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HomeMy WebLinkAbout06-26-06 o ~ _. s--~ RECEIPT AND RELEASE WHEREAS, Ruth L. Fertenbaugh, late of Hampden Township, County of Cumberland and Commonwealth of Pennsylvania, died on June 5, 2005, having first made her Last Will and Testament in writing probated before the Register of Wills of said Cumberland County on June 10, 2005, and Letters Testamentary were issued on the same date to Gail F. Hess and Lisa R. McKinney, the Executrices named in the Last will and Testament of said Decedent; and WHEREAS, said Executrices has entered upon and completed their administration of said Decedent's Estate as set forth in their 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 KNOW ALL MEN BY THESE PRESENTS, that we, Donald E. Fertenbaugh, Jr., Gail F. Hess and Lisa R McKinney, being th~ 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 Decedent, do hereby declare and say that we, and each of us, have examined the attached Account and Statement of Proposed Distribution, and find the same to be true and correct, and in strict accordance with the terms LAW OFFICES SNELBAKER & BRENNEMAN. P.C. , " ) , " 1(:(, :..:j I l 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 Gail F. Hess and Lisa R. McKinney, Executrices of the Estate of Ruth L. Fertenbaugh, the cash, personalty and/or real estate set opposite our names in the above Statement of Proposed Distribution, in full satisfaction, payment and discharge of all such sum or sums of money, legacies and bequests, share or shares, purports 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 Ruth L. Fertenbaugh, Deceased. NOW, THEREFORE, we, and each of us, the said Donald E. Fertenbaugh, Jr., Gail F. Hess and Lisa R. McKinney, do by these presents, remise, release, quit-claim and forever discharge the said Gail F. Hess and Lisa R. McKinney, their 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 Cumberland County and by having the balance in the hands of the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 Executrices, 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 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 Donald E. Fertenbaugh, Jr., Gail F. Hess and Lisa R. McKinney, 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 Executrices such amounts thereof as may be necessary to pay such debts or demands. IN WITNESS WHEREOF, we have hereunto set our hands and seals --- this }3-t"- day of ~VY\.fl.-- 2006 WITNESSED BY: ~ I Donald E. Fertenbaugh, , cd~ -- rJJ-€4~ Gail F. Hess ~e~rn;;;; (SEAL) Jr. (SEAL) (SEAL) LAW OFFICES SNELBAKER & BRENNEMAN, P,C, 3 Executrices, 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 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 Donald E. Fertenbaugh, Jr., Gail F. Hess and Lisa R. McKinney, 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 Executrices such amounts thereof as may be necessary to pay such debts or demands. IN WITNESS WHEREOF, we have hereunto set our hands and seals tLis ~.2ot-A. di:!Y ()f",}~.-t- 20G6 ~::SSED BY: ~~ ' I 1JJm1ljaJ~. )n (SEAL) Jr. (SEAL) Gail F. Hess (SEAL) LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Lisa R. McKinney 3 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. STATE OF NC1~ (.."L"" COUNTY OF ~....""''> SS. On this the day of -S"'-r.L 2006, before me, a ~v Notary Public in and for said State and County, the undersigned officer, personally appeared Donald E. Fertenbaugh, Jr., known to me (or satisfactorily proven) to be the persons 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. ~~I,~~ b.j,~rt.