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Home My WebLink About10-22-09r r t - r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF WIENER F. GARTMAN, N0.2008-00770 DECEASED . SSN.387-14-6073 ESTATE SETTLEMENT AGREEMENT This agreement made this 22ndday ofoc~ober, 2009. WITNESSETH: n r.a a -~a c-~ ~ ~- : ;-~-~ " ---~ ~~ o c-> r~;~ 7 ~ ~~ ~ :.~ . ~_,, rv ._.~ f. ~..~ r_~ ~>> ; ._,, ~ ? (.__J -i-l ~ `t`7 The circumstances leading up to the execution of this Agreement are as follows: 1. Wilmer F. Gartman (the "Decedent") died testate on June 27, 2008, and Keith D. Gartman duly qualified on July 23, 2008, with the Register of Wills of Cumberland County, Pennsylvania, as Executor (the "Executor') of his Estate (the "Estate") 2. The Last Will and Testament of the Decedent provides, in part, as follows: "II. I direct my Executor, hereinafter named to sell at public or private sale, or redeem or convert into cash, all the rest, residue and remainder of my estate, whether real, personal or mixed, and whatsoever situate, and I give and bequeath the net proceeds derived therefrom in equal shares, per stirpes, to my granddaughter, Larissa S. Graf, my son, Lynn W. Gartman, and my son, Keith D. Gartman. 3. The above Beneficiaries desire the Executor 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' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"). SN r ~ 4. The Beneficiaries desire to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of the Informal Account (the "Account"), which is attached hereto and incorporated herein by this reference. 5. The Beneficiaries understand and acknowledge that the account attached hereto is not final to the extent that other debts may arise which the Executor shall have to pay. 6. The Beneficiaries wish to release the Executor anal to indemnify him against any and all claims that may be asserted against the Estate or the Executor after the date hereof. 7. The Executor is willing to settle the Estate informally in consideration of the indemnifications herein provided by the Beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, jointly and severally, the Beneficiaries, for themselves, their heirs, personal representatives, successors and assigns, state: a. The recitals set forth above are incorporated herein. b. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct to the best of their knowledge, information and belief. c. Declare that they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and do hereby waive the filing and auditing of the same. .. r d. Acknowledge that the distributive share or amount received shall be in full satisfaction of their entitlements under the Will. e. Release, remise, quitclaim and forever discharge the Executor, his heirs, personal representatives, successors and assigns, from and against all claims that they as residuary legatees and heirs had, now have or any in the future have in connection with the Estate. f. Agree to refund on demand, all or any part of the aforementioned distribution, which has been determined by the Executor, or by the Court, or by any court of competent jurisdiction to have been improperly made. g. Agree to indemnify and hold harmless the Executor, his 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 Executor) that may hereafter be asserted against the Estate or against the Executor. IN WITNESS WHEREOF, the Beneficiaries have placed their hands and seals on the attached Consents to this Estate Settlement Agreement: r CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Larissa S. Graf, hereby consent to and join in the foregoing Estate Settlement Agreement relating to the Estate of Wilmer F. Gartman, Deceased, a copy of which Estate Settlement Agreement has been provided to me. %~ La issa S. Graf Sworn to and subscribed before me this ~3 day ~(~`~~~1 Y of ~, 2009 ~ ~, C~ , ry OCR- ~ ~~~`~.~-' ~~y ft' ~~ y ,_ ya d :~. ~ ,; s ~~~~~~~~~ x ~~ ,.~~ o tart' Public ~I---~a.,.~F ~~~~Sv~'~r~ My Commission Expires: ~~ ((~ -~Q~~ r ~ { ~ , CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Lynn W. Gartman, hereby consent to and join in the foregoing Estate Settlement Agreement relating to the Estate of Wilmer F. Gartman, Deceased, a copy of which Estate Settlement Agreement has be provided to me. ynn W. Gartman Sworn to and subscribed ~~~„~~„~~~~~ before me this 22'"~ day ~~~~~ 6~~ _ R` of t, 2009 ,~~~ r.~y,tan~ F,;.•.~~ 2j~~TARy g~• U:u N• • w...,,~ 1"~ rF ••......•••''~~~ Notary Public ~_~.+'~ fi W Ag~ ~i~~ My Commission Expires: 3• Z3 • ~ ~. ~,, r '~ CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Keith D. Gartman, hereby consent to and join in the foregoing Estate Settlement Agreement relating to the Estate of Wilmer F. Gartman, Deceased, a copy of which Estate Settlement Agreement has be provided to me. --~ ~~~ Keith D. Gartman Sworn to and subscribed before me this /~K- day of ~'E~T~m6~~°, X009 ar~.~ Notary Public My Commission Expires: ~~~ • !~i ~D/_3 COMMONWEALTH OF PENNSYLVANIA Notarial Seel Gaynelie E Bowman, Notary Publ~ City of Harrisburg, Dauphin County My Commission Expires Jan. 11, 2013 Member, Pennsylvania AssoGation of Notaries r ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.2008-00770 ESTATE OF WILMER F. GARTMAN LATE OF CAMP HILL BOROUGH CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: JUNE 27, 2008 INFORMAL ACCOUNT OF KEITH D. GARTMAN, EXECUTOR Principal: PNC W. F. Gartman Savings Account - $122,535.66 PNC W. F. Gartman Checking Account - $1,202.33 Members First W. F. Gartman Savings Account - $39,373.09 Members First W. F. Gartman Checking Account - $5.00 Wisc. Phys. Service Health Refund Check - $320.47 U.S. Treasury Life Insurance - $33,647.82 Northwestern Mutual Life Insurance Proceeds - $51,31:0.56 United Hardware Proceeds - $26,603.54 Northwestern Mutual Life Insurance Payment - $28.00 Total $275,027.07 Expenses: Will Filing Fee - $314.00 Funeral Expenses - $3,430.76 ___. _..___. _._ _. T. ~ i~ • ^ ~ ., j ~ ~ 1 Additional Funeral Expense - $8,411.34 Attorney Fees Payments - $3,000.00 Cumberland County Law Journal Notice - $75.00 Patriot News Notice - $190.73 Inheritance Tax Payment - $7,947.82 Attorney Filing Fee Reimbursement - $14,00 Payment to Accountant for Preparation of Decedent's Federal Income Tax for 2008 - $40.00 Filing Fee to Register of Wills - $20.00 Total $23,443.65 Distributions to Beneficiaries: Distributions to Larissa S. Graf - Distributions to Lynn W. Gartman - Distributions to Keith D. Gartman - Balance in Estate Account - August 4, 2009 $83,834.47 $83,834.47 $83,834.47 Total $251,503.41 $80.01 Keith D. Gartman, Executor