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Home My WebLink About08-05-13 �.� � � c� � � c�-� $' ,-:� ---: �<a � W �'- _._ � � � G� �i7 � �7 �. f� p.�j �,�.� � � f��"6 � �;� �;:�Y � �� =� ry C.? C� -� "r1 _y� � `--ti _°3 _,'y ��-� t,� - , `;� r�= �, k=,"q z7 - � c-:� �_ m _.� e� p E r � `T1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-12-1109 ------------------------------------------------------------------------------ ESTATE OF WII.LIAM ROBERT WALP, DECEASED Late of Cumberland County , PA ------------------------------------------------------------------------------ FAMII.Y SETTLEMENT AGREEMENT AND RELEASE OF HULETT H. ASKEW, EXECUTOR Date of Death: October 8, 2012 Letters Granted: October 12, 2012 First Complete Advertisement of Grant of Letters: November 23, 2012 Account stated to June 25, 2013 John C Oszustowicz, Esq. 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 � AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Hulett H. Askew, Executor of the Estate of William Robert Walp, Deceased and Cathy Askew, Susan French and Ellen Khoshkish. WHEREAS, William Robert Walp died October 8, 2012, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of William Robert Walp dated August 14, 2007, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-12-1109 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Hulett H. Askew on October 12, 2012; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in ITEM 3: He gave and bequeathed his tangible personal property as follows: A. His newest chest, screen, lady's desk, round table, and Asian blue lamp to his daughter Ellen: B. His loveseat, wooden wren, coffee table, plates from the dining room, cement birds, pitcher and lamp sets to his daughter Susan: WHEREAS, in ITEM 4: He gave and bequeathed all of the rest, residue and remainder of his estate in equal shares unto his children Cathy, Ellen and Susan. WHEREAS, Cathy Askew, Susan French and Ellen Khoshkish, have been furnished with a complete listing of the estate assets, receipts and disbursements; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid t1Te expense, delay and publicity of a formal accounting. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. Cathy Askew, Susan French, and Ellen Khoshkish., do hereby release and forever discharge Hulett H. Askew, Executor, from any and all liability which he had or may have or which may from time to time arise in connection with his service as Executor of the Estate of William Robert Walp, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against their shares of said estate, and in consideration for said distribution, hereby agree to refund any amounts so distributed which may be required to fully discharge any tax liability of the estate, debts of the decedent, or administration expenses. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, executors, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this _ � ��"day of , 2013. �-��.�, � - � ��v./� Witness ` Hulett H. Askew, Executor �• � . Witness , Cathy Aske , Beneficia y �� Witne Su nch - _------� Witness Ellen �hoshkish, Beneficiary �m,-,.,pv,.�,.� �. � �� . , � ��`,.* ��- C�.. (� C� �...� LAST WILL AND TESTAMENT OF WILLIAM ROBERT WAL.P I, WiL�IAM ROBERT WALP, of Cumberland Caur�ty, Pennsyivania, do make, pubCish and declare this as and for my Last Wiil and Testament, hereby expressfy revoking ail wilis and codicils made by me heretofore, and dispose of my estate as foilows: ITEM 1: ! direct the payment of my just debts and funeraf expenses, including a suitable and proper grave rnarker, as saon as convenientty can be done faliowing my decease. 1TEM 2: 1 direct that all State and Federa! Transfer inheritance Tax, Es#ate Tax, Succession Tax ar any ather tax, ineluding any interest, assessm�nts or penalties thereon, that may became due and payab(e by virtue of my death, ar by virtue of the passing of any property either under my Las� Wili and Testament, or in any other manner, shall be paid from my residuary estate, just as if such taxes were my debts, and no beneficiary shail be required to pay ar refund any part thereof. fTEM 3: I give and bequeath my tangible personal property as follows: A. my newest chest, screen, lady's desk, raund tabie, and Asian blue lamp to my daughter, ELLEN; B. my loveseat, woaden wren, caffee table, plates ir� the dining