The URL can be used to link to this page

Home My WebLink About07-29-13 x ESTATE OF RC}BERT P. BURTON, SR. : 4FFICE tJF THE REGISTER deceased, late of Shippensburg Tawnship, : OF WILLS IN AND FOR Cumberland County, Pennsylvania, ; CUMBERLAND C{�UNTY,PFI�INSYLVANIA : REGISTER OF WILLS FILE NO: 21-12-0355 RECEIPT AND RELEASE CJ►F �IEIRS �� , '`; FAMILY SETTLEMENT AGREEMENT AND FINAL R�L�.SE �� `:: r-:� IN THE �.� _ . ._ . z �, . ESTATE OF ROBERT P. BURTON SR. DECEAS�� _ � ' � • <�,� <i'��► ;, THIS A�``rREEMENT executed this "��day of June 2013, r BY AND$ETWEEN �� - ' ` �._., � ,ry, � SHEILA B. MALONE, ALSO KNOWN AS SHEILA RAE MALCINE, EXECUTRIX OF THE ESTATE OF ROBERT P. BURTCIN, SR.,DECEASED, AND VIRGINIA L. BURTON , COMMISSIONER OF THE ESTATE OF RUBERT P. BURTON, JR. AND SHEILA B. MALtJNE, ALStJ KNC?WN AS SHEILA RAE MALONE, HEIRS AND BENEFICIARIES OF THE ESTATE OF ROBERT P. BURTON, SR., DECEASED. WHEREAS, Rabert P. Burton, Sr., late of Shippensburg Township, �umberland County, Pennsylvania, died testate on January 16, 2412 and WHEREAS, Rabert P. Burton, Sr., died on January 16, 2012, and his Last Will and Testament was duly entered for probate on March 23, 2012, and is now af record in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, in File Number 21-12-0355, and, whereas,the Register af Wi11s in and for Cumberland County, Pennsylvania, granted Letters Testamentary in the Estate af Robert P. Burton, Sr., deceased, ta Sheila B. Malone, also known as Sheila Rae Malone; and, WHEREAS, Robert P. Burton, Sr. was preceded in death by his wife, Marguerite W. Burtan,who died on C}ctober 26, 2006; and, WHEREAS, Robert P. Burton, Jr. and Sheila Rae Malone are the named beneficiaries under the Last Will and Testament of Rabert P. Burton, Sr.; and, , WHEREAS, Paragraph Third of said Last Will and Testament provides: If my wife, Marguerite W. Burton, does not survive thirty (30) calendar days after my death , then I direct give, devise and bequeath all of the rest, residue, and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, to my beloved children, in equal shares, as follows: A. One (1) equal share to my son, ROBERT P. BURTON, JR., of Jefferson, Ohio. B. One (1) equal share to my daughter, SHEILA RAE MALONE, of Walnut Bottom, Pennsylvania. , WHEREAS, Robert P. Burton, Jr. survived his father Robert P. Burton, Sr., and thereby became entitled to distribution of assets under the terms of his father's Will; and, WHEREAS, Robert P. Burton, Jr. died on July 25, 2012, prior to the distribution of assets and final settlement of the Estate of Robert P. Burton, Sr.; and, WHEREAS, Virginia L. Burton has been appointed as Commissioner of the Estate of Robert P. Burton, Jr., has proceeded with the administration of said estate, and has been authorized by the Courts of the State of Ohio to represent the Estate of Robert P. Burton, Jr., and to receive assets on behalf of said estate; and, WHEREAS, Sheila Rae Malone, also known as Sheila B. Malone, Executrix of the Estate of Robert P. Burton, Sr. .has proceeded with the administration of said estate, gathering the probate assets of the decedent consisting of personal property in the amount of$ 18,615.31, as set forth in the Executrix' Statement of Account, a true and correct copy of which is attached hereto and made a part hereof as E�ibit"A"; and, WHEREAS, expenses incurred during the administration