< Notary Public \:",~"t- J \.t "S'<r't... ~:i'" 4 COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) l3-!h day Of~Ltn~ 2006, before me, a On this the Notary Public in and for said State and County, the undersigned officer, personally appeared Gail F. Hess and Lisa R. McKinney 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. ~RJi~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sandra K. Shovver5, Notary Public Mechanicsburg Bora, Cumberland County My Commission ExpirfJS Nov. 22, 2007 Member. Pennsylvania i\ssociation Of Notaries LAW OFFICES SNELBAKER & BRENNEMAN. P.C. 5 ESTATE NO. 21-05-0522 FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION OF AND BY GAIL F. HESS AND LISA R. MCKINNEY, EXECUTRICES OF THE ESTATE AND UNDER THE LAST WILL AND TESTAMENT OF RUTH L. FERTENBAUGH, DECEASED, LATE OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Gail F. Hess and Lisa R. McKinney, Executrices as aforesaid and Accountants herein, avers as follows: DATE OF DECEDENT'S DEATH: DATE LETTERS TESTAMENTARY ISSUED: June 5, 2005 June 10, 2005 DATES EXECUTRICES NOTICE ADVERTISED: Cumberland Law Journal June 24, July 1, 8, 2005 Patriot-News June 28, July 5, 12, 2005 FIRST AND FINAL ACCOUNT PERSONAL TV - PRINCIPAL ACCOUNT DEBITS The Accountants charge themselves with the receipt of the following items of Decedent's Personalty valued as of the date of Decedent's death: 1. Electronic Data Systems Corp (EDS), 104 shares of common stock valued at $19.26 per share 2. Central Pennsylvania Conference of the United Methodist Church, Certificate of Deposit #15935 3. Community Banks, Certificate of Deposit #348153108 4. CVS Pharmacy, Inc., refund on prescriptions 5. Haar's Auction, net proceeds from sale of household goods 6. Hospice of Central PA, refund on hospice care 7. Household goods, sale value of kitchen table, chairs and recliner 8. Household goods, retained by family 9. Jewelry, consisting of pearl stud earrings and garnet ring (appraised value) 10. Patriot-News, refund on newspaper subscription 11. Community Banks, transfer from joint account #148005163 12. Comcast, refund overpayment on cable TV service 13. Gain on sale of Electronic Data Systems stock 14. CareMark RX Inc., refund due for overcharge on prescriptions 15. Commonwealth of Pennsylvania, overpayment on Inheritance Tax TOTAL, PERSONAL TV, PRINCIPAL ACCOUNT, DEBITS: LAW OFFICES SNELBAKER & BRENNEMAN. P.C. Page 1 $ 2,003.04 5,027.13 10,004.05 2988 856.77 1,512.50 75.00 10,209.00 25.48 48.20 13,743.20 28.63 409.94 961.20 15.79 $ 44,949.81 PERSONAL TV - PRINCIPAL ACCOUNT CREDITS The Accountants claim credit for the payment of the following items from Decedent's Personalty Account: 1. Verizon, phone service 2. Oakwood Center, resident care 3. Holy Spirit Hospital, medical services 4. Comcast, cable TV service 5. AT&T, phone service 6. Register of Wills, Agent, payment on account of Inheritance Tax 7. Munn's Diamond Gallery, jewelry appraisal 8. Gail F. Hess, reimburse for York Waste Disposal dumpster 9. Register of Wills, Agent, Inheritance Tax 10. Register of Wills, filing fee for Inheritance Tax return 11. Jewelry, per agreement of all beneficiaries was given to Ellen Hess (Gail's Daughter) 12. Snelbaker & Brenneman, P.C., attorney services 13. Snelbaker & Brenneman, P.C., costs advanced: a. Cumberland Law Journal, advertising Executrix notice b. Patriot-News, advertising Executrix notice c. Register of Wills, probate fees d. Register of Wills, short certificate 14. Reserve for filing fees, accounting fees and other costs associated with the administration of Decedent's Estate TOTAL, PERSONALTY, PRINCIPAL ACCOUNT, CREDITS: PERSONAL TV - INCOME ACCOUNT DEBITS The Accountants charge themselves with the receipt of the following income from the investment of Personalty Principal: 1. Community Banks, estate checking account, interest 2. Electronic Data Systems Corp (EDS), dividends 3. Central Pennsylvania Conference of United Methodist Church, Certificate of Deposit, interest 4. Community Banks, Certificate of Deposit, interest 5. Community Banks, Certificate of Deposit (opened after death), interest TOTAL, PERSONALTY, INCOME ACCOUNT, DEBITS: PERSONALTY - INCOME ACCOUNT CREDITS LAW OFFICES SNELBAKER & BRENNEMAN. P.C. The Accountants claim credit for the payment of the following items from the Personalty Principal Account: 1. Community Banks, overpayment on Certificate of Deposit #0348152966 and #348153108 2. Stephen L. Hess, preparation of Final Individual Income Tax returns 3. IRS, tax due on Final Individual Income Tax