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Home My WebLink About07-02-13 (2) i RECORDED OFFICE OF REOiSTc OF 'VVILLS IN THE MATTER OF THE `3 UU�- 2 12 23 CLERK OF ESTATE OF KELLEY A. WAY OR"'iiANS' COURT REGISTER OF WILLS IN AND FOR CUMBERLAND CO., PA CUMBERLAND COUNTY, PENNSYLVANIA FILE NO. 21-12-1083 ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 31st day of May, 2013 WITNESSETH : THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Kelley A. Way (the "Decedent"), died intestate on June 11, 2012. Heather L. Moore duly qualified with the Register of Wills of Cumberland County, Pennsylvania as Administratrix of her probate Estate (the "Estate") on October 3, 2012. 2. Nicholas S. Way, Cory P. Kuhn and Heather L. Moore were the beneficiaries of the Estate of Decedent. 3. The Beneficiaries of the Estate of Kelley A. Way, deceased (the Beneficiaries") desires the Administratrix 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"). y 6. Heather L. Moore, Administratrix of the Estate of Kelley A. Way, deceased, desires to forever settle and compromise any and all claims and rights which it may possess, now or hereafter, in the Estate and to confirm its acceptance of the Informal Account (the "Account")which is attached hereto as Exhibits"A,"`B,"and"C" and incorporated herein by this reference. Heather L. Moore, :he Administratrix of the Estate of Kelley W. Way, deceased, desire that the terms of the Account be in full satisfaction of its rights in the Estate. 7. The Beneficiaries of the Estate of Kelley A. Way wish to release the Administratrix and to indemnify her against any and all claims that may be asserted against Administratrix as of the date hereof. 8. The Administratrix is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries of the Estate of Kelley A. Way, deceased. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, jointly and severally, the Beneficiaries, for themselves, their beneficiaries, personal representatives, successors and assigns: 1. Represents and warrants that the Beneficiaries have read and understands this Agreement and confirms that the facts set forth above are true and correct, to the best of their knowledge, information, and belief. 2. Acknowledges receipt of a copy of the Account. 3. Declares that the Beneficiaries have had the opportunity to review the Account and based upon an examination(or on his decision not to make such an examination), is satisfied that they have sufficient information to make an informed waiver of their right to a formal —2— r . accounting with the Court, and does hereby waive the filing and auditing of the same. 4. Accepts the Account, examined or not, as if the same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5. Acknowledges that there is no distributive share. 6. Releases, remises, quitclaims and forever discharges the Administratrix, her heirs,personal representatives, successors and assigns, from and against all claims that it, as residuary beneficiary had, now has, or may in the future have, in connection with the Estate. 7. Agrees to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Administratrix of the Estate of Kelley A. Way, deceased or by the Court, or by any court of competent jurisdiction to have been improperly made. 8. Agrees to indemnify and hold harmless the Administratrix, 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 Administratrix) that may here- after be asserted against the Estate or against the Administratrix. 9. Consents to the Court exercising personal jurisdiction over it 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 caused the Estate Settlement Agreement to be duly executed according to law. „, —3- EXHIBIT A IN THE MATTER OF THE ESTATE OF KELLEY A. WAY REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-1083 ASSETS 1. PNC Bank Check Account No.: 5112980341 $142.01 2. PNC Bank Savings Account No.: 5112803732 $25.00 3. 2005 Honda Civic (Date of Death loan balance) $10,083.94 . (demolished in accident ending in death of decedent) Total $10,2.;0.95 EXHIBIT B IN THE MATTER OF THE ESTATE OF KELLEY A. WAY REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-1083 DEBTS AND COSTS 1. Register of Wills, Cumberland County $78.50 Probate Fees 2. Register of Wills, Cumberland County $30.00 Filing Fee—Inheritance Tax Return and Inventory 3. .Register of Wills, Cumberland County, $20.00 Filing Fee, Estate Settlement Agreement 4. Cumberland Law Journal $75.00 Advertisement, Estate Legal Notice 5. Patriot News $116.00 Advertisement, Estate Legal Notice 6. Wells Fargo Dealer Services $10,083.94 7. Credit One Bank—Credit Card $559.02 8. Seventh Avenue Credit Department $14.90 9. Holy Spirit Hospital $2,147.40 . 10. The Hetrick Center $78.39 11. United Water $81.08 12. PPL $293.51 13. Ascension Point Recovery Services, LLC $9,136.19 14. Camp Hill Emergency Physicians $1,186.00 15. Comcast $259.64 16. Master Card $635.64 17. Myers Buhrig Funeral Home $4,205.50 Mechanicsburg, PA Total $21,000.71 EXHIBIT C IN THE MATTER OF THE ESTATE OF KELLY A.WAY REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-1083 Distributions to Beneficiaries 1. Nicholas S. Way $0.00 2. Cory P. Kuhn $0.00 3. Heather L. Moore 'P0.00 Total Distribution $0.00 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Nicholas S.Way, beneficiary of the Estate of Kelley A. Way, deceased, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Kelley A. Way, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date Nicho as S. Way Beneficiary COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF CUMBERLAND On this, the3\c'c day of May 2013, before me, the undersigned officer, personally appeared Nicholas S. Way, 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. COMMONWEAi-H r;f PENNSYLVANIA [NOTARIAL SEAL �� nM q A. Backestces-Notary Public v ��"" " & =r Allen Twp.,Cumberland County NotaYy ublic OMMISSION EX?!RES OCT.13,2015 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Cory P. Kuhn, beneficiary of the Estate of Kelley A. Way, deceased, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Kelley A. Way, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date L� Cory P=uh~-n Beneficiary COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the 31s'A day of May 2013, before me, the undersigned officer, personally appeared Cory P. Kuhn, 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 PENNSYLVANIA NOTARIAL SEAL] 1A.Backe stces-Notary Public Public Lower Allen Tvwn.,Cumberland County MYCOMMISsiGN E)"RCS OCT 2Q35 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Heather L. Moore, Administratrix and beneficiary of the Estate of Kelley A. Way, deceased, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Kelley A. Way, deceased, a copy of which Estate Settlement Agreement has been provided to me. Date Heather L. Moore Administratrix and Beneficiary of the Estate of Kelley A. Way, deceased COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the3\sN day of May 2013, before me, the undersigned officer, personally appeared Heather L. Moore,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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. C=. " 7F PENNSYLVANIA � �//� e � Lori A. ary ublic —4—