of the estate, and debts and deductions of the estate, including the payment of Pennsylvania inheritance tax, amount to $21,080.53, as set forth in the executrix' Statement of Account, a true and correct copy of which is attached hereto and made a part hereof as Exhibit"A"; and, WHEREAS, expenses incurred during the administration of the estate, and debts and deductions of the estate, including the payment of Pennsylvania inheritance t�, resulted in a shortfall in the amount of$ 2,465.22; and, WHEREAS, each of the beneficiaries has contributed to the Estate the amount of $1,232.61 from non-probate assets in order to satisfy all debts and deductions of the estate, including the payment of Pennsylvania inheritance tax; and, WHEREAS, the balance for distribution as set forth in the Executrix' Statement of Account has been reduced to cash and has been, or will be, distributed in accordance with the terms of the Last Will and Testament of Robert P. Burton, Sr., deceased; and, hereby acknowledge that they have received the distribution of assets as propased by the executr:ix in fuii satisfaction and payment af atl sums af money, legacies, devises, and bequests as are given, devised and bequeathed to them under the Last Wi11 and Testarnent af Rabert P. Burton, Sr., whzch amounts they have received and which is the amount set forth next to their name in the distribution to beneficiaries in the statement attached hereto and marked as Exhibit"A". 4. Each of the parties does hereby acknowiedge that they are freely and valuntarily executing this Family Settiement Agreement and Final Release intending to be Iegaily bound. 5. The parties hereby remise, release, quitclaim and forever discharge Sheila B. Malone, also known as Sheiia Rae Malone, Executrix of the Estate of Robert P. Burtan, Sr., deceased, and David P. Perkins, Esquire, attorr�ey for the estate, and their heirs, executors, administrators and assigns, from all manner of acts, suits, payments, reckonings, claims, accountings, debts, and demands whatsoever which we or any of us, or our tegal representatives or assigns, have or may at any time hereafter have against said administrator and/ar attorney for the estate, their estates ar assets thereof, relating to ar concerning the Estate of Robert P. Burton, Sr., deceased. 6. The parties hereto hereby covenant and agree that they will contribute their share of the Estate ta satisfy all claims,debts,demands,suits,or causes af action, if any, which may be successfully brought against the Estate, the e�ecutrix, or the attorney for the estate, after the execution of this Family Settlement Agreement and Final Release. 7. The parties hereto agree that they will at ail times in the future and wherever necessary, appropriate and convenient, make, execute and deliver to Sheila B. Malone, also knawn as Sheila Rae Malone, Executrix, and/ar to any other party or person, any and a11 inst�uments, documents, conveyances, deeds, releases ar other instruments of any kind necessary ar convenient to ca,rry out the intention of this Family Settlement Agreement and Fina1 Release. 8. This Family Settlement Agreement and Final Release constiiutes the entire understanding among the parties hereta, and each of them acknowledges that na representations ar statements af any kind, written or aral, have been made to them or any of them prior hereto by the executrix, the attaarney for the estate, or any ather person or party acting upan their behalf. 