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Home My WebLink About09-27-11 RECEIPT AND RELEASE WHEREAS, John H. Toomey, (herein after called ~~Decedent") late of Silver Spring Township, County of Cumberland and Commonwealth of Pennsylvania, died on November 8, 2006, having first made his Last Will and Testament in writing probated before the Register of Wills of said Cumberland County on November 28, 2006, and Letters Testamentary were issued on the same date to Ronald Lee Toomey, the Executor named in the Last Will and Testament of said Decedent. Said Executor served from his appointment to the date of his death January 18, 2011. WHEREAS, Patricia Toomey qualified as Executrix of the state and was issued Letters Testamentary by said Register of nTills on March 29, 2011, and in such capacity prepared an accounting of such deceased Executor's Administration, and said document being incorporated herein by reference thereto; and WHEREAS, Keith E. Toomey, duly qualified and was appointed inistrator D.B.N.C.T.A. of the Estate of John H. Toomey on pril 19, 2011 and WHEREAS, said Administrator entered upon and completed the nistration of said Decedent's Estate as set forth in his LAW OFFICES SNELBAKER SC BRENNEMAN. P.C. First and Final Account attached hereto, and intends to istribute the net balance of the assets of said Estate to the persons named in the Statement of Proposed Distribution also -~ attached hereto, both of said documents being inco~p~drated hexe~:~ ' ~ ` ~ ~-~ ~ ~_ _' ..'.~ - -! Y _ , "~ :-. 3 Eby reference thereto; and NOW KNOW ALL MEN BY THESE PRESENTS, that we, Keith E. Toomey and Patrick M. Toomey, being the principal legatees and distributees named in the Will of said Decedent and the persons entitled to share in the residuary distribution of the Estate of said Decedent as indicated in the account of the Administrator D.B.N.C.T.A., do hereby declare and say that we, and each of us, have examined the attached Account and Statement of Proposed Distribution, and find the same to be true and correct, and in strict accordance with the terms and provisions of said Will, and do hereby acknowledge that we, and each of us, this day have, had and received of and from Keith E. Toomey, Administrator D.B.N.C.T.A., of the Estate of John H. Toomey, the cash set opposite our names in the above Statement of Proposed Distribution, in full satisfaction, payment and discharge of all such sum or sums of money, legacies and bequests, share or shares, purports and dividends which were due, owing and payable and belonging to us, and each of us, by any means whatsoever, for or on account of our full share, part or dividend of the Estate of John H. Toomey, Deceased. NOW, THEREFORE, we, and each of us, the said Keith E. Toomey and Patrick M. Toomey, do by these presents, remise, release, quit-claim and forever discharge the said Keith E. Toomey, his heirs, executors and administrators, of and from our said shares or dividends of the Estate aforesaid, and of and from all LAW OFFICES SNELBAKER SC 2 BRENNEMAN. P.C. actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or of any act, matter, cause or thing whatsoever, from the beginning of the world to the day and date of these presents. AND, desiring to avoid the delay and expense of the settlement of said Estate by filing the foregoing Account of said administration in the Office of the Register of Wills of said Cumberland County and by having the balance in the hands of the Administrator, as shown by said Account, distributed by the Court of Common Pleas of Cumberland County - Orphans' Court Division, we, and each of us, do hereby agree that the foregoing Account and Statement concerning the matter of settlement may be recorded with the same effect upon us, and each of us, as if the same had been reported upon by said Court, and a decree of distribution made on such proposed Statement of Distribution by the said Court of Common Pleas - Orphans' Court Division. AND in consideration of the aforesaid settlement being made without the aid of such Court of Common Pleas - Orphans' Court Division, we, and each of us, the said Keith E. Toomey and Patrick M. Toomey, do hereby agree that if any debts or demands other than those included in the above referenced First and Final Account, as hereinbefore set forth, shall be hereafter recovered against the Estate of said Decedent and be legally payable out of the same, that we, and each of us, will return tc the said Administrator such amounts thereof as may be necessary to pay LAW OFFICES SNELBAKER 8f 3 BRENNEMAN, P.C. Deuma Notary PY6tlc, No. 011` CIwMIMd_In l1~ ComrninlOn Ex LAW OFFICES SNELBAKER Sf BRENNEMAN. P.C. such debts or demands. IN WITNESS WHEREOF, .his ~~ ~~day of ~~~.~0 ~IITNESSED BY: Q Naw York p»r County ~ Nov. 10, 2012 ` ,~~' tot. ftAGFlI"L ,MAN NOTARY PUBLIC STATE OF FLORIDA Comm# DD854298 Expires 1/2512013 we have hereunto set our hands and seals 2011. f 1 ,~~ /y n ~s~; / 'tf .::.- C" (SEAL ) e i t h E. T o~.~y." '~ '"~~ (SEAL ) ZlL-~ ~ Patrick M. Toomey 4 STATE OF NEW YORK SS. COUNTY OF ~~~Cl;;z-r~~'r~: ) On this the ~ day of ~ ~ 2011, before me, a Notary Public in and for said State and ounty, the undersigned officer, personally appeared Keith E. Toomey 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 Iseal. ,/ ~. r' Deanna Nanington Notary Public, $tats of New York No. 81HAS1l6266 QualiQed in Coungr Commipion Expires Nov. 10, 2012 LAW OFFICES SNELBAKER EC 5 BRENNEMAN, F.C. Notary Public On this the ~~~~ day of ~~~~~~ 2011, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared Patrick M. Toomey 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. STATE OF FLORIDA ) ~`~,~~ SS. COUNTY OF ( 1 `~1~~ ) V~ IN WITNESS WHEREOF, I hereunto set my hand and official Iseal. .~ RACHEL MAHAN '~--'`I/'~ ~' ~~~ NOTARY PUBLIC CcC'-°+(..~~- ° ~ "~``~ ~ e c _ STATE OF FLORIDA Comm#DD854298 Notary Public ~ Expires 1/25/2013 LAW OFFICES SNELBAKER SC 6 BRENNEMAN, P.C. ESTATE NO. 21-06-1044 FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION OF AND BY KEITH E. TOOMEY, ADMINISTRATOR D.B.N.C.T.A. OF THE ESTATE OF JOHN H. TOOMEY, LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY PENNSYLVANIA =ith E. Toomey, Administrator D.B.N.C.T.A. as aforesaid and Accountant herein, avers as follows: DATE OF DECEDENT'S DEATH: November 8, 2006 DATE LETTERS OF ADMINISTRATION ISSUED: April 19, 2011 ORIGINAL DATES EXECUTOR'S NOTICE ADVERTISED: Cumberland Law Journal December 29, 2006, January 5, 12, 2007 The Sentinel December 19, 26, 2006, January 3, 2007 FIRST AND FINAL ACCOUNT PERSONALTY -PRINCIPAL ACCOUNT DEBITS ie Accountant avers receipt of the following items from the date of his appointment as Administrator D.B.N.C.T.A. beginning April 19, 2011: 1. Cash and stock transferred by the Executrix of the Estate of Ronald Lee Toomey to the Accountant herein (see Accounting filed by Patricia Toomey) TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, DEBITS: PERSONALTY -PRINCIPAL ACCOUNT CREDITS LAW OFFICES SNELBAKER EjC BRENNEMAN, F.C. ie Accountant claims credit for the payment of the following items from Decedent's Personalty Account: 1. Snelbaker & Brenneman, P.C., costs advanced: a. Register of Wills, filing fee for petition to withdraw as counsel b. Register of Wills, probate fee for Ronald Toomey Estate c. Register of Wills, probate fee for Keith's appointment d. Register of Wills, Agent, additional Inheritance Tax due 2. AXA, loss on sale of stock 3. Snelbaker & Brenneman, P.C., attorney fees 4. Snelbaker & Brenneman, P.C., costs advanced to Register of Wills for certified copies 5. Register of Wills, filing fee for Inventory and both First and Final Accounts TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, CREDITS: 15.00 125.50 67.00 6.40 $ 8,859.34 u,u5y.:~4 $ 213.90 341.63 2,628.00 20.00 25.00 $ 3,228.53 Page 1 LAW OFFICES SNELBAKER SC BRENNEMAN. P.C. PERSONALTY -INCOME