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HomeMy WebLinkAbout01-21-14 (3) RECEIPT AND RELEASE WHEREAS, Victor E. Malpezzi, late of Upper Allen Township, County of Cumberland and Commonwealth of Pennsylvania, died on October 24 , 2011, having first made his Last Will and Testament in writing probated before the Register of Wills of said Cumberland County on November 3, 2011, and Letters Testamentary were issued on the same date to Stephen J. Malpezzi, the Executor named in the Last Will and Testament of said Decedent; and WHEREAS, said Executor has entered upon and completed his administration of said Decedent ' s Estate as set forth in his First and Final Account attached hereto, and intends to distribute 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 incorporated herein by reference thereto; and NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that we Stephen J. Malpezzi, Michael J. Malpezzi and James A. Malpezzi, 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 Decede'4t, Ao�—her'eby . O7 C- G� G7 A :. declare and say that we, and each of us, ha,�A :Vx,z�miized attached Account and Statement of Proposed Cgs�,rTbu ion,, 4pd :find LAW OFFICES - -,- 3 ,2 SNELBAKER& BRENNEMAN, P.C. "'O _j O y D UV the same to be true and correct, and in strict accordance with the terms and provisions of said Will, and we do hereby acknowledge that we, and each of us, this day have, had and received of and from Stephen J. Malpezzi, Executor of the Estate of Victor E. Malpezzi, the cash and/or personalty set opposite our names in the above mentioned Statement of Proposed Distribution, in full satisfaction, payment and discharge of all such sum or sums of money, legacies and bequests, share or shares, purparts 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 Victor E., Malpezzi, Deceased. NOW, THEREFORE, we, and each of us, the said Stephen J. Malpezzi, Michael J. Malpezzi and James A. Malpezzi do by these presents, remise, release, quit-claim and forever discharge the said Stephen J. Malpezzi, his heirs, executors and administrators, of and from our said shares or dividends of the Estate aforesaid, and of and from all 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 LAW OWICES SNELBAKER& 2 BRENNEMAN, P.C. Cumberland County and by having the balance in the hands of the Executor, 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 of Proposed Distribution 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, in 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, that we, and each of us, the said Stephen J.. Malpezzi, Michael J.- Malpezzi and James A. Malpezzi 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 to the said Executor such amounts thereof as may be necessary to pay such debts or demands . LAW OMCEs SNELBAKER& 3 BRENNEMAN, P.C. IN WITNESS WHEREOF, we have hereunto set our hands and seals this J�ok day of J/VU Ay, —"2Oly. WITNESSED BY: (SEAL) Ste en Ma e i ---- ��•���� Mich�Malpezzi (SEAL) ) o- jig(SEAL) James A. Mal LAW C CES SNELBAKER& 4 BRENNEMAN, P.C. STATE OF WISCONSIN ) COUNTY OF SS._ ��„� ) On this the day of t �eA1a� 2013, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared Stephen J. Malpezzi, 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 . Notary Public PAR. K/V T Q NOTA)9y o ®z a AU13LIG _ 0 R WISG���\ LAW OFFICES SNELSAKER& 5 BRENNEMAN, P.C. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) SS. On this the day of 201q, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared Michael J. Malpezzi and James A. Malpezzi, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal . Notary Public COMMONWEALTH OF PENNSVIVM14 Sandra K.S�ers5eal MechaNaburg 8pro,Cum�and Coonry MY Commisslon Expires Nov.22,2015 MEMBER,PENNSYLVANiq SOaATION OF NOTARI LAW OFFICES SNELBAKER& 6 BRENNEMAN, P.C. - ESTATE NO.21-11-1181 FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION OF AND BY STEPHEN J. MALPEZZI, EXECUTOR OF THE ESTATE AND UNDER THE LAST WILL AND TESTAMENT OF VICTOR E. MALPEZZI, DECEASED, LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Stephen J. Malpezzi, Executor as aforesaid and Accountant herein, avers as follows: DATE OF DECEDENT'S DEATH: October 24, 2011 DATE LETTERS TESTAMENTARY ISSUED: November 3,2011 DATES EXECUTRIX NOTICE ADVERTISED: Cumberland Law Journal November 18, 25, December 2, 2011 The Sentinel November 10, 17, 24, 2011 FIRST AND FINAL ACCOUNT PERSONALTY-PRINCIPAL ACCOUNT DEBITS The Accountant charges himself with the receipt of the following items of Decedent's Personalty valued as of the date of Decedent's death: 1. U.S. Savings Bond, Series HH Bond with face value of$10,000.00 $ 10,000.00 - jµ{ Y 2. M&T Bank, IRA account No. 35004201749552 2,850.00 3: M&T Bank, IRA account No. 35004201749560 6,640.26 4, PNC Bank, N.A., checking account No. 5112028617 36,246.45 5. PNC Bank, N.A., certificate of deposit No. 11020046510 50,00171 6. PNC Bank, N.A.,certificate of deposit No. 11020046509 50,001.71 7. PNC Bank, N.A., certificate of deposit No. 11020046507 50,001.71 8. U.S. Treasury, civil service 397.00 9. U.S. Treasury, social