HomeMy WebLinkAbout08-25-08 (2)IN THE MATTER OF THE ESTATE IN THE COURT OF COMMON PLEAS
OF GOLDIE E. HARTMAN, OF CUMBERLAND COUNTY, PENNSYLVANIA
DECEASED ORPHANS" COURT DIVISION
NO. 2008-0091
. PA NO. 21-08-0091 ;~-
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ESTATE SETTLEMENT AGREEMENT --~ "'
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THIS AGREEMENT, made this ~ZN4 day of AU-9~tST ~, ~ 20F~'8.
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WITNESSETH: ~~
THE CIRCUMSTANCES leading up to the execution of this
Agreement are as follows:
1. GOLDIE E. HARTMAN (the ~~Decedent"), died testate on
September 27, 2007, and JUDITH E. STAZEWSKI duly qualified with the
Register of Wills of Cumberland County, Pennsylvania, as the
Executrix (the ~~Executrix") of the Decedent's probate estate (the
~~Estate") .
2. The SECOND paragraph of the Decedent"s Last Will and
Testament (the ~~Will") provides for the bequeath of All the rest,
residue and remainder of my estate ... I give and bequeath to m,y
daughter, JUDITH E. STAZEWSKI.
3. JUDITH E. STAZEWSKI is the ~~Beneficiary". Tr.e
Beneficiary desires the Executrix to settle the Estate informally
in order to avoid the expense and delay involved with the formal
adjudication of a First and Final Account by the Orphans' Count
Division of the Court of Common Pleas of Cumberland Count~~,
Pennsylvania (the ~~Court") .
5. The Beneficiary desires to forever settle and compromisE~
any and all claims and rights which she may possess, now o.r
hereafter, in the Estate and to confirm her acceptance of thE~
Informal Account (the "Account"), attached hereto as Exhibit "A"
and incorporated herein by this reference, and the Schedule of
Proposed Distribution (the "Schedule"), attached hereto as Exhibit
"B" and incorporated herein by this reference. The Beneficiary
desires that the distributions, as set forth on Exhibit "B," be in
full satisfaction of her rights in the Estate.
6. The Beneficiary wishes to release the Executrix and to
indemnify her against any and all claims that may be asserted
against the Estate or the Executrix after the date hereof.
7. The Executrix is willing to settle the Estate informally
in consideration of the indemnifications hereinafter provided by
the Beneficiary.
NOW THEREFORE, in consideration of the foregoing and intending
to be legally bound, jointly and severally, the Beneficiary, fcr
herself, her successors and assigns:
1. Represent and warrant that she has read and understano.s
this Agreement and confirm that the facts set forth above are trL.e
and correct, to the best of her knowledge, information and belief.
2. Declare that she has sufficient information to make a.n
informed waiver of her right to a formal accounting with the Court:,
and does hereby waive the filing and auditing of the same.
3. Acknowledge that the distributive share or amount sei~
forth on the Schedule shall be in full satisfaction of he=~
respective entitlement under the Will.
4. Release, remise, quitclaim and forever discharge the
Executrix, her heirs, personal representatives, successors an~~
assigns, from and against all claims that she, as legatee of th~?
Estate and in connection with the Estate, had, now have or may in
the future have in connection with the Estate.
5. Agree to refund, on demand, all or any part of any
aforesaid distribution, which has been determined by the Executrix,
or by the Court, or by any court of competent jurisdiction, to have
been improperly made.
6. Agree to indemnify and hold harmless the Executrix, her
heirs, personal representatives, successors and assigns, from and
against any and all claims, loss, liability or damage (whether or
not related to the negligence of the Executrix) that may hereafter
be asserted against the Estate or against the Executrix.
7. Agree to execute such other or additional documents a.s
may be necessary to effectuate the agreements set forth herein.
8. Acknowledge that this Agreement shall be governed by ar~d
construed in accordance with the laws of the Commonwealth c>f
Pennsylvania.
9. Consent to the Court exercising personal jurisdiction
over her in any suit or action arising out of the enforcement of
this Agreement.
IN WITNESS WHEREOF, the Beneficiary has read and agreed to the
terms and conditions set forth in this Estate Settlement Agreemen~
and intending to be legally bound hereby placed her hand and seal.
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WITNESS
D TH E. S EWSKI, EXECUTRIX
STATE OF GOLDIE E. HARTMAN
WITNESS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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UDITH E. ST WSKI, BENEFICIARY
SS
On this, the ~~ _ day of 2008, before me, the
undersigned officer, personally a ared JUDITH E. STAZEWSKI, 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 in the capacities and for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
Notary Public 1
INFORMAL ACCOUNT
ESTATE OF GOLDIE E. HARTMAN
ITEM VALUE AT DEATH _
ASSETS:
Residence - 13 High Street, Enola, PA $ 57,500.00
Personal property, cash & financial accounts $ 1,490.15
Total $ 58,990.15
DEBITS:
Funeral & Administration Expenses $ 7,933.33
Debts, liabilities & expenses $ 14,060.00
PA Inheritance Tax & interest $ 1,664.86
Total $ 23,658.19
Net Value of Estate at time of Death $ 35,331.96
The value of the financial accounts has fluctuated during the
administration of the estate and a final value will be determined
at the time of actual distribution.
A
PROPOSED DISTRIBUTION OF ASSETS
OF
ESTATE OF GOLDIE E. HARTMAN
BENEFICIARY SHARE
JUDITH E. STAZEWSKI
Total
1000
1000
B