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HomeMy WebLinkAbout05-02-12 (2)ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY n ~ti -~-, Estate of Allen Lee Weikel, ~ p ._,_ Y? -. , Deceased No. 2010-00548 ~ ~ c~ . ~ m ~ -- -- FAMILY SETTLEMENT AND FINAL RELEASE >> r % ~" -' `' FOR THE ~ ~ s,_, :`_ :' ESTATE OF ALLEN LEE WEIKEL DECEASED ~ -1 4-,' ~,} `~ KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Allen Lee Weikel, late of Camp Hill, Cumberland County, Pennsylvania, deceased, died testate on May 23, 20101eaving a Last Will and Testament date February 3, 2004 which was duly probated and Letters of Testamentary were filed in the Cumberland County, Register of Wills Office at File Number 2010-00548; WHEREAS, the said Peggy Floyd was appointed Personal Representative of the Estate; WHEREAS, the Personal Representative has gathered the assets of the estate of the decedent and the assets consist of personal property including real estate, stocks, mutual funds, bonds and tangible personal property; WHEREAS, the debts and deductions, including the payment of inheritance tax on the said estate have been accounted for by the Personal Representative with all of said debts having been paid from the estate assets by the Personal Representative; WHEREAS, in accordance with the Last Will and Testament, all tangible person property goes to daughter, Peggy A. Floyd, and the balance/residue of the estate shall pass as follows: 50% to Peggy Floyd, 25% to Justin Snow and 25% to Jennifer O'Shea; WHEREAS, the parties hereto agree that the estate assets have been distributed as set forth in the Schedule of Distribution, a copy of which is attached hereto as Exhibit "A" and made a part hereof, including distribution of all legacies and devises as therein set forth. Without intending to limit the rights or remedies of the Personal Representative the parties further agree to indemnify the Personal Representative and save her harmless against all liability, loss, and expenses, including, but not limited to, costs and counsel fees which she may incur, whether due to her negligence or otherwise, as a result of making the above described distributions without a court audit; NOW, THEREFORE, we, Peggy A. Floyd, Justin A. Snow and Jennifer L. O'Shea, being the beneficiaries of the said decedent, and being those persons entitled to inherit under said Last Will and Testament, do hereby each of us, acknowledge that we have received from the aforesaid Personal Representative, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to each of us respectively by the said Last Will and Testament, the amounts and property due us under said Last Will and Testament, which amounts we have received, and which amounts are in the amount set opposite our respective names in the table and schedule of distribution in said statement attached hereto and marked Exhibit "A"; AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas, Cumberland County, Pennsylvania. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said Personal Representative, heirs, Personal Representative's and administrators and assigns, of and form the said estate and from all actions, suits, payments, accounts, reckoning, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause, or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, we and each of us do hereby covenant and agree with each other and the aforesaid Personal Representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid Personal Representative after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. This Family Settlement Agreement and Final Release may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all such counterparts together shall constitute but one Agreement IN WITNESS WHEREOF we have hereunto set our hands and seals this day of !~ ~ , 2012. WITNESS: BENEFICIARY'S (SEAL) P A. Floyd . (SEAL) Justin A. Snow -- "'~ ~ . Jenni L. O'Shea COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ou/ ~ti On this, the day of , 2012, before me, a Notary Public, the undersigned officer, personally appeared Peggy A. Floyd, 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 for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANL4 Notarial Seai Mark O'Shea, Notary Public Swatara Twp., Dauphin County My Commission Expires Feb. 1, 2014 Member, Pennsylvania Association of Notaries t~ Notary Public COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~U~~ /~~ n~ On this, the ~ day of /~"/~ , 2012, before me, a Notary Public, the undersigned officer, personally appeared Jennifer L. O'Shea, 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 for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -~.. COMMONWEALTH OF PENNSYLVANIA Notary Pub ~ Notarial Seal Mark O'Shea, Notary '~ubiic Swatara Twp., DaupYiin County My Commission Expires Feb. 1, 2014 Member, t~ennsy4vania ~.s°rcxiatian of Notaries ~, C:J'~ ^~ J ~'1W ICY I s1`~r~ of ~ ei1 n 5 ~ ~ ~ ~ c.~ ss. COUNTY OF I ~~ ~1 ~h On this, the '7 day of , 2012, before me, a Notary Public, the undersigned officer, personally appeared Justin A. Snow, 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 for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,~ _~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mark O'Shea, Notary Public Swatara Twp., Dauph^n County My_Commission Expires Feb. 1, 2014 Member, f'ennsvl %an+a Association of Notaries .~ Exhibit "A" SCHEDULE OF DISTRIBUTIONS Peggy A. Floyd - $43,923.50 (Distribution of Securities) - $80,000 (Equity in house) Justin A. Snow - $21,961.75 (Distribution of securities) - $40,000 (Cash Distribution 11/7/2010, equity in house) Jennifer O'Shea - $21,961.75 (Distribution of securities) - $40,000 (Equity in house: $190,000 appraised value - $160,00 purchase price)