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Home My WebLink About08-08-13 . � ESTATE OF ELMER N. WERTZ FILE N0. 21-I�-071$ FAMIL� SETTLEMENT AGREEMENT RECEIPT .AND RELEASE WHEREAS, ELMER H. WERTZ, late of the Town�hip cqf _. -;-,� �_ � a t`"",a c._,.a ��-,-� 9' .n5 Zower Allen, Caunt� of Cumberland, Commonwealth of � w � a-' �� p-�� - �... c�� v , Pennsylvania, died an May l�, 2012, having first m��d�w ]�.�.s � �� , . ,.. . , ..., Last Will and Tes�.ament in writing dated March 17, `ry�l�-�7�, � � i�� . �._. dM....�, tisi., � .,...;,,4 , .,� .,.,. .,...J,�.. i t....�F �.�., which since his decease was duly prabated before t�e��a �� ,��.� m�� , � �� Register af Wills of said Cumberland County and Letters �� g Testamentary issued to Robert H. Wertz, Executor named in the Last Will and Testament of said decedent; and WHEREAS, R.OBERT H. WERTZ, JAMES M. WERTZ, SANDRA WERTZ WALLACE and NED C. WERTZ are the heir� and next of kin flf the said decedent and the only person� interested in his Estate; and NOW KNOW ALL MEN BY THESE PRESENTS, that we, ROBERT H. WERTZ, JAMES M. WERTZI SANDRA WERTZ WALLACE and NED C. WERTZ, being the onl�r benef iciaries of the Estate of said decedent, do hereby declare and say that we have examined. the Account and. Sta�ement of Proposed. Distributian of RQBERT H. WERTZ, Executor as aforesaid, for the period ending July 17, 2013, and find the same �o be accurate and according to law, and we, ROBERT H. WERTZ, J.AMES M. WERTZ, SANDRA WERTZ WALLACE and NED C. WERTZ, beneficiaries as afaresaid, do hereby acknowledge tha�. we this da�r have had. and received af and. f rom RC}BERT H. WERTZ, Executor uncler the Last Wi 11 and Testament of ELMER H. WERTZ, the cash ar property set opposite our names in the above stated �tatement of Proposed LAW ClFFiCGS MAR��N rz. M�cA�E� Distribution, in full satisfaction, payment and discharge of � � , . all claims we have or may have against the Estate of ELMER H. WERTZ, Deceased, and all interest accrued thereon. NOW, THEREFOREJ W�J the same ROBERT H. WERTZ, JAMES M. WERTZ� S�s,RTDRA WERTZ WALLACE and NED C. WERTZ, the . ben�ficiaries as aforesaid, do b� �hese presents remise, release, quit-claim and farever discharge the said ROBERT H. WERTZ, Executor, his heirs, executors and administrators, af and from our distributive share of the Estate as se� forth in the S�atement of Proposed Distribution aforesaid, and of and from all actionsj suits, payments, accounts, reckonings, claims and demands wha�soever, for flr by reasan of any other act, matter, cause or thing whatsoever, from the beginning of �he world to the day af the date of these presents, except for any obligations arising under thi� Family Settlement Agreement or under the Statement of Propo�ed Distribu�ion. AND desiring ta avaid the delay and expense of the settlement of Said Estate by filing the foreg�ing Account of said administration in the Office of �he Register of Will� af said County and having the balance in the hands of �he EX�CUtOrr as shown by said Account, distributed by �he Court of Cammon Pleas of Cumberland County - Orphans' Court Division, we da hereb�r agree that �he within Famil� Se�tlement Agreement concerning the matter of settlement may be recorded with the same ef�ec� upon us as if the same had been reported upon by �aid Cour�, and a decree of tAw c7FFieEs MARLIN R. McC:ALEB distribution made on such repor�. by the said Court of Common Pleas - OrphanS' Court Divisian, AND in consideratian of the aforesaid settlement being made withaut the aid of such Court of Common Pleas - �rphan' s Court Diviszon, that