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Home My WebLink About10-08-09~,. ~l-D~'-Ooi~{ FAMILY SETTLEMENT AGREEMENT FOR THE ESTATE OF RUTH E. de GOMAR This Agreement is made on the dates listed below by and among Robert C. de Gomar, Personal Representative of the Estate of Ruth E. de Gomar, deceased and Robert C. de Gomar in his individual capacity and Theodore J. de Gomar, Jr. (herein ~-- ~ ..~ collectively referred to as the "beneficiaries"). ~~ _.~ ~ ~ BACKGROUND ~~ .~~ ~ -., _, 1. Ruth E. de Gomar ("Decedent") died on October ~~;;~;2008,j, _._., .. ~-.:~ a resident of Cumberland County, Pennsylvania, leaving a Last Will and Testament (Will) dated April 14, 2007. ~. Decedent's will was admitted to probate by the Register of Wills of Cumberland County on Jar_uary ?, ?009, and T otters Testamentary were issued to Robert C. de Gomar as Executor, 3. In her Will, Decedent named her two surviving children Robert C. de Gomar and Theodore J. de Gomar, Jr., as the sole residuary legatees. 3. 1. Urcier the provis:i.ol.~ of Claus` ~ of Der~a;e^t' ~ ~~?' 1 K., her residuary estate was givers to the beneficiaries in the fractional shares set forth opposite their names: Robert C. de Gomar 75~ Theodore J. de Gomar, Jr. 25~ 4. The executor advertised the grant of Letters Testamentary, prepared and filed a Pennsylvania Inheritance Tax Return, and paid the appropriate tax thereon. ;---, w . ~ ~-:. { ~ ~ _~ ;~ :~:~ ~~ ~-~ _: _, :~_ T .z . ~- :~ r..A i~ 4.1. The executor did not file a final tax return for the Decedent upon advice of the accountant for the estate, which advice is memorialized in a letter annexed hereto. 5. The executor has paid all the taxes, debts and expenses of the estate known to him, and he has no knowledge of any unpaid claims, absolute or contingent, which may be asserted against the estate nor does he have any reason to believe there are any such claims. 6. The executor has completed the administration of the estate, has prepared his account thereof (the Account) and intends to distribute the net assets of the estate to the beneficiaries, the residuary legatees named in the Will. ?. The Account reflecting all estate receipts, disbursements, and intended distributions is annexed hereto. 8. Both Robert C. de Gomar and Theodore J. de Gomar, Jr. intend and desire that this Family Settlement Agreement, (the Agreement) make unnecessary the filing of an accounting in the Orphans' Court Division of-the Court of Common Fe~~ of Cumberland County. 9. Robert C. de Gomar and Theodore J. de Gomar, Jr., have been given the opportunity to review the books and records of the executor, and based upon such opportunity or examination, have determined that they have sufficient information to make an informed decision to waive their right to an accounting. 2 TERMS In consideration of the joinder of each other party hereto and the willingness of the executor to distribute and terminate the estate in accordance with the terms of the Will without the protection afforded him by a formal adjudication of an Executors' account, and in accordance with their desire that the administration of the estate be terminated without the expense and delay of a Court accounting, the parties hereto, in consideration of the mutual covenants herein expressed, and intending to be legally bound, do hereby: 1. Acknowledge that we have read the Agreement and represent that the facts set forth herein are true and correct to the best of our knowledge, information and belief . ~Te further acknowledge that we are familiar with the provisions of the Will of Decedent; 2. Waive the filing of a formal account of the administration of this estate in any court which has jurisdiction, in particular, he Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania; 3. Declare that we have examined the Account which is attached hereto and incorporated herein, and find it to be true and correct in all particulars; ur~derstand that the distribution is still subject to the payment of certain administration expenses, including but not limited to counsel fees and costs to 3 Kokonos & Associates in the amount of $3,811.24; accept