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HomeMy WebLinkAbout01-26-12s IN THE MATTER OF THE ESTATE OF MINNIE K. PETERSON, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-07-1109 cn FAMILY SETTLEMENT AGREEMENT ~ p ,,;, ~ _ .~ ~ ~~~ a ,, , T1~IS AGREEMENT, made this ~~ day of January 2012, ~~ x a~ ~_~- WITNESSETH: r-°.-y' ~ <J ` ~ , o~ THE CIRCUMSTANCES leading up to the execution of this Agreement are as foll ows: 1. Minnie K. Peterson (the "Decedent") died testate on September 13, 2007. On December 6, 2007, the Register of Wills of Cumberland County, Pennsylvania, granted Letters Testamentary to Linda K. Klinger as Executrix of the Estate of Minnie K. Peterson, deceased (the "Executrix"). 2. Lisa A. Hauenstein and Linda L. Klinger (the Beneficiaries") desire the Executrix 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 desire 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 desire that the terms of the Account be in full satisfaction of their rights in the Estate. 4. The Beneficiaries wish to release the Executrix and to indemnify her against any and all claims that may be asserted against the Estate or the Executrix after the date hereof. 5. The Executrix 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. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct, to the best of their knowledge, information, and belief. 2. Acknowledge receipt of a copy of the Account. 3. Declare that they have had the opportunity to review the Account and based upon an examination (or on their 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 do hereby waive the filing and auditing of the same. 4. Accept the Account, examined or not, as ifthe same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5 . Acknowledge that the distributive share or amount received shall be in full satisfaction of their respective entitlements under the Will, and acknowledge that they have received their respective shares. 6. Release, remise, quitclaim and forever discharge the Executrix, her heirs, personal representatives, successors and assigns, from and against all claims that they, as residuary legatees and heirs had, now have, or may in the future have, in connection with the Estate. 7. Agree to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Executrix, or by the Court, or by any court of competent jurisdiction to have been improperly made. 8. Agree to indemnify and hold harmless the Executrix, 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 Executrix) that may hereafter be asserted against the Estate or against the F,xecutrix. 9. Consent to the Court exercising personal jurisdiction over them in any suitor action arising out of the enforcement of this Agreement. IN WI"I'NESS WHEREOF, and intending to be legally bound, the Beneficiaries have placed their hands and seals on the attached Consent to this Estate Settlement Agreement. CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Lisa A. Hauenstein, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Minnie K. Peterson, deceased, a copy of which Estate Settlement Agreement has been provided to me. ,QhU1Cir ~-~~ ~ ~~ I a Date ~~ ~ . ~ a ~~ Lisa A. Hauenstein COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the \ ~_ day of January 2012, before me, the undersigned officer, personally appeared Lisa A. Hauenstein, 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. ~~~ ~. ~~~ C.1~ Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEA[. CANDACE E. MECK, Notary Public Susquehanna Twp.: Dauphin County ~Ry Commission Expires July 10.2013 CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Linda L. Klinger, hereby consent to and j oin in the Estate Settlement Agreement relating to the Estate of Minnie K. Peterson, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date Linda L. Klinger, Executrix and as Beneficiary COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the ~(~ day of January 2012, before me, the undersigned officer, personally appeared Linda L. Klinger, 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. ~~~ ~. ~~~ cad Notary Public COMMONWEALTH OF NENNSYLVANIA NOTARIAL SEAL CANDACE E. MECK, Notary Public Susquehanna7wp. Dauphin County M~ Comrrrissi©n E~ ire July i 0, 2013 Exhibit A ESTATE OF MINNIE K. PETERSON, deceased ASSETS 1. Member's First Federal Credit Union 2. 2006 Ford Escape-Proceeds of Sale 3. American Health and Life Insurance Company Death benefit 4. State Farm Mutual Automobile Insurance Company Hospital Income Benefit 5. State Farm Mutual Automobile Insurance Company Refund of hospital income policy 6. Social Security Death Benef t for Linda Klinger 7. Social Security Death Benefit for Lisa A. Hauenstein $1,554.11 12,000.00 2,525.40 3,700.00 48.73 174.50 174.50 TOTAL $20,200.04 Exhibit B ESTATE OF MINNIE K. PETERSON ,deceased Total Debts and Costs Paid 1. Neill Funeral Home, Inc. $2,400.16 2. Ele-Lquent Flowers 220.00 3. Linda Klinger, Reimbursement -Deposit to Funeral Home 1,039.00 and Newspaper advertisement for decedent's automobile 4. Register of Wills, Cumberland County 20.00 Filing Fee: Family Settlement Agreement 5. Wayne M. Pecht, Esquire -Attorney's Fees 250.00 6. Lisa Havenstein -Reimbursement SS Death Benefit 174.50 7. Linda Klinger -Reimbursement SS Death Benefit 174.50 8. Linda Klinger -Executrix Commission 1,000.00 9. Pecht & Associates, PC 193.72 Reimbursement of Legal Advertisement Fees 10. Estate Account Checks 11.04 TOTAL $5,482.88 EXHIBIT C Distribution by the Estate of Minnie K. Peterson, deceased Distributions to Beneficiaries Linda K. Klinger $7,358.58 2. Lisa A. Hauenstein $7,358.58 TOTAL ASSETS DISTRIBUTED $14, 717.16