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HomeMy WebLinkAbout01-05-12~ ,s IN THE MATTER OF THE ESTATE OF EDITH C. ZOOK A/K/A EDITH MAY ZOOK, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-08-0802 ~~ FAMILY SETTLEMENT AGREEMENT c~ Q 3 ~ --,-, . { yF.. ~^ ^~.. THIS AGREEMENT, made this ~~1~day of December 2011, ~~ ~ ci- ~ ` " ~ry . ~ O {_ ,, `~~ o --r- WITNESSETH: ~--r ~~', ~_ THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Edith C. Zook (the "Decedent") died intestate on Octoberl9, 2007. On August 1, 2008, the Register of Wills of Cumberland County, Pennsylvania, granted Letters ofAdministration to Robert D. Zook, as Administrator of the Estate of Edith C. Zook a/k/a Edith May Zook, deceased (the "Administrator"). 2. Robert D. Zook, Debra Z. Von Enck and Denise Dahlberg (the Beneficiaries") desire the Administrator 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 Beneficiaries desires to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of the Informal Account (the "Account") which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Beneficiaries desires that the terms of the Account be in full satisfaction of their rights in the Estate. 4. The Beneficiaries wishes to release the Administrator and to indemnify him against any and all claims that maybe asserted against the Estate or the Administrator after the date hereof. S. .The Administrator 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 Beneficiaries, for themselves, their heirs, personal representatives, successors and assigns: 1. Represents and warrants that they have read and understands this Agreement and confirms that the facts set forth above are true and correct, to the best of their knowledge, information, and belief. 2. Acknowledges receipt of a copy of the Account. 3. Declares that they have had the opportunity to review the Account and based upon an examination (or on his or her decision not to make such an examination), they are satisfied they have sufficient information to make an .informed waiver of their 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 their respective entitlements under the Will, and acknowledges that they have received their respective share. 6. Releases, remises, quitclaims and forever discharges the Administrator, their heirs, personal representatives, successors and assigns, from and against all claims that he or she, as a residuary legatee and heir had, now has, or may in the future have, in connection with the Estate. CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Denise Z. Dahlberg, hereby consents to and joins in the Estate Settlement Agreement relating to the Estate of Edith C. Zook a/k/a Edith May Zook, deceased, a copy of which Estate Settlement Agreement has been provided to me. ~ ~ ~~~~~+~ ~o /~ Date Denise Z. D erg STATE OF NEW HAMPSHIRE . ss: COUNTY OF GRAFTON On this, the o7 ~ day of December 2011, before me, the undersigned officer, personally appeared Denise Z. Dahlberg, 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. I Notary Public SUE GIROUARD, Notary Public-New Hampshire My Commission Expires September 9, 2014 CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Debra Z. VonEnck, hereby consents to and joins in the Estate Settlement Agreement relating to the Estate of Edith C. Zook a/k/a Edith May Zook, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date Debra Z. Von Enck STATE OF OHIO . ss: COUNTY OF CUYAHOGA On this, the ~~ day of December 2011, before me, the undersigned officer, personally appeared Debra Z. Von Enck, 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. Notary Publie ~e ~~~Se~-~t ~. rv~ay ~q,aol~ jr: .~ ~,. ~:. ~~ t.. ~. ~.~ Exhibit A ESTATE OF EDITH C. ZOOK a/k/a EDITH MAY ZOOK, deceased ASSETS 1. Department of Veterans Affairs $14,356.82 TOTAL $14,356.82 ',~. .: Exhibit B ESTATE OF EDITH C. ZOOK /a/k/a EDITH MAY ZOOK, deceased Total Debts and Costs Paid 1. Hetrick Funeral Home $4,537.90 2. Register of Wills, Cumberland County (Probate) $124.00 3. Register of Wills, Lancaster County -Commission $20.00 4. Register of Wills, Cumberland County $30.00 Filing Fee, Inheritance Tax and Inventory 5. Cumberland Law Journal-Estate Legal Advertisement $75.00 6. The Sentinel -Estate Legal Advertisement. 118.72 7. Register of Wills, Cumberland County $20.00 Filing Fee: Family Settlement Agreement 8. Robert Zook -Fellowship following funeral $297.00 9. Pennsylvania Department of Public Welfare $104,279.75 10. Wayne M. Pecht, Esquire -Attorney's Fees $2,500.00 11. Pharmerica -Medication $124.49 12. Sollenberg Colon and Rectal Surgery -Medical Bill $30.34 TOTAL $112,157.20 ., .r ~. EXHIBIT C Distribution by the Estate of EDITH C. ZOOK a/k/a EDITH MAY ZOOK, deceased Distributions to Beneficiaries 1. Robert D. Zook $0.00 2. Debra Z. VonEnck $0.00 3. Denise Dahlberg $0.00 TOTAL ASSETS DISTRIBUTED X0.00 ,. PECHT ~ A~950CIA3'E~ PC Suite 8©D 18115. ~andt' Driue 11~echan~csburg,.PA 1 X455 Wayne ~L ~~'echt T'ephones 9'1aIF~:~~~ Jteyn6tr of Cat~l~ornia Brsr - ~''' aaC.' ~'~"f~~~~# GPAlLLMtn Ta~oadton WLt~tU.pGC;tE~C~U1.0'dN= Rob Bleecher _ January 4, 2012 .Glenda Fa~rz~er;i~traeb~-ugh, Register of Willa Cumberland Coi~tty courthouse 1 Cr~urtheu~ Sure Rte' . ,+rat~e of F.d ith C. Zook, deeea~d R~~ate Fide Na: 81-©8-~I'0$ I~e~r Ms. Strasbaugh; , Encl©sed fcn filing with your office are the a~rignal and three.{3) copies of the Estate ~ettlenaent e~nent ~itl~ regard to the above-referenced.. estate. Alin enclosed is a check payable to the Re~ret~~r of Wig in the amount of $2+0 to cover the filing fee for the same. ~~ea~~ a ..the ori~aal and return three date-stamped copies to -no:e in the ea~lc~ed sew a#~d~r9i9eed, etam~ed'enveloge. , If yow.ltave a~.~y .questions, Tease call me. Thank yon for your continuing cooperation. Very truly y+~rxra, 1"~C~fi-~ CIA'I'ES, P.C. .. w.:, -~ :,~. ~--- ~'~ Wa~*n.e 141. nt ~_, ~ ~-- ~ --, ~'.eI1C'i~fft9ut'B8 ~"~'~ CJ ;., `'s'~ .~ i } +1 O Cn ~'"~'^~ ~V ~:. ~ ~ ~ ` 7 b ' ~ _ .. ~" '~ o y Z' °~ ~ ate; Z'> ::~: ~ ~~ ~ ro 1~r ~ r~' ~~~ ~ ° ~ ~ n ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~ o ~ c ~ ~ 0 c~ ~~ a ', _z \ ti _~`~i # 000004207 ... o ~ ~ ~