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HomeMy WebLinkAbout09-21-11 (3)~~ / -~ ~C ~ - d • `~ ~~ .> C7 -,, ~:~ __ -= ~- rt : _ --_ FAMILY SETTLEMENT AND FINAL RELEASE ' ~ `? _ ;_-, -.-~ .. :, ESTATE OF CAROL A. SHOLLY, DECEASED , ` ~,' ".~ a _. ~ ' ~.') f~ ~ l- KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Carol A. Sholly, late of 113 Amy Drive, Carlisle, Cumberland County, PA, deceased, died testate on June 17, 2010, having first made her last will and testament, which was duly executed on May 5, 2009, and was duly recorded in Cumberland County, Pennsylvania, on July 14, 2010; WHEREAS, the said Carol A. Sholly by the aforesaid last will and testament, named Donald E. Sholly as Executor of said last will and testament; WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Executor, hearinafter called personal representative; WHEREAS, the said personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal property, to a total value of $71.,539.80, as set forth in Exhibit A, which is a copy of the Inheritance Tax Return by the said personal representative, and which is attached hereto and made a part hereof, and marked Exhibit A; WHEREAS, the debts and the deductions, including the payment of inheritance tax in the said estate, amount to $11,908.59, leaving a balance for distribution of $59,631.21, also as set forth in the Inheritance Tax Return, which is attached hereto and marked Exhibit A; WHEREAS, the balance for distribution as shown in the said statement marked Exhibit A has been reduced to cash and has been distributed as herein indicated in accordance with the terms of the last will and testament of the said decedent; NOW, THEREFORE, KNOW YE, that we, Donald E. Sholly, Todd A. Sholly and Michael L. Sholly, being all of the children of the said decedent and heirs under the last will and testament of the said decedent and being those persons entitled to inherit under said last will and testament, do hereby, each of us, acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequest, and devises as are given, devised and bequeathed to each of us respectively by the said last will and testament, which amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit A; AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effort as if they had been filed and confirmed by the Orphans Court Division of the Court of Common Pleas, Cumberland County Branch. THEREFORE, we and each of us do hereby remise, release, quitclaim and forever discharge the said personal representative, three heirs, executor, and administrator and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we and I ~' each of us do hereby covenant and agree with each other and the aforesaid personal representative that we will contribute pro rata our share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of July, 2011. Witness: ,~ ~t~~ ~., ..~~~%~ ~~' ~'~ SEAL ~''~ ( ~ L'j~'dsay D. Baird; squire Donald E. Sholly (SEAL) Todd A. Sholly Michael L. Sholly STATE OF PENNSYLVANIA SS COUNTY OF CUMBERLAND (SEAL) On this, the ~ c~,~' day of ~ 2011, before me, a Notary Public, the undersigned officer, personally appeared Donald .Sholly, (known to me/satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. ' IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1 ' Notary Public pn"j" _ ~ ~ My commission expires: ~ ~ ~ " ~ a,,k ~' I maintain my office in: Carlisle, Pennsylvania. FAMILY SETTLEMENT AND FINAL RELEASE ESTATE OF CAROL A. SHOLLY, DECEASED KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Carol A. Sholly, late of 113 Amy Drive, Carlisle, Cumberland County, PA, deceased, died testate on June 17, 2010, having first made her last will and testament, which was duly executed on May 5, 2009, and was duly recorded in Cumberland County, Pennsylvania, on July 14, 2010; WHEREAS, the said Cazol A. Sholly by the aforesaid last will and testament, named Donald E. Sholly as Executor of said last will and testament; WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Executor, hearinafter called personal representative; WHEREAS, the said personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal property, to a total value of $71,539.80, as set forth in Exhibit A, which is a copy of the Inheritance Tax Return by the said personal representative, and which is attached hereto and made a part hereof, and marked Exhibit A; WHEREAS, the debts and the deductions, including the payment of inheritance tax in the said estate, amount to $11,908.59, leaving a balance for distribution of $59,631.21, also as set forth in the Inheritance Tax Return, which is attached hereto and mazked Exhibit A; WHEREAS, the balance far distribution as shown in the said statement mazked Exhibit A has been reduced to cash and has been distributed as herein indicated in accordance with the terms of the last will and testament of the said decedent; NOW, THEREFORE, KNOW YE, that we, Donald E. Sholly, Todd A. Sholly and Michael L. Sholly, being all of the children of the said decedent and heirs under the last will and testament of the said decedent and being those persons entitled to inherit under said last will and testament, do hereby, each of us, acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequest, and devises as are given, devised and bequeathed to each of us respectively by the said last will and testament, which amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit A; AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effort as if they had been filed and confirmed by the Orphans Court Division of the Court of Common Pleas, Cumberland County Branch. THEREFORE, we