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21 C5-7~o
Family Settlement Agreement
THIS AGREEMENT entered into this_~h day of f ' 2011 by
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and between Chester Osborn, Wilma Ashe, Barbara Round, and Paula Roemele, in
their capacities as stated:
Chester Osborn, Executor under the Last Will and Testament of Dorothy S.
Murray, dated October 31, 1996 (hereinafter referred to as "Executor");
~~ Chester Osborn, Successor Trustee of the Ralph .and Dorothy Murray Living
~~;_,
~, --:~ ~~ Trust, (hereinafter referred to as "Trustee");
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~~ - Wilma Ashe Barbara Round and Paula Roemele Beneficiaries under the
~~~~ ` ~ Ralph and Dorothy Murray Living Trust, (hereinafter referred to as
~ ~- ` "Beneficiaries");
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Chester Osborn, Trustee of the Dorothy S. Murray Family Trust Share for the
benefit of Barbara Round, (hereinafter referred to as "Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of Barbara. Round");
and
Chester Osborn, Trustee of the Dorothy S. Murray Family Trust Share for the
benefit of Paula Roemele, (hereinafter referred to as "Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of Paula Roemele").
BACKGROUND
a. Dorothy S. Murray ("Decedent") died on November 24, 2004, a resident of
Cumberland County, Pennsylvania, leaving a will dated Octc-ber 31, 1996.
b. Decedent's Last Will and Testament was not admitted to probate.
c. In her Last Will and Testament, Decedent named they Ralph and Dorothy Murray
Living Trust as the sole beneficiary of her estate, to the extent that the assets were not
already held therein at the time of her death.
d. The Executor prepared and filed a Pennsylvania Inheritance Tax Return, and
calculated the appropriate taxes due thereon.
e. The Executor has paid all the specific bequests and all the taxes, debts and expenses
of the estate known to him, and he has no knowledge of any unpaid claims, absolute or
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contingent, which may be asserted against or in favor of the c;state or trust, nor does he have
any reason to believe there are any such claims.
f. The Executor has completed the administration of the estate and trust, has prepared
his account thereof ("account") and is prepared to distributed the net assets of the estate to
the Trust, for final distribution to the residual beneficiaries thereof.
g. All estate receipts, disbursements, and distributions al•e reflected in the Pennsylvania
inheritance tax return annexed hereto.
h. Chester Osborn, Executor and Trustee of the Trust, desires that this Family
Agreement make unnecessary the filing a formal accounting in the Orphans' Court Division
of the Court of Common Pleas of Cumberland County.
i. The beneficiaries have been given the opportunity to review the books and records
of the estate and trust, and based upon such opportunity for examination, they have
determined that they have sufficient information to make an :informed decision to waive the
right to a formal accounting.
AGREEMENT
In consideration of the willingness of the Executor to distribute and terminate the estate,
as well as the Trustee to distribute the Trust, in accordance with the terms of the Last Will
and Testament and the Living Trust, without the protection afforded to them by a formal
adjudication of the account, the Trustee and Beneficiaries do hereby, individually and in
each of their capacities:
1. Acknowledge that we have read this Agreement and represent that the facts set forth
above are true and correct to the best of our knowledge, information and belief. We further
acknowledge that we are familiar with the provisions of the Last Will and Testament and
Living Trust of Decedent;
2. Waive the filing of a formal account of the administration of this estate, with respect
to the income and principal thereof, in any court which has jurisdiction, in particular, the
Orphans' Court Division of the Court of Common Pleas of Cumberland County,
Pennsylvania;
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3. Declare that we have examined the Proposed Schedule of Distribution, which is
attached hereto and incorporated herein, and find it to be true and correct in all particulars;
understand that the distribution is still subject to the payment of certain administration
expenses, including final counsel fees to Beauchat &Beauchat, LLC, and accounting fees
and final allocation of interest; accept and approve it with the same force and effect as if it
had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by
such court which has jurisdiction over this estate, and, as if the balance of principal and
income had been awarded by said court in accordance with this Agreement and the account
and statement;
4. Warrant that we know of no outstanding and unsatisfied claims against the estate
and approve the distribution of the balance of principal and income shown on the attached
proposed schedule of distribution as set forth above;
5. Absolutely and irrevocably release and discharge the Executor and Trustee, all
agents, his Executors, heirs, successors and assigns, from any and all actions, liabilities,
claims and demands, including specifically but not limited to liability arising in connection
with any mistake of fact or law, or negligent or careless act c-r omission, in connection with
the administration and distribution of assets shown in the statement;
6. Agree to refund to the Executor or Trustee such part or all of the distributive share
which has been or is being distributed to the Trust and by thf; Trust, which may at any time
be determined to have been an erroneous distribution to the Trust regardless of the cause of
such error, even if attributable to negligence;
7. Agree that any period of limitation of actions for the collection for any erroneous
distribution to the Trust or by the Trust shall commence only at such time as the Executor
or Trustee has obtained actual knowledge of such erroneous distribution and that in no
event shall the obligation to collect any erroneous distribution start earlier than the actual
discovery thereof by the Executor or Trustee.
