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Home My WebLink About08-18-10IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS JOSEPH A. CUCCARESE, DECEASED :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO 2010-00591 FAMILY SETTLEMENT AGREEMENT ~--, '~~~ <-:~:~ THIS AGREEMENT, made this 5th day of August, 2010, n ~ -; ~ ,_~~ .. r' f ~.....~ 3 ~.,.. ~f. ,. WITNESSETH: ~ ~ ~-- i r -R _'_, i .- ~ t ,~ _ ,~ .3 ~%.. THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: '` ~~~ ~::,_~ 1. Joseph A. Cuccarese (the "Decedent"), died testate on January 16, 2010, and Victoria E. Cuccarese duly qualified as Executrix (the "RepresentativE;") of his estate (the "Estate"). 2. The Decedent's wife, Victoria E. Cuccarese and Decedent's children, Christine Lancaster, Carla Patti and Caren Purcell (collectively, the "Beneficiaries") all survived him. The Beneficiaries desire the Representative 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 Divi~cion of the Court of Common Pleas of Cumberland County, Pennsylvania (the "C"ourt"). 3. The Beneficiaries desire to settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirna their acceptance of the Informal Account (the "Account"), attached hereto .as Exhibit "A" and incorporated herein by this reference, and the Schedule of Proposed Distribution to Beneficiaries (the "Schedule"), attached hereto as Exhibit "B" and incorporated herein by this reference. The Beneficiaries desire that the distributions to them, as set forth on the Schedule, be in full satisfaction of their rights in the Estate. 4. The Beneficiaries wish to release the Representative and to indemnify her against any and all claims that maybe asserted against the Estate or the Repre;>entative after the date hereof. 5. The Representative is willing to settle the Estate informally in consideration of the indemnifications hereinafter 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 successors and assigns: a. 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. b. 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. c. Acknowledge that the distributive share or amount set forth on the Schedule shall be in full satisfaction of their respective entitlements under tr-e Will. d. Release, remise, quitclaim and forever discharge the Representative, his heirs, personal representatives, successors and assigns, from and against all claims that they, as beneficiaries of the Estate, and in connection with the Estate, had, now have or may in the future have in connection with the Estate. e. Agree to refund, on Demand, all or any part of any aforesaid distribution, which has been determined by the Representative, or by the Court., or by any Court of Competent jurisdiction, to have been improperly made. f. Agree to indemnify and hold harmless the Representative, 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 Representative) that may hereafter be asserted against the Estate or against the Representative. g. Agree to execute such other or additional documents as maybe necessary to effectuate the agreements set forth herein. h. Acknowledge that this Agreement shall be governed by and constr~~ed in accordance with the laws of the Commonwealth of Pennsylvania. i. Consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the Beneficiaries have placed their hands and seals on the attached Consents to Family Settlement Agreement. EXHIBIT "A" ACCOUNTING RECEIPTS OF PRINCIPAL (Values as of date of death) Gross amount due from sale of 4085 Darius Drive $165,631.16 Personal assets 1,000.00 TOTAL RECEIPTS $166,631.16 DISBURSEMENTS OF PRINCIPAL Debts of Decedent Closing costs of sale of 4085 Darius Drive Administration Expenses Attorneys' Fees Probate Fees Total Administrative Expenses Taxes Inheritance Tax TOTAL DISBURSEMENT $134,101.51 $ 1,884.90 332.50 $ 2217.40 $ 0.00 $136,318.91 TOTAL FOR DISTRIBUTION $30,312.25 EXHIBIT "B" PROPOSED SCHEDULE OF DISTRIBUTION Victoria E. Cuccarese $30,312.25 (100%) CONSENT TO FAMILY SETTLEMENT AGREEMENT AND RECEIPT FOR DISTRIBUTION I, Victoria E. Cuccarese, hereby acknowledge receipt of the tangible personal property of the Decedent, and