we, ROBERT H. WERTZ, J��MES M. WERTZ, SANDRA WERTZ WALLACE and NED C. WERTZ, beneficiaries as aforesaid, do hereby agree that if any debts ar demands other than �hose included in the aforesaid Account of the said ROBERT H, WERTZ, Executor af the Es�ate of ELMER H. WERTZ, Deceased, shall be hereafter recovered again�t the Estate of the �aid decedent and be legally payable out of the same, that we will return ta the said Executar such amount thereof as may be necessar� to pay such debts or demands. The signa�ure page or pages may be executed by the partie� hereto in several counterparts (ane by each signatory hereto} , each of which is an original and all of which taken tagether shall be deemed and considered as part of the original document herein. IN WITNES� WHEREOF, we have hereunto set our hand� and seals this �� day of �S , 2013 . (SEAL) Raber�G H, ertz (SEAL} James M. Wertz {SEAL} : Sandra Wertz Wallace �SEAL) Ned C. Wertz LAW C3FF(CES MARLIN R. McCALE6 —3 — Pleas - Orphans' Court Division. AND in consideration of the aforesaid settlement being made without the aid of such Court of Common Pleas - Orphan' s Court Division, that we, ROBERT H. WERTZ, JAMES M. WERTZ, SANDRA WERTZ WALLACE and NED C. WERTZ, beneficiaries as aforesaid, do hereby agree that if any debts or demands other than those included in the aforesaid Account of the said ROBERT H. WERTZ, Executor of the Estate of ELMER H. � WERTZ, Deceased, shall �e hereafter recovered against the Estate of the said decedent and be legally payable out of the same, that we will return to the said Executor such amount thereof as may be necessary to pay such debts or demands . The signature page or pages may be executed by the parties hereto in several counterparts (one by each signatory hereto) , each of which is an original and all of which taken together shall be deemed and considered as part of the original document herein. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of Jul_y , 2013 . (SEAL) R bert H. Wertz ` �?iy�-f:%� (S EAL) James M. Wertz (SEAL) . Sandra Wertz Wallace � (SEAL) Ned C. Wertz LAW OFFICES MARLIN R. McCALEB —3 — Pleas - Orphans' Court Division. AND in consideration of the aforesaid settlement being made without the aid of such Court of Common Pleas - Orphan' s Court Division, that we, ROBERT H. WERTZ, JAMES M. WERTZ, SANDRA WERTZ WALLACE and NED C. WERTZ, beneficiaries as aforesaid, do hereby agree that if any debts or demands other than those included in the aforesaid Account of the said ROBERT H. WERTZ, Executor of the Estate of ELMER H. WERTZ, Deceased, shall be hereafter recovered against the Estate of the said decedent and be legally payable out of the same, that we will return to the said Executor such amount thereof as may be necessary to pay such debts or demands. The signature page or pages may be executed by the parties hereto in several counterparts (one by each signatory hereto) , each of which is an original and all of which taken together shall be deemed and considered as part of the original document herein. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ��day of , 2013 . (S EAL) Robert H. Wertz (S EAL} J mes M. Wertz � ' AL) Sandra Wertz W lace (SEAL) Ned C. Wertz LAW OFFICES MARLIN R. McCALEB —3 — Pleas - Orphans' Court Division. AND in consideration of the aforesaid settlement being made without the aid of such Court of Common Pleas - Orphan' s Court Division, that we, ROBERT H. WERTZ, JAMES M. WERTZ, SANDR.A WERTZ WALLACE and NED C. WERTZ, beneficiaries as aforesaid, do hereby agree that if any debts or demands other than those included in the