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HomeMy WebLinkAbout04-15-13 ' . . IN THE MATTER OF THE ESTATE OF MARGARET E. COLDREN, DECEASED � � � c � � � � REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PE� LVA�A � � ��r, tn a File No. 21-12-093 0 �' n r- � '� � z � � � � � z �•' ac o � c3 �, o -,c� -,� �-�r, ESTATE SETTLEMENT AGREEMENT Q: � � � � �—�,, : � c..� r rn „a --3 r m � � -°,� � THIS AGREEMENT, made this 21 st day of March 2013, WITNESSETH : THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Margaret E. Coldren(the"Decedent")died testate on August 17,2012. On August 27,2012,the Register of Wills of Cumberland County,Pennsylvania,granted Letters Testamentary to Donald L. Coldren as Executor of the Estate of Margaret E. Coldren,deceased(the"Executor"). 2. Donald L.Coldren,Robert L.Coldren,John P.Coldren,Matthew Coldren,Timothy Coldren,and Mary Wallick(the Beneficiaries")desire the Executor 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 Beneficiaries desire 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 Informal Account(the"Account")which is attached hereto as Exhibit "A" and made a part hereof. The Beneficiaries desire that the terms of the Account be in full satisfaction of their rights in the Estate. W t � 4. The Beneficiaries wish to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate or the Executor after the date hereof. 5. The Executor 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 Beneficiaries, for themselves,their heirs,personal representatives, successors and assigns: 1. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct,to the best of their knowledge, information, and belief. 2. Acknowledge receipt of a copy of the Account. 3. Declare that they have had the opportunity to review the Account and based upon an examination(or on their decision not to make such an examination), they are satisfied they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and do 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 their respective entitlements under the Will,and acknowledge that they have received their respective shares. 6. Release, remise, quitclaim and forever discharge the Executors,their heirs, personal representatives,successors and assigns,from and against all claims that they,as residuary legatees and heirs 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 Executors,or by the Court,or by any court of competent jurisdiction to have been improperly made. � 8. Agree to indemnify and hold harmless the Executor, his 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 Executor) that may hereafter be asserted against the Estate or against the Executor. 9. Consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF,and intending to be legally bound,the Beneficiaries have placed their hands and seals on the attached Consent to this Estate Settlement Agreement. CONSENT TO FAMILY SETTLEMENT AGREEMENT I,Robert L.Coldren,hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Margaret E. Coldren,deceased,a copy of which Estate Settlement Agreement has been provided to me. 3� 1 S• �� �r�.,c,�, � Date Robert L. Coldren Beneficiary COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF DAUPHIN : On this,the ��� day of March 2013,bef4re me,the undersigned officer,personally appeared Robert L. Coldren,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. NOTARIAL SEAL '� ` � �r TRAC1 l MYERS � PUbI�C Notary Public HARRISBURG CITY,DAUPHIN CNTY My Commission Expires Dec 9.2013 � CONSENT TO FAMILY SETTLEMENT AGREEMENT I,Donald L.Coldren,hereby consent to and j oin in the Estate Settlement Agreement relating to the Estate of Margaret E. Coldren, deceased, a copy of which Estate Settlement Agreement has been provided to me. .� �� /3 �� . � Date Donald L. Coldren, Executor and Beneficiary COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : N07ARIAL SEAL : SS: MICHAEL J.SNaITH,Notary Publ� COLJNTY OF CUMBERLAND : Silver Spring Twp.,Cumberland County My Commission Expires September 23, 2014 S� On this, the o�� day of March 2013, before me, the undersigned officer, personally appeared Donald L.Coldren,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instru.ment,and acknowledged that he executed the same in the capacities and for the purposes therein contained. IN WITN�SS WHEREOF, I hereunder set my hand and official seal. c. � Notary Publ c CONSENT TO FAMILY SETTLEMENT AGREEMENT I, Mary Wallick,hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Margaret E.Coldren,deceased,a copy of which Estate Se�tlement Agreement has been provided to me. � � 5 ao �3 �r� ���:�. Date Mary Wallick Beneficiary COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF LANCASTER : On this,the /.5� da of March 2013 before me the undersi ned officer ersonall Y > > g �P Y : appeared Mary Wallick, 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 OF PENNSYWANIA Nota�ial Seal " Marcia Mahoney,Notary Public quarryvl�le Boro,Lancaster county Not Public (W Commission Expires 29,2016 �' MEMBER,PENNSYWANIA ASSOC[ATION OF NOl'ARIES CONSENT TO FAMILY SET'I'LEMENT AGREEMENT I,Timothy Coldren,hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Margaret E.Coldren,deceased,a copy of which Estate Settlement Agreement has been provided to me. .. 