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HomeMy WebLinkAbout02-09-11:~ ~•., ca -~ r~r r' r~ ~ 4,~ -~~ s ; , tiD _2 , rJ '-*~ ~ w ~~~ ~. c~ ', COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS''YT~~'ANIA ~~ ORPHANS' COURT DIVISION NO. 21-09-1069 ESTATE OF ETHEL Q LYTER, DECEASED ', Late of Cumberland County, PA ~I I FAMILY SETTLEMENT AGREEMENT AND RELEASE OF I!, ~!i JOBY RUTH, EXECUTRIX ', I, Date of Death: November 4, 2009 ! ~I~ Letters Granted: November 18, 2009 I First Complete Advertisement of Grant of Letters: February 27, 2010 Account stated to: November 11, 2010 ', ', Jahn C. O tlawicz, Esq. 104 Sou H 'over Street _ _ G is ~,, PA 17013 '~7 'l) 243-7437 ~} ~ , . ~• - ~, _ _ ~-- -r ~~'~~~ `~` SCE ~~ ~~ raF 4'i Jil,,;,~J A!fir~tIEEMENT TO INDEMIrIIFY, RECEIPT, AND OF COURT CQ, PA THIS AGREEMENT, by and among Joby A Ruth, Executrix of the Es f!Ethel Q Lyter, Deceased and Doug Arbegast, Scott Arbegast, Susan Arbegast, Terry Ar g «, Joann Cohick, Laura Earley, Joyce Edmiston, Amy Engelbert, Genevieve Fitting, Gayly .mss, Randy Heberlig, Robert Heberlig, Fawn Hughes, Gloria Jumper, Cristy Klouman, Gene Q 'gly, Pat Rittenhouse, Thelma Romberger, Janet Rudolph, Joby Ruth and Kim Wymond. WHEREAS, Ethel Q Lyter died November 4, 2009, Testate, a resident or County, Pennsylvania; and WHEREAS, the Last Will and Testament of Ethel Q Lyter dated April 2~, 199, was duly probated in the Office of the Register of Wills of Cumberland County, Pezy v~.nia as appears of record at Number 21-09-0169 (a copy of the Will is attached hereto d ked Exhibit A); and WHEREAS, Letters T~tary were issued to Joby A Ruth on Nov~be~r 18,.2009; aid WHEREAS, said Executrix has duly administered the es~c according to haws ofthe Commonwealth of Pennsylvania; and ~~, WHEREAS, in SECOND. of her Will, decedent gives and bequeaths the ~u~i of One Thousand ($1,000.00) Dollars to the National Wildlife Association. '~ WHEREAS, in THIRD. of her Will, decedent gives and bequeaths the sun ~f Five Hundred ($500.00) Dollars to the Bosler Free Library. WHEREAS, in FOURTH. of her Will, decedent gives and bequeaths the $ur~i of One Thousand ($1,000.00) Dollars to her sister, Ruth Heberlig, or her issue. WHEREAS, in FIFTH. of her Will, decedent gives and bequeaths the surr# o~ Five Thousand ($5,000.00) Dollars to her sister, Gayle Gross, or her issue. WHEREAS, in SIXTH. of her Will, decedent gives and bequeaths the sunl~ Thousand ($1,000.00) Dollars to her sister, Elva Arbegast, or her issue. WHEREAS, in SEVFI'I3. ~r Wi1lY decedent ~ devises-and. b ~e rent, residue and remainder of her estate, real and personal, to her nieces and n #l are living at the time of her death .in equal shares. i ~~3~1 ~cBl-9 Fri 3: ~2 - _ _.. _ ___~_ ~.-.fry- • ~ ~ ~&a&,~ T_ WHEREAS, Gayle Gross is the only named beneficiary still living. WHEREAS, Doug Arbegast, Scott Arbegast, Susan Arbegast, Terry Arb~g #, Joann Cohick, Laura Earley, Joyce Edmiston, Amy Engelbert, Genevieve Fitting, Gayl ss, Randy Heberlig, Robert Heberlig, Fawn Hughes, Gloria Jumper, Cristy Klouman, Gene •gly, Pat Rittenhouse, Thelma Romberger, Janet Rudolph, Joby Ruth and Kim Wymond v been furnished with a complete listing of the estate assets, receipts and disbursements• d 2. Each party to this Agreement acknowledges that this Agreement shall be inde e I and recorded in the estate proceedings and that the terms hereof shall be binding o~i their respective heirs, successors, Executors, administrators and assigns. !, This Agreement shall be governed by the laws of the Commonwealth of Pennsyly a~ WHEREAS, it is the desire of the parties to this Agreement that final dis ution of this estate be