and each of us do hereby remise, release, quitclaim and forever discharge the said personal representative, three heirs, executor, and administrator and assigns, of and from the said estate and from ail actions, suits, payments, accounts, reckonings, claims, and demands whatsoever for or by reason thereof, ar for any other use, matter, cause or thing whatsoever touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we and each of us do hereby covenant and agree with each other and the aforesaid personal representative that we will contribute pro rata our share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ ~' day of July, 2011. Witness: (SEAL) Lindsay D. Baird, Esquire STATE OF PENNSYLVANIA Donald E. Sholly Todd A.,Sholly (SEAL) Michael L. Sholly ~1~l.MUIlU~~IM~~r~r-- - - AMY L. VOGEL T! NOTARY PUBLIC COMMONWEALTH OP VIRGINIA MY COMMISSION EXPIRES V:OV. 20, 2014 REGISTRATION#7317367 SS COUNTY OF CUMBERLAND On this, the day of , 2011, before me, a Notary Public, the undersigned officer, personally appeared Donald E. Sholly, (known to me/satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: I maintain my office in: Carlisle, Pennsylvania. (SEAL) STATE OF RHODE ISLAND SS COUNTY OF On this, the day of 2011, before me, a Notary Public, the undersigned officer, personally appeared Todd A. Sholly, (known to me/satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: I maintain my office in: ,Rhode Island. STATE OF VIRGINIA SS COUNTY OF ~ ~(~Gj~ ~ ~ ~ y: ~' 1 On this, the ~ ~--~ day of , 2011, before me, a Notary Public, the undersigned officer, personally appeared Michael L. holly, (known to me/satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public AMYL. VOG~I My commission expires: ~}~ ~ ~~~~ NOTARY PUBLIC MY COMM S8 ONEEXP RE6 ~V.120, 2014 I maintain my office in:\ , ti 1°c~ ~~~ ~ c1 , V Virginia. RFG~STRATION #7317367 ~~(,~ ~Tw.v~.g~+ . FAMILY SETTLEMENT AND FINAL RELEASE ESTATE OF CAROL A. SHOLLY, DECEASED KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Carol A. Sholly, late of 1 13 Amy Drive, Cazlisle, Cumberland County, PA, deceased, died testate on June 17, 2010, having first made her last will and testament, which was duly executed on May 5, 2009, and was duly recorded in Cumberland County, Pennsylvania, on July 14, 2010; WHEREAS, the said Cazol A. Sholly by the aforesaid last will and testament, named Donald E. Sholly as Executor of said last will and testament; WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Executor, hearinafter called personal representative; WHEREAS, the said personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal property, to a total value of $71,539.80, as set forth in Exhibit A, which is a copy of the Inheritance Tax Return by the said personal representative, and which is attached hereto and made a part hereof, and marked Exhibit A; WHEREAS, the debts and the deductions, including the payment of inheritance tax in the said estate, amount to $11,908.59, leaving a balance for distribution of $59,631.21, also as set forth in the Inheritance Tax Return, which is attached hereto and marked Exhibit A; WHEREAS, the balance for distribution as shown in the said statement marked Exhibit A has been reduced to cash and has been distributed as herein indicated in accordance with the terms of the last will and testament of the said decedent; NOW, THEREFORE, KNOW YE, that we, Donald E. Sholly, Todd A. Sholly and Michael L. Sholly, being all of the children of the said decedent and heirs under the last will and testament of the said decedent and being those persons entitled to inherit under said last will and testament, do hereby, each of us, acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequest, and devises as are given, devised and bequeathed to each of us respectively by the said last will and testament, which amounts we have received this day, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit A; AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effort as if they had been filed and confirmed by the Orphans Court Division of the Court of Common Pleas, Cumberland County Branch. THEREFORE, we and each of us do hereby remise, release, quitclaim and forever discharge the said personal representative, three heirs, executor, and administrator and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we and each of us do hereby covenant and agree with each other and the aforesaid personal representative that we will contribute pro rata our share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, we have hereunto set our hands and seals this / day of July, 2011. Witness: Lin ay D. Baird, Esquire (SEAL) Donald E. Sholly '~ (SEAL) Todd A. Sholly (SEAL) STATE OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Michael L. Sholly On this, the day of , 2011, before me, a Notary Public, the undersigned officer, personally appeared Donald E. Sholly, (known to me/satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: I maintain my office in: Carlisle, Pennsylvania. STATE OF RHODE ISLAND SS COUNTY OF : On this, the ~ day of 2011, before me, a Notary Public, the undersigned officer, personally appeared dd holly, (known to me/satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereur o set my hand and official seal. Notary Public My commission expires: ~~-a ~ -- q7 (~~ I maintain my office i ,Rhode Island. STATE OF VIRGINIA SS COUNTY OF On this, the day of 2011, before me, a Notary Public, the undersigned officer, personally appeared Michael L. Sholly, (known to me/satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: I maintain my office in: Virginia.