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8. With respect to any distributions of income or principal, which we have received on
behalf of the Trust, or will receive upon execution of this agreement, agree to indemnify
and hold harmless the Executor and Trustee, all agents his F?xecutors, heirs, successors and
assigns, from any liability, loss or expense (including but n.ot limited to costs and counsel
fees), arising from any cause whatsoever, which may be incurred by the Executor and/or
Trustee as a result of the administration of this estate or distribution in accordance with this
agreement including, but not limited to, any liability for any federal estate tax, Pennsylvania
inheritance tax or any other death taxes and federal and state income taxes, together with
any interest and costs incidental thereto, relating in any way 'to the estate and also including,
but not limited to, any assets received or payments or distributions made by reason of any
negligence or mistake of fact or law;
9. Understand that this Agreement may be signed in counterpart originals, all of which
together shall be deemed to constitute one original; and
10. Agree that this Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, we agree to be bound hereby and have signed this
agreement this ~ ~-'~ day of ~ ,~ ; 2011.
Witness: ~ ~~~i~-- 1
Witne~ , l.~ ~ ~~J~~~
~ .
Chester Osborn, Executor
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Chester Osborn, Successor Trustee of the
Ralph and Dorothy Murray Living Trust
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Witness: ~~,~---~---
Witness:
Witness:
Witness:
Witness:
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Wilma Ashe,
Beneficiary of tjze Ralph and Dorothy Murray
Living Trust
Barbara Round,
Beneficiary of tiZe Ralph and Dorothy Murray
Living Trust
Paula Roemele,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Chester Osborn, Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of
Barbara Round
Chester Osborn, Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of
Paula Roemele
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Witness:
,,
Witness:
Witness:
Witness:
Witness:
Wilma Ashe,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
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Barbara Round,
Beneficiary of the Ra ph and Dorothy Murray
Living Trust
Paula Roemele,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Chester Usborri, Trustee of ~ the Dorothy S.
Murray Family Trust Share for the benefit of
Barbara Round
Chester Usborn, Trustee of ~ the Dorothy S.
Murray Family Trust Share for the benefit of
Paula Roemele
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Witness:
Witness:
Witness
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Witness:
Witness:
Wilma Ashe,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Barbara Round,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Paula Roemele,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Chester Osborn, Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of
Barbara Round
Chester Osborn, Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of
Paula Roemele
5
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Witness:
Witness:
Witness:
Witness
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Witness•
Wilma Ashe,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Barbara Round,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Paula Roemele,
Beneficiary of the Ralph and Dorothy Murray
Living Trust
Chester Osborn, Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of
Barbara Round
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Chester Osborn, Trustee of the Dorothy S.
Murray Family Trust Share for the benefit of
Paula Roemele
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STATE OF ~1~GLS
SS:
On this, the ~~ ~ day of ~ ~ 1 201 1, before me, a Notary
Public, personally appeared Chester Osborn, Executor, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and
acknowledged that the declarant executed the same for the purposes therein contained.
COUNTY OF CtO~
IN WITNESS WHEREOF I hereunto set my hand and official seal.
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Notary Pub ' c
My Commission Expires: ~'~~~' ~-~~2--
Dorothy Murray Living Trust, known to me or satisfactorily proven to be the person
whose name is subscribed to the within instrument, and acknowledged that the declarant
executed the same for the purposes therein contained.
On this, the p~ ~~~, day of ~ v~ ~ 2011, before me, a Notary
Public, personally appeared Chester Osborn, Successor Trustee of the Ralph and
,~, ~? ~ Ll~Y ®. ®MITH
_' .yTARY PUBLIC
a~TE OF KANSAS
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STATE OF 11O.Yl~S
SS:
COUNTY OF ~~~
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Pu is
ASHL~'Y t~. ~3N1111`H
NOTARY PUBLIC
STATE OF KANSAS
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STATE OF N~" l Z~TJ~2QJ
SS:
COUNTY OF ~~~~ ~
On this, the day of 201 1, before me, a Notary
Public, personally appeared Wilma Ashe, $eneficiary of the Ralph and Dorothy
Murray Living Trust, known to me or satisfactorily proven to be the person whose name
is subscribed to the within instrument, and acknowledged 1:hat the declarant executed the
same for the purposes therein contained.
