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Home My WebLink About08-08-08FAMILY SETTLEMENT AGREEMENT WAIVING FILING OF ACCOUNT AGREEMENT executed this - S ~ day of ~~ , 2008, BY AND BETWEEN ANDREA M. GESSNER NOW KNOWN AS ANDREA M. CUCCIUFFO, Executor of the Will of Marianne T. Gessner, Deceased ANDREA M. GESSNER N/K/A/ ANDREA M. CUCCIUFFO, individually, and ROLAND T. GESSNER: WITNESSETH: G~ ~~ WHEREAS, Marianne T. Gessner died on December 21, 2007, having first made and published her Last Wi11 and Testament, in which she named Andrea M. Gessner n/k/a Andrea M. Cucciuffo as Executor. A true and correct copy of said Will is attached hereto, made a part ;hereof and marked as Exhibit A; and r~ -~ ~; -- c~ ,_ WHEREAS, on January 22, 2008, said Will was duly probated by the Refer oJills of ~. 1orthampton County, Pennsylvania, and Letters Testamentary granted thereoxitc'?lidreI. , _ _ -~ ^.~ r. Gessner n/k/a Andrea M. Cucciuffo as Executor; and ~~' ,, rJ WHEREAS, the Executor has proceeded with the administration of said estate an`~ has prepared her First and Final Account and Schedule of Distribution. A true and correct copy thereof is attached hereto, made a part hereof and marked as Exhibit B; and WHEREAS, the Executor has satisfied all specific bequests under the terms of decedent's Last Will and Testament and has also made advance and partial distributions of the residue of the estate. Original Receipt, Release and Refunding Bonds duly executed by named beneficiaries are attached hereto, made a part hereof and marked as Exhibit C; and WHEREAS, the parties hereto desire that the Executor shall not be required to file said Account with the Orphans' Court of Northampton County, and that the net estate of the decedent shall be distributed without the necessity of filing a formal account. NOW THEREFORE, the parties hereto intending to be legally bound hereby, mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of Andrea M. Gessner n/k/a Andrea M. Cucciuffo, Executor of the Estate of Marianne T. Gessner, Deceased, and Schedule of :Distribution relating thereto, and find them to be true and correct, and acceptable to the parties ]Hereto and each of them, and further that each of them has received a copy of this Agreement and of the said Account and Schedule of Distribution. 2. The parties hereto do hereby release, remise and forever discharge the Estate of lvlarianne T. Gessner and Andrea M. Gessner n/k/a Andrea M. Cucciuffo, Executor, of and from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or any of them or their legal representatives or assigns may at any time hereafter have, against the Executor, the said Estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said Estate and/or any claim or interest thereto or therein, and tlhe administration, management, collection, sale or distribution of any of the said assets and for or on account of any money, interest, income, assets or proceeds out of the same, from the time of the death of the said decedent to and including the date of this Agreement and release. 3. This instrument is a full and final Family Settlement Agreement by and among the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded and executed after a full and complete disclosure of the assets of the said estate and the rights of the parties therein and thereto and all of the parties hereto, and each of them, agrees to abide by the terms hereof. 4. The parties hereto, and each of them, agree that they will at all times in the future and whenever necessary, appropriate or convenient, make, execute and deliver to the said Executor, and/or to the party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Agreement and/or to permit, assist and enable the Executor to fulfill her duties with reference to the said estate and all of the assets thereof. 5. This Agreement constitutes the entire understanding among the parties hereto, cued each of them acknowledges that no representations or statement of any kind, written or oral, leave been made to them or any of them prior hereto by the Executor or by any other person or party upon their behalf. 6. This Agreement shall enure to the benefit of and shall be binding upon, the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. WITNESS: n P I ESTATE OF MARIANNE T. GESSNER 1 By Andrea M. Gessner n/k/a Andrea M. Cucciuffo T~ ~ ~ ~ ~ ' ANDREA M. GESSNER n/k/a ANDREA M. CUCCNFFO, In ividually ROLAND T. GESSNER 4. The parties hereto, and each of them, agree that they will at all times in the future and whenever necessary, appropriate or convenient, make, execute and deliver to the said Executor, and/or to the party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Agreement and/or to permit, assist and enable the Executor to fulfill her duties with reference to the said estate and all of the assets thereof. 5. This Agreement constitutes the entire understanding among the parties hereto. and each of them acknowledges that no representations or statement of any kind, written or oral, have been made to them or any of them prior hereto by the Executor or by any other person or .party upon their behalf. 