3 ,�� /L3 , Date Timothy C dren Beneficiary COMMONWEALTH OF PENNSYLVANIA : : ss: CUUNTY OF BERKS : �j c��- On this,the �S�D day of March 2013,before rne,the undersigned officer,personally appeared Timothy Coldren,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 r Notary Pu 'c ��02� /� �MOCVw�.TM ar�PEn�sv4wwu► _MOr,w+�u.s�ru. 8AlLY A.�AFiSHALL;NOTARY PU91.IC CITY QF READINCi,BERKS COUNTY MY COMMISSION EXPIRES F�B.24�2015 CONSENT TO FAMILY SETTLEMENT AGREEMENT I,John P.Coldren,hereby consent to and join in the Esta.te Settlement Agreement relating to the Estate of Margaret E.Coldren,deceased,a copy of which Estate Settlement Agreement has been provided to me. �vl yl � Date Jo P. Coldren Beneficiary COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF $RADFORD : �� �t ,4�.�r� I On this,the � day of��2013,before me,the undersigned officer,personally appeared John P. Coldren, 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 ar�d official seaL � Notary Public ,,�,�;,;►���� �C3f���� ��.�`.�,i��f�IVAN � =': ;�i MY COMIVi€�SlQS��Jp8$0209 �'•,dfi�.�"� �XRlRES April�4,2013 �„��,. (407j 39&0153 FloridaNOtaryServx:e.com CONSENT TQ FAMILY SETTLEMENT AGREEMENT I,Matthew Coldren,hereby consent to and join in the Estate Settlement Agreement relating to the Esta.te of Margaxet E. Coldren,deceased,a copy of which Estate Settlement Agreement has been provided to me. �`�` �� �'��'���- .� Date Matthew Coldren Beneficiary COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF BERKS : � � On this,the ��r day of�eh 2013,before me,the undersigned officer,personally appeared Matthew Coldren,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 conta.ined. IN WITNESS WHEREOF, I hereunder set my hand�nd official seal. Commonw�eeJth of Nt}TARIAL SEAL Robe�rr�t �'N�� �'�� Notary Public My Co'"missbn E�piree AprN 26,2016� IN THE MATTER OF THE ESTATE OF MARGARET E. COLDREN, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0930 EXHIBIT A ASSETS 1. M & T Bank Checking Account $ 9,491.88 2. M & T Bank Checking Account $ 2,381.95 3. Refund— Pennsylvania State Employees Retirement System $ 129.57 4. Refund— The Ecumenical Community $ 740.00 5. Furniture —Values provided by Cordier Antiques $ 265.00 6. Jewelry-Appraised by Mumma's Jewelry Store $ 565.00 Mechanicsburg, PA 7. Edward Jones —Account No.: 851-11731-1-7 $34,522.07 8. US Savings Bond - Series I $ 3,967.00 9. US Savings Bond - Series I $ 7,934.00 Total Assets $59,996.47 IN THE MATTER OF THE ESTATE OF MARGARET E. COLDREN, � DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-093 0 EXHIBIT B DEBTS AND COSTS 1. Register of Wills, Cumberland County $ 210.50 Probate Fees 2. Pecht & Associates, P.C. —Attorney's Fees $ 2,081.16 3. Donald L. Coldren—Executor's Commission $ 1,500.00 4. Kim's Catering— Fellowship following $ 513.50 Memorial Service 5. Stein's Flowers, Inc. $ 270.30 6. Diamond Pharmacy $ 31.33 7. East Pennsboro Ambulance Service $ 270.96 8. Family Practice Center, PC $ 40.00 9. James R. Harty, MD, PC $ 20.00 10. Mumma's Jewelry Store —Appraisal Fee $ 50.00 11. Register of Wills, Cumberland County $ 30.00 Filing Fee — Inheritance Tax Return & Inventory 12. Register of Wills, Cumberland County $ 20.00 Filing Fee — Estate Settlement Agreement 13. Cumberland Law Journal $ 75.00 Estate Legal Advertisement 14. The Patriot-News $ 116.45 Estate Legal Advertisement 15.Dohner Memorials— Inscription, grave marker $ 160.00 16.Pennsylvania Dept. of Vital Records $ 18.00 Death Certificate for Paul Coldren 17.Pennsylvania Department of Revenue $ 2,341.32 Inheritance Tax Total Debts � 7,748.52 � � IN THE MATTER OF THE ESTATE OF MARGARET E. COLDREN, � DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0930 � EXHIBIT C DISTRIBUTIONS TO BENEFICIARIES 1. Donald L. Coldren $13,061.99 Twenty-five percent of the residual estate 2. Robert L. Coldren $13,061.99 Twenty-five percent of the residual estate 3. John P. Coldren $13,061.99 Twenty-five percent of the residual estate 4. Matthew Coldren $ 4,353.99 A one-third interest of your father's twenty-five percent of the residual estate 5. Timothy Coldren $ 4,353.99 A one-third interest of your father's twenty-five percent of the residual estate 6. Mary Wallick $ 4,353.99 A one-third interest of your father's twenty-five percent of the residual estate Total Distribution to Beneficiaries $52,247.95