IN WITNESS V~HEREOF I hereunto set my hand and official seal.
Notary Public ~ ~
M Commission Ex Tres: ~~~~ ~~ ~®~AR~~~
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STATE OF NL'U~~.
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COUNTY OF ~C~ti~L--
On this, the ,~5 day of t ' 201 1, before me, a Notary
Public, personally appeared Barbara Rou d, Beneficiar3~ of the Ralph and Dorothy
Murray Living Trust, known to me or satisfactorily proved to be the person whose name
is subscribed to the within instrument, and acknowledged 1:hat the declarant executed the
same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ~~ ~ ~ 1" 42.0 ~ ~ ~AR~A uvr0 HUBS
• NOTARY PUBLtC
.~ BTATE Of NEVADA
y. ~ C~nmissio~ Expires: 02-24f 3
CetUficate No: 97-07~0-1
8
STATE OF ~ :
SS:
COUNTY OF ~ R U1iR-E~'1 ~ C.
On this the ~ da of ~/'i~~ 2011 before me a Notar
G y L , y
Public, personally appeared Paula Roemele, Beneficiary of the Ralph and Dorothy
Murray Living Trust, known to me or satisfactorily proved to be the person whose name
is subscribed to the within instrument, and acknowledged ghat the declarant executed the
same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
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Notary Public r
My Commission Expires:
CpIVIMpN1NEALTH 4F PENNSYLVANIA
Notarial Beal
Deborah 8. Aoat~rinp, Notary Public
~Ilwt~i City Born, t.awrence County
~t~MlriisNion July 1, 2011
~lP, ~nngyhania Assodation of Notaries
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STATE OF f LG~(1SGLS
SS:
COUNTY OF ~~~
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On this, the ~~~~ day of r~i r 2011, before me, a Notary
Public, personally appeared Chester Osborn, rustee of the Dorothy S. Murray Family
Trust Share for the benefit of Barbara Round, known to me or satisfactorily proven to
be the person whose name is subscribed to the within instrument, and acknowledged that
the declarant executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
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Notary Pub is .~^'
M Commission Ex fires: ~'"" ~~ 'Z~12- _ ~ ' c ~~ '~• SfVIITH
Y p ,~ ~~ ~ueuc
$` ~-#~ KANSAS
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STATE OF ~'~.YISC~'s
SS:
COUNTY OF
On this, the ~~~~ ~ day of Y~ ~ 2011, before me, a Notary
Public, personally appeared Chester Osborn, Trustee of the Dorothy S. Murray Family
Trust Share for the benefit of Paula Roemele, known to me or satisfactorily proven to be
the person whose name is subscribed to the within instrumf;nt, and acknowledged that the
declarant executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
No ary Publ'
My Commission Expires: '~(~-'1' ~ 'Z<= ~2-- ~'^~'T'~~~"~"""`
''~ ~ C)~ KANSAS
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PROPOSED SCHEDULE OF DISTRIBUTION
Estate of: Dorothy S. Murray Date of Death: November ?.4, 2004
Distributions to Estate
Morgan Stanley Smith Barney $ 275
746.54
Morgan Stanley Smith Barney -final interest payment after liquidation ,
$ 120.45
Additional earned interest to date $ 5,225.00
(Note: Additional accrued interest to be added at disbursement)
Sub-Total ~ 281.091.99
Expenses of Estate
Attorney Fees
a. Beauchat &Beauchat, LLC -estimated $ 7,000.00
Administrative Costs /Expenses To Be Paid by Estate
a. Fiduciary Tax Reserve -estimated $ 15,000.00
b. Fiduciary Fee -estimated $ 5,000.00
c. Inheritance Tax $ 39,668.79
Total Expenses -------------------------------------------•----------- $ 66,668.79
Gross Estate --------------------- $281,091.99
Estate Expenses ---------------- $ 66 668.79
Net Estate -------------------------------------------------------------~----- $ 214,423.20
Distribution
Name Address
Wilma Ashe Canyon Vistas RV Resort
As to a fifty percent (50%) share, 6601 E. US Highway 60, Lot 167'
outright Gold Canyon, AZ 85118
Barbara Round, 11403 Newton Commons Drive
As to a twenty five percent (25%) Las Vegas, NV 89135
share, in trust
Paula Roemele 306 Hartzell School Drive
As to a twenty five percent (25%) Fombell, PA 16123
share, in trust
Distribution Amount
$ 107,211.60
$ 53,605.80
$ 53,605.80
Total Distribution Amount -----•• $ 214,423.20