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HomeMy WebLinkAbout08-22-08 r -> - ~.. ~~ ~~ . , ,- o . ~~. ~. _, FAMILY SETTLEMENT AGREEMENT, - ;^_? `' .., RECEIPT AND RELEASE - ~~ WHEREAS, NORMA J. KAPP, also known as NORMA JEAN=LAPP;': ~..~ also known as N. JEAN KAPP, late of Hampden Township,`,-~ `-. l ' ~~" Cumberland County, Pennsylvania, died on September 25, 2007, having first made her Last Will and Testament in writing dated October 28, 2005, which since her decease was duly probated before the Register of Wills of said Cumberland County and Letters Testamentary issued to CAROL A. RIDER. Executrix, named in the Last Will and Testament of said decedent; and WHEREAS, in Item THIRD of said Will she specifically devised her real estate known and numbered as 214 West Simpson Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, unto her grandson, JOSEPH R. KAPP, JR.; and WHEREAS, in Item FIFTH of said Will she directed that the rest, residue and remainder of her Estate shall be divided equally between her children, CAROL A. RIDER, NANCY L. ALLEMAN, F. ROBERT KAPP, and JOSEPH R. KAPP, SR.; and WHEREAS, the said F. ROBERT KAPP died intestate on August 1, 2007, unmarried and without issue; and WHEREAS, the said CAROL A. RIDER, NANCY L. ALLEMAN, JOSEPH R. KAPP, SR. and JOSEPH R. KAPP, JR., are lineal descendants, heirs and next of kin of the said decedent, the persons named as legatees in her said Will and the only persons interested in her Estate; and LAW OFFICES MARLIN R. McC.4LE6 NOW KNOW ALL MEN BY THESE PRESENTS, we, CAROL A. RIDER, NANCY L. ALLEMAN, JOSEPH R. KAPP, SR. and JOSEPH R. KAPP, JR., being the beneficiaries sharing in the distribution of the Estate of said decedent, do hereby declare and say that we have examined the Account and Schedule of Proposed Distribution of CAROL A. RIDER, Executrix as aforesaid, for the period ending July 11, 2008, and find the same to be accurate and according to law, and we, CAROL A. RIDER, NANCY L. ALLEMAN, JOSEPH R. KAPP, SR. and JOSEPH R. KAPP, JR., distributees as aforesaid, do hereby acknowledge that we this day have, had and received of and from CAROL A. RIDER, the Executrix of the Estate of NORMA J. KAPP, the cash or property set opposite our names in the above stated Schedule of Proposed Distribution, in full satisfaction, payment and discharge of all claims we, or any of us, have or may have against each other or against the Estate of NORMA J. KAPP, Deceased, and all interest accrued thereon. NOW, THEREFORE, we the same CAROL A. RIDER, NANCY L. ALLEMAN, JOSEPH R. KAPP, SR. and JOSEPH R. KAPP, JR., distributees as aforesaid, do by these presents, remise, release, quit-claim and forever discharge each other and the said CAROL A. RIDER, Executrix, her heirs, executors and administrators, of and from our distributive shares 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 under the said decedent's Will, or by LAW OFFICES II MARLIN R. McCALEB -2- 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, Receipt and Release 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 Co- Executors, as shown by said Account, distributed by the Court of Common Pleas of Cumberland County - Orphans' Court Division, we do hereby agree that the within Family Settlement Agreement, Receipt and Release concerning the matter of settlement may be recorded with the same effect upon us 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. AND in consideration of the aforesaid settlement being made without the aid of such Court of Common Pleas - Orphans' Court Division, that we, CAROL A. RIDER, NANCY L. ALLEMAN, JOSEPH R. KAPP, SR. and JOSEPH R. KAPP, JR., distributees as aforesaid, do hereby agree that if any debts or demands other than those included in the aforesaid Account of the said CAROL A. RIDER, the Executrix of the Estate of NORMA J. KAPP, LAW OFFICE~'~ MARLIN R. McCALEB -3- Deceased, shall be hereafter recovered against the Estate of said decedent and be legally payable out of the same, that we will return to the said Executrix such amount thereof as may be necessary to pay such debts or demands. The signature page or pages may be executed by the parties hereto in several counterparts (one by each signatory hereto), each of which is an original and all of which taken together shall be deemed and considered as part of the original document herein. