HomeMy WebLinkAbout06-07-10IN RE:
ESTATE OF JOSEPH SAMUEL LOTZ
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-08-1000
SATISFACTION AND RELEASE OF CLAIM FOR SPOUSE'S ELECTION TO TAKE
AGAINST WILL AND ALL OTHER CLAIMS AGAINST ESTATE
WHEREAS, Shirley Bennett Lotz, spouse of the deceased Joseph Samuel Lotz, on July 1,
2009 filed an Election to Take Against the Will; and
WHEREAS, Shirley Bennett Lotz and Dyan L. Yingst Executrix of the Estate of Joseph
Samuel Lotz have come to an agreement whereby Mrs. Lotz has agreed to settle all claims against the
Estate;
NOW, please mark all claims of Shirley Bennett Lotz against the Estate of Joseph Samuel
Lotz as settled, discontinued, and ended as set forth in the General Release Agreement attached
hereto as Exhibit A.
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JOHNSON, DUFFIE, STEWART & WEIDNER
By: ~.
Eli h . Snover
Pa. . No. 200997
30~~Iarket Street, P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Fax (717) 761-3015
eds(cr~,jdsw.com
Counsel for Shirley Bennett Lotz
In re: Estate of Joseph Samuel Lotz In the Court of Common Pleas of
Deceased :Cumberland County, Pennsylvania
Orphans' Court Division
No. 2008-01000
GENERAL RELEASE AGREEMENT
,A, AA This General Release Agreement ("Agreement") made this 3 ~ 5~ day of
Jv\ a ~ Cr~ , 2010, by and between SHIRLEY BENNETT LOTZ, an adult individual,
hereinafter called "Lotz" and DYAN L. YINGST, Executrix of the Estate of Joseph S. Lotz, Deceased,
hereinafter called "Yingst", for the purposes of Lotz releasing and extinguishing all rights and claims
against the Estate of Joseph S. Lotz, and Yingst, as herein enumerated.
NOW, THEREFORE, each party intends to be legally bound and in consideration of the sum of
Twenty-Eight Thousand Five Hundred Sixty-Six ($28,566.00) Dollars, to be paid by Yingst, in her
capacity as Executrix, to Lotz, upon the full execution of this Agreement by Lotz and Yingst, and Lotz
agrees as follows:
Lotz, on behalf of herself, her heirs, personal representatives, and assigns, hereby fully releases
Yingst, and her heirs, personal representatives, successors and assigns, from all rights or claims that Lotz
has, had or may have against the Estate of Joseph S. Lotz and Yingst, arising out of (i) the administration
of the Estate of Joseph S. Lotz, (ii) the Post-Nuptial Agreement between Lotz and Joseph Samuel Lotz,
dated August 2, 2006, (iii) the Election to Take Against Will filed by Shirley Bennett Lotz on July 2,
2009, and (iv) the Petition for Citation to Show Cause Why Executrix Should Not be Ordered to File an
Account of Administration Pursuant to 20 Pa.C.S. §3501.1.
Lotz further agrees to file praecipes or other appropriate pleadings to mark settled and
discontinued any and all petitions (except the Election to Take Against Will) filed in connection with the
Estate of Joseph Samuel Lotz.
This Agreement is intended by Lotz and Yingst to release any and all claims, demands, actions or
causes of action arising out of re relating to the administration of the Estate of Joseph S. Lotz, whether
known, unknown, foreseen, unforeseen, patent or latent, which Lotz may have against the Estate of Joseph
S. Lotz or Yingst, or both. Lotz understands and acknowledges the consequences of the specific intent to
release all claims.
This Agreement is freely and voluntarily executed by Lotz and Yingst after having been apprised
by their respective counsel of all relevant information and data relevant to such a release such as the cost
of litigation, risks, burdens of proof, and similar considerations. Lotz, in executing this Agreement, does
not rely on any inducements, promises, or representations made by Yingst, or Yingst's counsel.
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IN WITNESS WHEREOF, Lotz, individually, and Yingst, individually and in her capacity as
Executrix of the Estate of Joseph S. Lotz, have executed this General Release Agreement effective as of
the day and year first above written.
WITNESS:
WITNESS:
LOTZ:
5~... ice,, &~~.et1- L. ~----
Shirley Bennett Lotz
Date: ~ ~~l ~ lc7
YINGST:
Dyan L. Yingst
Date:
391724
Releasor, in executing this Release, does not rely on any inducements, promises, or
representations made by the Releasee, or her counsel.
The Releasor has read this release and had the terms used, and their consequences,
explained by Jerry R. Duffie, Esq. of the Law Offices of Johnson Duffle, 301 Mazket Street,
Lemoyne, Cumberland County, Commonwealth of Pennsylvania, a licensed attorney in that
Commonwealth.
The Releasee has read this release and had the terms used, and their consequences,
ex~lained by Bridget M. Whitley, Esq., of the Law Offices of Skazlatos & Zonarich LLP, 17 S.
2 Street, 6~' Floor, Harrisburg, Dauphin County, Commonwealth of Pennsylvania, a licensed
attorney in that Commonwealth.
WITNESS:
(SEAL)
Shirley Benett Lotz, the Releasor
. (.a' (SEAL)
Dy L. Yingst, a Re asee
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Satisfaction and Release of Claim has been duly
served upon the Executrix of the Estate of Joseph Samuel Lotz, by depositing the same in the United
States Mail, postage prepaid, by certified mail, restricted delivery, return receipt requested , in
Lemoyne, Pennsylvania, on June ~, 2010
Bridget M. Whitley, Esquire
Skarlatos Zonarich LLP
17 South 2nd Street, 6th Floor
Harrisburg, PA 17101-2053
Counsel for Dyan L. Yingst, Executrix
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
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Elizabe D. Snover