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HomeMy WebLinkAbout01-04-11COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-09-1013 ESTATE OF SARA K. DEWALT a/k/a SARA KATHERINE DEWALT, DECEASED Late of Cumberland County, PA FAMILY SETTLEMENT AGREEMENT MICHAEL LLOYD DEWALT, EXECUTOR Date of Death: September 23, 2009 Letters Granted: October 27, 2009 First Complete Advertisement of Grant of Letters: November 23, 2009 Account stated to December 17, 2010 Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 (717) 249-6873 /~~ 1, J ';T O ' µ~.,..^. ....,.,.... r•-' M- +~+y ~ ~ T~ ~- ~ ~ ~. ~'"I l - 1 ~ T t'7 :.~ c ~ 7 , :1 _. c;_~L~.. N .m~ _~ ~~ --a '. -~ c_rt `~`7 Cj -r~ [.°` C c AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Michael Lloyd Dewalt, Executor of the Estate of Sara K. Dewalt a/k/a Sara Katherine Dewalt Deceased, Barbara M. Dewalt, Michael Stephen Dewalt, Virginia Dewalt, Jennifer Kummer, April L. Gibb, Athena Stone, Jeremy Stone, Casey Kummer and Michael Lloyd Dewalt. WHEREAS, Sara K. Dewalt a/k/a Sara Katherine Dewalt died September 23, 2009, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Sara K. Dewalt alk/a Sara Katerine Dewalt dated February 20, 2007, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-09-1013 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Michael Lloyd Dewalt on October 27, 2009; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in Item 2. of her Will, decedent gave her burial lot in Mt. Zion Cemetery to Michael L. Dewalt, Barbara M. Dewalt, Michael Stephen Dewalt and Virginia Dewalt; and WHEREAS, in Item 3. of her Will, decedent directed her Executor to divide equally and give all of her stocks, securities and investment accounts to her son, Michael Lloyd Dewalt, her grandson, Michael Stephen Dewalt, her granddaughter, Jennifer Kummer, and her granddaughter, April L. Gibb; and WHEREAS, in Item 5. of her Will, decedent gave $1,000.00 to her three great- grandchildren Athena Stone, Jeremy Stone and Casey Kummer; and WHEREAS, Michael Lloyd Dewalt, Barbara M. Dewalt, Michael Stephen Dewalt, Virginia Dewalt, Jennifer Kummer, April L. Gibb, Athena Stone, Jeremy Stone and Casey Kummer have been furnished with a complete listing of the estate assets, receipts and disbursements; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. Beneficiazies do hereby release and forever dischazge Executor, from any and all liability which he had or may have or which may from time to time arise in connection with his service as Executor of the Estate of Saza K. Dewalt a/k/a Saza Katherine Dewalt, Deceased, and hereby authorize and request the Orphans' Court Division to chazge the same against their share of said estate, and in consideration for said distribution, hereby agree to refund any amounts so distributed which may be required to fully discharge any tax liability of the estate, debts of the decedent, or administration expenses. 2. The parties to this Agreement acknowledge that this Ag eof shall belbinding upon t eir recorded in the estate proceedings and that the terms her respective heirs, successors, executors, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 02$~ day of ~ , 2010. DATED this WITNESS WITNESS WITNESS WITNESS ~ - Michael Lloyd Dewal , ecutor Michael Lloyd ewalt, Beneficiary ~CC ~~ Q ~' C~ ~~ Bazbaza M. Dewalt, Beneficiary ~l o Michael Stephen Dewalt, Beneficiary G~ 1'C.~ WITNESS ~~~~~ ~ ~ WITNESS ~~~ WITNESS ~~~~~ WITNESS WI SS ~ ~, WITNESS ` - ~ inia ewalt, eneficiary um~r Je i er K e ,Beneficiary April . Gibb, Beneficiary 'Athena Stone, Beneficiary er my tone, Beneficiary GYYI ~ Jenni r umme ,for Casey K r, Beneficiary, as authorized by court order