raam, cemen# birds, pitcher and larnp sets to my daughter, SUSAN; and C. ail my other tangible personai property found in my residence at my death to Ch�pel Pointe or sald as its representative shafi determine. The praceeds af any sale shail be distributed to Chapel Pointe Benevolent Fund. ITEM 4: Ali of the rest, re�idue and remainder of my estate af whatsoever nature and wheresoever situate, f give, devise and bequeath in equa! shares unta my children, CRTHY, ELLEN and SUSAN. if a child af mine does not survive me, but has issue who survive me, then that deceased child's share of the residuary estate shall be distributed to the issue, per stirpes of such child, subject to tl�e provisions af lTEM 5. If a child daes nat survive me and does not leave issue who survive me, then that deceasad chifd's share af the residuary estate shall lapse. ITEM 5; I further direct, anything hereinbefore ta the contrary natwithstanding, that in the event any or all of the distributions provided under ITEM 4 be to a beneficiary or ben�ficiaries while she, he or they are stil! �ander the age of twenty-one (21} years then suc1� distribution(s) shal! be made to the Custodian appointed in fTEM 10, as custodian far such beneficiary until a�e twenty-one (21} under the Pennsylvania Unifarm Transfers to Minors Act, 2Q Pa.C.S. §�5301 et. seq. The foregoing is intended ta eomply with the requirements of 24 Pa.C.S. §5321 and shaif appiy to any beneficiary under the age of twenty-one (2�) years. � � ITEM 6: ln the administration of my estate my Executar shal! have the following pawers without leave of court in addition ta, but not in limitatiQn af, #he powers granted by faw to the Executors of estates, which powers shall continue after the termination af my estate until actual distr'rbution of ihe assets: A. Ta receive in the estate and ta retain any assets, real or persanai, #o which I may be entitled at the time of my death, which my Executor may deem far the best interest of the estate without being required to canvert said assets into sa-called "legal investments". B. To invest and reinvest in such securities as a prudent investar of intelligence and discretian would �uy for himself for investment, and not far specu(atian, giving due regard to the safety of the principaf and the adequacy c�f the incame, and without being limited to the sa-called "legai investments"' of the Cvmmonweaith c�f Pennsylvania, said ir�vestment authority to include the right to invest in any Discretionary or Legal Common Trust Fund tha# may be administered and managed by a Corporate Executor ar Corpc�rate Trustee. C. To seN or buy reaf estate withaut Caurt order at public or priva#e sale; to make, execute and deiiver or receive good and sufficient deeds of conveyance and give ar receive good title therefor; to reinvest the proceeds as if they had originated in persanal property; to martgage or encumber any real estate comprising part of my estate, t borrow'rng the necessary funds firom himseif or from any other source; to improve any property or otherwise expend princip�l funds for the upkeep and welfare of any properties; to release, vac�te and abandon the same; to grant and acquire licenses and easements with respect thereto; to make improvements to or upan the same; and in generai ta da all things necess�ry in the management af the praperties as if he is the awner thereof, including the right to let property and to make feases fc�r any term. The purchaser shall not be reguired to see ta the proper appiication c�f proceeds but may pay the same over to the Executor selling the same. D. To make distribution hereunder in cash ar of property and securities in kind at fair market value at the time of such distribution and in such a manner as to be fair, equitab(e and just ta all concerned. Distributions of praperty and securities are nat required to be identica! arnong the beneficiaries, and some may receive one type of property or security while another may receive another type of prope�ty ar security. E. Ta exercise any election or privifege given by the federal and ather tax laws, incfuding but not Cimited to, the electian of the alternate valuation date for federal estate tax purposes, the efection to ciaim deductions for federai estate tax or for federa! income tax p�arposes, and the eiection of the method of payment of pensian, profit- sharing, HR-10, individuai