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HomeMy WebLinkAbout02-27-09CARDONI & ASSOCIATES, LLC ANGELA F. STEVENS, ESQUIRE Attorney Identification No.: 87711 340 Market Street Kingston, PA 18704 Phone: (570) 283-5800 Facsimile: (570) 283-5900 ESTATE OF BLAKE A. MYERS Deceased ~a r~ _, c~ d.~ _+ L_~ ""I , ~ ~ ~rV :;; ~<_ ,~~ -t ~:~ -• .. ~ 1~ ~1 • (Ji IN THE COURT OF COMMON PLEAS OF CUMBERLAND ORPHANS' COURT DIVISION No. 21-07-03 81 SETTLEMENT AGREEMENT ACKNOWLEDGING RELEASING AND WAIVING THE FILING OF A FORMAL ACCOUNTING IN THE ESTATE OF BLAKE A. MYERS, DECEASED KNOW ALL MEN BY THESE PRESENTS, that: WHEREAS, Blake A. Myers, deceased, hereinafter referred to as the decedent died on January 15, 2007, a resident of 9 Ryan Drive, South Middleton Township, Cumberland County, Pennsylvania. WHEREAS, the decedent died intestate and a Petition for Letters Administration were filed with the Register of Wills of Cumberland County on April 18, 2007 and Letters of Administration were granted on that same day to Christina M. Myers as Administratrx of the Estate. WHEREAS, Christina M. Myers has gathered the assets of the Estate of the decedent. 1 '~~ WHEREAS, Christina M. Myers, sole beneficiary hereto acknowledges and agrees that it is not necessary to file a formal accounting with the Orphans' Court of Cumberland County and that the assets of the Estate have been distributed without the necessity of the same. WHEREAS, all assets of the decedent's Estate have been transferred to Christina M. Myers, the decedent's surviving spouse. WHEREAS, all claims of the decedent's Estate have been resolved and to the knowledge of the Administratrix no other claims are pending. NOW, THEREFORE, Christina M. Myers the sole beneficiary of the decedent's Estate intending to be legally bound, agrees as follows: 1. The decedent died intestate. 2. The assets of the Estate as identified in Exhibit "A" hereto have been distributed to Christina M. Myers, as the decedent's surviving spouse. 3. Christina M. Myers, sole beneficiary hereto waives her right to have a First and Final Account of Christina M. Myers, Personal Representative of the Estate of Blake A. Myers, filed with the Register of Wills of Cumberland County, Pennsylvania. She accepts and approves the accounts listed on Exhibit "A", with the same force and effect as if it had been filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, audited in the Orphans' Court of Cumberland County ("the Court"), adjudicated and confirmed absolutely, and the amounts distributed as shown therein paid to the persons entitled after having been duly awarded to those persons by Order of the Orphans Court. 4. The beneficiary hereto hereby absolutely releases and discharges Christina M. Myers, Personal Representative of the Estate of Blake A. Myers, of and from any and all claims and rights she now has or may in the future have against the Estate and Personal Representatives, whether due to negligence or otherwise, which he may have by reason of administration of the Estate. 5. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, next-of--kin, devisees, legatees, beneficiaries, appointees, executors, administrators, personal representatives, and assigns. 6. Christina M. Myers, sole beneficiary hereto agrees to refund to the Estate any amount which may be necessary in the future to discharge any Federal or State Income Tax Liability of the Estate. 7. Christina M. Myers, sole beneficiary hereto consents to the Court of Common Pleas of Cumberland County exercising personal jurisdiction over her in any suit or action arising out of enforcement of this Agreement. 8. This Agreement may not be modified except by a written instrument signed by all of the parties and acknowledged by each of the parties before a notary public or other office qualified to administer oath. 9. This Agreement shall be interpreted according to and governed by the laws of the Commonwealth of Pennsylvania. 10. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement. In all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 11. Each party consents to the recording and indexing of this Agreement in the estate proceedings. IN WITNESS WHEREOF, I, CHRISTINA A. MYERS, as Administratrix of the Estate of Blake A. Myers, deceased, intending to be legally bound hereby, have hereunto set my hand and seal to this Settlement Agreement Acknowledgment and Receipt the same day as indicated in the Notary below, and I hereby direct that this signature page be attached to the body of said Agreement. CHRISTINA A. MYERS, individually as beneficiary and as Administratrix of the Estate of Blake A. Myers, deceased COMMONWEALTH OF PENNSYLVANIA COUNTY OF LUZERNE SS On this, the ' day of L~~ 2009, before me, a Notary Public, the undersigned officer, personally appeared CHRISTINA A. MYERS, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my band and seal. NOT.~RY PUBLIC NpTAFIAL SEAL 181635_LDOC NOELLE ShELP, Notary Public Wilkes-Barre Twp., Luzerne County My Commission Expires March 14, 2©12 ~ EXHIBIT "A" 1. 2002 Subaru Legacy Wagon four (4) door in good condition. 2. John Hancock Funds, LLC Account No. 777113427; Fund Name: Regional Bank Fund A; 726.361 total shares at $37.67 per share for a total account value of $27,362.02. John Hancock Funds, LLC Account No. 4891605 Sovereign Investors Fund A having 481.494 shares at $19.16 per share for a total account value of $9,225.49. $ 9,220.00 $27,362.02 $ 9,225.43 4. John Hancock Funds, LLC Small Cap Equity Fund A, Account No. 4891603 having 3211.34 total shares at $22.50 per share for a total account value of $4,765.90. $ 4,765.90 5. Navy Federal Credit Union, Share Savings Account. $ 6,759.87 6. Navy Federal Credit Union. Checking Account. $ 7,869.43