6. This Agreement shall enure to the benefit of and shall be binding upon, the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. '~VITNES S n ESTATE OF MARIANNE T. GESSNER By r ~ 1 l,G~e Andrea M. Gessner n/k/a ,/ Andrea M. Cucciuffo ANDREA M. GESSNER n/k/a ANDREA M. CUCCNFFO, In ividually ,- '~,` i~~~ ROLAND T. GESSNER REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA . ". CERTIFICATE OF GRANT OF LETTERS No . 2008- 00076 PA No . 21- D8- 0076 Estate Of : MARIANNE T GESSNER (First, Middle, Last) Late Of : LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 188-54-4345 WHEREAS, on the 22nd day of January 2008 an instrument dated UfVDATED MARIANNE T GESSNER /First, M%ddle, Lasti late of LOWER ALLEN TOWNSH/P, CUMBERLAND County, who died on the 21st day of December 2007 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wi11s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: ANDREA M GESSNER and N/K/A ANDREA M CUCCIUFFO who have duly qualified as EXECUTOR(R/X) and have agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CAR,! iSLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 2Lnd day of Jar,ua~ y 2000. .'1 f ~, Register' of Wills ;J~% /, ~ ~,/ ~ ~ ~ i ~ ` Deputy '7 ~i EXHIBIT "A" * *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) LAST WILL AND TESTAMENT I, MARIANNE T. GESSNER, of Lower Allen Township, County of Cumberland and Commonwealth of Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my Last 'v9ill and Testar;~ent, hereby revoking and making voiu all former wills, codicils and other testamentary dispositions by me at any time heretofore made. 1. I direct my executrix, hereinafter named, to pay as soon as prac- ticable after my decease all my just debts and the expenses of my last illness and burial. 2. I give, devise and bequeath all the rest, residue and remainder of my estate, whatsoever and wheresoever situate, unto my children, Andrea M. Lessner aiid Roland Lessner, equally, share and share alike. 3. I nominate, constitute and appoint my daughter, Andrea M. Lessner, executrix of this my Last Will and Testament. Should my said daughter fail to qualify or cease to act as executrix, I hereby appoint my son, Roland Lessner, executor of this my Last Will. 4. I direct that my personal representative, as well as her successor, shall not be required to give bond for the faithful per- formance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, MARIANNE T. GESSNER, the Testatrix, have hereunto set my :land and seal to this my Last Will and Testament this day of November, 1988. ~~~~tEe_ 1..`-_,ry~c,~~~ ;~ °~,°--tr~..c' (SEAL) Marianne T. Gessne~ Signed, sealed, published and declared by the above named MARIANNE T. GESSNER as and for her Last Will and Testament in the pres- ence of us, who, at her request and in her presence and in the presence of each other have hereunto subscribed our names as witnesses thereto. ~~ ..~. ~~~ ,,~ -~~ ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF CUMBERLAND ) I, MARIANNE T. GESSNER, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn to and acknowledged before me by ;.1AP.IANNE T. GESSNER, the Testatrix, this ,~~nd day of November, 1988. ~r-- Testatrix ,,~ ,~ C ~~ No a • P lic ~~ .lki~P€t~`r ~. !`•r3.k";fit'; P?~~,x,R7 ~'4~nLIC IRECH11~de~'a%~Ri~ RORU, ~ut~~i;~.,'c~~ "aUNTY _ Atto _ ~I~~'rt~sy~ ania Ma~t-D~r,. i~e;,s.s;~irania Asaoci~iiUa ut Notaries AFFIDAVIT Commonwealth of Pennsylvania ) County of Cumberland )ss. We, William L. Sunday and Mary H. Yates the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by William L. Sunday and Mary H. Yates witnesses this day of November, 1988. Witness ~ ~ _ :~ 1_.... s Nota~y(~ab ~(i c .lEFF•r~'~' ~4. SUNDAY, NdTARY PU9LIC `N!~ ~sl~`"p `:`~:,'1~'E`~F4R~lU~I~TI~v Ml+whta«a. ; :.;;;va,~i~ Atsacfation of Notaries KARL KLINE P.C. Attorney at Law Register of Wills Attention: Wanda Ziegler Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 August 6, 2008 Re: Estate of Marianne Lessner File No. 21-08-0076 Dear Ms. Ziegler: KARL H. KLINE, ESQUIRE ~4 c - O ~= ~:°' --- T, ~_ ~~-" L~ -- G ~ - _:; ~.,, :_ ~ ~~, .. -' r,,, Enclosed please find a Family Settlement Agreement Waiving Filing of Account with Informal Account attached for filing. In addition, I have enclosed a check payable to Register of Wills in the amount of $35.00 representing a filing fee of $20.00 for the Family Settlement Agreement and $15.00 for the Informal Account. In addition, I would appreciate it if you would date stamp the copy of the first page of the Family Settlement Agreement and return it to me in the envelope provided. Should you have any questions, please do not hesitate to contact me. Thank you for your assistance. Very truly yours, EWW:ms KARL KLINE P.C. Ellen W. Wolff Legal Assistant 2925 William Penn Highway • Suite 301 • Easton, Pennsylvania 18045-5283 Phone 610-559-8668 • Fax 610-559-9281 • E-mail karlC~karlkline.com