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HomeMy WebLinkAbout08-31-12 (2)IN RE: ) ESTATE OF BETH ANN RICHARDS ) Deceased ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-11-0150 ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT is made this ~ 1~ day of August, 2012. WITNESSETH: ~ c~ ~' ~`~~ ~. ~ ~~ c-~ c- D J THE CIRC~STANCES leading to the exe cution of this Agreement are as follows: 1. Beth Ann Richards (the "Decedent") died to state on Januar 23 2 f~- ~ "..7 :~ c°~ w ~~ .. _._. Miller dui Y 011 and Jessica y qualified with the Register of Wills of Cumberlan d County, Pennsylvania, as the Executor(rix) (the "Executor") of the Deceden ' t s probate estate (the "Estate"). 2. Decedent's Last Will and Testament the "W' ~~ ( ill ), which was admitted to probate wa executed by Decedent on October 26, 2001. ~ s 3 • Article 2 of the Decedent's Will provided for .the distribution of the rest, residue and remainder of Decedent's Estate as follows: "I give, devise and bequeath my entire estate to thereon of whatsoever nature and wheresoever gt ther with all insurance proceeds Jessica Richards Miller" uated to my beloved daughter, 4. Jessica Miller, is the Decedent's sole survivin g child and as such is the sole beneficiary of the Estate ("Beneficiary"). As th e Beneficiary, she desires to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of First and Final Account by the Orphans' Court a Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court" )• __i .l ~~ ,-?. `.i, ~ -;_ ~.. ~, r ., _.~~ ~~~. rri `~~ ~ -rr ~ii~) 5. The Beneficiary desires to forever settle and compromise an and all cl ' Y aims and rights which she may possess, now or hereafter, in the Estate and to confirm he r acceptance of the Informal Account (the "Account") and Schedule of Distribution that she ' in her capacity as Executor has prepared, the same being incorporated herein b this refere Y nce. The Beneficiary desires that the distributions be in full satisfaction of the rights of the B eneficiaries m the Estate. NOW, THE1tEFORE, in consideration of the foregoing and intendin g to be legally bound, the Beneficiary, for herself, and for her heirs, personal re resen ' p tatives, successors and assigns: A. Represent and warrant that she has read and understand this Agreement and confirms that the facts set forth above are true and correct best of her knowledge, information and belief. to the B. Declares that she has sufficient information to make an informed waiver of their right to a formal accounting with the Court and does hereb the filing and auditing of the same. y waive C. Acknowledges that the distributive share or amount set forth on the Account and Distribution shall be in full satisfaction of her entitlements as Beneficiary under the Will. D. Agrees to refund, on demand, all or any part of any aforesaid distribution, which has been determined by the Court, or by an court of competent jurisdiction, to have been improperly made. Y E. Agrees to execute such other or additional documents as may be necessary to effectuate the agreements set forth herein. F. Acknowledges that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. G. Consents to the Court exercising personal jurisdiction over her as Beneficiary in any suit or action arising out of the enforcement of this A re g ement. 2 This Agreement may be executed in any number of counte arts with ~ the same effect as if all parties had all signed the same document. All counte arts sh rp all be construed together and shall constitute one agreement. Each party shall become bound b y the agreement immediately upon affixing his or her signature hereto, independently of the si nature of g any other party. ~ WITNESS WHEREOF, the Beneficiary has placed her hand an d seal as set forth hAl„«, ;~ Jessica Miller f jji i Ji `~f COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: On this, the ~ ~~day of Au ust 2 g 012, before me, the undersigned officer, personally appeared Jessica Miller known to me (or satisfactorily proven) to be the erso subscribed to the within instrument and acknowledged that she executedp n whose name is capacities and for the purposes therein contained, the same in the IN WITNESS WHEREOF, I have hereunto set my hand and official seal. e ~ ~ <~~ OTARY PUBLIC COMMONWEALTH OF PENIYSrZV,4NIA Sherie q, Notarial Seal Nam Minich, Notary E'ubltc Pden Twp., Cumberland My Cammisston Expires h}a Caunty MEMBEfi, PENNSYLVANLq ~ ~~~ 2015 '~~An'ON OF NOTARIEc 3