIONS: 21,086.63
COMMONWEALTH OF PENNSYLVANIA
: SS.:
COUNTY OF CUMBERALND
Before me, the undersigned officer, personally appeared Jeffrey A. Wagner,
Executor of the Last Will and Testament of Thomas R. Wagner Deceased, who, being duly sworn
' a to law des oses and says that the foregoing First and Final Account and Proposed Schedule
accordinb P
are true and correct to the best of his knowledge, informa~on and belief.
Sworn to and subscribed before me
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this ~ day of Q P~ ~ a o 11,
/ 5 ~_ r
ppMMONVVEALTFI OF PEtHNSriV~1NIA
NOTARIAL SEAL
'TRI511p- A. UESS, Notary Rabb
Bora.gn of Carlisb. Curt~berland County RA
My Commission Expires May 20, 2Q1~
y ~ agner
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Exhibit "B.. Page 8
1st & final Tom Wapner 4.8.11.x1s