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HomeMy WebLinkAbout09-04-13 (2) * � c� . c- ,.? `-` �;_; ' : z--; _ : .--, - -- : . � 4 I ..... ,. � /..... ' . ESTATE OF RICHARD W. WAHL ` ' ' J �' �` ' , . , : , � - e , ; .. . ,. . . , ._� , File No. 21-12-0795 - � "� �� ��� , . �.-; � . +d � _�i FAMILY SETTLEMENT AGREEMENT �1 THIS AGREEMENT made this � day of ,c,�,,�..- , 2013, BETWEEN: MARK R. WAHL, MAX S. WAHL, and MICHAEL L. WAHL, being the legatees under the Last Will and Testament of Richard W. Wahl, late of the Township of Hopewell, Cumberland County, Pennsylvania, AND MAX S. WAHL, Executor of the Estate of Richard W. Wahl, deceased, WHEREAS, Richard W. Wahl died June 6, 2012, testate; and WHEREAS, Letters Testamentary were granted to Max S. Wahl on July 23, 2012, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late Richard W. Wahl have been liquidated or distributed and all his debts paid in full; and WHEREAS, the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Executor, the said parties hereto desire to waive the duty of the Executor to file a First and Final Account with Proposed Schedule of Distribution for purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desire that a Family Settlement Agreement be executed, which Family Settlement Agreement will be duly recorded among the deed records in and for Cumberland County. .� WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . NOW, THEREFORE, WITNESSETH, that the parties hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of their distributive shares as therein shown, do bind themselves to the said Distribution and Accounting as set forth and further mutually release Max S. Wahl, Executor, from all claims and demands whatsoever arising out of settlement of the Estate of Richard W. Wahl. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representative that they will contribute pro rata their shares 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 personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: � v' / � � " SEAL � ) Mark R. Wahl a � (SEAL) ax S. Wahl , �, r ;' ' � � � � � (SEAL) ` _- Michael L. Wahl WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF Ct��" �r��'c�G� : On this, the � day of ��-+-�, , 2013, before me, the undersigned officer, personally appeared ARK R. WAHL, 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. COMMONWEALTH OF P NNSYLVANIA ` �� /�"/� ,�L�. (SEAL) NOTARtAL SEAL � �.IxH!!ZHONG,Notary P�blic � � Hampden Twp.,Cumbertand County �,,yy�,�mmission Expires August 3,2014 .:,..,P....�..,��.ti. STATE OF MARYLAND : �_ J : SS COUNTY OF t���� : On this, the 3� day of �( , 2013, before me, the undersigned officer, personally appeared MAX S. WAHL, 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. My ���1$��"�s,2;i��'reS ���� �SEAL) WEIGLE & ASSOQATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 , STATE OF MARYLAND : : SS COUNTY OF M�tiT�o"^�R� : � L On this, the �-� day of �tL(�I�L , 2013, � before me, the undersigned officer, personally appeared MICHAEL L. WAHL, 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. UVI fA E��I�� AL) NOtARY PU9� � MOWTG��I�iIERY��NrQtJNTY �R1► ID MY CCAMM3ilON E�IR�I 0!L'EArE11,4,701a WEIGLE b� ASSOCIATES, P.C. — ATTORNEYS AT LAW — 126 EAST KING STREET — SHiPPENSBURG, PA 17257-7397 \ 1 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0795 Estate of Richard W.Wahl, Deceased Hopewell Township, Cumberland County First and Final Account Max S. Wahl, Executor Date of Death: 06/06/2012 Date of Incapacity, if any: None Date of Executor's Appointment: 07/23/2012 Date of First Complete Advertisement: 08/03/2012 Accounting for the period: 06/06/2012 to 06/13/2013 