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Home My WebLink About10-31-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF CLARENCE H. WATSON, DECEASED FILE NO. 2005-00312 FAMILY AGREEMENT AND FINAL RELEASE , i I THIS AGREEMENT by and between DIANE L. KYLE, as Executrix of the Estate o~ i I i CLARENCE H. WATSON, Deceased, and DENISE MEYER (Cormerly Denise SheUhOnsi)' DOREEN R. PEIPER, DIANE L. KYLE and DARWIN BOWERS, individually. i i I WHEREAS, CLARENCE H. WATSON, late of Middlesex Township, Cumberland I County, Pennsylvania, died testate on March 28,2005, having first made his Last Will and I I Testament dated January 19, 1999, which instrument was admitted to probate and is recorded ir \ Cumberland County Courthouse, Register of Wills, File No. 2005-00312; i I WHEREAS, DIANE L. KYLE has been duly appointed as Executrix of the Estate of Clarence H. Watson, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Clarence H. Watson, Deceased, are: 1. Denise Meyer (formerly Denise Shellhouse), stepdaughter 2. Doreen R. Peiper, stepdaughter 3. Diane L. Kyle, stepdaughter 4. Darwin Bowers, stepson f- ") ..') Page 1 of7 \)--. r ,l I (-,') . . ) ~ii .. ;"'_~~""""""'__"""'~"''''',""",,,,_'''~;M'''''"-.-- WHEREAS, DENISE MEYER (formerly Denise Shellhouse), DOREEN R. PEIPER and DIANE L. KYLE are each entitled to a specific bequest of NINE THOUSAND SIX i I HUNDRED DOLLARS ($9,600); ! WHEREAS, DENISE MEYER (formerly Denise SheUhonse), DOREEN R. PEIP~R. I I DIANE L. KYLE and DARWIN BOWERS are entitled to equal shares of the residuary estite; WHEREAS, each of the parties to this Agreement have been furnished with a completp listing of the estate assets, receipts and disbursements as set forth on the Statement of Accoun~ as I I I ! attached hereto and marked as Exhibit A; i WHEREAS, it is the desire of the parties to this Agreement that administration of this I estate be completed and accomplished without a formal accounting to the Orphans' Court I Division of the Court of Common Pleas of Cumberland County, it being the desire of the PartirS I to avoid the expense, delay and publicity of a formal accounting; , Schedule of Distribution attached hereto and marked as Exhibit A. WHEREAS, the parties to this Agreement each acknowledge to have received a propoS1ed I I I I I NOW, THEREFORE, WITNESSETH, in consideration ofthe mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. DIANE L. KYLE, Executrix, does hereby state that she has fully and faithfully I discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correc~ I and fully discloses all significant transactions during the accounting period. She further states \ I that all known claims against the Estate have been paid in full, and to the best of her knowledg9 I Page 2 of7 '"",'~""'<"~-~"....,","""""'~-~...... 'f there are no claims outstanding against the Estate, and all taxes presently due from the Estate i I I 2. Each of the parties to this Agreement does hereby release and forever dischargr the said Executrix, DIANE L. KYLE, her heirs, executors, administrators and assigns, JAN t. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE from anyafd all liability which may from time to time arise in connection with their service as Executrix ~d I \ indemnify and hold them harmless from any and all liability which may arise against the estat1 from creditors or claimants. have been paid. Attorneys of the Estate of Clarence H. Watson, Deceased. The parties do further agree to 3. , Each of the parties does hereby acknowledge receipt ofthe assets described on the I I , I Schedule of Distribution attached hereto. 4. Each ofthe parties acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respecttve heirs, successors, administrators and assigns. \ 5. Each of the parties do further agree with each other and the aforesaid Executrix I I I , I that should any liability come due to the estate of the said decedent after the signing of this I Agreement, each will contribute pro rata his/her share of the estate to satisfy any and all c1aims1 , demands, suits or causes of action which may be successfully prosecuted against the said estate, or the aforesaid Executrix after the signing, sealing and delivery ofthis Agreement. 6. This Agreement shall be governed by the laws ofthe Commonwealth of Pennsylvania. Page 3 of7 ">-~,,,,-_~;-",,__,.._.~,,__, 1 ., .__.. __._~._..............-"""",,_.............,"~-~c~,_..,_.'