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Home My WebLink About08-20-13 . . ' F'.�FILES\Clienu\IIS)6DunklebergerEeule\145]6.I.SMlemmugreemml.wpd RECO��_� ;�;�IC� OF ESTATE OF BENJAMIN R. DUI�l��.�EI�-�Y`•:':-LS FAMILY SETTLEMENT A�1��ld4�tQT R� 1 i OO THIS AGREEMENT,made this �� day of_� +�'��`�+� ��' 2013,between Janet � T R.Dunldeberger,Administratrix of the Estate of Benjamir(�{��l�j�pe�`Ac�inistratrix"),and Janet R. Dunkleberger, Mary Jane Mentzer, Pauline D. Hollenbaugh and Robert D. Dunkleberger (in their individual capacities) (collectively referred to hereinafter as the "Beneficiaries"). WITNESSETH: WHEREAS, Benjamin R. Dunkleberger("Decedent")died intestate on October 16, 2008; and WHEREAS, the said Mary Jane Mentzer, Pauline D. Hollenbaugh and Robert D. Dunkleberger renounced their right to serve as Administratrix; and WHEREAS, Letters of Administration were issued by the Register of Wills of Cumberland County,Pennsylvania,to Janet R.Dunkleberger,Administratrix,on January 13,2009,and docketed at No. 21-09-0037; and WHEREAS, the Administratrix has truly and appropriately administered the Estate of the Decedent; and WHEREAS, the Administratrix has filed the appropriate Pennsylvania lnheritance Tax Return for the Estate and the Retum has been audited with a determination being issued by the Pennsylvania Depaztment of Revenue accepting the Retum as filed; and WHEREAS, the Administratrix will file the appropriate Pennsylvania and Federal Income Tax Returns for the Estate; and WHEREAS, the Administratrix has accomplished the payment of all obligations owing on the Decedent's Estate, except for any final income t�es and attomeys fees for which funds have been reserved; and WHEREAS,the Administratrix provided the opportunity to all Beneficiaries to examine the receipts and disbursements as set foRh in the estate checking account ledger; and WHEREAS, the Administratrix has made various partial distributions to the Beneficiaries; and WHEREAS,the Administratrix is prepazed to achieve the final distribution ofthe DecedenYs Estate subject to the reserve as set forth in the Statement of Account dated Mazch 15, 2013; and Page 1 of 4 �� __ A i WHEREAS, tha Administratrix and all Beneficiaries desire that the administration af the Estate of the Decedent be terminated withont the expense and delay of a court accaunting and the Parties are willing to enter into this Estate Settlement Agreement in order to expedite the conclixsion of the Estate; and • WHEREAS, the Administratrix desires to make a distribution to the Beneficiaries, pay attomey's fees owing, retain certain funds in order to finalize any tax returns and any other miscellaneous obligatians that rnay accrue, with any retained funds ta be disMbuted to ihe Beneficiaries at a later date. NO W,THEREFORE,the parties in consideration af their mutual covenants herein expressed and intending to be legally bound hereby, agree as follows: 1. The abave-named Benefieiaries hereby waive the filing of a Farmal Accounting and 3chedule of Distribution in the Estate of the Decedent. z. The parties acknowledge that they have been provided with an opportunity to examine all paperwork and accounting of all expenses and revenues from the Estate of the Decedent,and further state thaL they have reviewed and approved the Statement of Account Dated March 15,2013,that is attached hereto as E�thibit"A." 3. The parties acknowledge that should any liabiliiy come due Yo the Estate of the said Decedent after the signing of this Agreement, they hereby covenant and agree that they will contribute pro rata their share of the Estate to satisfy any and atl ciaims, demands,suits, ar causes of action which may be sucoessfully prosecuted against the said Bstate or the aforesaid Administratrix after the signing, sealing and delivery of this Estate Settlement Agreement. 