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HomeMy WebLinkAbout08-03-05 Family Settlement & Final Release Estate of Walter R. Dick il'-" w- ,q I 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 1-.;> executed on September 18, 1962 and probated in the office of Register of Wjlls of l_.., L:.;"l Cumberland County, April 12, 1978. (~ G-) , (.,J Whereas, the said Walter R. Dick, by the aforesaid Last Will Glpi;l; Te~~ment,~:;; --.- :.~ r-=:, named Sarah Dick and Beulah Bender as co-executrixes of said Last! Will and 1,'1 Testament; en 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"; .'J-- 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 bl"Z-7 It: '~- , I 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 f I Date (kx~(;f:J2 Donald Dick State of Vermont . County of \'~14,J,; A.' \'" A' j ..... On this, the ( ') me,~~~\~ ~\~\( , 2005, before In witness thereof, I hereunto set my hand and official seal. & ~ -/. . ..-I b / ti ';J(JD7- . _ . ;!~/J1 1-/~ - /..-VIM r::x d/ ''J '-~ . 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. lJ),J~ Cf~p_~r__ 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 ~~ 1flIlt!/Llf- ~ackey ~Y' fJ-/- Or- 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 ~2j.;tJ~ ~~IJIX>IJ~ . Witness Date Date Witness Date Witness Barry Bender Dennis Mackey Patricia Hill Terrie Mackey r) (4~ -/;;.~ 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 ~~ [ Sa-vu Ld G/I'c(. f'. 11u.. e r Witness /YJad ~ tY)/JU ~ oa.. 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 " ~ :J(}t)~ Date 0~( (UJ~ &//wd4rJ '-jjtt?l'd Witness Barbara Minich ,I LAW OP'P'ICI:8 LANDI. AHD MCINTOSH CAptUIU. PI:HN.YLVAHlA ,- . .' .. 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. (}fa!tt Ii. 8~;> 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 j i i ... EXHIBIT j A essingWork 'al Balancing :h/Dept. , " r S~PLOYEE NUMBER '.' I' /5'1?:V1.... > I '.'/ I' f'-I,:;.: ....1 . - <. ,:,~;:f: , ,'-' ~)_ :) , .:1--:-. :.j' il g 'DEBIT: WIP~filA,NSf\CTlQN~< AUTHORIZATION 'w. .'.; ..::".;c'j,\.,,,;C.'Vv..w----' DATE ~.; 1'1 IO:-2~9:7:_,.".. dl)orado I,' ." ,.'.,.. , j' t l' \ .J-. . t .1 " 1 . -'u"l: :1, ~r .- .1. . ~~l; . :; \. :\ ./,~~./.. .._____.._~_~.l _.__~___~__~_ EXHIBIT I B 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 I C 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 . <