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Home My WebLink About10-30-13 REC0R3J : =FIC- OF FAMILY SETTLEMENT AGREEMENT a',T 30 Fi i 2 06 This Agreement is executed as of the a`t " day of Oc�� 2013, by, Susan K. Mitchell and Craig B. Wisman, Co-Executors of the Estate of SHIRLEY L. WISMAN DECEASED, and Susan K. Mitchell and Craig B. Wisman ("Beneficiaries), OF " Gi.S 0,r;C` f WHEREAS, Shirley L. Wisman ("Decedent"), died testate on March�4F2E}93,Laii1d, C" ' f WHEREAS, on April 29, 2013, Letters Testamentary were granted by the Register of Wills of Cumberland County, Pennsylvania at No. 20-13-0459 to Susan K. Mitchell and Craig B. Wisman, ("Co-Executors"); and WHEREAS, it is the intention of the undersigned that the Co-Executors not be required to file an Account with the Court of Common Pleas of Lancaster County, Pennsylvania, Orphans' Court Division ("Court") and that the net Estate of the Decedent be distributed in accordance with the Final Will and Testament. NOW THEREFORE, the undersigned, with the intent of being legally bound hereby, mutually agree as follows: 1. In consideration of the Co-Executors not filing an Account with the Court and the distribution of the balance of the Decedent's estate to the undersigned in accordance with the Last Will and Testament, the undersigned hereby release and forever discharge the Co- Executors from all claims, causes of action, accounting and demands whatsoever, which the undersigned have or at any time hereafter may have against the Co-Executors which arise from or are the result of the administration, collection, management, investment, retention, sale or distribution of the Estate or the assets thereof. 2. This agreement is a full and final Family Settlement Agreement ("Agreement") by and among the undersigned. It has been arrived at and executed after a full and complete disclosure by the Co-Executors to the undersigned of the assets and liabilities of the Decedent's estate and the rights of the undersigned therein. 3. The undersigned agree that they will, or whenever necessary, execute and deliver to the Co-Executors or to any other person, all instruments and documents necessary or convenient to carry out the intention of this Agreement, and to permit, assist and enable the Co- Executors to fulfill their duties with reference to the Decedent's estate and all of the assets thereof. 4. The undersigned acknowledge receipt from the Co-Executors of the distributions set forth in the Accounting. The undersigned specifically agree, jointly and severally, to refund, on demand, to the Co-Executors all or any part of such distributions which shall be necessary in the future to discharge any claims against or liabilities of the Decedent's estate of which the Co- Executors and the undersigned may hereafter receive notice or shall be determined to have been improperly made. 5. This Agreement constitutes the entire understanding among the undersigned. The undersigned acknowledge that no prior representations or statements of any kind, written or oral, have been made to them by the Co-Executors or any other person acting upon their behalf except as set forth in this Agreement. 6. This Agreement shall inure to the benefit and be binding upon the undersigned, their heirs, personal representatives and assigns. 7. As used in this Agreement, the term "undersigned" shall mean "all of the undersigned or each or any of them" and in such case, they are jointly and severally liable and bound hereunder. 8. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute but one and the same Agreement. The undersigned have executed this Agreement as of the day and year first above written. Witness: �t ldav� - GkexJ( Susan K. Mitchell, Co-Executrix of the Estate of Shirley L. Wisman Witness:—/C Q az,/ " _ "- Craig B. isman, Co-Executor of the state of Shirley L. Wisman Witness: g . mai Susan K. Mitchell, Individually Witness: Craig B Wisman, Individually H BG D B:139334-1 028754-159699 PARTIAL RECEIPT AND RELEASE KNOW ALL MEN BY THESE PRESENTS, that I, Susan K. Mitchell, for and in consideration of the receipt of a partial distribution in the amount of SIXTY THOUSAND DOLLARS ($60,000.00) from the assets of the assets in the Estate of Shirley L. Wisman, paid to me this date by the Executors of the Estate of Shirley L. Wisman, the receipt of which is hereby acknowledged, do hereby remise, release, and forever quitclaim unto the said Executors, and their respective heirs, executors, administrators, any and all manner of actions, causes of action, debts, dues, claims and grants, both at law and in equity, against the Executors, in their individual capacity and also in their capacity as Executors of the Estate of Shirley L. Wisman, whether as legatee or in any other capacity, I have had, now have, or may have in the future by reason of these presents with respect to this distribution. IN WITNESS WHEREOF, the undersigned has hereunto set her hand and seal this `aS�day of -:�SUt\-e- , 2013. , 97ZAI 5d k a, K- "Q(SEAL) Witness Susan K. Mitchell, Individually Qm K EAL) Susan K. Mitchell, Co-Executor HBGDB:136457 RECEIPT AND RELEASE KNOW ALL MEN BY THESE PRESENTS,that I, Craig B. Wisman, for and in consideration of the receipt of a partial distribution in the amount of SIXTY THOUSAND DOLLARS ($60,000.00) from the assets in the Estate of Shirley L. Wisman, paid to me this date by the Executors of the Estate of Shirley L. Wisman, the receipt of which is hereby acknowledged, do hereby remise, release, and forever quitclaim unto the Executors, and their respective heirs, executors, administrators, any and all manner of actions, causes of action, debts, dues, claims and grants, both at law and in equity, against the Executors, in their individual capacity and also in their capacity as Executors of the Estate of Shirley L. Wisman, whether as legatee or in any other capacity, 1 have had, now have, or may have in the future by reason of these presents with respect to this distribution. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this fT day of 61Z-L 2013. ISEAL) Witness Craig B. Wj man, Individually 4� c (SEAL) Craig B. W' man, Co-Executor HBGDB:136457 TUCKER ARENSBERG Aaron C.Jackson ajackson@tuckerlaw.com Attorneys October 29, 2013 VIA FIRST CLASS MAIL Glenda Farner Strasbaugh, Clerk of Orphans' Court Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Shirley L. Wisman Date of Death: March 21, 2013 File # 21-13-0459 Dear Ms. Strasbaugh: Enclosed please find one original and one file copy of the Family Settlement Agreement, in addition to a check in the amount of$20.00 to cover the filing fee. I am requesting you please file the original and return the time-stamped file copy to me by way of the envelope provided. Should you have any questions, please do not hesitate to contact me. Thank you in advance for your assistance in this matter. Very truly yours, TUCKER ARENSBERG, P.C. Tara C. Kortisses, Paralegal tck Enclosure cc: Craig B. Wisman and Susan K. Mitchell, Co-Executors HBGDB:139549-1 028754-159699 Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne,PA 17043 p.717.234.4121 f.717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619