HomeMy WebLinkAbout08-09-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ORPHAN'S COURT DIVISION
Estate of FILE NO.: 2006-00817
JULIA A. LAIDACKER PA FILE NO.: 21-0617 ~
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ESTATE SETTLEMENT AGREEMENT rr=~~ ~
OF BENEFICIARIES =~rci° -v
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THIS AGREEMENT, made this ~' day of F-~br~/~ ~~2010 by ~d
between Jason L. Laidacker, Administrator of the Estate Julia A. Laidacker, deceased; and~son
L. Laidacker and Jack Hall, beneficiaries of the Estate of Julia A. Laidacker.
2005;
WHEREAS, Decedent, Julie A. Laidacker died intestate having no Will on August 5,
WHEREAS, Decedent, Julie A. Laidacker was survived by her husband, Jason L.
Laidacker and by her father and mother, Jack Hall and Bazbaza Ann Hall;
WHEREAS, Decedent's husband Jason L. Laidacker was granted Letters of
Administration on or about September 19, 2006 in the Orphan's Court Division for the Court of
Common Pleas for Cumberland County with file No.: 2006-00817;
WHEREAS, the aforesaid Grant of Letters identifies the decedent as Julia A. Laidacker
when, in fact, she was known as Julie A. Laidacker and Julie A. Laidacker and Julia A.
Laidacker are one and the same;
WHEREAS, Decedent, Julia A. Laidacker having died as a result of medical negligence
was entitled to a wrongful death claim of which her Estate became vested in the amount of
$97,275.2 L
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WHEREAS, Pennsylvania Intestate Succession 20 Pa. C.S.A. Section 2102 (2) requires
that the first $30,000.00 plus one-half of the balance be distributed to the surviving spouse, Jason
1. Laidacker.
WHEREAS, 20 Pa. C.S.A. Section 2102 requires that one-half of the balance after
surviving spouse's share be distributed to the parents of decedent, Jack Hall and Barbara Ann
Hall.
WHEREAS, Barbara Ann Hall has predeceased the distribution and the parent's shaze of
the intestate succession shall be distributed to Jack Hall.
WHEREAS, each of the parties to this Agreement has been furnished with a complete
listing of the Estate Assets, expenses, receipts and disbursements or such other information they
desire relative to the administration of the estate of decedent;
WHEREAS, it is the desire of the parties to this Agreement that the final distribution of
this estate be accomplished without a formal accounting to the Orphan's Court Division of the
Court of Common Pleas of Juniata County, it being the desire of the parties to avoid the expense,
delay and publicity of a formal accounting; and
WHEREAS, the parties to this Agreement each acknowledge to have received a Proposed
Schedule of Distribution attached hereto; and
Now, therefore, witnesseth, in consideration of the mutual promises, covenants and
agreements recited herein the parties do agree as follows:
1. Each of the parties to this Agreement does hereby release and forever discharge Jason
L. Laidacker, Administrator, from any and all liability which may from time to time arise in
connection with his services as Administrator of the estate of Julia A. Laidacker, deceased. The
parties do further agree to indemnify and hold harmless said Jason L. Laidacker, Administrator
from any and all liability which may arise against the estate from creditors or other claimants.
2. As part of the consideration for this Estate Settlement Agreement between
Administrator and Beneficiaries, the Administrator waives any right or demand for compensation
for his services in her capacity as Administrator of the Estate.
3. Each of the parties does hereby acknowledge receipt of the assets described on the
Memorandum of Distribution attached hereto.
4. Each party to this Agreement acknowledges that this Agreement shall be indexed and
recorded in the Estate proceedings and that the terms hereof shall be binding upon their
respective heirs, successors, administrators and assigns.
5. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
DATE:
- ASON L. LA A R-Administrator
PROPERTY OF DECEDENT SCHEDULE OF DISTRIBUTION
AND
MEMORANDUM OF DISTRIBUTION
PROPERTY OF DECEDENT:
1. Wrongful Death Settlement
Survival Action No. 2006-CV5780-MM
Less
Funeral Expenses and Administrative Costs
Inheritance Tax
Total Available for Distribution
TOTAL GROSS ASSETS
TOTAL
DISTRIBUTIONS:
$97.275.21
$97,275.21
$ 5,995.00
$ 1,513.69
$89,766.52
Jason L. Laidacker $59,883.26
Jack Hall $29,883.26
CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT
I, JASON L. LAIDACKER, hereby acknowledge receipt of the ESTATE
SETTLEMENT AGREEMENT for and on behalf of the Estate of Julia A. Laidacker, and
in my individual capacity I hereby consent to and join in the Estate Settlement Agreement
relating to the Julia A. Laidacker, deceased, a copy of which Estate Settlement Agreement,
including exhibits, has been provided to me.
ASON L. LA DA R
STATE OF {~-F (1 ~ y ~ ~ ~~ ~
COUNTY OF `~~~ ~~
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On this, the day of , 20(x, before me, the undersigned officer,
personally appeared JASON L. LAIDACKER, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that executed
the same in the capacities and for the purpose therein contained.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
cor~Nw~l,~~ oR PeNNSnvnNU-
NdarlY Bea
Rebsxa B. Hsu, Nolery Public
Miff Born, Juniata County
My Conxrripipl Expires Feb. 17, 2013
Member, Pennsylvania Asaociatbn of Notaries
CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT
FOR DISTRII3UTION
I, JACK HALL, hereby acknowledge receipt of the ESTATE
SETTLEMENT AGREEMENT for and on behalf of the Estate of Julia A. Laidacker
and in my individual capacity I hereby consent to and join in the Estate Settlement Agreement
relating to the Julia A. Laidacker, deceased, a copy of which Estate Settlement Agreement,
including exhibits, has been provided to me.
~ ~~
ACK HALL
STATE OF ~-Qn~ luo.~l c,~
COUNTY OF ~ `^~ ~1
On this, the ~~day of ' , 20~, before me, the undersigned officer,
personally appeared JACK HALL, 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 in the
capacities and for the purpose therein contained.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
COMIy1pNWFj~LFH OF PENNZYLVANIA
NoW W SM1
Rebate B. Meee, NolerY Public
MMIAn 9oro, JunbUe Count
My CdroNeefOn E~mlfet Feb. 17, 2013
Member, PanmylvaMe Aeeodetl0~ of NMerles
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
Estate of
JULIA A. LAIDACKER
ORPHAN'S COURT DIVISION
FILE NO.: 2006-00817
PA FILE NO.: 21-06-0817
Filed on behalf of Jason L. Laidacker
Administrator of the Estate of Julia A. Laidacker, Deceased.
JOHNSTON AND ZAGURSKIE, PC
117 Main Street
P.O. Box 0
Mifflin, PA 17058
(717)436-8044