security benefit 1,569.00 % Malpezzi Funeral Home, refund on funeral services 1,400.00 11. Verizon, refund on phone service 4.32 12. PA Department of Revenue, Inheritance Tax Refund 1,059.89 13. USDA-NFC Health Benefits, refund insurance premiums 3,530.10 14. U.S. Treasury, refund due estate on Final Fiduciary Income Taxes ending 9/30/13 1.00 TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, DEBITS: $ 213,703.15 PERSONALTY-PRINCIPAL ACCOUNT CREDITS The Accountant claims credit for the payment of the following items from Decedent's Personalty Account: 1, Central Medical Equipment Co., medical expense $ 30.00 2. Alert Pharmacy, prescriptions 316.27 LAW OFMCES 3. Verizon, phone service 155.35 SNELBAKER& 4. USDA-NFC Health Benefits, insurance premiums 3,71728 BRENNEMAN. P.C. 5. U.S. Treasury, reverse social security benefit 1,569.00 Page t 6. Home Instead Senior Care, in-home nursing care 3,107.13 7. B. Monica Malpezzi, reimbursement for personal items purchased for decedent 97.00 8. Messiah Village, nursing home care 14,238.15 9. Elizabeth Maye Malpezzi, note payable 86.00 10, Malpezzi Funeral Home, funeral services 12,743.45 11. Register of Wills, Agent, estimated Inheritance Tax 8,500.00 12. Register of Wills, filing fee for Inheritance Tax Return 15.00 13. Register of Wills, additional probate fee 220.00 14. Snelbaker& Brenneman, P.C., attorney fees 2,543.75 15. Snelbaker&Brenneman, P.C., costs advanced as follows: 486.04 a. Register of Wills, probate fees 153.50 b. The Sentinel, advertising Executor's Notice 221.40 c. Cumberland Law Journal, advertising Executor's Notice 75.00 d. FedEx, overnight mailing costs 36.14 16. Register of Wills, filing fee for Receipt& Release with Accounting and 20.00 Inventory TOTAL, PERSONALTY, PRINCIPAL ACCOUNT,CREDITS: $ 47,844.42 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, IRA accounts, interest $ 5.86 2. Federal Reserve Bank, bond interest 1,000.00 3, PNC Bank, N.A.,certificates of deposit, interest 214.56 4. PNC Bank, N.A., estate account, interest 4.18 TOTAL, PERSONALTY,INCOME ACCOUNT, DEBITS: $ 1,224.60 PERSONALTY-INCOME ACCOUNT CREDITS The Accountant claims credit for the payment of the following items from the Personalty Principal Account: 1. United States Treasury, Fiduciary income Taxes ending 9130112 $ 2,409.00 2. PA Department of Revenue, Fiduciary Income Taxes ending 9130112 6.00 3. Greenawalt&Company, P.C., preparation of Fiduciary Income Taxes ending 9130112 475.00 4. Greenawalt&Company, P.C., preparation of Fiduciary Income Taxes ending 9/30/13 475.00 TOTAL,PERSONALTY,INCOME ACCOUNT,CREDITS: $ 3,365.00 LAW 0MCES SNELSAKER& BRENNEMAN, P.C. Page 2 REAL ESTATE-PRINCIPAL ACCOUNT DEBITS The Accountant charges himself with the receipt of Decedent's Real Estate as follows: $ NONE TOTAL, REALESTATE, PRINCIPAL ACCOUNT, DEBITS: $ NONE REAL ESTATE-PRINCIPAL ACCOUNT CREDITS The Accountant claims credit for the payment of the following items from Real Estate Principal Account: $ NONE TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT,CREDITS: $ NONE REAL ESTATE -INCOME ACCOUNT DEBITS The Accountant charges himself with the receipt of the income from the investment of Real Estate Principal Account: $ NONE TOTAL, REAL ESTATE,INCOME ACCOUNT, DEBITS: $ NONE REAL ESTATE-INCOME ACCOUNT CREDITS The Accountant claims credit for the payment of the following items from the Real Estate Income Account: $ NONE TOTAL, REAL ESTATE,INCOME ACCOUNT,CREDITS: $ NONE LAW OFFICES SNELBAKER& BRENNEMAN, P.C. Page 3 RECAPITULATION PERSONALTY: PRINCIPAL ACCOUNT: Debits $ 213,703.15 Credits $ 47,844.42 Balance $ 165,858.73 INCOME ACCOUNT: Debits $ 1,224.60 Credits $ 3,365.00 Balance $ (2,140.40) TOTAL PERSONALTY $ 163,718.33 REAL ESTATE: PRINCIPAL ACCOUNT: Debits $ NONE Credits $ NONE Balance $ NONE INCOME ACCOUNT: Debits $ NONE Credits $ NONE Balance $ NONE TOTAL REAL ESTATE: $ NONE OTAL FOR DISTRIBUTION: $ 163,718.33 LAW OMCES SNELSAKER& BRENNEMAN, P.C. Page 4 STATEMENT OF PROPOSED DISTRIBUTION Stephen J. Malpezzi, Executor and Accountant herein, proposes to stribute the balance of the Estate of Victor E. Malpezzi, Deceased, to wit: 163,718.33 in accordance with the Last Will and Testament of said Decedent s follows: 1. Stephen J. Malpezzi 1/3 of residue as per Item IV of Will $ 54,572.77 Michael J. Malpezzi 1/3 of residue as per Item IV of Will $ 54,572.78 3. James A. Malpezzi 1/3 of residue as per Item IV of Will $ 54,572.78 OTAL FOR DISTRIBUTION: $ 163,718.33 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. Page 5 STATE OF WISCONSIN SS: COUNTYOF QVdxF Stephen J. Malpezzi, being duly sworn according to law deposes and says: that he is the Executor of the Estate and under the Last Will and Testament of Victor E. Malpezzi, 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 Distribution; 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. StepheKJAA&Vezzi Executor and Accountant Sworn to and subscribed before me OQ�R. K/Vtj Atz" this day of 2013 Q Norggy O Z '� AUBLIG Notary Public WISGluj' LAW OFFICES SNELBAKER& BRENNEMAN, P.C. Page 6