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HomeMy WebLinkAbout03-12-12 r-.f r~ IN THE MATTER OF THE ~„ _ ~ c,: ~ -- n~ r°~ r `` .=~~ c~ ESTATE OF ,~ ~ r:, Y~ ~ ZEKERIJAH LJUCA a/k/a AEKERIJAH LJUCA, deceased ~~ ~ ~, ~ } REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANI~E'~ File No. 21-10-0681 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of March 2012, WITNESSETH: THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Zekerijah Ljuca a/k/a Aekerijah Ljuca (the "Decedent") died intestate on April 12, 2010.On July 7, 2010, the Register of Wills of Cumberland County, Pennsylvania, granted Letters of Administration to Jasmina Ljuca as Administratrx of the Estate of Zekerijah a/lcfa Aekerijah Ljuca, deceased (thee "Administratrx"). 2. Eldin Ljuca, Eldina Tandir, and Jasmina Ljuca (the Beneficiaries") desire the Administratrx 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 Administratrix and to indemnify her against any and all claims that may be asserted against the Estate or the Administratrix after the date hereof. 5. The Administratrix is willing to settle the Estate informally in cansideration 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 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 do hereby waive the filing and auditing of the same. 4. Accept the Account, examined or not, as if the 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 Intestate Law, and acknowledge that they have received their respective shares. 6. Release, remise, quitclaim and forever discharge the Administrator, her heirs, personal representatives, successors and assigns, from and against all claims that he or she, as an intestate heir had, now has, 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 Administrator, or by the Court, or by any court of competent jurisdiction to have been improperly made. 8. Agree to indemnify and hold harmless he Administrator, 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 Administrator) that may hereafter be asserted against the Estate or against the Administrator. 9. Consents to the Court exercising personal jurisdiction over them or any of them in any suit or action arising out of the enforcement. of this Agreement. IN WITNESS WHEREOF,. and intending to be legally bound, the Beneficiaries have placed their hands and seals on the attached Consent to this Estate Settlement Agreement. Ezhibit A ESTATE OF ZEKERIJAH LJUCA a/k/a AEKERIJAH LJUCA deceased ASSETS 1. M & T Bank Account No.: 9850596348 $3,837.$9 2. Personal Injury litigation proceeds 73,558.88 TOTAL $77,396.77 Ezhibit B ESTATE OF ZEKERIJAH LJUCA a/k/a AEKERIJAH LJUCA, deceased Total Debts and Costs Paid L Islamic Funeral Services -Brooklyn, NY $10,000.00 2. Miscellaneous Funeral Expenses in Bosnia 2,067.80 3. Bank of America -Credit Card 2,334.97 4. Chase -Credit Card 1,000.00 5. JASA Travel -Air fare for wife and children to Bosnia For funeral 3,460.08 TOTAL $18,862.85 EXHIBIT C ESTATE OF ZEKERIJAH LJUCA a/Wa AEICEItIJAH LJUCA, deceased Distributions to Beneficiaries 1. Eldin Ljuca $7,133.48 2. Eldina Tandir 7,133.48 2. Jasmina Ljuca 44,266.96 TOTAL ASSETS DISTRIBUTED $58,533.92 CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Jasmina Ljuca, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Zekerijah Ljuca a/k/a Aekerijah Ljuca, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date mina Ljuca, Admi ' traix and as an intestate heir COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . ss: On this, the G ~ day of February 2012, before me, the undersigned officer, personally appeared Jasmina Ljuca, 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. COMMONWEA ii ~FANtA Notarial al Riley D. Notz, Notary Public Silver Spring TWp., Cumberland Cour-tY Notary Public My Commission Expos Oct.1i3, m14 - - Member. PPnnortvani~ A.FSecia*.~cn ~' ~!~~~ CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Eldin Ljuca, hereby eonsentto and joins in the Estate Settlement Agreement relating to the Estate of ZekerijahLjuca a/k/a Aekerijah Ljuca, deceased, a copy ofwhich Estate SettlementAgree- ment has been provided to me. 6 ~~ , Date Eldin Ljuca COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . ss: On this, the ~-C ~ day of February 2012, before me, the undersigned officer, personally appeazed Eldin Ljuca, 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. 1N WITNESS WHEREOF, I hereunder set my hand. and official seal. COMMONWEALTH OF PENNSY Notarial Sai .Riley Q. Notz, NotaN Public SNver Sprirp Tvrp., ~mbeilend 4funty Commi~fon oct. 14 Notary Publi Member. Penr~AvaMr A9sedagon d Notables .• CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Eldina Tandir, hereby consent to and joins in the Estate Settlement Agreement relating to COUNTY OF CUMBERLAND Eldina Tandir . ss: On this, the (p ~ day of February 2012, before me, the undersigned officer, the Estate of Zekerijah Ljuca a/k/a Aekerijah Ljuca, deceased, a copy of which Estate Settlement Agreement has been provided to me. a2 - 6- / ~ Date COMMONWEALTH OF PENNSYLVANIA personally appeared Eldina Tandir, 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, COMMONWEALYM OF ~~ ' 1iAWFA IVotsrlal Seal Riley D. Notz, Notary Public Sliver Spring Twp., Cumberiand CauMY My Commission Expires Oct. i8 2014 Notary bli Member. Pemn~rh~anlr 4esn[latlotl Of Notaries