HomeMy WebLinkAbout08-03-05
Family Settlement & Final Release
Estate of Walter R. Dick
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Know all men by these presents, that Walter R. Dick, late of Carlisle, North
Middleton Township, Cumberland County, Pennsylvania, deceased, died testate on
December 24, 1977 having first made his Last Will and Testament, which was duly
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executed on September 18, 1962 and probated in the office of Register of Wjlls of
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Cumberland County, April 12, 1978. (~
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Whereas, the said Walter R. Dick, by the aforesaid Last Will Glpi;l; Te~~ment,~:;;
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named Sarah Dick and Beulah Bender as co-executrixes of said Last! Will and 1,'1
Testament;
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Whereas, Sarah Dick died March 29, 2005 hereby establishing Beulah Bender as
the sole executrix of the estate and furthermore upon the death of Sarah Dick, allowing
the distribution of the remainder of the estate "to and among all of [Walter R. Dick] the
grandchildren" Exhibit A;
Whereas, Letters Testamentary for the estate of the said decedent were duly
issued by the Register of Wills of Cumberland County, Pennsylvania to the said
executrixes, hereinafter called personal representatives;
Whereas, the personal representative has gathered the assets of the estate of
the said decedent and the assets consist of money in the amount of $58,446.19 as set
forth in exhibit B; also the following is the accounting subsequent the sale of the real
estate; whereas, the debts and deductions, including the payment of inheritance tax for
the said estate, which have now been paid, leave a balance for distribution of
$57,452.19, also as set forth in the statement of the personal representative, which is
attached hereto and marked exhibit "C";
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Whereas the balance for distribution as shown in the said statement marked
exhibit "C" has been reduced to cash and has been distributed as herein indicated in
accordance with the terms of the Last Will and Testament of the said decedent; now
therefore, Barry Bender, Jayme Adams, Dennis Mackey, Patricia Hill, Terry Mackey,
Joyce Hair, Mark Bender, Barbara Minich and Donald Dick being all of the heirs under
the this Last Will and Testament of the said decedent, and being those persons entitled
to inherit under said Last Will and Testament, do hereby each of us acknowledge that
we have this day had and received from the aforesaid personal representative, in full
satisfaction of payment of all sums of money, legacies, bequests and devises as are
given, devised and bequeathed to each of us respectively by the said Last Will and
Testament, the amount due us under said Last Will and Testament, which amount we
have received this day or prior to this day; and each of us hereby stipulate that in order
to avoid the expense and time involved in the filing of a formal account and schedule of
distribution, we each agree that no account is necessary and we do hereby agree that
we do consent to distribution being made without the filling of an account and schedule
of distribution, the same to be with the same force and effect as if they had been filed
and confirmed by the Orphan's Court Division of the Court of Common Pleas of
Cumberland County, Pennsylvania.
THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever
discharge the said personal representative, Beulah Bender, her heirs, executors,
administrators and assigns, of and from the said estate and from all actions, suits,
payments, accounts, reckonings, claims, and demands whatsoever for or by reason
thereof, or for any other use, matter, cause or thing whatsoever, touching upon the
Estate of the said decedent, and each of us do further hereby covenant and agree that
should any liability come due to the estate of the said decedent after the signing of this
Agreement, we and each of us do hereby covenant and agree with each other and the
aforesaid personal representative, that we will contribute pro-rata 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 personal representative
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Date
State of South Carolina
County of Dc::;...ur::olLi
On this, the -1..- 7 day of j urJ.!: 2005, before
me, Jb~ L. &6o~ , the undersigned officer, personally appeared Jayme
Adams, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged to me that she executed the
same for the purposes therein contained.
In witness thereof, I hereunto set my hand and official seal.
/t'! ComiMsion ExpiF18
- May 14, 2007
7/,';/or
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Date
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Donald Dick
State of Vermont .
County of \'~14,J,; A.' \'" A'
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On this, the ( ')
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, 2005,
before
In witness thereof, I hereunto set my hand and official seal.
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Notary Public
after the signing, sealing and delivery of this Family Settlement Agreement and Final
Release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day
and year noted below.