9. This Family Settlement Agreement and Final Release shall inure to the benefit of and shall be binding upon the parties hereta, and each of them, their heirs, executors, administrators, successors and assigns. 1 d. This Family Settlement Agreement and Final Release shall be gaverned by the laws af the Comrnonwealth of Pennsylvania. IN WITNESS WHEREOF,the parties hereto, intending to be legally bound, have hereunto set their respective hands and seals the day and year first above written. WITNESS: �� , � ` � G�2,�� SHEILA RAE MALONE � �� n�� L��%L� � SHEILA B. MALONE � �� .,� � - - ��.�� VIRG L. BURTON, COMMISSIONER OF STATE OF ROBERT P. BURTON, JR. � � SHEILA RAE MAL NE, EXECUTRIX � � /�� SHEILA B. MALONE, XECUTRIX COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : � On this, the�� day of June 2013, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared SHEILA B. MALONE, also known as SHEILA RAE MALONE, 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 herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � �� 2�/�/,/YI,c�� Notary Public co�+MONwEwTt+o��snv�wiw NOTARIAL$EAL VICTORIA N.PERKINS,Npyrr pubpc rg Borough,Cumblrtrld COrtpnission Expires Oct,1S,101�4 � ��ara-.�. . ,��.<��.,�;�� _ ��.. . .. ri..�,...� .�.�.�.� ,�.n,a,�..�,a.,�.�..��... STATE OF OHIO : : ss. COLTNTY OF : � i On this, the "� day of 2013, before me, a Notary Public in and for said � County and State, the undersigned officer, rsonally appeared VIRGINIA L. BURTON, known to me (or satisfactorily proven) to be, the person whose name is subscribed to the within instrument, and who acknowledged herself to be the Commissioner of the Estate of Robert P. Burton, Jr., and acknowledged that as such Commissioner, being authorized to do so, she executed the attached Receipt and Release of Heirs for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � LbC�.-� l ^ Notary Public ��s� i� . i��, �-��, ��, �x,�� 4 i� �� SHEILA B. MALONE A/K/A SHETLA RAE MALONE STATEMENT C!F ACCOUNT FOR ESTATE OF ROBERT P, BURTf�N, SR.,DECEASED Date of Death: Jartnary 16,2012 Date of Executrix's Appointment: March 23,2012 Dates af Advertisement of Letters: The Sentinel Apr�il 5,2a12, April 12, 2012, April 19,2U12 Cumberland Law Jaurnal April 13,2012 April 20,2012, April27, 2012. Accounting for the Period: March 23,2012 to May 31,2013 Purpose of Account: Sheila B. Ma]ane a1kla Sheila Rae Malane, Execu#rix, offers this statement c�f account to acquaint interested parties with the transactions that have accurred daring their administration. The account also indicates the propased distribution of the estate. It is irnportant that the statemeni of account be carefuily exarnined. Requests far additianal information ar questions or objections can be discussed with: David P.Perkins,Esquire 4 James Circle Shippensburg,PA 17257-2165 Telephone: ('717)658-6531 or (717)532-9537 Sheila B. Malane atkla Sheila Rae MaIane, Executrix of the Estate of Robert P. Burton, Sr., deceased, hereby declares under oath(penalties of perjury)that she has fully and faithfully discharged the duties af her o�ce, that the fc�llowing statement af account is true and correct and fu1ly disclases all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in fuli; that, to her knvwledge, there are no claims now outstanding against the sstate; and that aI1 taxes presently due from the estate have been paid. _ � ��C��7�' heila B.Malone,Executrix � � Sheila Rae Malone,Executrix Subscribed and swarn to by Sheila B.Malone a/k/a Sheila Rae Malone before me this��'`day af June,2013. ��7.