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HomeMy WebLinkAbout03-19-13 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENSYLVANIA "ECO z w OF ORPHANS' COURT DIVISION �E 7 NO. 21-11-0439 1 FAMILY SETTLEMENT AGREEMENT IN RE: ESTATE OF 0 r,�F:I. CURTIS A. CLELAND, DECEASED CUMSERL.!-;!­, DA KNOW ALL MEN BY THESE PRESENTS, that: WHEREAS, Curtis A. Cleland (hereinafter "decedent"), late of Cumberland County, Pennsylvania, died testate on March 31, 2011, having first made his Last Will and Testament which was duly executed on September 16, 1996 and recorded in the Register of Wills Office in Cumberland County; and, WHEREAS, the said last Will and Testament did not name and Executor-, and, WHEREAS, the decedent died an unmarried man, without children; and, WHEREAS, the decedent's sister, Christine H. Mahoney petitioned the Register of Wills of Cumberland County, Pennsylvania for letters of Administration; and, WHEREAS, Christine H. Mahoney was named Administrator of the decedent's estate on April 6, 2011; and, WHEREAS, the said Administrator paid the pecuniary legacies to the heirs listed in the decedent's Will as follows: Valerie Fisher, formerly Valerie Leitzel: $50,000.00 Christy Ferguson, formerly Christy Jane Young- $50,000.00 Julie Lark, formerly Julie Ann Young- $50,000.00; and, 0 - WHEREAS, each of the above-referenced heirs have signed a Release and Indemnification upon the receipt of their gift, which is attached hereto-, and, WHEREAS, the Administrator paid the First United Church of Christ the sum of $1,000.00 as set forth in the decedent's Will, and the Fist United Church of Christ has signed a Release and Indemnification with respect to the receipt of said gift, which is attached hereto; and, WHEREAS, the remainder of the estate, less inheritance tax and final expenses, was distributed to the decedent's sister and mother as provided in the Will and as set forth on the attached Residual Distribution chart. NOW, THEREFORE, KNOW YE, that we, being the sole residual beneficiaries of Curtis A. Cleland under his Last Will and Testament, do hereby acknowledge that we have this day agreed to receive 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 us by the decedent, due to us under his said Last Will and Testament, those amounts appearing next to our names in Residual Distribution statement attached hereto. AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account its 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 of Cumberland County,- AND FURTHER, we do release the said executor from any and all claims against her for her administration of this estate and any and all other matter affecting the administration of the estate. THEREFORE, we do hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we covenant and agree with each other and the executor that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suites or causes of action which may be successfully prosecuted against the said estate or the aforesaid executor after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, we have hereunto set our hand and seal the day and year below written opposite my name, 46-) _74 Christine Mahoney Christine Mahoney Executor of the Date: 3, L/—/3 Estate of Joan H. Cleland Date: 3 - L/--/3 Commonwealth of Pennsylvania SS. County of Cumberland On this, the day of 2013, before me, the undersigned officer, personally appeared Christine Mahoney, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notanal Seal Jennifer S.Lindsay,Notary Public Carlisle Boro,Cumberland COL 'Iicl My Commission.Expires Nov. -MEMBER,PENNSYLVANIA ASSOCIATION k;t-NOTARIES Estate of Curtis A. Cleland RESIDUAL DISTRIBUTION To decedent's mother, Joan Cleland 1. Money Market $223,850.21 Less specific bequests $150.000.00 Net Money Market to Joan Cleland $ 73,850.21 2. Individual Retirement Account $109,091.49 3. Mobile Home $ 2,800.00 4. Half of residue of estate $274.293.15 $460,034.85 To decedent's sister, Christine Mahoney 1. Half of residue of estate $274,293.15 IN RE: IN THE COURT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CURTIS A. CLELAND, NO. 21-11-0493 Deceased ORPHANS' COURT DIVISION RELEASE AND INDEMNIFICATION ESTATE OF CURTIS A. CLELAND, DECEASED The undersigned is one of the beneficiaries named in the will of Curtis A. Cleland, deceased, and desires that a portion of the estate be distributed at this time prior to the filing of a court accounting. The Administrator of the estate, Christine Mahoney, is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document. In consideration of the willingness of the Administrator to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned individually and on behalf of the undersigned's heirs, personal representatives, successors and assigns does hereby: 1. Consent to the release of decedent's specific bequest of$50,000.00 to the undersigned; 2. Absolutely and irrevocably release and discharge the Administrator and her heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating to the payment of the specific bequest of$50,000.00 or any other matter in any way related to the administration of this estate. WITNESS: HEIR: &L Chr t 7er son Date: 1/7 /it IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CURTIS A. CLELAND, NO. 21-11-0493 Deceased ORPHANS' COURT DIVISION RELEASE AND INDEMNIFICATION ESTATE OF CURTIS A. CLELAND, DECEASED The undersigned is one of the beneficiaries named in the will of Curtis A. Cleland, deceased, and desires that a portion of the estate be distributed at this time prior to the filing of a court accounting, The Administrator of the estate, Christine Mahoney, is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document. In consideration of the willingness of the Administrator to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned individually and on behalf of the undersigned's heirs, personal representatives, successors and assigns does hereby: 1. Consent to the release of decedent's specific bequest of $50,000.00 to the undersigned; 2. Absolutely and irrevocably release and discharge the Administrator and her heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating to the payment of the specific bequest of $50,000.00 or any other matter in any way related to the administration of this estate. WITNESS: HW Lark Date.- IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CURTIS A. CLELAND, NO. 21-11-0493 Deceased ORPHANS' COURT DIVISION RELEASE AND INDEMNIFICATION ESTATE OF CURTIS A. CLELAND, DECEASED The undersigned is one of the beneficiaries named in the will of Curtis A. Cleland, deceased, and desires that a portion of the estate be distributed at this time prior to the filing of a court accounting. The Administrator of the estate, Christine Mahoney, is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document. In consideration of the willingness of the Administrator to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned individually and on behalf of the undersigned's heirs, personal representatives, successors and assigns does hereby: 1. Consent to the release of decedent's specific bequest of$50,000.00 to the undersigned; 2. Absolutely and irrevocably releases and discharges the Administrator and her heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating to the payment of the specific bequest of$50,000.00 or any other matter in any way related to the administration of this estate. WITNESS: HE Valerie fisher Date: 7-A IN RE.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CURTIS A. CLELAND, NO. 21-11-0493 Deceased ORPHANS' COURT DIVISION RELEASE AND INDEMNIFICATION ESTATE OF CURTIS A. CLELAND, DECEASED The undersigned is one of the beneficiaries named in the will of Curtis A. Cleland, deceased, and desires that a portion of the estate be distributed at this time prior to the filing of a court accounting. The Executor of the estate, Christine Mahoney, is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document. In consideration of the willingness of the Executor to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned individually and on behalf of the undersigned's heirs, personal representatives, successors and assigns does hereby: 1. Consent to the release of decedent's specific bequest of$1,000.00 to the undersigned; 2. Absolutely and irrevocably release and discharge the Executor and her heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating to the payment of the specific bequest of $1,000.00 or any other matter in any way related to the administration of this estate. W NESS: FIRST UNITED CHU H OF CHRIST TED CHU H OF f By: Title: Date.