aforesaid Account of the said ROBERT H. WERTZ, Executor of the Estate of ELMER H. WERTZ, Deceased, shall be hereafter recov�red against the Estate of the said decedent and be legally payable out of the same, that we will return to the said Executor such amount thereof as may be necessary to pay such debts or demands. The signature page or pages may be executed by the parties hereto in several counterparts (one by each signatory hereto) , each of which is an original and all of which taken together shall be deemed and considered as part of the original document herein. IN WITNESS WHEREOF, we have hereunto set our hands and seals this � ±�da of �� , 2013 . �_ y y (SEAL) Robert H. Wertz (SEAL) James M. Wertz (S EAL) Sandra Wertz Wal ace (.. L c (SEA ) Ned C. Wertz LAW OFFICES ` MARLIN R. McCALEB —3 — COMMONWEALTH OF PENNSYLVANIA) : SS COUNTY OF CUMBERLAND) On this, the ,•� � day of _� 5 , 2013, before me, a Notary Public in and for the State and County, the undersigned Officer, personally appeared ROBERT H. WERTZ known to me (or satisfactorily proven) to be the said person whose name is subscribed to the within instrument and acknowledged he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal . � Notary Public My commission expires : (SEAL) �c�r��a��.�r��NC�s�r�.��r�� ;��s�� Marfin�.'Mc��e5,�'lotary Publ�c Mechanlcsburg Basa,��14,2014 �!y C�mrnission Expi MFr±��p,�'f�r�r{5;t"`�'"� y�AS5(?t;EAT10*1 OF t�OTARIES LAW OFFICES ' MARLIN R. McCALEB —4 — COMMONWEALTH OF PENNSYLVANIA) : SS COUNTY OF CUMBERLAND) �K�. On this, the �� day of , 2013, before me, a Notary Public in and for the State and County, the undersigned Officer, personally appeared JAMES M. WERTZ known to me (or satisfactorily proven) to be the said person whose name is subscribed to the within instrument and acknowledged he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal . �� Notar Public My commission expires : � �'� (SEAL) �OMMONWEALTH OF PENNSYLVANIA Notarial Seal Wi(liam D.Wierman,Notary Public New Cumberland Boro,Cumberland County My Commission Expires Sept.15,2016 MEMBER,PEf�NSYLVANIA ASSOCLATtON OF NOTARIES LAW OFFICES MARLIN R. McCALEB —S — COMMONWEALTH OF PENNSYLVANIA) : SS COUNTY OF YORK) On this, the a�0� day of , 2013, before me, a Notary Public in and for the State and County, the undersigned Officer, personally appeared SANDRA WERTZ WALLACE known to me (or satisfactorily proven) to be the said person whose name is subscribed to the within instrument and acknowledged she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMCDNWEp►LT'�i 0�PEiUNSYl1/ANIA Notartal Seal �� ,� Barbara 7.Hoffman,Notary Pubiic Hanover Boro,Yor�counc� No t a ry Llb 11 C r'�'commi�°"�r�A�,g.ll�2d�a c omm i s s i on e xp i r e s : GlA,¢//a?0/ (S EAL) Member.Pen�s+rlvanla A��+r.ta�t��►,�'p�c�fles LAW OFFICES ' MARLIN R. McCALEB ` -6- ' 'r � STATE OF KENTUCKY) : SS COUNTY OF ) On this, the �� day of � , 2013, before me, a Notary Public in and for the State and County, the undersigned Officer, personally appeared NED C. WERTZ known to me (or satisfactorily proven) to be the said person whose name is subscribed to the within instrument and acknowledged he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal . . � �� . � � �� No t a ry Pu l i c � �� My commission expires : � � aDr� csE��L��;�';.: � �, ' �'�.;p��' • �.. „ � �.�.ti" ►a ;"`4 � . y, y ,� ' ��' "°,a.f �'"y�• ,: . ° ,; , fir 8 i F 4.. ,...�.*o r.r_. :A U � ' . tm,� c �.� � _ -0 t ~ 4 � '� �� « • ,' � � Q� '� �. �s4 � . •Q Fvr �• '{~Y . ,. �B�aii'19M.o" ,�� h. f. �1s � . :y 4~ • `` ..1,�^.. . �at".. LAW OFFICES ' MARLIN R. McCALEB —]—