4. The garties agree that the Administratrix may distribute the remaining assets of the Estate equally between Janet R. Dunkleberger, Mary Jane Mentzer, Pauline D. Hollenbaugh and Rabert D. Dunkleberger subject to any retention of funds which the Administratrix feels is appropriate in order to pay any taxes ar contingent bills. In the avent any funds are retained and after payment of any bil ls,the Administratrix will split equally the balance remaining between 3anet R.Dunkleberger, Mary dane Mentzer,Pauline D.Hollenbaugh and Robert D.Dunkleberger without any further action required by the parties. Page 2 of 4 5. The parties hereby forever release, compromise, settle and dischazge any and all claims, demands, actions or causes of actions,legal or equitable,absolute or contingent which any of them may have against any other party hereto or against the Estate of Benjamin R. Dunkleberger or its Administratrix,Janet R. Dunkleberger,or either one of their attorneys or accountants,by reason of any matter or thing growing out of or relating to any property or assets of said Estate, or growing out of or relating to any act of the Administratrix in the administration of the Estate. This Release shall release the Administratrix from all liabilities, whether due to her negligence or otherwise, which she may have by reason of her administration of the Estate. This Release,however,shall not release the Administratrix from any claims relating to fraud or claims relating to any willful action of the Administratrix in failing to disclose or account for assets of the Estate which the Administratrix may have received. Furthermore,this Release shall not be binding until signing of this Agreement by the Administratrix and all named Beneficiaries. 6. Each party acknowledges that he or she may present this Agreement to their own private attorney for legal advice if such parties desire such individual legal advice. 7. The parties agree that this Agreement shall be binding upon themselves, their successors, assigns and personal representatives. [Signature lines on following page] Page 3 of 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ESTATE OF BENJAMIN R. DUNKLEBERGER I ` � � � anet R. Dunkleberger, Administratrix WITNESS: BENEFICIARIES: �, � ��' anet R. Dunkleberger � Mary Jane Mentzer Pauline D. Hollenbaugh Robert D. Dunkleberger Page 4 of 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and yeaz first above written. WITNESS: ESTATE OF BENJAMIN R. DUNKLEBERGER Janet R. Dunkleberger, Administratrix WI'fNESS: BENEFICIARIES: Janet R. Dunkleberger �, ,J�-,�.�"h Mary J Mentzer Pauline D. Hollenbaugh Robert D. Dunkleberger Page 4 of 4 � , . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and yeaz first above written. WITNESS: ESTATE OF BENJAMIN R. DUNKLEBERGER Janet R. Dunkleberger, Administratrix WITNESS: BENEFICIARIES: Janet R. Dunkleberger Mary Jane Mentzer �n..��..p L�o-.. .... Fp,� , Pauline D. Hollenbaugh Robert D. Dunkleberger Page 4 of 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and yeaz first above written. WITNESS: ESTATE OF BENJAMIN R. DUNKLEBERGER Janet R. Dunkleberger, Administratrix WITNESS: BENEFICIARIES: Janet R. Dunkleberger Mary Jane Mentzer Pauline D. Hollenbaugh �� U �A-f.h.t�; l� U"�c�.Nr.lv�L f•...�...t.-_� RobeR D. Dunkleberger ' Page 4 of 4 F'.�YILES\Climb\10536 DunklebergerE�teu\1/536.I.wtdnen�nfeccauntwpd ' BENJAMIN R. DUNKLEBERGER ESTATE No. 21-09-0037 � STATEMENT OF ACCOUNT DATED MARCH 1 S. 2013 Balance for Distribution per Statement of Account to Mazch 15, 2013 $ 88,589.82 Reserve for Administratrix' Commission $ 12,409.00 Reserve for attomeys' fees and expenses, and preparation for estate income tax returns, $ 15.000.00 along with potential taxes and penalties. FINAL BALANCE FOR DISTRIBUTION: $ 61•180•g2 SCHEDULE OF DISTRIBUTION: To: JANET R. DLINKLEBERGER Cash: $ 15,295.21 To: MARY JANE MENTZER Cash: $ 15,295.21 To: PAULINE D. HOLLENBAUGH Cash: $ 15,295.20 To: ROBERT D. DLJNKLEBERGER Cash: $ 15.295.20 TOTAL DISTRIBUTION: $ 61.180.82 Exhibit "A"