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Date
~~_~2
M~~~~~~sion expires if -I-Df Barry Bender
Date
Witness
Dennis Mackey
Date
Witness
Patricia Hill
Date
Witness
Terrie Mackey
Date
Witness
Joyce Hair
Date
Witness
Mark Bender
Date
Witness
Barbara Minich
after the signing, sealing and delivery of this Family Settlement Agreement and Final
Release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day
and year noted below.
Date Witness
J-)/O~~/ IlltdtV--
Date Witness
Barry Bender
Date
Witness
Patricia Hill
Date
Witness
Terrie Mackey
Date
Witness
Joyce Hair
Date
Witness
Mark Bender
Date
Witness
Barbara Minich
after the signing, sealing and delivery of this Family Settlement Agreement and Final
Release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day
and year noted below.
Date
Witness
Barry Bender
Date
7- /s-- t:J s-
Dennis Mackey
~aLiiud' ;l!cfL
Date
Witness
Patricia Hill
Date
Witness
Terrie Mackey
Date
Witness
Joyce Hair
Date
Witness
Mark Bender
Date
Witness
Barbara Minich
after the signing, sealing and delivery of this Family Settlement Agreement and Final
Release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day
and year noted below.
Date
Witness
Barry Bender
Date
Witness
Dennis Mackey
Date
Witness
Date
Patricia Hill
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~ackey
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Witness
Date
Witness
Joyce Hair
Date
Witness
Mark Bender
Date
Witness
Barbara Minich
after the signing, sealing and delivery of this Family Settlement Agreement and Final
Release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day
and year noted below.
Date
W'itness
Date
Witness
Date
Witness
Date
Witness
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Witness
Date
Date
Witness
Date
Witness
Barry Bender
Dennis Mackey
Patricia Hill
Terrie Mackey
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Joyce Hair
Mark Bender
Barbara Minich
after the signing, sealing and delivery of this Family Settlement Agreement and Final
Release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day
and year noted below.
Date
Witne!=>s
Barry Bender
Date
Witness
Dennis Mackey
Date
Witness
Patricia Hill
Date
Witness
Terrie Mackey
Date
Witness
Joyce Hair
7- /<1 -05
Date
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Witness
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Mark Bender
Date
Witness
Barbara Minich
after the signing, sealing and delivery of this Family Settlement Agreement and Final
Release.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day
and year noted below.
Date
Witness
Barry Bender
Date
Witness
Dennis Mackey
Date
Witness
Patricia Hill
Date
Witness
Terrie Mackey
Date
Witness
Joyce Hair
Date
Witness
Mark Bender
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Date
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Witness
Barbara Minich
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LAW OP'P'ICI:8
LANDI. AHD MCINTOSH
CAptUIU. PI:HN.YLVAHlA
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WILL
I, WALTER R. DICK, of North Middleton Township, Cumberland
County, Pennsylvania, do hereby make, publish and declare the following as
and for my Last Will and Testament.
FIRST: I give, devise and bequeath my entire estate to my two
daughters, Sarah Dick and Beulah Bender, in trust, however, for the follow-
'ing uses and purposes.
1. I direct that my home shall be maintained as a home for
my daughter, Sarah, and my daughter, Dorothy, with the provision that so
long as they use this property as a home, they shall keep the same in repair
and p~y all of the taxes thereon.
2. At such time as they shall no longer desire to make
their home in my residence, or it shall become impossible so to do, then
said trustees shall sell the property and hold the proceeds th~reof in trust,
using the income therefrom to maintain my daughter, Dorothy, and said
trustee shall have the right to use any part of the principal thereof for the
necessary care and maintenance of Dorothy.
3. On the death of Sarah and Dorothy, all of my estate
shall then be divided, share and share alike, to and among all of my grand-
children.
SECOND: I intentionally make no provision in this will for my son,
Harvey L. Dick, or my daughter, Margaret Mackey.
THIRD: I hereby appoint my daughteors, Sarah Dick and Beulah
Bender, as Executors of this will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal at
Carlisle, Pennsylvania, this 18th day of September, 1962.
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Walter R. Dick
(SEAL)
We, the undersigned witnesses, in the presence of Walter R. Dick,
did hear him declare the foregoing to be his Last Will and Testament, and
did witn ss the sig~ thereof by hini. I
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EXHIBIT
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S~PLOYEE NUMBER '.'