the distribution in the amount shown on the Proposed S~l~edule of Distribution. I hereby consent to and join in the Family Settlement Agreement relating to the Estate of3~e~ri A. Cuccarese, deceased, a copy of which Est~~te Settlement Agreement, including exhibits, has been provided to me. ~` ~ - ~~ ~- Victoria E. Cuccarese STATE OF COUNTY OF SS. -~,r' On this, the S ` day of ~ti u s ~ , 2010, before me, the undersigned c-fficer, personally appeared Victoria E. Cuccarese, 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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. y% i~ f z~-2~ Notary Public J My Commission Expires: (SEAL) ~~~!!% ~ ROSEMARY HOLLEN, NOTARY pUl3LIC m~~~a ~~~ • STATE OF OHIO E o~ IIN MY COMM. EXPIRES SEPT. 22, 2012 CONSENT TO FAMILY SETTLEMENT AGREEMENT AND RECEIPT FOR DISTRIBUTION I, Christine Lancaster, hereby acknowledge receipt of the tangible personal property of the; Decedent, and the distribution in the amount shown on the Proposed Schedule of Distribution. I hereby consent to a.nd join in the Family Settlement Agreement relating to the Estate of Joseph A. Cuccarese, deceased, a copy of which Estate Settlement Agreement, including exhibits, has been provided to me. r /,~~ GG ~` L ~~1~ ~~ Christine Lancaster STATE OF COUNTY OF SS. On this, the -~ ~ day of ~ u , ~ , 2010, before me, the undersigned officer, personally appeared Christine Lancaster, 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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ,., Notary Public My Commission pires: N„ ~ SEAL) ~*~~ "~~'~ ROSEMARY H LLEN, NOTARY PUBLIC *~~''~• STATE OF OIi10 qrF.. ~`''`'~ MY COMM. EXPIRES SIEPT. 22, 2012 ~Ma~nF CONSENT TO FAMILY SETTLEMENT AGREEMENT AND RECEIPT FOR DISTRIBUTION I, Carla Patti, hereby acknowledge receipt of the tangible personal property of the Decedent, and the distribution in the amount shown on the Proposed Schedule of Distribution. I hereby consent to a.nd join in the Family Settlement Agreement relating to the Estate of Joseph A. Cuccarese, deceased, a copy of which Estate Settlement Agreement, including exhibits, has been provided to me. Cc~~- Cazla Patti STATE OF COUNTY OF SS. On this, the ~ ;~T day of ~ ~ ~ s ~ , 2010, before me, the undersigned c-fficer, personally appeared Carla Patti, 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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Notary Public My Commission Expires: (SEAL) ~~~%~~ ROSEMARY HOLLEN, NOTARY PUBLIC ''~"~~ STATE OF OHIO ''~'"~ tlAY COMM. EXPIRES SEPT. 22.20'f 2 CONSENT TO FAMILY SETTLEMENT AGREEMENT AND RECEIPT FOR DISTRIBUTION I, Caren Purcell, hereby acknowledge receipt of the tangible personal property of the Dece;dent, and the distribution in the amount shown on the Proposed Schedule of Distribution. I hereby consent to and join in the Family Settlement Agreement relating to the Estate of Joseph A. Cuccarese, deceased, a copy of which Estate Settlement Agreement, including exhibits, has been provided to me. Caren Purcell STATE OF COUNTY OF SS. On this, the ~ ~~' day of /~z-~ c; 5 , 2010, before me, the undersigned officer, personally appeared Caren Purcell, known to me (or sa isfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Notary Public My Commission Expires: (SEAL) ,..,, ROSEMARY HOI.LEN, NOTARY PUBLIC ~~"~ STATE OF OHIO `; : ~ M1f COMM. EXPIRES SEP~ ~, 2012 LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Mark K. Emery, Esquire Fax (717) 238-9889 e-mail mark~markemerylaw.com August 17, 2010 Ms. Glenda Farner Strasbaugh Register of Wills 1 Courthouse Square Carlisle, PA 17013 Dear Ms. Strasbaugh: RE: Estate of Joseph A. Cuccarese No. 2010-00591 Enclosed please fine an original and one copy of a Family SettlemE~nt Agreement. Kindly file the original, time-stamp the copy, and return it to me in the enclosed self-addressed, stamped envelope. I also enclose a check for $20.00 for filing fees. Should you have any questions, or require anything further, pleasE: contact me. Very truly yours, LAW OFFICES OF MARK K. E1IAERY ,a t,,i-7 ~ ? ~,., f/JO ,~- Y• ~ ~ ~ I' Mark K. 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