return TOTAL, PERSONALTY, INCOME ACCOUNT, CREDITS: Page 2 $ 57.26 14.03 29.60 90.38 46.38 6,000.00 50.00 512.68 1,033.13 15.00 25.48 2,000.00 541.59 75.00 151.59 311.00 4.00 1,000.00 $ 11,415.53 $ 143.35 10.40 247.87 190.25 3,149.50 $ 3,741.37 $ 131.27 $ 95.00 771.00 997.27 REAL ESTATE - PRINCIPAL ACCOUNT DEBITS The Accountants charge themselves with the receipt of Decedent's Real Estate as follows: 1. Property known and numbered as 604 Bay Street, Hampden Township Cumberland County, Mechanicsburg, PA (sale value) 2. Adjustments made at settlement for property located on Bay Street: a. County and School Taxes b. Sewer/Refuse TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, DEBITS: REAL ESTATE - PRINCIPAL ACCOUNT CREDITS The Accountants claim credit for the payment of the following items from Real Estate Principal Account: 1. Adjustments made at settlement for property located on Bay Street: a. Notary fee b. Transfer tax c. Century 21 Realty & Coldwell Banker, commission 2. United Water Pennsylvania, water service 3. Hampden Township, sewer/refuse service 4. PPL, electric service 5. Marie Huber, real estate taxes 6. L. G. Connor Real Estate, real estate appraisal 7. Keystone Oil, heating oil TOTAL, REAL ESTATE, PRINCIPAL ACCOUNT, CREDITS: REAL ESTATE - INCOME ACCOUNT DEBITS The Accountants charge themselves with the receipt of the income from the investment of Real Estate Principal Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, DEBITS: REAL ESTATE -INCOME ACCOUNT CREDITS The Accountants claim credit for the payment of the following items from the Real Estate Income Account: TOTAL, REAL ESTATE, INCOME ACCOUNT, CREDITS: LAW OFFICES SNELBAKER & BRENNEMAN, p.e. Page 3 672.14 83.75 $ 109,500.00 755.89 $ 110,255.89 $ 8,770.00 10.00 1,095.00 7,665.00 45.59 230.00 380.17 927.21 300.00 254.59 $ 10,907.56 $ NONE $ NONE $ NONE $ NONE RECAPITULATION PERSONAL TV: PRINCIPAL ACCOUNT: Debits Credits Balance INCOME ACCOUNT: Debits Credits Balance TOTAL PERSONALTY REAL ESTATE: PRINCIPAL ACCOUNT: Debits Credits Balance INCOME ACCOUNT: Debits Credits Balance TOTAL REAL ESTATE: TOTAL FOR DISTRIBUTION: LAW OFFICES SNELBAKER & BRENNEMAN, p.e. Page 4 $ 44,949.81 $ 11,415.53 $ 33,534.28 $ 3,741.37 $ 997.27 $ 2,744.10 $ 36,278.38 $ 110,255.89 $ 10,907.56 $ 99,348.33 $ NONE $ NONE $ NONE $ 99,348.33 $ 135,626.71 LAW OFFICES SNELBAKER & BRENNEMAN, P,C, STATEMENT OF PROPOSED DISTRIBUTION Gail R Hess and Lisa R McKinney, Executrices and Accountants herein, proposes to distribute the balance of the Estate of Ruth L. Fertenbaugh, Deceased, to wit: $ 135,626.71 in accordance with the Last Will and Testament of said Decedent as follows: 1, Donald E, Fertenbaugh, Jr. 1/3 of residue as per Item Third of Will Household goods retained In-Kind Cash $ 45,208,90 $ 6,334,00 $ 38,874.90 $ 45,208.90 $ 1,162,00 $ 44,046.90 2. Gail F. Hess 1/3 of residue as per Item Third of Will Household goods retained In-Kind Cash 3. Lisa R McKinney (formerly Lisa R Wert) 1/3 of residue as per Item Third of Will Household goods retained In-Kind Cash $ 45,208,91 $ 2,713,00 $ 42,495.91 TOTAL FOR DISTRIBUTION: $ 135,626,71 Page 5 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Gail F. Hess and Lisa R. McKinney, being duly sworn according to law deposes and says: that they are the Executrices of the Estate and under the Last Will and Testament of Ruth L. Fertenbaugh, Deceased, and the Accountants 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 foreqoing First and Final Account and Statement of Proposed Distribution are true and correct to the best of their knowledge, information and belief. - ~ A'- >>~ - tJwX\) Gail F. Hess Executrice and Accountant ~~.~ , Li~MCKinney Executrice and Accountant Sworn to and subscribed before me this IUh day of3(.A,n.e.-- 2006 ~d~~~ Notary Public COMMONWEALTH OF PENi\lSYLVANIA Notarial Seal Sandra K. Showers, Notary Public Mechanicsburg Bom. Cumberland County My Commission Expin3..<; Nov. 22, 2007 Member. Pennsylvar:ia Associatioll Of Notaries LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Page 6