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'DEBIT: WIP~filA,NSf\CTlQN~<
AUTHORIZATION 'w. .'.; ..::".;c'j,\.,,,;C.'Vv..w----'
DATE ~.; 1'1 IO:-2~9:7:_,.".. dl)orado
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EXHIBIT
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Estate of
BANK
Account No.:
File No.
Walter R. Dick
M&T Money Market
15004204210873
10714.1
Date No. Payment to or Deposit Received From Amount of ..[ Amount of Total BALANCE
Payment Deposit Deposit
. .
11/24/03 D Proceeds from sale of real estate $ 75,190.65 $ 75,190.65
, ,
12/26/03 I Interest on account $ 119.57 $ 75,310.22
. .
01/26/04 I Interest on account $ 128.03 $ 75,438.25
. .
02/17/04 1 MDWO, escrow account $ 7,200.00 $ 68,238.25
,
02/26/04 I Interest on account $ 125.48 $ 68,363.73
. .
03/26/04 I Interest on account $ 46.19 $ 68,409.92
. .
04/15/04 MDWO, escrow account $ JO,082.00 $ 58,327.92
.
04/26/04 I Interest on account $ 46.35 $ 58,374.27
OS/26/04 I Interest on account $ 40.79 $ 58,415.06
I 06/25/04 W Interest on account 'I D 1$ 40.82 I I
. .
06/25/04 3 Penn Credit Corn (P.pL) $ 323.67 $ 58,132.21
. .
07/26/04 I Interest on account $ 41.98 $ 58,174.19
. .
08/19/04 4 U.S. Treasury, interest on 2003 tax $ 217.50 $ 57,956.69
. .
08/26/04 I Interest on account $ 41.97 $ 57,998.66
.
09/24/04 I Interest on account $ 39.18 $ 58,037.84
, .
10/26/04 I Interest on account $ 49.95 $ 58,087.79
. .
11/26/04 I Interest on account $ 49.35 $ 58,137.14
. .
12/24/04 I Interest on account $ 44.62 $ 58,181.76
. .
01/26/05 I Interest on account $ 56.07 $ 58,237.83
. .
02/25/05 I Interest on account $ 59.38 $ 58,297.21
. .
03/25/05 I Interest on account $ 65.08 $ 58,362.29
. .
04/08/05 5 PA Department of Revenue, 2004 PA 41 tax $ 21.00 $ 58,341.29
due
FIFILES\DA T AFILEIEST A TES\l 0714.I.register
EXHIBIT
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Estate of . Walter R. Dick
MDWO Trust Account Ledger
File No. 10714.1
Date Debit to or Credit From Debit Credit BALANCE
.
02/17/04 Transfer from estate money market account $ 7,200.00 $ 7,200.00
,
02/17/04 Sarah Dick, Executrix Commission $ 1,879.76 $ 5,320.24
,
02/17/04 Sarah Dick, Reimbursement for attorneys fees paid $ 600.00 $ 4,720.24
. previous Iv and miscellaneous estate expenses
,
02/17/04 Beulah Bender, Executrix Commission $ 1,879.77 $ 2,840.47
.
02/17/04 Beulah Bender, Reimbursement for attorneys fees paid $ 1,435.00 $ 1,405.47
previously
.
02/17/04 MARTS ON DEARDORFF WILLIAMS & OTTO, $ 1,269.50 $ 135.97
partial attornev fees and disbursements
.
04/14/04 Transfer from estate money market account $ 10,082.00 $ 10,217.97
04/14/04 2003 Form 1041, fiduciarvincome tax $ 8,428.00 $ 1,789.97
.
04/14/04 2003 FormPA-41, fiduciary income tax $ 1,654.00 $ 135.97
.
07/06/04 MARTS ON DEARDORFF WILLIAMS & OTTO, $ 135.97 $ 0.00
partial attornev fees
F:IFILESIDA T AFlLEIEST A TESII 0714.I.trust. register
ESTIMATED REMAINING ESTATE EXPENDITURES
Beulah Bender, executrix fee:
Turo Law Office (filing, inquiries, close estate)
$494.00
$500.00
Total $994.00
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