HomeMy WebLinkAbout02-21-12
IN THE MATTER OF THE ~~ rn ~ %'
ESTATE OF DAVID A. WALKER, ~ cv n ~,
DECEASED ~ C" ~ ~ "~' ~"`
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REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENN ~ ANI~ ++
File No. 21-09-0607 ~•a `"
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FAMILY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 15th day of February 2012,
WITNESSETH:
THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows:
1. David A. Walker (the "Decedent")died intestate on June 12, 2009.On June 29, 2009,
the Register of Wills of Cumberland County, Pennsylvania, granted Letters of Administration to
Kathleen E. Strong, as Administratrx of the Estate of David A. Walker, deceased (the
"Administratrx").
2. Gail W. Walker, the sole intestate beneficiary (the "Beneficiary"), desires 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 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.
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 Adrninistratrix after the date hereof.
5. The Administratrix is willing to settle the Estate informally in consideration of the
indemnifications hereinafter provided by the Beneficiary.
NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound,
the Beneficiary, for herself, her heirs, personal representatives, successors and assigns:
1. 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.
2. 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 Administratrix, her
heirs, personal representatives, successors and assigns, from and against all
claims that she, as a 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 Administratrx, or by the Court, or by 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 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, Kathleen E. Strong, hereby consent to and join in the Estate Settlement Agreement relating
to the Estate of David A. Walker, deceased, a copy of which Estate Settlement Agreement has been
provided to me.
~ ~ ~-1 ~ a
Date
Ka een E. Strong, Administratrix
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BLAIR
. ss:
On this, the ~~~' day of February 2012, before me, the undersigned officer, personally
appeazed Kathleen E. Strong, 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 Pu lic
C:Of~fi~ONWEALTH OF PENNSYLVANIA
Notarial Seal
Misti K. Grenz, Notary Publk
Logan Twp., Blair County
M Commission Expires Sept 23, 2013
Mortiber, Pennsylvania Assodatlon of Notaries
CONSENT TO FAMILY SETTLEMENT AGREEMENT
I, Gail W. Walker, hereby consent to and join in the Estate Settlement Agreement relating to
the Estate of David A. Walker, deceased, a copy of which Estate Settlement Agreement has been
provided to me.
~ ! ~ ~
Date
Gail W. Walker
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BLAIR
. ss:
On this, the I ~~ day of February 2012, before me, the undersigned officer,
personally appeared Gail W. Walker, 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 P lic
coiwMONw TI+oF PENNSnvarw
NOTARIAL SEAL
Carolyn S. Elder, Notary Rubiic
City of Altoona, Blair County
My Commission Expires qct 2S, X013
I~Ntnblt,_PMM~Iv1~-~ At~od~don of
Ezhibit A
ESTATE OF DAVID A. WALKER, deceased
ASSETS
1. Vanguard -Total Bond Mazket
2. Vanguazd -Selected Value Fund
3. Vanguazd Beneficiazy IRA - Wellesely Income Fund
4. Allstate Policy No. 077 883 995 -refund
S. Comcast -refund
6. Wachovia Custom Business Checking
$ 6,532.12
2,576.14
$76,121.35
$ .20.00
$ 11.42
$ 7,628.85
TOTAL $92,889.88
Ezbibit B
ESTATE OF DAVID A. WALKER, deceased
Total Debts and Costs Paid
1. Myers Funeral Home, Inc. $ 2,583.00
2. Register of Wills, Cumberland County (Probate) 80.00
3. Register of Wills, Cumberland County (Additional Probate) 180.00
4. Register of Wills, Agent -Inheritance Tax 2,579.41
5. Register of Wills, Cumberland County 30.00
Filing Fee, Inheritance Tax and Inventory
6. Register of Wills, Cumberland County 20.00
Filing Fee: Family Settlement Agreement
7. .The Patriot News-Estate Legal Advertisement 235.86
8. Cumberland Law Journal-Estate Legal Advertisement 75.00
9. Andrews & Patel, PC -Medical Services 160.00
10. Bank of America - Proof of Claim 553.02
11. CBCS for PPL Electric Utilities -Utility Service 104.81
12. Center for Kidney Disease -Medical Services 5.00
13. DCM Services 445.30
14. Kantor & Tkatch & Associates- Medical Services 1,118.00
15. Moffitt Heart Group -Medical Services 460.00
16. Quantum Imaging -Medical Services 7,446.00
17. RMS Vonage -Utility Service 98.45
18. Spirit Physician Services -Medical Services 422.00
19. Urology of Central Pennsylvania 142.00
20. Verizon Wireless -Utility Service
21. West Shore Pathology -Medical Services
22. Kathy Strong, Administratrix - 2010 Postage and copies
23. Kathy Strong, Administratrix - 2011 Postage and copies
24. Kathy Strong, Administratrix -Representative's Commission
24. Wayne M. Pecht, Attorney's Fees
21.17
1,570.00
69.48
33.90
10,000.00
11,000.00
TOTAL $39,432.40
EXHIBIT C
Distribution by the Estate of DAVID A. WALKER, deceased
Distributions to Beneficiaries
1. Gail W. Walker $53,457.48
TOTAL ASSETS DISTRIBUTED $53,457.48