Purpose of Account: Max S.Wahl, Executor, offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A.Weigle Esquire Weigle 8�Associates, P.C. 126 East King Street Shippensburg, PA 17257 717/532-7388 Supreme Court I.D. No. 01624 ' SUMMARY OF ACCOUNT Estate of Richard W.Wahl, Deceased For the neriod of June 6F 2012 throu�h June 13, 2013 Fiduciary Current Acquisition PAGES Value Value Proposed Distributions to Beneficiaries 12 135,820.62 135,820.62 PRINCIPAL Receipts: This Account 3 473,444.50 Net Gain (or Loss) on Sales 4 147.50 or Other Dispositions 473,592.00 Less Disbursements: Debts of Decedent 5 4,793.71 Funeral Expenses 5 6,936.99 Administration Expenses 5 -6 22,804.09 Federal, State 8� Local Taxes 6 17,872.23 Commissions 0.00 Fees 6 8,500.00 Family Exemption 6 -7 3,500.00 64,407.02 Balance Before Distributions 409,184.98 Transfer to (from) Principal o.00 Distributions to Beneficiaries 8 273,364.36 Principal Balance on Hand 9 135,820.62 For Information: Investments Made Changes in Holdings 10 INC ME Receipts This Account 0.00 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 0.00 Less Disbursements 0.00 Balance Before Distributions 0.00 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 11 135,820.62 Signature 13 Verification 14 - 2 - SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash Vanguard-beneficiaries sons of decedent-Max S. 205,246.55 Wahl, Michael L.Wahl,and Mark R.Wahl Total Cash 205,246.55 Stocks/Listed 50.00000 shares Prudential Financial-stock 2,352.50 Total Stocks/Listed 2,352.50 Real Estate Residence-22 Rich's Drive,Shippensburg, Hopewell 240,000.00 Township, Cumberland County, PA,sold 1-8-13 Total Real Estate 240,000.00 Total Receipts 447,599.05 Subsenuent PrinciRal Recei� 05/22/2013 Contribution by spouse-for payment of funeral 22,890.74 expenses,debts of decedent,administrative expenses,taxes,and attorney fees 07/08/2012 Highmark Blue Cross/Blue Shield-refund 853.93 01/08/2013 School Tax Proration at real estate settlement 1,754.30 08/18/2012 State Farm -refund 346.48 Total Subsequent Principal Receipts 25,845.45 Total Adjustments and Subsequent Receipts 2s,845.45 Total Receipts of Principal 473,444.50 - 3 - SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS - PRINCIPAL � � 09/03/2012 50.00000 shares Prudential Financial Net Proceeds 2,500.00 Fiduciary Acquisition Value -2,352.50 147.50 TOTAL GAINS AND LOSSES/PRINCIPAL 147.50 LESS LOSS NET GAIN OR LOSS 147.50 - 4 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 06/11/2012 Century Link 54.46 06/11/2012 Reese's Plumbing 90.00 06/14/2012 State Farm 404.00 07/02/2012 Direct TV 71.08 07/02/2012 Internet 30.75 07/02/2012 Penelec 169.85 07/09/2012 Harry Killian,Tax Collector-2012 school taxes 3,701.27 07/09/2012 Harry Killian,Tax Collector-personal taxes 9.80 07/31/2012 Weigle 8�Associates, P.C.-outstanding billing for 262.50 work prior to date of death Total Debts of Decedent 4,793.71 Funeral Ex ep nses 06/11/2012 Reception Food 48.13 06/15/2012 Fogelsanger-Bricker Funeral Home 6,882.00 06/17/2012 Wreath and Ribbon 6.86 Total Funeral Exoenses 6,936.99 Administration Ex ep nses 06/08/2012 Exxon-lawn mower gas 17.10 06/09/2012 Washington County Solid Waste-pump debris 33.00 07/20/2012 Register of Wills,Cumberland County-Letters 71.50 Testamentary and Short Certificates 07/25/2012 Cumberland Law Journal-advertising Letters 75.00 Testamentary 07/29/2012 Max S.Wahl -executor expenses including travel 13.86 08/04/2012 Wal Mart-residence keys 5.35 09/18/2012 News Chronicle-advertising Letters Testamentary 113.00 10/07/2012 Rosenberry's Septic 362.40 10/19/2012 Full Blast-pressure wash of house exterior 534.24 - 5 