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HomeMy WebLinkAbout08-15-13 IN THE MATTER OF THE ESTATE OF MARY JANE SHOOP DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-09-1049 c m ESTATE SETTLEMENT AGREEMENT X c m o Ml � n NM 2 p rn r- M zm un THIS AGREEMENT, made this\tk, day of April 2013. z �' o 0 O rnrn A O C WITNESSETH : m�-� � C> n THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Mary Jane Shoop(the"Decedent"),a single woman, died testate on August 30,2009, and Jeffery L. Shoop duly qualified with the Register of Wills of Cumberland County,Pennsylvania, as Executor(the"Executor") of Mary Jane Shoop's probate Estate (the "Estate"). 2. Paragraph Fifth of the Will provides as follows: "I give, devise and bequeath all the rest, residue and remainder of my property,be it real,personal or mixed,whatsoever and wheresoever the same may be situate at the time of my death in equal shares as follows: (a) One fourth of my estate is to pass to my son Raymond A. Shoop, III; (b) One fourth of my estate is to pass to my daughter,Patricia A.Edling; (c) One fourth of my estate is to pass to my son Jeffrey L. Shoop; and (d) One fourth of my estate is to pass to my son Martin D. Shoop, 3. Raymond A. Shoop,III,Patricia A. Edling,Jeffrey L. Shoop,and Martin Shoop(the "Beneficiaries") desire the Executor to distribute their bequests informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the 1 `N� Orphans'Court Division of the Court of Common Pleas of Cumberland County,Pennsylvania(the "Court"). 4. The Beneficiaries desire to forever settle and compromise any and all claims and rights which they may possess,now or hereafter, in the Estate and to confirm their acceptance of the Informal Account(the"Account")which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Beneficiaries desire that the terms of the Account be in full satisfaction of their rights in the Estate. 5. The Beneficiaries wish to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate or the Executor after the date hereof. 6. The Executor is willing to distribute the Beneficiary's bequest informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, jointly and severally, the Beneficiaries, for themselves, their heirs, personal representatives, successors and assigns: 1. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct, to the best of their knowledge, information, and belief. 2. Acknowledge receipt of a copy of the Account. 2 3. Declare that they have had the opportunity to review the Account and based upon an examination (or on his/her decision not to make such an examination), they are satisfied that they have sufficient information to make an informed waiver of their right to a formal ac- counting with the Court,and do hereby waive the filing and auditing of the same. 4. Accept the Account, examined or not, as if the same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5 . Acknowledgs that the amount received shall be in full satisfaction of their entitlement under the Will, and acknowledge that they have received their share. ' 6. Release, remise, quitclaim and forever discharge the Executor, his heirs, personal representatives, successors and assigns, from and against all claims that they, as residuary legatees and heirs had, now have, or may in the future have, in connection with the Estate. 7. Agree to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Executor, or by the Court, or by any court of competent jurisdiction to have been improperly made. 8. Agree to indemnify and hold harmless the Executor, his heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage(whether or not related to the negligence of the Executor)that may hereafter be asserted against the Estate or against the Executor. 9. Consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, and intending to be legally bound,the Beneficiaries have placed their hands and seals on the attached Consent to this Estate Settlement Agreement. 3 CONSENT TO ESTATE SETTLEMENT AGREEMENT I,Jeffery L. Shoop,hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Mary Jane Shoop, deceased, a copy of which Estate Settlement Agreement has been provided to me. JeMYL Shoo COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the Mme\�-, day of April 2013, before me, the undersigned officer, personally appeared Jeffery L. Shoop, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same in the capacity and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. COMMEN',"'.4UH 0' �F NN5YLVANIA Notary Public NOZ - "?: :';`a �_ SEAL Lori A. :ackeo tr;.,s Notary Public Lower A;;.