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HomeMy WebLinkAbout10-07-11IN THE MATTER OF THE ESTATE OF JEAN D. CROOK, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-10-0404 ~~ ., ~ T FAMILY SETTLEMENT AGREEMENT ~ ~ c-~ ry !' ~ r` ~~ -- THIS AGREEMENT, made this S~t~ day of October 2011 - cn ~ ~~~-" ~" _. ~'" , ^• • ~ l WITNESSETH: ~:, THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: Jean D. Crook (the "Decedent") died intestate on Apri15, 2010.On April 16, 2010, the Register of Wills of Cumberland County, Pennsylvania, granted Letters TesU~mentary to William B. Crook, as Executor of the Estate of Jean D. Crook, deceased (the "Executor"). 2. Linda Jean Crook now known as Linda Jean Crook Saylor (the Beneficiary") desires the Executor to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"). 3. The Beneficiary desires to forever settle and compromise any and all. claims and rights which she may possess, now or hereafter, in the Estate and to confirm her acceptance of the Informal Account (the "Account") which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Beneficiary desires that the terms of the Account be in full satisfaction of her rights in the Estate. ~ro 4. The Beneficiary wishes to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate or the Executor after the date hereof. 5. The Executor is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiary, for herself, her heirs, personal representatives, successors and assigns: Represents and warrants that she has read and understands this Agreement and confirms that the facts set forth above are true and correct, to the best of her knowledge, information, and belief. ?. Acknowledges receipt of a copy of the Account. 3. Declares that she has had the opportunity to review the Account and based upon an examination (or on her decision not to make such an examination), she is satisfied she has sufficient information to make an informed waiver of her right to a formal accounting with the Court, and does hereby waive the filing and auditing of the same. 4• Accepts the Account, examined or not, as if the same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5 . Acknowledges that the distributive share or amount received shall be in full satisfaction of her respective entitlements under the Will, and acknowledges that she has received her respective share. 6. Releases, remises, quitclaims and forever discharges the Executor, his heirs, personal representatives, successors and assigns, from and against all claims that she, as residuary legatee and heir had, now has, or may in the future have, in connection with the Estate. 7. Agrees to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Executor, or by the Court, or by any court of competent jurisdiction to have been improperly made. 8. Agrees to indemnify and hold harmless the Executor, his heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. 9• Consents to the Court exercising personal jurisdiction over her in any suitor action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, and intending to be legally bound, the Beneficiary has placed her hand and seal on the attached Consent to this Estate Settlement Agreement. CONSENT TO FAMILY SETTLEMENT AGREEMENT I, William B. Crook, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Jean D. Crook, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date William B. Crook COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the "day of October 2011, before me, the undersigned officer, personally appeared William B. Crook, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. No y Public co~uoNV~n~rri of r~r~xrsnvaw; r+asAN spa! . K~eta 1. Co2ZiNip, r,~,ry paw Lowrrr P~ r,rp„ Dauphin Counly MY Cixnmis~ipt Mnrch 8, 2013 WMmWr, PMnayry~,yapgaUOn or'~ife- CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Linda Jean Crook now known as Linda Jean Crook Saylor, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Jean D. Crook, deceased, a copy of which Estate Settlement Agreement has been provided to me. ry-5- zorr Date Linda Jean C ok Linda Jean C ok Saylor COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the ~~ day of October 2011, before me, the undersigned officer, personally appeared Linda Jean Crook now known as Linda Jean Crook Saylor, known tome (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same in the capacities and for the purposes therein contained. IN WI"INESS WHEREOF, I hereunder set my hand and official seal. Public ~~ntrH of ~~snvnnw Notarial SNI Kryta J. CoZZglio,NpyrY Public Lower vazlox iwp., ~PIMa Caumy lMy Commr~ y~h p 2U79 Member, Penyyty~ of Nome Exhibit A ESTATE OF JEAN D. CROOK, deceased ASSETS 1. BKNY Mellon -1936 Shares $60,984.00 2. BKNY Mellon Dividend $174.24 3. Interest on CD $619.72 4. MEDCO Rx Refund $7.71 TOTAL $61,785.67 Exhibit B ESTATE OF JEAN D. CROOK, deceased Total Debts and Costs Paid 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12, 13. 14. 15. 16. 17. 18. Malpezzi Funeral Home $11,325.72 Malpezzi Funeral Home -Grave Opening $750.00 Gingrich Memorials -Grave Mazker $540.00 Reverand Norman Evans -Funeral Service $150.00 Royer's Flowers -Casket Spray $185.50 Kathryn Wiley -Fellowship following funeral $174.12 Pecht & Associates, PC $5,000.00 Register of Wills, Cumberland County (Probate) $327.50 Register of Wills, Agent -Inheritance Tax $3889.02 Register of Wills, Cumberland County $30.00 Filing Fee, Inheritance Tax and Inventory Register of Wills, Cumberland County $20.00 Filing Fee: Family Settlement Agreement The Patriot News-Estate Legal Advertisement $249.57 Cumberland Law Journal-Estate Legal Advertisement $75.00 Alert Pharmacy $103.85 Gannett Fleming, Inc. -Health Insurance $1,086.24 Holy Spirit Hospital $50.00 Messiah Village, Mechanicsburg, PA $17,841.64 PA Neurological Associates $15.00 TOTAL $41,81.it.16 Exhibit C Accounting for distribution by the Estate of Jean D. Crook, deceased Distribution to Beneficiary 1. Linda Jean Crook Saylor-1936 BKNY Mellon shares $60,984 TOTAL ASSETS DISTRIBUTED X60, 984 BK1VY Mellon shares were distributed in-kind and beneficiaries funded the balances of the estate expenses.