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Home My WebLink About05-27-09~Y G ~7 e-} _ _, l.J _, "~' r-1-t 1'+3 FAMILY SETTLEMENT AGREEMENT ~~ --1 f -, ~-, ~_, This Agreement entered into this ~ `~ day of ~~-M ~ ~ , 2008, by ahd ~~tv~een CHRISTINE M. ESHELMAN in her capacity as Executrix under the will dated February, 2007,:5f John B. Oleksa, Deceased, and CHRISTINE M. ESHELMAN, PATRICE A. TALEFF;~and JOHN. OLEKSA, JR., residual legatees of the Estate of John B. Oleksa. For purposes of this Agreement, when CHRISTINE M. ESHELMAN is refereed to in her fiduciary capacity, she will be referred to as "Executrix". BACKGROUND 1. JOHN B. OLEKSA ("Deccdsnt'~ died on March 14, 2007, a resident of Cumberland County, Pennsylvania, leaving a will dated February 23, 2007. 2. Decedent's will was admitted to probate by the Register of Wills of Cumberland County, Pennsylvania, on April 18, 2407, and letters testamentary were. issued to CHRISTINE M. ESHELMAN, as Executrix. 3. In his will, Decedent named his three children, CHRISTINE M. ESHELMAN, PATRICB A. TALEFF, and JOHN B. OLEKSA, JR. as his residual legatees. 4. The Executrix advertised the grant of letters Testamentary, prepared and filed an Inventory of Decedent's property, prepared and filed a Pennsylvania Inheritance Tax Return, and prepared and filed Decedent's final federal, state and local income tax returns, and paid the appropriate taxes thereon. The Executrix has agreed to file the final income tax returns for the Estate of John B. Oleksa in a timely fashion, and has agreed to personally bear the expense for said tax return preparation. The Executrix doss not anticipate that any income tax will be due, and thus is not holding any Estate monies in reserve for the payment of same, so that the final Estate monies can be distributed and the Estate can be closed. 5. The Executrix has paid ail of the general legatees of the Estate, and has paid all the taxes, debts and expenses of the estate known to her, and the Executrix has cstributed all of the personal property of the Estate as directed in the Decedent's Will, and the Executrix has no knowledge of any unpaid claims, absolute or contingent, which maybe asserted against the estate nor does she have any reason to believe there are any such claims. (, The Executrix has completed the administration of the Estate, has prepared an informal account thereof, has distributed a large portion of the residuary of the Estate to the three residuary legatees, and is preparing to distribute the balance of the residuary of the Estate to CHRISTINE M. ESHELMAN, PATRICE A. TALEFF, and JOHN B. OLEKSA, JR. once all three residual legatees approve of the calculations made by the Executrix, 7. An informal account of the estate, prepared by the Bxecutrix, which reflects all estate receipts, disbursements and distributions is attached hereto as Exhibit A. 8. Both the Executrix and the three residual legatees desire that this Family Agreement make unnecessary the filing a formal accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 9. CHRISTINE M. ESHELNIAN, PATRICE A. TALEFF and JOHN B. OLEKSA, JR, have been given the opportunity to review the books and records of the Executrix, and based upon such opporttuuty and/or examination, they have determined that they have sufficient information to make an informed decision to waive their rights to a formal accounting. AGREEMENT In consideration of the willingness of the Executrix to distribute and terminate the estate in accordance with the terms of the will without the protection afforded to her by a formal adjudication of an Executrix's Account, CHRISTINE M. ESHELMAN, PATRICE A. TALEFF, and JOHN B. OLEKSA, JR., the undersigned beneficiaries, individually and with respect to their heirs, personal representatives, successors and assigns, do hereby: 1. Acknowledg a best four knowledgeAinformatt'onand belieft tWe t£hurther acknowledge that we true and correct to th are familiar with the provisions of the will of decedent; 2. Waive the filing of a formal account of the administration of this estate, with respect to the income and principal thereof, in any court which has jurisdiction, in particular, the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania; 3. Declare that we have examined the statement of the account, prepared by the Executrix, which is attached hereto as Exhibit A and incorporated hexein, and find the statement to be true and correct in all particulars; accept and approve it with the same force and effect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such court which has jurisdiction over this estate, and, as if the balance of principal and income had been awarded by said court in accordance with this Agreement and the statement of the account; 4. Warrant that we know of no outstanding and unsarisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached statement of the account as set forth above; 5, Absolutely and irrevocably release and discharge the Executrix, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the Executrix, in connection with the administration and distribution of assets shown in the statement, without a formal court accounting and adjudication; b, Agree to refund to the Executrix such part or all of the share which has been or is being distributed to us which may at any time be determined to have been an erroneous distribution to us regardless of the cause of such error, even if attributable to negligence; ~. Agree that any period of limitation of actions for the collection for any erroneous distribution to any of us shall commence only at such time as the Executrix has obtained actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Executrix. g. With respect to any distributions of income or principal, which we have received, or will receive upon execution of this Agreement, agree #o indemnify and hold harmless the Executrix, her personal representatives, heirs, successors and assigns, from any liability, loss or expense (including but not limited to costs and counsel fees), arising from any cause whatsoever, which maybe incurred by the Executrix as a result of the administration of this Estate or distribution in accoxdance with this Agreement including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes and federal, state and local income taxes, together with any interest and costs incidental thereto, relating in any way to the Estate and also including, but nat limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; g. Understand that this Agreement mayanla signed in counterpart originals, all of which together shall be deemed to consritute one ongm , 10. Agree that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. ~ WITNESS WHl?REOF, we agree to be bound hereby and have signed this Agreement this :a ~- day of ~~ ~~ > 2008. WITNESS: Witness CHRISTINE M. ESgELMAN, Executnx Witness mess ~~~ ~-~ ~" CIiRISTINE M. ES ,Beneficiary PA RICE A. TALEFF, Beneficiary _ _..___ ! fitness ~O B. OLEKSA, JR., Beneficiary Sharon E. Bond • C a~n ~l Firm Administrator Marc A. Scaringi Melanie Walz Scaringi Mary L. Snyder t~ I,aw Clerk Virginia H. Henning* C~ Frank C. Sluzis Robert D. Turgyan • Ca~n~l Paralegal Debra R. Mehaffie Laurence C. Kress ** Attorneys and Counselors at Law Amanda L. Emerson *Also admitted in MD A Professional Corporation Paralegal **Also admitted in AZ - May 26, 2009 ~..~ co ~ ' ~ ~ Register of Wills ,: ~' `- -` ~ : _ zJ Cumberland County Courthouse cz ~ ~ _~ ~= '~t; One Courthouse Square `~' -~ Carlisle, PA 17013 _:~~ ~ :.~, ~ _ _ -, w Re: Estate of Jahn B. Oleksa Fire No. 2007-Q0325 PA File No. 21-07--0325 To Whom It May Concern: Enclosed herewith please find an original and two copi l ase tme sttamp thert P e Under Rule 6.12 .with respect to the above referenced estate.. inal with your o ori th l p a d s f g e e n the amount of original and copies, fi checl~ s ed i en o o Per Angie in your office, als enclosed. envelope. $20.00 for the associated filing fee. If you have any questions, please do not hesitate to contact me. Thank you for your time and attention. ncerely, Amanda Emerson, Paralegal cc: Christine Eshelman d two copies) Enclosures: 1 X20 00 .Check No. 4690 SASE 2000 Linglestown Road, Suite 106 • Harrisburg,. PA 171 L0 Phone (717) 657-7770 • Fax (717) 657-7797 wwwscaringilaw.com