~ ~ 1 IN WITNESS WHEREOF, I have hereunto set my hand and seal this d ~ day ~f ~ ,2005. WITNESS: 4:lL~ If /16- -:=1ec:u6e/Y DIANE L. KYLE, Execut~d BeneficIary COMMONWEALTH OF PENNSYLVANIA COUNTY OF wm wkv.4 On this the ~ ~ day of nd c)h.// SS: , 2005 before me, a Notary Public, the undersigned officer, personally appeared DIANE L. KYLE, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and I acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~l~ ,COMMONWEALTH OF PENNSYlVANIA . NOTARIAL SEAl DAWN M. SHUGHART. Notary Public ! Bora of Car1ls1e, Cumberland County . My rnt'llm~lnl" !=lmlra~Nov. 2a 2006 Page 4 of7 6'- IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2.) ~ day of (':)~--IZ ,2005. WITNESS: A O.DfU..",Q r2 )'lDI:i,h DENISE MEYER (forme y Demse Shellhouse), Beneficiary STATE OF CALIFORNIA SS: COUNTY OF ~~~~ On this the Z)~ day of 0 ~.~ ,2005 before me, a Notary Public, the undersigned officer, personally appeared DENISE MEYER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \......-----------.-......-.--..........( ... SLA LOESCH ., o COMM. If 1390459 :. . NOTARY PUBUC-CAUFORNIAQO GLENN COUNTY COMM. EXP. DEC. 16.2OO6..to ~~~~ Notary Public Page 5 of7 - IN WITNESS WHEREOF, I have hereunto set my hand and seal this f1ItL day of fJulo~ ,2005. COMMONWEALTH OF PENNSYLVANIA COUNTY OF C\j(\\tcxtJr'C\ On this the 2 q day of ~x(JtI~ DOREEN R. PEIPER, Beneficiary SS: roct:er' , 2005 before me, a Notary Public, the undersigned officer, personally appeared DOREEN R. PEIPER, known to me or I I \ I I I I I I I L I 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 PENNSYLVANIA Notarial Seal Jennifer N. Grove, Notary Pt;blic Silver Spring Twp., Cumberland County My Commission Expires Jan. 28, 2008 Member, Pennsylvania Associatin" nf Notaries ,q~~~lO b~ Not Public . Page 6 of7 --~.""""" IN WITNESS WHEREOF, I have hereunto set my hand and seal this I C} day of Or f- ,2005. WITNESS: d1.t1/?~,j?~lY. DQ /D~6w1a~ COMMONWEALTH OF PENNSYLVANIA COUNTYOF Cum/ae, Itlnd . SS: On this the I C1 day of Oct- , 2005 before me, a Notary Public, the undersigned officer, personally appeared DARWIN BOWERS, 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 m COMMONWEALTH OF PENNS lVANIA NOTARIAl. SEAL PAMELA A. SWITALSKI, N ShlpplnlbUrg Twp., Cumbefl My Oommlllllon Explres Feb. Page 7 of7 "'-"'~-"----'~---"" STATEMENT OF ACCOUNT OF THE ESTATE OF CLARENCE H WATSON DATE OF DEATH 3/28/2005 Real Property 10 Mel-Ron Court, Middlesex Township Personal Property (basis at death) Prudential Financial; 36 shs @ $56.92/sh Orrstown Bank 412732 1997 Buick LeSabre Limited Sedan 4D Central P A Teamsters Pension Fund; final pmt MetLife; Jean Watson policy; Clarence benef Reimbursements/refunds Life insurance/death benefits (Estate benef): Veterans of Foreign Wars Prudential Financial Fraternal Order of Eagles Union Fidelity Life Insurance S Mountain American Legion Post 674 Total Probate Property Income Earned Since Date of Death Interest Prudential Financial dividend Realized loss on sale of Prudential Financial Total Income Expenses Funeral Legal fee; Jan L Brown Administrative costs Debts of decedent Pennsylvania Inheritance Tax Reserve* Total Expenses $ 121,900.00 $ 2,049.12 $ 301.68 $ 1,000.00 $ 281.00 $ 5,000.00 $ 900.92 $ 300.00 $ 5,000.00 $ 500.00 $ 2,500.00 $ 350.00 $ $ $ 18.16 317.90 (42.94) $ 140,082.72 $ 293.12 $ (6,192.85) $ (6,572.00) $ (10,518.45) $ (55,764.17) $ (2,258.08) $ (1.000.00) $ (82,305.55) Net Assets Available for Distribution $ 58,070.29 10/17/2005 Exhibit A, Page 1 ""~_""""".,"",""",-+.........."",I",..,........."..",,",;",,-,,,~, -, DISTRIBUTION TO BENEFICIARIES PURSUANT TO WILL DATED JANUARY 19,1999 Denise Meyer (formerly Denise Shellhouse), stepdaughter Specific cash bequest $ 1;4 residuary estate; cash distrib $ Doreen R Peiper, stepdaughter Specific cash bequest $ 1;4 residuary estate; 1997 Buick LeSabre $ 1;4 residuary estate; cash distrib $ Diane L Kyle, stepdaughter Specific cash bequest $ V4 residuary estate; cash distrib $ Darwin Bowers, stepson 1;4 residuary estate; cash distrib $ Total Distribution 9,600.00 7,317.57 9,600.00 1,000.00 6,317.57 9,600.00 7,317.58 7,317.57 $ 58,070.29 *The reserve balance may increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed equally between the residuary beneficiaries after payment of any additional obligations. The residuary beneficiaries agree to reimburse the personal representative if called upon to pay further liabilities of the decedent in the future. 10/17/2005 Exhibit A, Page 2 -