� ��! COMMONNl�AL.1'H OF P�lNNSYl.VANIA NOTAFtiAI SEA1. VICTORiA N.PERKINS,Notary Pub�c ,Cumbedend County ' Qct.15,20i4 �a.,�-� :,n-,�,� .�,�,��.�. �: ...�,M�,.� �.,.�.�.. ::,�n.�,. .��.�-� �.��.�.�„�.,�� ,�,.. n� z G y* trt �s. rn U� r-� N �.+ cn.Fa w �P w C�7 w r--� N .P .P w 'et �. ;rJ p e x vs ��., o o a ��..��, � �, o a��-�.. � n p z cn a� �-o cn n� iv^��^�-. c.� �-. w rn�. .ti �a �... N .� ns � �] ' �y tc9 Ui t/1 C.} Y N F+ N O\ N � �. N t-+ � O ih � fl � �y w .� \�., �p rn .p \�...\ N o N cn tn�\�.. � _ � b G� C!" z y N N'��`w, N N N O F-� y d N N O O C1 „�, �A aJ � � O C7 N N N O O O 1--� N r] � y � C �-*� cn �' r-� O O Ct �--� H h+ N � W O G7 +-� t-i t-+ tZl 3 9 � � � � N tV N N N N � N N N N N � � � � °z ° n �° � v�i H R' v"'�s �` -�3 � � � � y m � � z 0 � a � � y � � '-� n 3 y � � n t� or aot7t� ° rn W � NNr� r� r-� raw �n �nto � m ro rn m m rn rn � n ,,,C� y � ° ° ,°A �°,� �,°, ° a> vrncn �. a o 0 0 0 o a N � it rr fr rr rr ' r: W N Q Fd � � � o 0 0 �' � dm ac � a�i c c � a � o � a � � � x '�- @ n a �°- S � �. S 3 `4 m � B � o � aro. � � fto a. ni su G: a.f, t�.�� m m � C f�c „f6,i a� m -� -3 � � � Gy � x � oo ;n �a ;� ;�a � o "` .-,- � �,y r�o �* ^ w w � try � r�n y � ca � o � m ro ° m � � �v � � � � � � � � � n C w ❑ „�� w �-s �s -s �. :D. �' G.A.� tu rr b7 y � 7c' � y Q � y �; 4 xx � xn y nc� �, �'rn ; ° � a�i w :h c�9 p � �co �r�n �n�rn � � � � � -�i C� � m " w ~ �! o °' o o ro �° � � �v � Q� �� T � N � ti m � � �. n� � �� m � � v�, ctc � �'`� y m ro m m �. �QV^,. ?" �Q y^ c ° r^�n � � -�s -�s � m �n � � e-r a o a � �, Z � � � � .a � � � ro yp @ �n vs � � < � n � o c C . tD Z y a o�m a� o o � o Q ° ro � a � =' c�c @ o � � a � � o o � � Yn'' �� `e �� m m `c °'_ n � `�° ° a ° � � n o� �'. M � � `� � � o �o c7� c°�nn�'i p� � Bt�'v m �: aa � � � ��o -,, � m £�' o � � ccr -on, � � �w r.i ..ti+ m � m h� b .�-r. ° m �, � c�i, .�� b � m aR't �rn �w ,G-', G, a o, �-r ��40 �,;V t�-� 61 � � �y �Ll" ry � � .,� m � v�i `��. m v' T�' "� � � n � N � N�� ,.�.�, N� N � N L7' N m = � � ,[�y �' �n ' � y �* � ��.O O tJ't O �N O � � a ,�.�. � tD �7 � N �y' �-�i p N cn lT �' �' � � �A � N � N �-+ N fD ^t y w• k r"�„ '� rr � \ N fb a a N r� N ' N � � ai � ro s�„m m e-� � o r�n a, � y ,� '+ `C p �p� � .�.t � N rr rv 7J � U1 . O m ''�' DC � rY-n, '''�S' N O O � W W - �^�'n �7�q .'L �' l� ^�f � �'i ��+r � � W �q Q � K 14 '"' � � � (it �' N W rt ..� p� � � (p Q {� e-r � tn "'� 1--' � t3+ �7 "S W `"� N V1 n N a � O O N yC�, O � � "� � r�" p�y � � A� � q �A�i � ,�- � � � N �. .- "O � W `G ? rr � iA Q � � 1'�'I O � fr4 64{A H3 (�(A tfi bY i�i b`>�64�if4{R � HY�69 1!h�fv9'� tvA f/i 1-� &'t�fR Y b4 59 V3 O uY h� CY .? W h-+ N N N tJ F-� h-� .P tli O N N tIi N N N t-+ N �O tT f-+ N `--� lV r-+ O'� fT(n Cfl�A V O Q� .p w w W N .p W V N w [V W N .P N U1 `�.7 W Cn W�C7 O O d �D F-� N �--� W �P �T N N N O O� OJ V 47 �-+ O'� W O� .P V W V(n Vl fT O O O� t3� W W W N N Ul �A �D U"t O Ch Cn CJl O W W G} N U'1 CJ't N W �,O tib iV Cb� O Cn N F�' r--` !--' 4ti �P N V N 4 �--� O� Ui O 'tJ't r-� O� t7t O1 h1 N O �.I �{J�i tFt',d CO O tiCk V .P �A .P i-� � N V C? O O} ffJ O O h} .A O hJ l--� N tD O G7 , /+�� V ��