ACCOUNT DEBITS The Accountant charges himself with the receipt of the following income from the investment of Personalty Principal: 1. M&T Bank, checking account interest from 1/18/11 to 4/19/11 2. AXA, stock dividend TOTAL, PERSONALTY, INCOME ACCOUNT, DEBITS: PERSONALTY -INCOME ACCOUNT CREDITS The Accountant claims credit for the payment of the following items from the Personalty Principal Account: TOTAL, PERSONALTY, INCOME ACCOUNT, CREDITS: REAL ESTATE -PRINCIPAL ACCOUNT DEBITS he Accountant charges himself with the receipt of Decedent's Real Estate as follows: TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, DEBITS: REAL ESTATE -PRINCIPAL ACCOUNT CREDITS he Accountant claims credit for the payment of the following items from Real Estate Principal Account: TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, CREDITS: REAL ESTATE -INCOME ACCOUNT DEBITS he Accountant charges himself with the receipt of the income from the investment of Real Estate Principal Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, DEBITS: REAL ESTATE -INCOME ACCOUNT CREDITS -he Accountant claims credit for the payment of the following items from the Real Estate Income Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, CREDITS: Page 2 $ 0.33 ~'~ '~R LJ./1 $ NONE ~ IVUIVC ~ NONF ~ IvUlvc $ NONE $ NONE $ NONE y IVUIVC NnNF ~ NUNt LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. RECAPITULATION PERSONALTY: PRINCIPAL ACCOUNT: Debits Credits Balance INCOME ACCOUNT: Debits Credits Balance TOTAL PERSONALTY REAL ESTATE: PRINCIPAL ACCOUNT: Debits Credits Balance INCOME ACCOUNT: Debits Credits Balance TOTAL REAL ESTATE: (TOTAL FOR DISTRIBUTION: Page 3 $ 8,859.34 $ 3,228.53 $ 23.71 $ NONE $ NONE $ NONE $ NONE $ NONE $ 5,630.81 $ 23.71 $ 5,654.52 $ NONE $ NONE $ NONE STATEMENT OF PROPOSED DISTRIBUTION LAW OFFICES SNELBAKER Sf BRENNEMAN, P.C. Keith E. Toomey, Administrator D.B.N.C.T.A.and Accountant herein, proposes to iistribute the balance of the Estate of John H. Toomey, Deceased, to wit: X5,654.52 in accordance with the Last Will and Testament of said Decedent as follows: Keith E. Toomey 1/2 of residue as per Item Third of Will a. Cash found in safe deposit box, In-Kind $ 441.41 b. Cash $ 2,385.85 Patrick M. Toomey 1/2 of residue as per Item Third of Will a. Cash $ 2,827.26 TOTAL FOR DISTRIBUTION: $ 2,827.26 $ 2,827.26 5,Ei54.5"L *"' The Estate of Ronald Lee Toomey is entitled to 1/3 of the net residue of the Estate per Item Third of Decedent's Will. On May 13, 2011, a Dis~clamer of Interest was signed by Patricia Toomey the Executrix and sole beneficiary of the Estate of Ronald Lee Toomey waiving the said 1/3 interest due the Estate of Ronald Lee Toomey. A copy of the Disclaimer is attached to this Accounting. Page 4 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Keith E. Toomey, being duly sworn according to law deposes and says: that he is the Administrator D.B.N.C.T.A. of the Estate of John H. Toomey, Deceased, and the Accountant herein; that there are no unpaid creditors or claimants of said Estate; that there are no persons interested in the distribution of said Estate other than as stated in the foregoing Statement of Proposed Distribtuion; and that the facts set forth in the foregoing First and Final Account and Statement of Proposed Distribution are true and correct to the best of his knowledge, information and belief. ,~ ~ ~ ~ "~~ ~~-- Keit E. oo ey Administrator D.B.N.C.T A~..and Accountant Sworn to and subscribed before me this ~ ~~day of ~~C 2011 Notary Public DNma Harrington Nowt Public. $t~ of Nwr York No, o1MAt7>ti3i8 GuWMd b RomNw lower CowMnMsion ExPi~ Nov. t0. 