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ' w~ day of ~ ~ 2008. ~,~~--~ ~ ~ ~ I~~~~ ( SEAL ) Carol A. Rider (SEAL) Nancy L. Alleman Joseph R. Kapp, Sr. LAW OFFICES MARLIN R. McCALEB Joseph R. Kapp, Jr. (SEAL ) (SEAL ) -4- Deceased, shall be hereafter recovered against the Estate of said decedent and be legally payable out of the same, that we will return to the said Executrix such amount thereof as may be necessary to pay such debts or demands. The signature page or pages may be executed by the parties hereto in several counterparts (one by each s each of which is an original and all of which shall be deemed and considered as part of the herein. IN WITNESS WHEREOF, we have hereunto set seals this 11th day of August ignatory hereto), taken together original document our hands and 2008. (SEAL ) Carol A. Ri er (SEAL) Na y L. Alleman (SEAL ) Joseph R. Kapp, Sr. LAW OFF7C E5 MARLIN R. Md:ALEB Joseph R. Kapp, Jr. (SEAL) -4- Deceased, shall be hereafter recovered against the Estate of said decedent and be legally payable out of the same, that we will return to the said Executrix such amount thereof as may be necessary to pay such debts or demands. The signature page or pages may be executed by the parties hereto in several counterparts (one by each signatory hereto), each of which is an original and all of which taken together shall be deemed and considered as part of the original document herein. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 11th day of August 2008. Carol A. Rider (SEAL ) (SEAL ) Nancy L. Alleman ~..~. 7~ ~ ~'-~,~ ~h . J . ( SEAL ) Joseph R. Ka p, Sr. Joseph R. Kapp, Jr. LAW OFFICES MARLIN R. McCALEE3 (SEAL) -4- Aug. 8. 24Q8 4:19PM 11769186]8 No. 4535 P. 2 Deceased, shall be hereafter recovered against the Estate of said decedent and be legally payable out of the same, that we will return to the said Executrix such amount thereof as may )~e necessary to pay such debts or demands. The signature page or pages may be executed by the parties hereto in several counterparts (one by each signatory hereto) each of which is an original and all of which taken together shall be deemed and considered as part of the original docume:it herein. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~~- day of ~~ti1-f 2008. (SEAS) Carol A. Rider ' _ (SEA ~) Nancy L. Alleman _ (SEAS) 3oseph R. Kapp, Sr. r ~ (SEAT) Jasep R. app, Jr. r. ~lc~~ NOTARIAL SEAL Dora N. Torres, Notary Public ~ ~j~ y~~ ~,. K~-CC~f° City, of Reading, Becks County " ""^°"'~T~` ~ 'Ay commission expires October I5, 2010 -~C~ ~~~ LAW O~F~CES 1~ MARLiN R. McCALEB -4- STATE OF NEW YORK) SS COUNTY OF MAD~S,ON ) On this, the -~ day of ~ ~ 2008, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared CAROL A. RIDER, 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. ~'/ ~ i L~t,r' otary Pu is My Comm ion expires: (SEAL) KATHY M W!;,`3~1P~ NC~AF~Y PU~~~, ~~A=t"~ ~~r NEW YQRK MCI ~~~t-1~1~'t uC. # a~~v~~~ ~`~~ G~OMM. EXP, t y/2~/201 i yaw oFFicES II MARLIN R. McCALEB -5- STATE OF PENNSYLVANIA) SS COUNTY OF CUMBERLAND) On this, the i 1~'` day of At.sa~~_ 2008, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared NANCY L. ALLEMAN, 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. ~~ Not y Public My commission expires : a ~3 2a>r~ (SEAL ) COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Beth M. Yorlets. Notary Public Upper Allen Tvvp., Cumberland County My Commission E>~ires Feb. 23, 2012 Member, Pennsylvania Assooietidr+ of Notaries ~nw oFFicES MARLIN R. McCALEB -6- STATE OF PENNSYLVANIA) SS COUNTY OF CUMBERLAND) On this, the rl~V~'! day of ~I~YGISf 2008, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared JOSEPH R. KAPP, SR., 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 my hand and official seal. otary ublic ~ My commission expires: ~L~( (SEAL) COMM©NWEALTM OF PENNSYLVANIA Notarial Seat Beverly K. Morgan, Notary Public Upper Allen Twp., Cumberland County My Commission Expires July 7, 2009 Member, Pennsylvania Association of Notaries LAW OFFIC EIS MARLIN R. McCALLB -7- Aug. a. 2ooa 4:19PM 111691$678 No. 4535 P, 3 STATE OF PENNSYLVANIA) SS COUNTY OF BERKS ) On this, the ~~ day of ~!!~u-~-~ 2009, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared JOSEPH R. KAPP, JR., 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 thexe~n contained. IN WITNESS WHEREOF, Y hereunto set my hand and official seal. ~- ~ ~ ~~v Notax'y Public My commission expzres: ~p K 10 (SEAL) NOTARIAL SEAL Dora N. Torres, Notary Public City of Reading, Berks County My commission expires October I5, 2010 LAW OFFICES II MARLIN R, McCALEB -s-