HomeMy WebLinkAbout09-09-13 IN RE: ESTATE OF GWYN M. : IN THE COURT OF COMMON PLEAS OF
WERTZ, LATE OF : CUMBERLAND COUNTY, ,PENNSYLVANIA
HAMPDEN TOWNSH I P, : ORPHANS COU� D I V I�IV ��, =='
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CUMBERLAND COUNTY, : ESTATE NO. ��2012r,,132:5 :�
PENNSYLVANIA, Deceased . a� =�=' _ � ',
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FAMILY SETTLEMENT AGREEMEI�T,� ��' �.� ,
RECEIPT AND RELEASE �;�- �'.' ; ; r
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WHEREAS, GYWN M. WERTZ, late of Hampder�? TownsYrip, ��� � ;
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Cumberland County, Pennsylvania, died on September 18, 2012,
having first made her Last Will and Testament in writing dated
April 2, 1996, which since her decease was duly probated before
the Register of Wills of said Cumberland County and Letters
Testamentary issued to DAVID W. POTTS, the Executor named in
the Last Will and Testament of said decedent and;
WHEREAS, the said DAVID W. POTTS is the surviving spouse
of the said decedent, as well as her sole legatee and
distributee, and is the only person interested in her Estate;
NOW KNOW ALL MEN BY THESE PRESENTS, that I, DAVID W.
POTTS, being the only beneficiary sharing in the distribution
of the Estate of said decedent, do hereby declare and say that
I have examined the Account and Statement of Proposed
Distribution of DAVID W. POTTS, Executor, as aforesaid, for the
period ending September 6 , 2013 , and find the same to be
accurate and according to law, and I, DAVID W. POTTS, sole
beneficiary as aforesaid, do hereby acknowledge that I, this
day have had and received of and from DAVID W. POTTS, Executor
of the Estate of GWYN M. WERTZ, the cash or property set
LAW OFRCES
MARLIN R. McCALEB opposite my name in the above stated Statement of Proposed
Distribution, in full satisfaction, payment and discharge of
all claims I have or may have against the said Executor or
against the Estate of GWYN M. WERTZ, Deceased, and all interest
accrued thereon, except as aforesaid.
NOW, THEREFORE, I, the same DAVID W. POTTS, distributee as
aforesaid, do by these presents, remise, release, quit-claim
and forever discharge each other and the said DAVID W. POTTS,
Executor, his heirs, executors and administrators, of and from
my distributive share of the Estate as set forth in the said
decedent' s Will and from all actions, suits, payments,
accounts, reckonings, claims and demands whatsoever under the
said decedent' s Will, or by contract, or under the intestate
law of the Commonwealth of Pennsylvania, or by reason of any
other act, matter, cause or thing whatsoever, from the
beginning of the world to the day and date of these presents,
except for any obligations arising under this Family Settlement
Agreement, Receipt and Release .
AND desiring to avoid the delay and expense of the
settlement of said Estate by filing a written Account of said
administration in the Office of the Register of Wills of said
County and by having the balance in the hands of the Executor,
as shown by said Account, distributed by the Court of Common
Pleas of Cumberland County - Orphans' Court Division, I do
hereby agree that the within Family Settlement Agreement,
Receipt and Release concerning the matter of settlement may be
LAW OF�ICES
MARLIN R. McCALEB —2—
recorded with the same effect upon me as if the same had been
reported upon by said Court, and a decree of distribution made
on such report by the said Court of Common Pleas - Orphans'
Court Division.
AND in consideration of the aforesaid settlement being
made without the aid of such Court of Common Pleas - Orphans'
Court Division, I, the said DAVID W. POTTS, distributee, do
hereby agree that if any debts or demands other than those
already paid by the said Executor of the Estate of GWYN M.
WERTZ, Deceased, shall be hereafter recovered against the
Estate of said decedent and be legally payable out of the same,
that I will return to the said Executor such amount thereof as
may be necessary to pay such debts or demands .
IN WITNESS WHEREOF, I h�ve hereunto set my hand and
seal this � day of _�,�f�-�� , 2013 .
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David W. Pot s
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David W. P ts
Executor, Estate of
Gwyn M. Wertz
LAW UFFICFS
MAKLIN R. McCALEB —3—