3012 LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. Page 5 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF JOHN H. TOOMEY, DECEASED CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 2006-01044 DISCLAIMER OF INTERESTS PURSUANT TO 20 Pa C.S. §6201 et seq. PATRICIA TOOMEY, as the Executrix of the Estate and under the Last Will and Testament of Ronald L. Toomey, Deceased, and individually in her own right as sole beneficiary under said Will, states as follows: 1. John H. Toomey (he.reinafter called "Decedent") died on November 8, 2006, leaving his Last Will and Testament which was duly probated in the Office of the Register of V~'ills in and for Cumberland County, Pennsylvania, on November 28, 2006, and Ronald Lee Toomey was duly Executor on the same date. 2. Ronald Lee Toomey entered upon the. administration of Decedent's estate, but died on anuary 18, 2011, before completing his administration. 3. On March 29, 2011, the Last Will and Testament of Ronald L. Toomey was duly probated in the Register's Office aforesaid and Patricia Toomey was duly appointed Executrix ~~f the Estate f Ronald L. Toomey under said Last Will and Testament. 4. On April 19, 2011, said Register of Wills duly appointed Keith E. Toomey as inistrator D.B.N.C.T.A. of the Decedent's Estate. 5. Decedent's Last Will and Testament bequeathed and devised his net estate in equal shares LAW OFFICES unto his three children, namely, Ronald L. Toomey, Keith E. Toomey and Patrick i'VI. Toomey. SNELBAKER EC BRENNEMAN. P.c. 6. Based upon the above recited facts, one-third of Decedent's Estate would be due to the of Ronald L. Toomey. 7. I, Patricia Toomey, in my individual capacity as sole beneficiary of the Estate of Ronald L. Toomey and also as Executrix of the Estate of Ronald L. Toomey, do hereby irrevocably and unconditionally disclaim all my interests in the Decedent's estate, to wit-one-third of the Decedent's net residuary estate, in accordance with 20 Pa C.S. §6201 et seq. 8. I, Patricia Toomey, intend to deliver this disclaimer to the Administrator D.B.N.C.T.A. of the Estate of .Tohn H. Toomey, Deceased, anal. if necessary to file it Stith the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to 20 Pa C.S. §6201 et seq. IN WITNESS WHEREOF, the undersigned has hereunto set her signature this /.3 day of May, 2011, intending thereby to legally bind herself, her heirs, personal representatives anal assigns. Patricia Toomey Individually and as Executrix of the Estate of Ronald L. Toomey, Deceased LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. On this the 1~ day of May, 2011, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared PATRICIA TOOMEY, 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. ~--Qom-'`-- Notary Public Ct~MlNC3f~;,ftl~=l~L"s e~ U~ P~P~i~SYLVAM1SlA __... i`~loY~i~l ~eai I~~a~ene Fieishet, ('dotary Pubfic Ciky Uf ~lGrrisbtacr, dauphin Courtly nay Ccmrriis.~f.~r3 ~x~s!~s C1ec. 12, 2011 M4mb~r, FennssyfN~nia ~E$pwi~:ZldYt Cpf N9t;~IrIA~ LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. ESTATE NO. 21-06-1044 FIRST AND FINAL ACCOUNT OF AND BY PATRICIA TOOMEY, EXECUTRIX OF THE ESTATE OF RONALD LEE TOOMEY WHO WAS THE EXECUTOR OF THE ESTATE AND UNDER THE LAST WILL AND TESTAMENT OF JOHN H. TOOMEY, DECEASED, LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA onald Lee Toomey, Executor as aforesaid served from his appointment on November 28, 2006 to the date of his death January 18, 2011. This Accounting is stated by the Executrix of his Estate. DATE OF DECEDENT'S DEATH: November 8, 2006 DATE LETTERS TESTAMENTARY ISSUED: November 28, 2006 DATES EXECUTOR'S NOTICE ADVERTISED: Cumberland Law Journal December 29, 2006, January 5, 12, 2007 Patriot-News December 19, 26, 2006, January 3, 2007 FIRST AND FINAL ACCOUNT PERSONALTY -PRINCIPAL ACCOUNT DEBITS 'he Accountant avers receipt of the following items of Decedent's Personalty valued as of the date of Decedent's death: 11/8/2006 USAA, subscriber savings account #001013156 11/8/2006 Sonoma GMC automobile, 1994 4x4 truck, sale value 11/8/2006 2006 Toyota RAV automobile, sale value 11/8/2006 M&T Bank, certificate of deposit #031003915938434 11/8/2006 Cash found in safe deposit box 11/8/2006 AXA, 24.056000 shares of common stock valued at $38.98 per