accomplished without a formal accounting to the Orphans' Court Divis o df the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid e expense, delay and publicity of a formal accounting. ~ I i NOW, THEREFORE, in consideration of the mutual promises, covenant a~d agreements recited herein, the parties do agree as follows: 1 _ -Doug Arbegast, Scott Artie Susan Arbegast, Teat' . Jaa~n Co ' ~ k, l~aura Earley, Joyce Edm~ton,.Amy £~, Geaesrieve Fifiti~ Cia~~Cxrass, ~eberlig, Robert Heberlig, Fawn Hughes, Gloria Jumper, Cristy Klc~uman,_Gene Quigl , Rittenhouse, Thelma Romberger, Janet Rudolph, Joby Ruth and Kim Wymo d d hereby release and forever dischazge Joby Ruth, Executrix, from any and all liability '~h she had or may have or which may from time to time arise in connection with her se as Executrix of the Estate of Ethel Q Lyter, Deceased, and hereby authorize and nest the Orphans' Court Division to charge the same against her share of said estate, dim consideration for said distribution, hereby agree to refund any amounts so dis 'used which may be required to fully discharge any tax liability of the estate, debts of the c dent, or administF-anon expenses. '~ DATED this ___~__~ day of ~Y~( , 2U l ~. ~_~~ Witness A Execu x _ _ _. _r --T ,, ~' Witness Wi ess ./lam/ Witness Wi ess i~~ - ~ ~ v~ Witness Witness Witness 2 ~ ~ I, r D Bast, B e C%~/ Scott A grit, Bene l c'a i ty Susan Arb t, ,'~ , e cx Terry egast, Ben i~ry Cohick, Bene ci Laura Earley, Benefi i ~I I J ce dntistt3ny Ben u1 ~ c~ary Amy Ei elbert, en fi i~ry ~~~~~ nevieve Fitting ayle oss, Benefic~ ~', filciary T~~4 - dy eberlig, Ben~fi i2~ry o ert a erlig, Ben~fi ~`~~~ QTY c/~ Fawn Hughes, Bene ', Gloria Jumper, efi i G Witness - ~ ~ ~~ l~ Witness -..+ ~~ Witness Witness ~~~---- Witness ~~_ Wttr~ss Witness ff ~ ~~~U I ~--- Christy Klouman, B n c' Gene Quigley, Bene ~~ 7 y ~ •- I~a~`Ritt~nh xse, Bei e i iar}° Thelma Romberger, ., B r~eficiary anet Rudolph, Ben fi i r ~ Benef~i ~~ Kim ymo c ~,I '~, ' I I , i v _____ -- -- ,, LAST WILL AND TESTAMENT L, ETHEL Q. LYTER, of Carlisle, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made. FIRST. I direct all my just debts and funeral expenses be full~~ paid and satisfied out of my estate by my personal representative hereinafter named as soon as conveniently may be done after my decease. SECOND. I give and bequeath the sum of One Thousand ($l,t)00.00) Dollars to the National Wildlife Association. THIRD, I give and bequeath the sum of Five Hundred ($500.00) Dollars to the Bosler Free Library. FOURTH. I give and bequeath the sum. of One Thousand ($1,000,00) Dollars to my sister, Ruth Heberlig, or her issue. FIFTH. I give and bequeath the sum. of Five Thousand ($5,000.00) Dollars to my sister, Gayle Gross, or her issue. SIXTH. I give and bequeath the sum of One Thousand ($1,000.00) Dollars to my sister, Elva Arbegast, or her issue. SEVENTH. I give, devise anal bequeath all the rest, residue and remainder of my estate, real and personal, to my nieces and nephews that are living at the time of my death in equal shares. LASTLY, I nominate, constitute and appoint my niece, Joby A. Ruth, if living, otherwise my nephew, Dennis C. Gross, Executrix or Executor, of this my Last Will and Testament, who shall serve without the necessity of filing any bond in this or any other jurisdiction. IA WITNESS WHEREOF, I have hereunto set my hand and seal this 2-~ ~dav of ~~_, A.D., 1989. • ~ %/ ~' ~~ ,~ ~ ~ ~ t ~~~~~ ^~~ (SEAL) ;,/ . . . Signed, sealed, published and declared by the above named Testatrix, Ethel Q. Lyter, as and for her. Last Will and Testament, in the pr~:s~nce of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto.