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HomeMy WebLinkAbout01-28-13.._ p.{~ +T. ~ ~"t C~ FAMILY SETTLEMENT AND FINAL RELEASL~ ~ `` ~ `f ~ F~~, N ~ :~~ ~ -~ ESTATE OF THEODORE J. CHESKI, DECEAS ~" ~-~~ c.`; ~,, , ~._ LL MEN BY THESE PRESENTS, that WHEREAS, TYi~odore ~.~~,Cheski' KNOW A late of 1323 Asper Drive, Boiling Springs, PA 17007, deceased; - ~fied testate on, November 24, 2011, having made his last will and testament, which ;was duly eexecuted, on, June 5, 2009, and is duly recorded in Cumberland County; -~L WHEREAS, the said Theodore J. Cheski by the aforesaid last will and testament, named Janine M. Farrell, as Executrix of said last will and testament; WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Janine M. Farrell, hereinafter called personal representative on December 15, 2011. WHEREAS, the said personal representative has gathered the assets of the estate of the said decedent and the assets consists of both real property and p Retu nl 251.27 property to a total gross estate value of $919, , as set forth in Estate ax of the Decedent which was filed with the Cumberland County Register of Wills, which is a Summary of Distribution to Beneficiaries, which is attached hereto and made a part hereof; WHEREAS, the said personal representative has gathered the assets of the estate of the said decedent and the assets consists of both real property and personal 935.50 ($41 721.94 in the property to a total estimate value of cash assets of $931, Citizens Account and $890,213.56 in the Morgan Stanley account as of December 3, 2012) as set forth in Estate Tax Return of the Decedent which was filed with the Cumberland County Register of Wills and Exhibit A, which is a Summary of Distribution to Beneficiaries, which is attached hereto and made a part hereof; WHEREAS, the debts and deductions, including inheritance taxes in the said estate were paid and an estimated balance of $931,935.50 for disbursement to the heirs under the will. WHEREAS, the balance for distribution as shown in the said statement marked Exhibit B has been reduced to cash and shall be distributed as herein indicated; $20.00 payable to Register of Wills (File Family Settlement) $12,000.00 payable to Law Offices of Peter J. Russo WHEREAS, this agreement may be executed in multiple counterparts, which said counterparts shall constitute a single Agreement and a faxed copy is deemed as an original signature. ~i ct~ NOW THEREFORE, KNOW YE, that we, BENEFICIARIES Henry Cichaczewski $10,430.48 from Citizens Bank Account plus 25 % of the Morgan Stanley Account' Total Approximate amount subject to market fluctuation - $229,978.88 Phyllis Gutzmirtl $10,430.48 from Citizens Bank Account plus 25 % of the Morgan Stanley Account Total Approximate amount subject to market fluctuation - $229,978.88 Gloria Johnston $10,430.48 from Citizens Bank Account plus 25 % of the Morgan Stanley Account3 Total Approximate amount subject to market fluctuation - $229,978.88 Stephanie Pazienza $10, 430.48 from Citizens Bank Account plus 25% of the Morgan StanleyAccount4 Total Approximate amount subject to market fluctuation - $229,978.88 bein all of the heirs under the last will and testament of the said decedent and being g those persons entitled to inherit under said last will and testament do hereby each o us, acknowledge that we have this day had and received from the aforesaid persoeSl representative, in full satisfaction and payment of all sum or sums of money, legs , bequests, and devises as are given, devised and bequeathed to each of us respectively b the said last will and testament, the amounts due us under said last will and Y testament, which amount we shall receive upon the sale of the real estate, whic As of December 3, 2012, 25% of the Morgan Stanley Account is valued at $222,553.39. This amount is subject to change based upon the increase or decrease in that account and the final amount payable to the beneficiary shall be modified based upon the increase or decrease in that account. 2 As of December 3, 2012, 25% of the Morgan Stanley Account is value a d the final amount payable toffs subject to change based upon the increase or decrease in that account the beneficiary shall be modified based upon the increase or decrease in that account. s As of December 3, 2012, 25% of the Morgan Stanley Account is valu { and the f nal amount payable ttois subject to change based upon the increase or decrease in that accoun the beneficiary shall be modified based upon the in le Account fsevalued at $222 553.39. This amount is a As of December 3, 2012, 25% of the Morgan Stan y subject to change based upon the increase or decrease in that account and the final amount payable to the beneficiary shall be modified based upon the increase or decrease in that account. amounts are in the amount set opposite our respective names in the table and II asdthe of distribution in said statement attached hereto and marked hehCumbersland County Estate Tax Return of the Decedent which was filed with t Register of Wills AND, we agree with the distribution schedule as set forth in the Estate Tax Return of the Decedent which was filed with the Cumberland County Register of Wills and Exhibit A; AND, each of us does hereby stipulate that in order to avoid the expenseeach time involved in the filing of a formal account and schedule ofhdi~ tWeu~onconsent to agree that no account is necessary and we do hereby agdres hedule distribution, the distribution being made without the filing of an account a 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 CUMBERLAND COUNTY. uitclaim and forever THEREFORE, we and each of us, do hereby remiNlNE I M SeFARRELL, her heirs, discharge the said personal representative, of Peter J. Russo, P.C. and assigns of Executors, and administrators, the Law Offices and from the said estate and from all actions, suits, payments, accounts reckonings, 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 THEODORE J. CHESKI, and each of us do further hereby covenant and agree that should any WebalnYd come due to the estate of the said decedent after the signing of this agr~e toesatis any each of us do hereby covenant and agree with each other and the esta uccessfull and all claims, demands, suits, or causes of action which may be s Y rosecuted against the said estate of the aforesaid personal representative efter the p signing, sealing and delivery of this family settlement agreement and final re eas IN WITNESS WHEREOF, we have hereunto set our hands and seals. WITNESS: /~ ff 9 f `1~ ~~ ~• (SEAL) HENRY ICHACZE SKI PHYLLIS GUTZMIRTL GLORIA JOHNSTON STEPHANIE PAZIENZA JANINE FARRELL (SEAL) (SEAL) (SEAL) (SEAL) IN WITNESS WHEREOF, we have hereunto set our hands and seals. WITNESS: -' CJ ' ~ k ~~~ ~. ~ ~ ~~~ r HENRY CICHACZEWSKI (SEAL) ~,~~ ~:~~ ~ .~~ ~'-~.~'~ (SEAL) P LLIS ZM ~ TL ._ GLORIA JOHNSTON (SEAL) (SEAL) STEPHANIE PAZIENZA (SEAL) JANINE FARRELL IN WITNESS WHEREOF, we have hereunto set our hands and seals. WITNESS: -~ a -~--.^^ f i ~-,:.. HENRY CICHACZEWSKI PHYLLIS GUTZMIRTL (SEAL) (SEAL) ` ; "~ ' ~: `~`; ~%(~u ~~~ ~ ~~ `~~~?~i~ (SEAL) LORIA JO STON STEPHANIE PAZIENZA JANINE FARRELL (SEAL) (SEAL) IN WITNESS WHEREOF, we have hereunto set our hands and seals. WITNESS: (SEAL) HENRY CICHACZEWSKI (SEAL) PHYLLIS GUTZMIRTL (SEAL) ~~ ~~ '~~~ ~~ GLORIA JOHNSTON ,l (SEAL) ST A E PAZIEN ~prbd cad Sw~Orh boas trf~. ~t ~~..~ ~ ~~.~ :~._..=~+....!.~ to the Comer o~~~. Stcrfe of,~,, (1c~~riZ,~~ ~~~ ~y commissi~f~i expires 2/17/~~ IN WITNESS WHEREOF, we have hereunto set our hands and seals. WITNESS: (SEAL) HENRY CICHACZEWSKI (SEAL) PHYLLIS GUTZMIRTL (SEAL) GLORIA JOHNSTON (SEAL) STEPHANIE PAZIENZA AL) STATE OF o ~ ~ COUNTY OF / V lG~~ On this the ~ ~ day of G ~ ., 201 before me a Notary Public, the undersigned officer, person Ily appeared HENRY CICHACZEWSKI (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 purposes therein contained. r Notary Public TINA K . HUSK~EY, NOTARY 1N & FOR THE STATE QF QH14 MY COMM f SS 10 N EXP 1 RES SEPTEMBER 2 , 2415 STATE OF ~~ COUNTY OF A~~ 1~ On this the ,~~~ day of J~ ~ , 201,. before me a Notary Public, the undersigned officer, personally appeared PHYLLIS GUTZMIRTL (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 purposes therein contained. ~. No Public COMMONWEA~.TW OF PENNSYt„VANIA NOTARIAL SEAL JOHN C. RINGWALD, Notary Public Upper Saucon Twp., Lehigh County M Commission Ex 'res Janu 12,2014 ~`-~.°'` STATE O F ~ ~ ~`'~'~-`~''~'' ~~~- `~'`'~''C....." ~'~ r S ~ ; ~~ -~ COUNTY OF 0 On this the ~ day of ~ ~~~'~ , 201 ; before me a Notary Public, the undersign officer, perso y appeared GLORIA JOHNSTON r >' ~1, ~~ (~ . / ~~~%~~ 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 purposes th in contained. ~ ary Public ~-~- ~~aM~ra~~v~r~~.~~-~~~ ~a~ ~~€~~~~~~~~~~~~~s~~~ ~~ Gc~~E~~;~v~~~~ ~~~~i`~~ av'ei~ ~. 2~~~ STATE OF ~.I-~C~~~E~_ ~~ ~ A!~'~ COUNTY OF ~ ~`~yy~ 1"3F~n/T On this the I ~ kh day of ' ~~~ ~ , 2010, before me a Notary Public, the undersigned officer, rsonally appeared STEPHANIE PAZIENZA (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 purposes therein contained. u is ~~I~~itaS~l~~3 E~t~;~~S ~~ ~~~~ ~~ ~~ STATE OF ~2 (1 nS~.,w~~ n ~ G-- COUNTY OF C:rac~.~o.~-~ ~ ~ - On this the `~ day of , 2010, before me a Notary Public, the undersigned officer, per Wally appeared JANINE FARRELL (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 purposes therein contained. Notary blic coMMO~w~A~.~ri ; cr ~~~~sXLVAtv1A 1ict~riai S~~I Ashley ~. M~ri~oirr~, ~~oi:~ry Pubiic Fiamp~zn I~v~~., Cumhnrand County My Cnmmis~i~n Ex~ire~ gct. 12, 2015 MEMBER, P~Nfd"~(.1,~}°rti~P,S~°ririr?TZC)N ~JP NOTARIES EXHIBIT A To Be Paid $20.00 payable to Register of Wills (File Family Settlement) $12,000.00 payable to Law Offices of Peter J. Russo BENEFICIARIES Henry Cichaczewski $10,430.48 from Citizens Bank Account plus 25% of the Morgan Stanley Accounf5 Total Approximate amount subject to market fluctuation - $229,978.88 Phyllis Gutzmirtl $10,430.48 from Citizens Bank Account plus 25% of the Morgan Stanley Accounts Total Approximate amount subject to market fluctuation - $229,978.88 Gloria Johnston $10, 430.48 from Citizens Bank Account plus 25% of the Morgan Stanley Account' Total Approximate amount subject to market fluctuation - $229,978.88 Stephanie Pazienza $10, 430.48 from Citizens Bank Account plus 25% of the Morgan Stanley Accounts Total Approximate amount subject to market fluctuation - $229,978.88 5 As of December 3, 2012, 25% of the Morgan Stanley Account is valued at $222,553.39. This amount is subject to change based upon the increase or decrease in that account and the final amount payable to the beneficiary shall be modified based upon the increase or decrease in that account. s As of December 3, 2012, 25% of the Morgan Stanley Account is valued at $222,553.39. This amount is subject to change based upon the increase or decrease in that account and the final amount payable to the beneficiary shall be modified based upon the increase or decrease in that account. As of December 3, 2012, 25% of the Morgan Stanley Account is valued at $222,553.39. This amount is subject to change based upon the increase or decrease in that account and the final amount payable to the beneficiary shall be modified based upon the increase or decrease in that account. $ As of December 3, 2012, 25% of the Morgan Stanley Account is valued at $222,553.39. This amount is subject to change based upon the increase or decrease in that account and the final amount payable to the beneficiary shall be modified based upon the increase or decrease in that account.