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HomeMy WebLinkAbout07-16-10W ~~ ~ r~ .~ 1f~- ~~`-Ert~ ~1 C.~ /"~ 1'""' FAMILY SETTLEMENT AGREEMENT, ,-- RECEIPT AND RELEASE `- ~~ ~ ~ r'- ` ~-' `~ .~ 4~_ r-- ~' .. ;-~ ~ S_.. ,~ WHEREAS, JULIA A. WENTZ, late of Hampden Town6ip, c~..y ~= r~ ~~ ~ Cumberland County, Pennsylvania, died on January 3, 2009 ~? having first made her Last Will and Testament in writing dated March 23, 2006, which since her decease was duly probated before the Register of Wills of said Cumberland County and Letters Testamentary issued to BETTY M. ESHELMAN, the Executrix named in the Last Will and Testament of said decedent; and WHEREAS, BARRY L. ESHELMAN, BRENDA M. STAAB and KELLY ANN STAAB are lineal descendants and legatees of the said decedent and the only persons interested in her Estate; and WHEREAS, KELLY ANN STAAB is a minor child and she is represented herein by BRENDA M. STAAB, the Guardian of her Estate pursuant to Item 5 of the decedent's said Will. NOW KNOW ALL MEN BY THESE PRESENTS that we, BARRY L. L.AW OFFICES II MARLIN R. McCALEB ESHELMAN, BRENDA M. STAAB and BRENDA M. STAAB, Guardian of the Estate of KELLY ANN STAAB, being the beneficiaries ;haring in the distribution of the Estate of said decedent, do hereby declare and say that we have examined the Account and Statement of Proposed Distribution of BETTY M. ESHELMAN, Executrix as aforesaid, for the period ending May 26, 2010, and .find the same to be accurate and according to law, and we, BARRY L. ESHELMAN, BRENDA M. STAAB and BRENDA M. STAAB, Guardian of the Estate of KELLY ANN STAAB, distributees as aforesaid, do hereby acknowledge that we, this day have, had and received of and from BETTY M. ESHELMAN, the Executrix of the Estate of JULIA A. WENTZ, the cash or property set opposite our names in the above stated Statement of Proposed Distribution, in full satisfaction, payment and discharge of all claims we, or any of us, have or may have against each other or against the Estate of JULIA A. WENTZ, Deceased, and all interest accrued thereon. NOW, THEREFORE, we the same BARRY L. ESHELMAN, BRENDA M. STAAB and BRENDA M. STAAB, Guardian of the Estate of KELLY ANN STAAB, distributees as aforesaid, do by these presents, remise, release, quit-claim and forever discharge each other and the said BETTY M. ESHELMAN, Executrix, her heirs, executors and administrators, of and from our distributive shares of the Estate as set forth in the Statement of Proposed Di;~tribution aforesaid, and of and from all actions, suits, paymE~nts, accounts, reckonings, claims and demands whatsoever,, for or by reason thereof, or under the said decedent's Will, or by contract, or under the intestate law of the Commonwealth of Pennsylvania, or by reason of any other act, matter,, cause or thing whatsoever, from the beginning of the world to the day and date of these presents, except for any obligations arising under this Family Settlement Agreement, Receipt and Release. AND desiring to avoid the delay and expense of the settlement of said Estate by filing the foregoing Account of said administration in the Office of the Register of: Wills of LAW OFFICES II MARLiN R. McCALEB _ 2 _ said County and by having the balance in the hands of the Executrix, as shown by said Account, distributed by the Court of Common Pleas of Cumberland County - Orphans' Court Division, we do hereby agree that the within Family Settlement Agreement, Receipt and Release concerning the matter of settlement may be recorded with the same effect upon us as if the same had been reported upon by said Court, and a decree of distribution made on such report by the said Court of Common Pleas - Orphans' Court Division. AND in consideration of the aforesaid settlement being made without the aid of such Court of Common Pleas ~- Orphans' Court Division, that we, BARRY L. ESHELMAN, BRENDA M. STAAB and BRENDA M. STAAB, Guardian of the Estate of KELLY ANN STAAB, distributees as aforesaid, do hereby agree that if <~ny debts or demands other than those included in the aforesaid Account of the said BETTY M. ESHELMAN, the Executrix of the Estate of JULIA A. WENTZ, Deceased, shall be hereafter recovered against the Estate of said decedent and be legally payable out of the same, that we will return to the said Executrix such amount thereof as may be necessary to pay such debts or demands. The signature page or pages may be executed by the parties hereto in several counterparts (one by each signatory hereto), each of which is an original and all of which taken together shall be deemed and considered as part of the original document herein. ~~w ~~FF~~ Es II MARLIN R. McCALEB _ 3 _ IN WITN/IE~}SS WHEREOF, we have~~jjhereunto set our hands and seals this !~ ~"h da of `L/(,~( 2010. Y ~ ~(., , Barry L. Eshelman (SEAL ) ~' ~~~ _ E (S AL ) Brenda M. Staab (SEAL ) Brenda M. Staab, Guardian of the Estate of Kelly Ann Staab LAW OFFICES II MARLIN R. McCALEB -4- IN WITNESS WHEREOF, we have hereunto set our hanc~~'~'~~ ~:: ~®j-''~~,, seals this ~~ day of ~`.... 20;' fi~~ ~~,;- ~® ~` w .:s ~. w Barry L . Eshelman '%s `-., •' t (SEAL ) Brenda M. Staab (SEAL Brenda M. Staab, Guardian of the EstatE~ of Kelly Ann Staab LAW OFFICES II MARLIN R. McCALEB _ 4 _ STATE OF WASHINGTON) SS COUNTY OF ~t`~ ~ ) On this, the day of °~~~~~'`-~~ ~ 2010, before me, a Notary Public in and for sai State and County, the undersigned officer, personally appeared BARRY L. ESHELMAN, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal . ~~~~~~~~~~~~~~~~~~,~.,,~. ,,. `~ v. coy..,, ~ ~ t1`~ ~'Q • ~ i • • ~"• = ~ pTARY . _ N • _ _,_ __ ' PU 81-1 :' 2 ;p: ., (SEAL) ~'~•.,~ ' WA ~~~.,. (~,/ Notary Public ~.. My commission expires : ..~~1 S~G% ~Aw oFFicFS II MARLIN R. McCALEB _ 5 _ STATE OF PENNSYLVANIA) _ SS COUNTY OF CUr,~,~~atr~ ~ ) On this, the ~o` ~~ da of ~ 2010 Y ~ , before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared BRENDA M. STAAB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA IR/ I~v'W1~ SE~. SItYE R. FISHER, NOTARY PUBLIC CARLISLE 80ROUaH, CUMBERLAND COUNTY MY COMMISSION EXPIRES NOVEMBER 26, 2012 /~, ~.. Notary Public My commission expires: ,~ ~~~~~©I. (SEAL ) LAW ()FF 1(:ES II MARLIN R. McCALEB _ 6 STATE OF PENNSYLVANIA) SS COUNTY OF CUMBERLAND) ._._--~- On this, the ~ day of (~~' 2010, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared BRENDA M. STAAB, Guardian of the Estate of KELLY ANN STAAB, a minor child, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument as such Guardian and acknowledged that she executed the same as such Guardian for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL C~--r_ ~ SKYE R. FISHER, NOTARY PUBLIC '- CARLISLE BOROUGH, CUMBERLAND COUNTY Notary Public J~~~~ ` MY COMMISSION EXPIRES NOVEMBER 26, 2012 My commission expires : /~.~ ( SEAL ) I MARL N R)FM<_CALEB II -7-