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HomeMy WebLinkAbout09-06-07 LAW OFFICES MARLIN R. McCALEB ~ \ - ()(o-OE9L) ("J Co '-:'~n '.~r33 -'/ ,/...... r-~ c..::J = --I en lv(, -0 I 0"' FAMILY SETTLEMENT AGREEMENT, RECEIPT AND RELEASE -)C) '~~2 --l'l --' ~5 ::---\ -rJ -,~ -c.". w W -..l WHEREAS, DONALD L. SWENSON, late of the Township of Lower Allen, Cumberland County, Pennsylvania, died on October 8, 2006, having first made his Last will and Testament in writing dated September 8, 2006, which since his decease was duly probated before the Register of Wills of said Cumberland County and Letters Testamentary issued to SUE ANN SIDELL, Executrix named in the Last will and Testament of said decedent; and WHEREAS, CAROLYN E. BARTLEBAUGH is a person named in said will as a beneficiary of the said decedent and is one of the persons interested in his Estate; and NOW KNOW ALL MEN BY THESE PRESENTS, that I, CAROLYN E. BARTLEBAUGH, being a beneficiary of the Estate of said decedent, do hereby declare and say that I have examined the Account and Schedule of Proposed Distribution of SUE ANN SIDELL, Executrix, as aforesaid, for the period ending August 21, 2007, and find the same to be accurate and according to law, and I, CAROLYN E. BARTLEBAUGH, beneficiary as aforesaid, do hereby acknowledge that I, this day have, had and received of and from SUE ANN SIDELL, Executrix under the Last Will and Testament of DONALD L. SWENSON, the cash or property set opposite my name in the above stated Schedule of Proposed Distribution, in full satisfaction, payment and discharge of all claims I have or may have against the Estate of DONALD L. SWENSON, Deceased, and all interest accrued thereon. NOW, THEREFORE, I, the same CAROLYN E. BARTLEBAUGH, the beneficiary as aforesaid, do by these presents, remise, release, quit-claim and forever discharge the said SUE ANN SIDELL, Executrix, her heirs, executors and administrators, of and from my distributive share of the Estate as set forth in the Schedule of Proposed Distribution aforesaid, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or by contract, or under the intestate law of the Commonwealth of Pennsylvania, or by reason of any other act, matter, cause or thing whatsoever, from the beginning of the world to the day and date of these presents, except for any obligations arising under this Family Settlement Agreement, or under the Schedule of Proposed Distribution. 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 County and by having the balance in the hands of the Executrix, as shown by said Account, distributed by the Court of Common Pleas of Cumberland County - Orphans' Court Division, I do hereby agree that the within Family Settlement Agreement, concerning the matter of settlement may be recorded with the same effect upon me as if the same had been reported upon by said Court, and a decree of distribution made on such report by the said Court of Common Pleas - Orphans' Court Division. LAW OFFICES MARLIN R. McCALEB -2- LAW OFFICES MARLIN R. McCALEB AND in consideration of the aforesaid settlement being made without the aid of such Court of Common Pleas - Orphans' Court Division, that I, CAROLYN E. BARTLEBAUGH, beneficiary as aforesaid, do hereby agree that if any debts or demands other than those included in the aforesaid Account of the said SUE ANN SIDELL, the Executrix under the Last Will and Testament of DONALD L. SWENSON, Deceased, as hereinbefore set forth, shall be hereafter recovered against the Estate of said decedent and be legally payable out of the same, that I will return to the said Executrix such amount thereof as may be necessary to pay such debts or demands. IN WITNESS WHEREOF, I have hereunto set my hand and seal this tt~ day of ,,Je..jdfAnM ,2007. ~!:dl~J/:ASEAL) -3- LAW OFFICES MARLIN R. McCALEB COMMONWEALTH OF PENNSYLVANIA) SS COUNTY OF CUMBERLAND) ,I!v day of , ~~~~6e,. , 2007, On this, the before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared CAROLYN E. BARTLEBAUGH, 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. ti~?LaClk Notary Public My commission expires: ( SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marlin R. McCaleb, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Dec. 14,2010 Member, Pennsl/lvania Association of Notaries -4-