—»: (:esanrland County I i MY cot "'.-S GCT.13,2015 6 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Raymond A. Shoop, III, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Mary Jane Shoop,deceased,a copy of which Estate Settlement Agreement has been provided to me. s' GL R and A. Shoop, III COMMONWEALTH OF MASSACHUSETTS ss: COUNTY OF MIDDLESEX On this, the A day of April 2013, before me, the undersigned officer, personally appeared Raymond A. Shoop, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same in the capacity and for the purposes therein contained. IN WITNESS WHEREOF,I hereunder set my hand and official seal. Notary Public SHARON F. LYNCH Notary Public W;VV1 WEALTH OF MASSAi;H MM h Commission Expires OctObOr 19,2,013. 4 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Patricia S. Edling,hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Mary Jane Shoop,deceased,a copy of which Estate Settlement Agreement has been provided to me. atricia S. Edling STATE OF CALIFORNIA 0/dn : ss: COUNTY OF L S On this, the 7-4 27 day of April 2013, before me, the undersigned officer, personally appeared Patricia S. Edling,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 in.the capacity and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my ha d official seal. JUSTIN HUNNEWELL FISK COMM#1814831 y Of , Notary Publio-Califomia 41 ORANGE COUNTY Notary public M Comm.Ex .DEC 2,2014 7 CONSENT TO ESTATE SETTLEMENT AGREEMENT I,Martin D. Shoop,hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Mary Jane Shoop, deceased, a copy of which Estate Settlement Agreement has been provided to me. M in D. Shooll COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND ��/ ✓ 4y On this, the day of.April 2013, before me, the undersigned officer, personally appeared Martin D. Shoop, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same in the capacity and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ULJ� IV Notary P lie C NWEALTH OF PENNSYLVANIA Notarial Seal Virginia M. Wessels, Notary Public Carroll Twp., York County My Commission Expires May 21, 2017 MEMBER PENNSYLVANIA ASSOpAT10N OF NOTAIUES 5 IN THE MATTER OF THE ESTATE OF MARY JANE SHOOP DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-09-1049 Exhibit A ASSETS 1. 2009 Federal Income Tax Refund $ 321.00 2. M & T Bank $ 3.357.27 3. American Century Investments $11,661.89 Account No.; 0000021-00000478561 4. Fidelity Investments— IRA $ 6,189.38 Account No.: 2BN-098795 5. Lincoln Financial Group $16,195.52 Account No.: 965854031 6. Lincoln Financial Group $19,183.42 Account No.: 96-5854032 7. Met Life—Annuity $50.107.96 Account No.: 2275211 TOTAL $107,016.14 IN THE MATTER OF THE ESTATE OF MARY JANE SHOOP DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-09-1049 Exhibit B DEBTS AND COSTS 1. McKenzie Mortuary Services, Long Beach, California $1,810.76 Care and preparation of remains for transport to PA 2. Neumyer Funeral Home $7,787.37 1334 N 2"d Street, Harrisburg, PA 3. Cumberland Law Journal $ 75.00 Estate Legal Advertisement 4. Pecht & Associates, P.C. —Copy, Letters of $ 6.00 Administration, Charles Robinson 5. Register of Wills, Cumberland County—Filing Fee $ 20.00 Inheritance Tax Return 6. Register of Wills, Cumberland County—Filing Fee $ 20.00 Estate Settlement Agreement 7. Register of Wills, Cumberland County—Filing Fee $ 15.00 Inventory 8. Register of Wills, Cumberland County—Probate Fee $ 84.00 9. The Patriot News $ 235.86 Estate Legal Advertisement 10. Gift& Associates, LLC—Preparation of 2009 $ 165.00 Federal and State tax returns 11. Miscellaneous items required by Mary Jane Shoop $2,814.00 while with daughter in California IN THE MATTER OF THE ESTATE OF MARY JANE SHOOP DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-09-1049 DISTRIBUTIONS TO BENEFICIARIES Exhibit C 1. Patricia S. Edling $22,620.79 2. Jeffrey L. Shoop $22,620.78 3. Martin D. Shoop $22,620.79 4. Raymond A. Shoop, 111 $22,620.79 TOTAL $90,483.15