and approve the Account 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 the Agreement and the Account; 4. Acknowledge that, John C. Porter, the attorney for the estate has assessed the rates charged to the estate to ensure the reasonableness thereof and Agree that said rates are reasonable; 5. Warrant that we know of no outstanding and unsatisfied Maims against the esta~tz and approve the distribution of the balance of principal and income shown on the Account; 6. Absolutely and irrevocably release and discharge the executor, his personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifical~~y but not limited to liabilit~r arising in connection with any mistake of fact or law, or negligent or careless act or omission by the executor, in connection with the administration and distribution of assets shown in the Account, without a formal court accounting and adjudication; 4 7. Agree to refund to the executor such part or all of the distributive 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; 8. 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 executor 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 executor; 9. With respect to any distribution of income or principal, which we have, received, or will receive upon execution of this Agreement, Agree to indemnify and hold harmless the executor, his 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 may be incurred b~~ the ~.xecutor as a result of the administration of this estate or distribution in accordance 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 and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any 5 l ~ /~ ;`j, assets received or payments or distributions made by reason of any negligence or mistake of fact or law; lO.Understand that this Agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one original; and 11.Agree that this Agreement shall be governed by the laws of the Commonwealth of Pen.~sylvani.a. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this Agreement on the dates listed below. Date: Theodore J. de Gomar, Jr. Date: Date : ~ 2 ~ ~ Witness ~~ Robert C. de-Gomar Date : f o?3 ~ 9 a~- /a. e m D t ~ ~ ~ Witness e : , a c~xec~.~tor Rob~~~t C, . de Gorrar Sworn and Subscribed before me this ~,3 day of ~ '~~`t"~~-~.~" 2009. Notary a NOTARIAL SEAL LYNIDA M. HUDSON, Notary Pubib Susquehanna Tisp., Dauphin County My Commission Expires Feb. 20, 2013 ~~ did ~~ My commission expires : ~~,,,, 6 2009-0.0'9 15:49 DEGOM/1R 5404238» 610 i'890812 ~aaa~o• ~ Q' ~~ a a a-r-,-,~-~ I ~aa ~ ~ I ~Ieaa~-~ ~ ~ I ti~ s~~~$~~ ~ ~S < ~ IsS ~ ~i g a ' ~ ' l ~ ~ ~ f I I ~ I ~ ! ~ ~ a; j ~ i ' I I I ~ I 1 I ! ~ 1 ~ I ~ ' ( ' ~ i ...... _ . ~ a ( t I I ~ ~ ~ y~ ~ ~ t moot~--' ~'"~ a ip t~~pr000~IQ~ ~ip~~~pNO0IOQ0 •~C~~-;~1po~0-pG ; i~~ .~c9~~i ~~~~~~I~Qwwdm..._ ~~~~w1w~88~.g8 ~a~~'' ~ ., i I ~ ~ ~ ~ ~~ ' i ~ ~a ~ ~~I~~~ ~~ ~~ a , pl ~~p, ~' ~i i I ` i m ~~ ~I~ ~ I i~ mi I ~~ ~ ~ ~ _ I ~ ~ ~ ~~ I~ I ~ ~ ~- ~ I I ,~F 1 1 ~ 1 1~ ~ gi ~~ T i ... ~ 1.. _.~ .~.. r i ..~.. . w ...,.. _ ..t... ..~. ' ~' .. ~ ~o ~ ~ I i o w _...,+ w I ~1I ~ ~ V ~ ' ~y NIA N ~ ..~~ ...~ ~!I 4/ w •' '~~~U. ~~I~ V' ~ ~ .d .J J J J ..~ J r r: 8'8 8 I~ ~~8 8 - X8.8 8~~ 8~8 8 $'~ ~~8 ~~8~8 SI8 8 $'S •~ ~jv ~~ ... ... ~ ~ •~ ~'` ~ ~ ii ~' Q ' l~ ~ ' ~ ~ I ' ' i ~ I ~ ~~ I~ 14' I ~~ ~I~~ ~~~ Q. . w ~ ~' i i I ~ I ~~I ~~ vl ~ ~ I I I ~ ~ N ~, I I ~ I I ~v, ~ I I I i I I ~ I i I !~~ t~ I ~ ~ I ~ ) ~ .r._...... ~ i ~ ~ I j~ ~ ~ ~ ~ i ' ! I ' ' ~ ' i+ I ~It+- i ! ~ i l i a vl ~ ~ is ~ u ~ f ~ ~ ~e~~ ~~,~ ~~ ~a ~~ I a P 2l2 A . 07•f~30/ 2009 16:06 71 ?7300021 JSKCPA ~1 . ~C~HN ~. ~C~ST~C.~~+~V'ZGH * t ~ t • 4 i ~ i • • ~ • * + i ~ i • n i ~ i r r ~er~i~ec~ Public ~lccount~ont ,Tuly 30, 2009 Pax: d l 0-789-0812 To Whom It May Concern: PAGE 01 Preparation of a final tax return for Ruth de~'romar is not required because her annual income was below the federal guidelines. .1•~ you )save auy questions or need a.d,ditional information, please Gall my office. Sincerely, ~~ ~-- Jol~jy S. ~aatukovich, CPA JSl{/laj 3900 T~;indle Rvad -Camp Hill, PA 17011 Phone: (7l?) 730-0820 ~- Tax: (717) 730-0$2.l Email: jskcpa~a choiceonemail.cc~m