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Home My WebLink About10-25-11IN THE MATTER OF THE ESTATE OF RONALD G. GETTEL, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PF,NNSYLVANIA File No. 21-09-0529 r~ -,~ -- _? ti FAMILY SETTLEMENT AGREEMENT~_ ' ~ J ..., ___... r ~ THIS AGREEMENT, made this 21st day of October 2011, ~~ ~ ~ -~ 1 _ ~ ._ .. I -ra WITNESSETH: THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: I . Ronald G. Gettel (the "Decedent")died intestate on May 28, 2009.On July 29.2009, the Register of Wills of Cumberland County, Pennsylvania, granted Letters of Administration to Janie S. Hornung now known as Janie S. Gettel, as Administratrix of the Estate of Ronald G. Gettel, deceased (the ``Administratrix"). ?. Jonathan M. Gettel (the Beneficiary") desires the Administratrix 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"). ~• The Beneficiary desires to forever settle and compromise any and all claims and rights which he may possess, now or hereafter, in the Estate and to confirm his 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 his rights in the Estate. 4. "The Beneficiary wishes to release the Administratrix and to indemnify her against any and all claims that may be asserted against the Estate or the Administratrix after the date hereof. The Administratrix is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiary. NOW, THERF,FORE, in consideration of the foregoing and intending to be legally bound, the Beneficiary, for himself, his heirs, personal representatives, successors and assigns: Represents and warrants that he has read and understands this Agreement and confirms that the facts set forth above are true and correct, to the best of his knowledge, information, and belief. 2. Acknowledges receipt of a copy of the Account. Declares that he has had the opportunity to review the Account and based upon an examination (or on his decision not to make such an examination), he is satisfied he has sufficient information to make an informed waiver of his 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 his respective entitlements under the Will, and acknowledges that he has received his respective share. 6. Releases, remises, quitclaims and forever discharges the Administratrix, her heirs, personal representatives, successors and assigns, from and against all claims that he, as a residuary legatee and heir had, now has, or may in the future have, in connection with the Estate. Agrees to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Administratrx, or by the Court, orby any court of competent jurisdiction to have been improperly made. 8. Agrees to indemnify and hold harmless the Administratrix, her 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 Administratrix) that may hereafter be asserted against the Estate or against the Administratrix. 9• Consents to the Court exercising personal jurisdiction over him 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 his hand and seal nn the attached Consent to this Estate Settlement Agreement. CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Jonathan M. Gettel, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Ronald G. Gettel, deceased, a copy of which Estate Settlement Agreement has been provided to me. ~_ ~ ~ ~ Date J athan M. Gettel COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this. the 21st day of October 201 1, before me, the undersigned officer, personally appeared Jonathan M. Gettel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. _ ~ / ~~ Not ry Public COMMONWEALTH OF PENNS_ YLVANIA Notarial Sea4 Krista J Gtr2:riNo Notary rubtit. Lower Paxton, 'iwp.. dauphin i:.ounty My Commission Expires March 9, 2013 Member, Pennsylvania Aaeociation of Notaries CONSENT TO FAMILY SETTLEMENT AGREEMENT 1, ,Janie S. Gettel, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Ronald G. Gettel, deceased, a copy of which Estate Settlement Agreement has been provided to me. l~-~ai- e Date Jani S. Gettel, Administratrix COMMONWF,ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the 21st day of October 2011, before me, the undersigned officer, personally ~ appeared Janie S. Gettel, 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. ary Public COMM~jH F P- ENNSYI'VANtA Notarial Seal Publ'~c Krista J. Cozzillio, Notary Lower Paxton Twp., Dauphin County My Commission Expires March 9, 2013 Member, Pennsylvania Association of Notaries Exhibit A ESTATE OF RONALD G. GETTEL, deceased ASSETS 3 4 5 6. 7. 8. 9. Real Estate -net proceeds $5 077 28 91 Independence Drive, Shippensburg, PA , . BNY Mellon Shareowner Services Service Charge Refund $ 15 BNY Mellon Shareowner Services $ 59 Dividend Check . Escrow Refund $211.06 Pennsylvania Department of Revenue Personal Income Tax Refund $76.00 Prudential $38 28 Prudential -Death Claim $53,752.19 Prudential -Death Claim $21,191.35 United States Department of Treasury IRS Refund $78.00 TOTAL $80,424.90 Exhibit B ESTATE OF RONALD G. GETTEL, deceased Total Debts and Costs Paid 1 • Fogelsanger-Bricker Funeral Home, Inc. $12,383.84 2. Register of Wills, Cumberland County (Probate) $299.00 4. Register of Wills, Agent -Inheritance Tax $990.72 5. Register of Wills, Cumberland County $30.00 Filing Fee, Inheritance Tax and Inventory 6. Register of Wills, Cumberland County $50.00 Additional Probate Fee 7. Register of Wills, Cumberland County $20.00 Filing Fee: Family Settlement Agreement 8. The Patriot News-Estate Legal Advertisement $249.57 9. Cumberland Law Journal-Estate Legal Advertisement $75.00 10. 2009 Real Estate Taxes $249.81 91 Independence Drive, Shippensburg, PA 11. 2009 Statement of Personal Taxes $10.75 12. Adams Electric Cooperative, Inc. $595.56 Account No.: 2096740801 13. AT & T Wi-Fi Services $42.89 Account No.: 464006894188 14. Bank of America $14 850.05 Account No.: 74974999785469 , 15. Borough of Shippensburg $189.26 Account No.: 30003007-0 16. Chase Credit Card $1,870.03 Account No.: 4309 17. Cumberland Franklin Joint Municipal Authority $180.00 Account No. 02238 18. Dish Network $32.40 19. 1/mbarq -Account No. 717-530-3194-621 $205.84 20. Gift & Associates, LLC - 2009 Individual Tax Preparation $230.00 21. Hilton-Diminick Orthodontic Associates, PC $874.25 Jonathan M. Gettel 22. Janie Gettel -Loan to Estate $20,169.83 23. John A. Franklin, Jr., D.M.D. -Doctor Bill $69.00 24. Johnson Duffle -Legal Services $875.00 25. K-Mart -Keys to property for realtor $4.86 26. Lawn Care $250.00 91 Independence Drive, Shippensburg, PA 27. M & T Bank FIA Card Services $ i 0,029.81 Account No.: 4264-5140-1213-7157 28. M & T VISA Card $2 526.61 Account No.: 12044425709946001 , 29. Repairs to Decedent's residence and supplies for same $877.85 30. Sandy Box -Packing household items for donation and $500.00 Cleaning house 31. Shively Motors -Auto Repair $146?8 32. Snow Removal $450.00 91 Independence Drive, Shippensburg, PA 33. Southampton Township -Cumberland County $ l 41.45 Trash Removal - 91 Independence Drive, Shippensburg , PA 34. Terry L. Shetter, Auctioneer $877.90 35. Thomas Automotive $1,497.58 36 37 38 39 Tony Frohm -Painter, Rubbish Hauling, Handyman $1,000.00 tI S Bank --Harley Davidson High Performance VISA $6,516.32 Wayne M. Pecht, Esquire -Costs Advanced $47.00 Wayne M. Pecht, Esquire -Attorney's Fees $8,500.00 TOTAL X87,908.46 EXHIBIT C Distribution by the Estate of RONALD G. GETTEL, deceased Distributions to Beneficiaries Jonathan M. Gettel $0.00 TOTAL ASSETS DISTRIBUTED $0.00