HomeMy WebLinkAbout08-07-13 �,,. c� FAMILY SETTLEMENT AND FINAL RELEASE
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�M.;� :••�� � ;��O�V ALL MEN BY THESE PRESENTS, THAT WHEREAS, Sandra L.
�.�.:I �i_.i� ti. �
���;�, 4 :.. Kane, I a��.�f�,ower A l l e n T o w n s h i p, C u m b e r l an d C o u n t y, P e n n s y l v an i a, d e c e a s e d, d i e d
� ����w o�Au`g`�us��. 1� 2012, having first made her Last Will and Testament, which was duly
� � e��ecuted�i:�.ine 27, 1994, and modified by a Codicil executed on January 12, 1998,
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� y record in Cumberland County, Pennsylvania, Estate No. 2112-00922.
WHEREAS, the said Sandra L. Kane, by the aforesaid Last Will and Testament,
named Patrick M. Kane as Executor of said Last Will and Testament; and
WHEREAS, the said Executor has gathered the assets of the estate of the said
decedent and the assets consist of personal property for a total value of$485,672.85 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$69,687.01, 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 Sandra L. Kane,
of$415,985.84, 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 we, Patrick M. Kane, Dennis J. Kane,
, Kevin T. Kane, Meghan J. Kane, and St. Theresa's Catholic Church, being all of the 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 op�osite 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, paxents, 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.)
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this 'Z� day
of June, 2013.
WITNESS:
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Pat ck M. Kane, ExecutorBeneficiary
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
On this `L S�day of June, 2013, before me, the undersigned officer, personally
.�
appeaxed Patrick M. 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.
� ,
Not Public
COMMONWEq1,-�!OF PENNSYLVANIA
STEPHANI�E�MARjpER,�N tary public
Camp Hill Boro.,Cumberland County
My Gommission Expires November 19,2013
3
IN WITNESS WHEREOF, I have hereunto set my hand and seal this�_day
of June, 2013.
WITNESS:
Meghan J. ane, Beneficiary
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF Cit�� .
.
�'�'
On this° '�day of June, 2013, before me, the undersigned officer, personally
appeared Meghan 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 she executed the same for the purposes therein contained.
_ �
ot Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
STEPHANIE M.RIDER,�and Counity
Camp Hdi Boro.,� November 19,2013
My Gommis�ion F�cp�
4
IN WITNESS WHEREOF, I have hereunto set my hand and seal this �I day
of June, 2013.
WITNESS:
�/�,,,,,,, �y�'
Dennis J ane, Benefi ary
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF� C�l.��n (� •
On this o�l S�day of June, 2013, 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.
�
Not Public
COMMONWEALTH OF PENN51f�Wl�lNl1�
NOTARIAL SEAI
. STEPHANIE M.RiDER,Notary Public
Camp Hill Boro.,Cumberland County
My Commission Expires November 19,2013
5
IN WITNESS WHEREOF, I have hereunto set my hand and seal this�day
of June, 2013.
WITNESS:
: Ke T. Kane, Beneficiary
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF C'i(�t I�vl •
.
On this v���day of June, 2013, before me, the undersigned officer, personally
appeaxed 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.
�
� � r
Not Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
S7EPHANIE M.RIDER,Notary Public
Cam�Hill Boro.,Cumberiand County
My Commission Expires November 19,2013
6
IN WI'T"NESS`JVHEREtJJF, I have hereunto set my hand and seal this����ay
of.�f�2013.
��VIT2�]ESS:
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: `�� �� St. Theresa's Cathalic Ch ch,Beneficiary
Robert M, Gillelan, r.
Ct�11�IMONV'VEALTH+DF PEAiNS�I.V�A��A :
: SS.
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COUNTY OF :
On this ,�f,� day a 013, before me, the unde�signed offiicer, persanally
. appeared the authorized representative of St. Theresa's Cathalic Church, and known ta
m.e {or satisfacto�ily proven} to be the entity whose name is subscribed ta the foregoing
' insttument, and acknowledged that it executed the same for the purposes therein
cantained.
