HomeMy WebLinkAbout07-26-11COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-09-1069
ESTATE OF ETHEL Q LYTER, DECEASED
Late of Cumberland County, PA
FAMILY SETTLEMENT AGREEMENT AND RELEASE OF
JOBY RUTH, EXECUTRIX
Date of Death: November 4, 2009
Letters Granted: November 18, 2009
First Complete Advertisement of Grant of Letters: February 27, 2010
Account stated to: July 21, 2011
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John C. Oszustowicz, Esq.
104 South Hanover Street
Carlisle, PA 17013
(717)243-7437
AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Joby A Ruth, Executrix of the Estate of Ethel Q
Lyter, Deceased Vanessa Smith.
WHEREAS, Ethel Q Lyter died November 4, 2009, testate, a resident of Cumberland
County, Pennsylvania; and
WHEREAS, the Last Will and Testament of Ethel Q Lyter dated Apri128, 1989, was
duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as
appears of record at Number 21-09-0169; and
WHEREAS, Letters Testamentary were issued to Joby A Ruth on November 18, 2009;
and
WHEREAS, said Executrix has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in SECOND. of her Will, decedent gives and bequeaths the sum of One
Thousand ($1,000.00) Dollars to the National Wildlife Association.
WHEREAS, in THIRD. of her Will, decedent gives and bequeaths the sum of Five
Hundred ($500.00) Dollars to the Bosler Free Library.
WHEREAS, in FOURTH. of her Will, decedent gives and bequeaths the sum 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 sum of 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 sum of One
Thousand ($1,000.00) Dollars to her sister, Elva Arbegast, or her issue.
WHEREAS, in SEVENTH. of her Will, decedent gives, devises and bequeaths all the
rest, residue and remainder of her estate, real and personal, to her nieces and nephews that are
living at the time of her death in equal shares.
WHEREAS, Gayle Gross is the only named beneficiary still living.
WHEREAS, Vanessa Smith was unable to be located from the time of Ethel Lyter's death
until July 2011;
WHEREAS, this is an additional filing of the Family Settlement Agreement and Release
of Joby Ruth, Executrix originally filed on February 9, 2011
WHEREAS Vanessa Smith has 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. Vanessa Smith does hereby release and forever discharge Joby Ruth, Executrix, from any and
all liability which she had or may have or which may from time to time arise in connection
with her service as Executrix of the Estate of Ethel Q Lyter, Deceased, and hereby authorize
and request the Orphans' Court Division to charge the same against her 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. Each party to this Agreement acknowledges that this Agreement shall be indexed and
recorded in the estate proceedings and that the terms hereof shall be binding upon their
respective heirs, successors, Executors, administrators and assigns.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
DATED this ~ ~+~ day of _ ~ U i 2011.
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Witness
by ut xec i
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Witness Vanessa Smith, Beneficiary