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FAMILY SETTLEMENT AGREEMENT AND FWAL RELY E IN
ESTATE OF MARGARET K. PERRY, DECEASED
THIS AGREEMENT, made this 4th day of February 2011, by {and
between JANE P. LEVAN, Executrix and JOHN L. PERRY, Executory oaf the
estate of MARGARET K. PERRY, Deceased, and MANUFACTURER amid
TRADERS TRUST COMPANY, formerly known as ALLFIRST TRUST CO MANY of
PENNSYLVANIA, N.A., formerly known as FMB BANKS, successor y merger
to DAUPHIN DEPOSIT BANK and TRUST COMPANY, residuary ben fic~iary of
the Estate of MARGARET K. PERRY, Deceased.
WHEREAS, MARGARET K. PERRY died on February 13, 2006, hiving
executed a Last Will and Testament dated April 17, 1989 ;and ,.,
WHEREAS, under the provisions of the aforesaid Last Willa ,~ ~~
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Testament, JANE P. LEVAN and JOHN L. PERRY were designated ~
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WHEREAS, on February 27, 2006, the Register of Wills in an mr
Cumberland County, Pennsylvania did constitute and appoint J t~1E P.
LEVAN and JOHN L. PERRY Executors ofthe Estate of MARGARET . (PERRY,
filed to Estate No. 2006-00178 ;and
WHEREAS, under the terms and provision of Item II of the L s1t Will
and Testament of MARGARET K. PERRY, all tangible personal pro ~rfy,
including furniture, furnishings, jewelry, personal effects and autc~mlabiles
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were bequeathed to JANE P. LEVAN and JOHN 1. PERRY, ail of wChiCh have
previously been distributed; and
WHEREAS, pursuant to Item IV of the Last Will and Testame t and
MARGARET K. PERRY, the residue and remainder of the estate w s
bequeathed to MANUFACTURERS and TRADERS TRUST COMPAN
under a Revocable Trust Agreement dated December 17, 198
WHEREAS, the Executors have proceeded with the admi
the estate consisting of the assets as set forth in the First and
a true and correct copy of which is attached herein, and
hereof and marked as Exhibit A; and
WHEREAS, the only parties remaining in interest in the
above-named parties; and
WHEREAS, the parties desire that the Executors shall not b
to file an Account with the Register of Wills of Cumberland Cou
that the net estate of the decedent be distributed without the
a~ Trustee
.motion of
account,
a~ part
4~re the
required
ly, and
ac~essity of
filing a formal account to avoid expense, delay and publicity of a' formal
accounting, but should instead be distributed in accordance wi h'the
Schedule of Proposed Distribution attached hereto and made ~ part
hereof, and marked Exhibit A.
NOW THEREFORE, in consideration of the mutual promises,
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covenants and agreements recited herein, and intending to be Regally
bound hereby, JANE P. LEVAN and JOHN 1. PERRY and MANUFA~T~IRERS
AND TRADERS TRUST COMPANY, beneficiaries of the estate of
PERRY, do hereby formally agree as follows:
1. Each has fully and carefully reviewed the First and F~npl
Account and Schedule of Proposed Distribution of JANE P. LEVA~1 land
K.
JOHN L. PERRY, Executors of the Estate of MARGARET K. PERRY, ar~d finds
them to be true and correct and acceptable and further acknolwvledge
that they have received a copy of this Family Settlement Agreement and
Final Release.
2. In order to avoid expense, delay and publicity invol~e'd in the
filing of a formal Account and Schedule of Proposed Distribution, rio
accounting to the Court is necessary and they do hereby agree and
consent to distribution being made without filing a First and Final Account
and Schedule of Proposed Distribution, the same to be with the acne
force and effect as if they had been filed and confirmed by the Court of
Common Please of Cumberland County, Pennsylvania.
3. They do hereby release, remise, quitclaim and forever
discharge the Estate of MARGARET K. PERRY, and JANE P. LEVAN art
JOHN L PERRY, Executors of the Estate, their heirs, executors, i
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administrators, and assigns, from all manner of acts, suits, claims;
accounts, debts and demands whatsoever which they, their hers and
assigns, may at any time hereaffer have a ainst said Executors, I h~ estate
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or assets thereof.