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FIRST AND FINAL ACCOUNT OF THE
ESTATE OF SANDRA L. KANE
LATE OF LOWER ALLEN TOWNSHIP,
CUMBERLAND COUNTY,PENNSYLVANIA
DEBITS
Your Accountant charges herself with the following:
Real Prouertv Value
241 Bailey Street $ 26,044.97
New Cumberland, PA
(20%Interest)
Personal Prouertv
Prudential Stock $ 8,385.49
Prudential Checking Account $ 28,615.42
Apria Healthcare -Reimbursement for overpayment $ 76.04
Cumberland County-Death Benefit $ 100.00
2003 Honda Accord $ 5,950.00
Foremost Insurance - Homeowners Insurance Refund $ 386.80
USAA-Dividend $ 211.02
USAA-Insurance Refund $ 59.37
Miscellaneous Household Items $ 1,336.00
OIP -Medical Refund $ 15.00
PA American Water Company-Water Bill Refund $ 13.38
USAA- Car and Homeowners Insurance Refund $ 4,482.66
M&T Bank Checking Account# 50097989 $ 24,064.96
Sovereign Bank Checking Account#1051085632 $ 25,314.54
Sovereign Bank Certificate of Deposit No. 1055289035 $ 10,176.40
PA State Employees Credit Union Savings Account $ 2,080.16
Commonwealth of PA -Retirement $ 153,119.00
Reliance Standard Life Insurance Company-Annuity $ 60,390.12
Reliance Standard Life Insurance Company-Annuity $ 34,875.84
Lincoln National Life Insurance Company-Annuity $ 36,654.60
: Lincoln National Life Insurance Company-Annuity $ 62,712.48
PA Department of Revenue - Refund to be Received $ 608.60
TOTAL PRINCIPAL DEBITS $ 485,672.85
EXHIBIT A
CREDITS
Your Accountant asks credit for payments made from Principal Account as follows:
Description Amount
Parthemore Funeral Home - Funeral Bill $ 12,030.00
Catholic Cemeteries - Burial $ 1,060.00
Gullifty's- Funeral Luncheon $ 1,007.00
Olde Town Flowers - Funeral Flowers $ 411.81
Dennis Kane -Reimbursement for Reception $ 699.00
Law Offices of Craig A. Diehl -Attorney Fees $ 13,778.20
Cumberland County Register of Wills - Probate Fees $ 300.50
Cumberland County Law Journal - Estate Advertisement $ 75.00
The Carlisle Sentinel - Estate Advertisement $ 200.16
Law Offices of Craig A. Diehl -Reimburse DPW& Inheritance Tax Mailing $ 26.27
PP&L -Electric Bills $ 345.29
PA American Water- Water Bills $ 355.48
Hardy's Auction-Auction Fee $ 50.00
Mark Heckman- Real Estate Appraisal $ 400.00
Sovereign Bank- Documentation Fee $ 20.00
Cumberland County Register of Wills - File Inheritance Tax Return $ 15.00
Cumberland County Orphans Court- File Family Settlement Agreement $ 20.00
Comprehensive Remodeling- Addition to house due to disability $ 15,457.56
Scotts Turf Builder-Lawncare $ 118.72
Verizon-Phone Bills $ 214.67
Scotts Lawn Caxe -Lawncare $ 85.94
USAA- Car Insurance $ 181.02
Robin Gasperetti, Tax Collector- Per Capita Tax $ 9.80
Buchanan Erb -Boiler Repair $ 201.00
New Cumberland-Trash& Sewer Bills $ 345.72
Gingrich Memorial - Tombstone Inscription $ 45.00
Buchanan Oil -Heating Oil $ 799.51
Comcast-Television Service $ 74.83
Foremost Insurance - Homeowners Insurance $ 643.80
Cumberland County Register of Wills - Inheritance Tax Payment $ 18,000.00
Robin Gasperetti, Taa�Collector-Real Estate Taxes $ 2,715.73
TOTAL PRINCIPAL CREDITS $ 69,687.01
EXHIBIT B
RECAPITULATION
Principal Debits $ 485,672.85
Principal Credits $ 69,687.01
BALANCE AVAILABLE FOR DISTRIBUTION FROM
ESTATE OF SANDRA L. KANE $ 415,985.84
EXHIBIT C
SCHEDULE OF PROPOSED DISTRIBUTION
The Personal Representative proposes distribution of the Balance for Distribution to the
following heirs as described:
Patrick M. Kane $ 103,746.46
3033 Chestnut Street Minus: Retirement/Annuity Dist. $ (86,938.01)
Camp Hill, PA 17011 Personal Property $ (334.00)
$ 16,474.45
Dennis J. Kane $ 103,746.46
106 South 36th Street Minus: Retirement/Annuity Dist. $ (86,938.01)
Camp Hill,PA 17011 Personal Property $ (334.00)
$ 16,474.45
Kevin T. Kane $ 103,746.46
617 Reed Street, #300 Minus: Retirement/Annuity Dist. $ (86,938.01)
Philadelphia, PA 19147 Personal Property $ (334.00)
$ 16,474.45
Meghan J. Kane $ 103,746.46
80 White Dogwood Drive Minus: Retirement/Annuity Dist. $ (86,938.01)
Personal Property $ (334.00)
$ 16,474.45
St. Theresa's Catholic Church Bequest $ 1,000.00
1300 Bridge Street
New Cumberland, PA 17070
� 66,897.80
EXHIBIT D
BANK ACCOUNT RECONCILIATION
Bank Balance as of 6/18/13 $ 99,409.04
Items To Be Paid:
Law Offices of Craig A. Diehl $ (10,778.20)
Law Offices of Craig A. Diehl Reimburse for Mailings $ (26.27)
Bequest- St. Theresa's Catholic Church $ (1,000.00)
Filing Fee -PA Inheritance Tax Return $ (15.00)
Filing Fee -Family Settlement Agreement $ (20.00)
$ 87,569.57
Items To Be Received:
PA Inheritance Tax Refund $ 608.60
Personal Property to be Distributed $ (1,336.00)
, $ 86,842.17
, Bank Balance per Family Settlement Agreement $ 86,897.80
Shortage on Account $55.63
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