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HomeMy WebLinkAbout09-06-12IN THE MATTER OF THE ESTATE OF ESTHER M. STRYKER, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-11-1340 ~..~ ,rt. ~~, ~5~ e~ -ri ," ~ ESTATE SETTLEMENT AGREEMENT ~' ~ ~~ ~ __ j ~._. C,% ~ U'+ ~ ~ -, '~7 C7 C_ % _.~_~. o ~ - -.~ THIS AGREEMENT, made this 4th day of September 2012, ~ -~ ca .. r~ r~R~ WITNESSETH: THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Esther M. Stryker (the "Decedent") died testate on September 17, 2011. On December 16, 2011 the Register of Wills of Cumberland County, Pennsylvania, granted Letters Testamentary to Sharon L. Dayton as Executrix of the Estate of Esther M. Stryker, deceased (the "Executor"). 2. Sharon L. Dayton (the "Beneficiary") desires 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 Beneficiary 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 Infornlal 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 their rights in the Estate. r ,, : f`,~ ~. ~y~ _ .j; l„~ ~, h~ 4. The Beneficiary wishes 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 Beneficiary, for herself, her heirs, personal representatives, successors and assigns: l . Represent and warrant that she has read and understands this Agreement and confirm that the facts set forth above are true and. correct, to the best of her knowledge, information, and belief. ?. Acknowledge receipt of a copy of the Account. 3. Declare 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. 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 her respective entitlements under the Will, and acknowledge that she has received her respective share. 6. Release, remise, quitclaim and forever discharge the Executrix, her heirs, personal representatives, successors and assigns, from and against all claims that she, as residuary legatee and heir 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. g. 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 Executrix. 9. Consent to the Court exercising personal jurisdiction over them 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. Exhibit A ESTATE OF ESTHER M. STRYKER, deceased ASSETS Wells Fargo Account No. 1010261249999929 $6,516.55 TOTAL $6, SI S. SS Exhibit B ESTATE OF ESTHER M. STRYKER, deceased Total Debts and Costs Paid 1. Trexler Funeral Home $ 370.05 2. Register of Wills, Cumberland County (Probate) $ 96.50 4. Register of Wills, Agent -Inheritance Tax $ 236.55 5. The Sentinel-Estate Legal Advertisement $ 168.30 9. Cumberland Law Journal-Estate Legal Advertisement $ 75.00 10. Pecht & Associates, PC -Attorney's Fees $ 500.00 11. Register of Wills, Cumberland County Filing Fee -Inheritance Tax Return and Inventory $ 30.00 12. Register of Wills, Cumberland County - Filing Fee -Estate Settlement Agreement $ 20.00 TOTAL $1,496.40 ESTATE OF ESTHER M. STRYKER, deceased Exhibit C DISTRIBUTIONS TO BENEFICIARY Sharon L. Dayton $5,019.15 TOTAL: $S, 019.1 S CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Sharon L. Dayton, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Esther M. Stryker, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date r Sharon L. Dayton Beneficiary and Executrix COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the 4th day of September 2012, before me, the undersigned officer, personally appeared Sharon L. Dayton, 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. IN WITNESS WHEREOF, I hereunder set my hand and official seal. COMMONWEALTH CAF PENNSYLVANIA NOTA~~~,L_ SEAL ~ - ~^ Lori A. Backer~~~~,~~Notary Public Notary Public Lower Allen i~~~+:~.; `~~<~~~erland County MY COMM!~r '`CT. 13, 2015 i ^•~..` ~ -x t~ _ P~ -; > I ~ ~. .l ~ .T . ~/ ~ -' t__ _~; _, ~ ~--- - ~,:c~ y L~ ,..,~.~ +++.~