share 1/12/2007 Deposit from unknown source TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, DEBITS: PERSONALTY -PRINCIPAL ACCOUNT CREDITS LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. "he Accountant claims credit for the payment of the following items from Decedent's Personalty Account: 2/8/2007 Susquehanna Credit Union, partial payoff on 2006 Toyota RAV 2/8/2007 Susquehanna Credit Union, remainder of payoff on 2006 Toyota RAV 0/31/2007 Register of Wills, Agent, Inheritance Tax 1/8/2008 Register of Wills, additional probate fee 10/2/2008 M&T Bank, safe deposit box rental 11/3/2008 Snelbaker & Brenneman, P.C., fees 11/3/2008 Snelbaker & Brenneman, P.C., costs a. Register of Wills, probate fees $ 4,298.84 1,500.00 20,000.00 5,088.16 441.41 937.70 157.98 $ 32,424.09 $ 20,000.00 1,458.43 333.78 70.00 130.00 1,500.00 452.76 63.00 b. Cumberland Law Journal, Executor Notice 75.00 c. Patriot News, Executor Notice 287.76 d. Register of Wills, short certificates 12.00 e. Register of Wills, filing fee for Inheritance Tax return 15.00 11/3/2008 Register of Wills, filing fee for Supplemental Inheritance Tax return 11/3/2008 Register of Wills, Agent, Inheritance Tax due on Supplemental return 11/3/2008 Adjustment for unaccountable difference in checkbook records and bank balance TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, CREDITS: 15.00 44.98 15.65 $ 24,020.60 Page 1 LAW OFFICES SNELBAKER Sf BRENNEMAN, P.C. PERSONALTY -INCOME ACCOUNT DEBITS he Accountant avers receipt of the following income from the investment of Personalty Principal: 12/15/206 M&T Bank, certificate of deposit, interest 3/23/2007 USAA, subscriber savings account, interest 1/18/2011 M&T Bank, estate account, interest from opening to 1/18/2011 TOTAL, PERSONALTY, INCOME ACCOUNT, DEBITS: PERSONALTY -INCOME ACCOUNT CREDITS Accountant claims credit for the payment of the following items from the Personalty Principal Account: TOTAL, PERSONALTY, INCOME ACCOUNT, CREDITS: REAL ESTATE -PRINCIPAL ACCOUNT DEBITS Accountant avers receipt of Decedent's Real Estate as follows: TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, DEBITS: REAL ESTATE -PRINCIPAL ACCOUNT CREDITS e Accountant claims credit for the payment of the following items from Real Estate Principal Account: TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, CREDITS: REAL ESTATE -INCOME ACCOUNT DEBITS Accountant avers receipt of the income from the investment of Real Estate Principal Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, DEBITS: REAL ESTATE -INCOME ACCOUNT CREDITS Accountant claims credit for the payment of the following items from the Real Estate Income Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, CREDITS: Page 2 $ 23.36 417.96 14.53 $ 455.85 $ NONE $ NONE $ NONE _ $ NONE $ NONE $ NONE $ NONE $ NONE $ NONE $ NONE RECAPITULATION PRINCIPAL ACCOUNT: Debits $ 32,424.09 Credits $ 24,020.60 Balance $ INCOME ACCOUNT: Debits $ 455.85 Credits $ NONE Balance TOTAL PERSONALTY PRINCIPAL ACCOUNT: Debits $ NONE Credits $ NONE Balance $ NONE INCOME ACCOUNT: Debits $ NONE Credits $ NONE Balance $ NONE LAW OFFICES SNELBAKER BRENNEMAN, P.C. TOTAL REAL ESTATE: to be Distributed to Keith E. Toomey as nistrator D.B.N.C.T.A., successor to Ronald Lee Toomey 8,403.49 455.85 $ 8,859.34 ~ ninniG $ 8,859.34 Page 3 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: Patricia Toomey being duly sworn according to law deposes and says: That she is the Executrix of the Estate of Ronald Lee Toomey, deceased; That the foregoing accounting is based upon the books and records of Ronald Lee Toomey as Executor of the Estate of John H. Toomey, deceased, which she believes to be true and correct. Patricia Toomey Sworn to and subscribed before me this 1~ day of S~~~f e.n, ~Q~ 2011 Notary Public CpM F.ALTH OF PENNSYI,VAN~ ISed Bono,C, ~Y ~y y Nov. 22, 2011 Member, Pennsylvania Association of Notaries LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. Page 4