retirement account, and any other similar benefits. !n addition, my Executor, in his sole discretion, may make or not make equitable adjustment among the beneficiaries, without the consent af the beneficiaries, for the �i exercise or non-exercise af any electian or privileges. iTEM 7: If, for any reason, a guardian over the estate of a beneficiary or beneficiaries is needed or required, the Custodian appainted under ITEM 10 shall be the guardian of the estate af such beneficiary or beneficiaries, with the same rights, pawers, privileges, duties and responsibifities as i have given to him ar her as Custodian. lTEM 8: All references in my Wii! ta issue shall include those barn ar adapted, either before or after the date of my WilL Adapted persons shali be considered as children of their adoptive parents, and they and their descendants shaN be considered as issue of their adaptive parents, regardless of the date of the adoption. ITEM 9: ! nominate, constitute and appoint my son-in-law, HULETT H. ASKEW, ta be Executar of this, my Last Will and Testament. ff my son-in-iaw, NULETT is unable or unwilling ta serve or continue to serve as Executor, i appoint my daughter, CATHY ASKEW as Executrix af this, my �ast Wii� and Testament. (f my daughter is unabie or unwilling to serve or continue to serve as Executar, I appoint JOHN C. OSZUSTQWlCZ ta serve as Executor of this, my Last Wili �nd Testament. Na Executor ar Custodian shail be required ta give band. fTEM 10: My son-in-law, HULETT H. ASKEW, shall be the Custodian af any Unifarm Transfer to Minars Act accounts established under lTEM 5. If he is unable or 5 .�v,_,�,,��,� ��.n,�.:� ,.._�,...,_� ,�.�.�� .��.,�w,. ,�,,.��,.��...��,.v.�y�_��m_.,�:��v,. �.�_,.��_�. �,�.. unwilling ta serve ar cantinue as Custodian, then my daughter, CATHY ASKEW, shaN serve as Custodian. ITEM 11: Wherever the cantext requires, the masculine gender shall include the feminine gender and neuter gender, and vice versa, and the singular shali incfude the piurai, and vice versa. � IN WITNESS WHEREC?F, I have hereunto set my hand and seal this ��`day of 1,�.{It l�'�C � t�� , 2Q07. �`. . ��,�; i'-� T ;/``-- / Signed, sealed, pub(ished, acknowiedged and declared by the above-named Testator, WILLlAM RaBERT WALP, as and for his Last Will and Testament, in the presence of us, wha, at his request, in his presence and in the presence of each ather, have hereunto subscribed our names as witnesses thereta. � � �� l' � t . � � _ ,. �'�� ) �- ! �, , �',,L� . ,��, ;. ; Of � ;f , ,� , �,, � /'��'"-'�� . �"'�-f".' _.._. �f '� ��1~ ( '-ir J `1 .�l � + �/ 1;'� f-- f � • -'i �C.. � � ��.. ( ♦ � COMM{�NWEALTH OF PENNSYLVANIA } } SS: C�UNTY OF CUMBERLAND ) I, WiLLIAM ROBERT WALP, Testator, wha signed the f�regoing instrument, having been duly qualified according to law, acknowiedge that I signed and executed the instrument as my free and voluntary act for the purposes therein contained. , . � t f � , �i WlLLIRN! R4 �f`?�': - -- Swarn to or affirmed and � �� -- � acknawledged before me by WILLIAM ROB,ERT WA(�P, ��yWE/1LTH OF f�ENNSY�VANlA Testator, this 1�' day rwoia�,s�, �► o� '�.�,� �� , � ` �,2D 7. �'�;aa ta.r�yior.rvoe�,y�,�� j ` Cartisle Boro.,Cumbertand Caunry + `�J ` `" r J�jl Mj'COf�itT11SSKN1�If@$OCf.2,�}la � � � �` r _.�. Qt I'y �U�1�IC _ , COMMONWEALTH QF PENNSYLVANIR ) } SS: COUNTY OF GUMBERLAND ) We, the undersigned witnesses wha signed the foregaing instrument, being duly qualified according to law, depose and say that we were present and saw Testator sign and execute #he instrument as his Last Will and Testament; that he signed and executed it wiliingly as his free and va(untary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses; that Testator is known to each of us; and that to the best af our knowiedge and observatian the Testator was at the time eighteen (�8) years of age or older, of sound mind ar�d under no constraint or undue inflt�ence. �,:�._._ � -, , �, -�"<--f -----� __-�-}. ;' � r Swarn to ar affirmed and subscribed to befiore me by.-��n C� C.- ; �i� s��-� c�` i ti r�- an� �,rr�� K. �'�,r r�, � :=�_ witnesses, thi�� Iay o ,�c�� c '�.�_____�, 2007. _ r �;. �`� '` % ---_ - ,>-=-_ � �1afa Public ` `��----___� CUMMt7NWEALTH�F PEtVNSYLVpNiA tVotanal Seai Trk�a D.Nayior,NWary Pubtic Ctutisle 8oro.,Cumberland County My COmrnission E�ireS{JCt.2,2010 j