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 12/19/2012 T. L. Shetter, LLC-dumpster rental and trash removal 1,135.00 01/08/2013 Personal Property Auction Expenses-spousal 2,598.39 expenses included on real estate settlement sheet but not deductible by estate 01/08/2013 Real Estate Settlement Expenses-including County 17,441.25 Tax Pro�ation($14.79); Realty Transfer Tax ($2,400.00);and Auctioneer Fees($15,026.46) 01/08/2013 Register of Wills, Cumberland County-one Short 4.00 Certificate 02/01/2013 Register of Wills, Cumberland County-filing PA 15.00 Inheritance Tax Return 02/18/2013 Linda K. Klein-notary fee 20.00 02/18/2013 Register of Wills,Cumberland County-additional 290.00 probate fee 02/18/2013 Weigle 8�Associates, P.C.-reserve for filing Family 75.00 Settlement Agreement with Register of Wills, Cumberland County Total Miscellaneous Administrative Exnenses 22.804.09 Federal, State, and Local Taxes 08/31/2012 Register of Wills,Cumberland County-PA 8,000.00 Inheritance Tax payment at discount 02/18/2013 Register of Wills,Cumberland County-PA 9,872.23 Inheritance Tax balance due Total Taxes 17.872.23 Fees 08/15/2012 Weigle&Associates, P.C.-partial attorney fee 1,500.00 01/15/2013 Weigle 8�Associates, P.C.-partial attorney fee 3,000.00 02/18/2013 Weigle 8�Associates, P.C. -balance of attorney fee 4,000.00 Total Fees 8,500.00 - 6 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Family Exem tp ion 06/13/2013 Coleta A.Wahl,spouse-22 Rich's Drive, 3,500.00 Shippensburg, PA 17257 Total Familv Exemntion 3,500.00 TOTAL DISBURSEMENTS OF PRINCIPAL 64,407.02 - 7 - SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Mark R.Wahl 07/06/2013 Vanguard 68,415.52 68,415.52 Max S.Wahl OS/20/2013 Partial Distribution-CASH 68,117.81 07/06/2013 Vanguard 68,415.52 136,533.33 Michael L.Wahl 07/06/2013 Vanguard 68,415.51 68,415.51 TOTAL DISTRIBUTIONS TO BENEFICIARIES 273,364.36 - 8 - PRINCIPAL BALANCE ON HAND Current Value Fiduciary 06/13/2013 Acquisition # Units Description or as Noted Value �asb Estate Funds 135,820.62 135,820.62 Total Cash 135,820.62 135,820.62 13 5,820.62 13 5,820.62 - 9 - SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS # Units � Prudential Financial 06/06/2012 50.00000 Inventoried 2,352.50 09/03/2012 -50.00000 Sold -2,352.50 0.0000 0.00 Vanguard 06/06/2012 Inventoried 205,246.55 07/06/2013 Distributed -68,415.52 O7/06/2013 Distributed -68,415.52 07/06/2013 Distributed -68,415.51 0.00 Total o.00 - 10 - COMBINED BALANCE ON HAND Current Value Fiduciary 06/13/2013 Acquisition # Units Description or as Noted Value �.ash Estate Funds 135,820.62 135,820.62 Total Cash 135,820.62 135,820.62 135,82 0.62 135,820.62 - 11 - � PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 06/13/2013 Acquisition or as noted Value TO: Mark R.Wahl One-Third Share of Estate($136,395.00)-less prior distributions of 67,979.48 67,979.48 $68,415.52 67,979.48 67,979.48 TO: Max S.Wahl One-Third Share of Estate($136,394.99)-less prior distributions of -138.34 -138.34 $136,533.33 -138.34 -138.34 TO: Michael L.Wahl One-Third Share of Estate($136,394.99)-less prior distributions of 67,979.48 67,979.48 $68,415.51 67,979.48 67,979.48 Tota I 135,820.62 135,8 20.62 ( - 12 - , ` In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0795 Estate of Richard W.Wahl, Deceased Signature Max S. ahl, Executor - 13 - < . In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-12-0795 Estate of Richard W.Wahl, Deceased Verification Max S.Wahl, Executor under the Last Will and Testament of Richard W.Wahl, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to his/her knowledge,there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: � /3�a��� Max S. ahl, Executor - 14 -