4. JANE P. LEVAN and JOHN L. PERRY do hereby relea a land
hold harmless MANUFACTURERS AND TRADERS TRUST COMPANY, o~mei
known as ALLFIRST TRUST COMPANY, N.A., formerly known as FM IBANKS,
successor by merger to DAUPHIN DEPOSIT BANK and TRUST COMP/~-NY, as
Trustee of the Margaret K. Perry Trust for any liability resulting fto the
actions of the Executors due to the trustee's acceptance of the residue of
the estate.
5. JANE P. LEVAN and JOHN L PERRY do hereby cove aht and
agree that they will contribute their share of the Estate to satisfy ryy
claims, debts, demands, suits , or causes of action which may b
successfully brought against the Estate or the Executors offer they
execution of this Family Settlement Agreement and Final Releas~.
6. The parties hereto agree that they will at all times in the future
and wherever necessary, appropriate or convenient, make, exe~CWte and
deliver to the Executors or as otherwise directed by the Executo~s, i
and all instruments, documents, conveyances, deeds, i
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any
releases or other instrument of any kind necessary or convenient to carry
out the intention of this Family Settlement Agreement and Final ~elease.
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7. The parties hereto agree that this Family Settlement
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Agreement and Final Release constitutes the entire understandi g~ among
the parties hereto and no other representation or statements of ray kind,
written or oral, have been made to them by the Executors or an other
person or party on their behalf. I',
8. This Final Settlement Agreement and Final Releases all inure
to the benefit of and shall be binding upon the parties hereto, a ~h of
them, their heirs, executors, administrators, successors and assig s.
9. This Family Settlement Agreement and Final Releas sfnall be
governed by the laws of the Commonwealth of Pennsylvania.
iN WITNESS WHEREOF, the parties hereto, intending to be I gully
bound hereby, have set their respective hands and seals the da and
year first written above. ~,
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WITNESS:
J e P Levan, Executrix
Estate of Margaret K. Perry
WITNESS:
o L. Perry, Execut r
ate of Margaret .Perry
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ESTATE OF MARGARET K. PERRY
FIRST AND FINAL ACCOUNT
INVESTMENT HOLDINGS
T. Rowe Price Prime Reserve Fund
LHP Trust
MKP Trust
Tri-Continental Corp. Stocks
SUBTOTAL
Date of Dea
February 13,
$ 2,032.30
877,950.07
583,547.80
293.38
$ 1,463,823.55
Vblue
REAL ESTATE HOLDINGS
CASH RESERVES
M8~T Bank Account #68391889
M8~T Bank Account # 68390122
Personal Effects
SUBTOTAL;
TOTAL ASSETS:
$373,000.00
$ 3,553.82
3,108.59
3,540.00
$ 10,202.41
$ 1,847,025.96
Exhibit "A"
1 of 3
DISBURSEMENTS
FUNERAL EXPENSES;
1. Musselman Funeral Home
2. Rolling Green Cemetery
3. Pete's Cafe
4. Bricker House
5. Bixler Flowers
ADMINISTRATION:
1. Hartman 8~ Scheuchenzuber Accounting
2. Gettysburg Times
3. Patriot News
4. Cumberland Law Journal
5. Cumberland County
6. Chuck Bricker Appraisal
7. John L Perry Executor
8. Jane P Levan Executrix
9. Mark Heckman Real Estate Appraisal
OTHER EXPENSES;
1. Duty Locksmith
2. Central State Distributors
3. World Painting
4. ARS
5. Utilities
6. PA Landscapers
7. Messiah Home Healthcare
8. CVS Pharmacy
9. PA Income Tax 2006
10. Donations
11. Real Estate Sale Settlement Fees
SUBTOTAL
TOTAL:
$7,038.
1,195.
567. 9
192.92
159.
SUBTOTAL 9,192.41
$ 685.
61.
137.1
75.
416.
120.
2,500.
5,000.
800.
SUBTOTAL ,794.77
7 .OIO
2,04 .810
8,85 . l
1,2 .OID
51.83
1,79 .00
.00
23,61 .30
$ 61,040.58
Exhibit "A"
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TOTAL ASSETS:
TOTAL DISBURSEMENTS:
ESTATE BALANCE:
$1,847,025.96
$ 61,040.58
$1,785,985.38
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Exhibit "A"
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