HomeMy WebLinkAbout03-21-14 In Re: Estate Of Charles Zyki In The Court Of Common Pleas Of
Cumberland County,Pennsylvania
File No. 2012 - 00566
PA File No. 21-12-0566
FAMILY SETTLEMENT AND FINAL RELEASE
This Agreement entered into by and between Jeffrey N. Yoffe,Esq. (2 Lemoyne Drive,
Suite 100,Lemoyne,PA 17043)in his capacity as executor of the Estate of Charles Zyki
pursuant to the will dated October 27, 1999 as modified by the codicil dated June 18, 2007 and .
Priscilla Hall,Joseph Zyki, Leonard Zyki,Jr. and Diane C. Zyki,residuary legatees of the Estate.
BACKGROUND
I. Charles Zyki(Decedent)died on April 212012 a resident of Cumberland County,
Pennsylvania, leaving a will dated October 27, 1999 and a codicil dated June 18,2007.
2. Decedent's will and codicil were admitted to probate by the Register of Wills of Cumberland
County on May 16,2012 and letters testamentary were issued to Jeffrey N. Yoffe,Esq.
3. In his will and codicil,Decedent named Priscilla Hall,Joseph Zyki, Leonard Zyki, Jr. and
Diane C.Zyki as the sole residuary legatees.
4. The executor advertised the grant of letters testamentary,prepared and filed a Pennsylvania
Inheritance Tax Return and federal and state income tax returns and paid the appropriate
taxes thereon.
5. The executor has paid all the taxes,debts and expenses of the estate known toLm. Others rn
cMia
than taxes,costs and Attorney fees associated with filing 2013 and 2014 incoT.9 tY r<ejurnsy+ w '1
the executor has no knowledge of any unpaid claims,absolute or contingent,(gm bey o °
asserted against the estate nor does he have any reason to believe there are any X= c aims
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Page 1 of 6
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6. An informal account reflecting all estate receipts and disbursements and a
statement/schedule of proposed distributions to beneficiaries is attached hereto as Exhibit A.
7. In the future, the unused Attorney fees(currently$2,300.00)and unused reserve(currently
$2,500.00)will be transferred pro rata to Priscilla Hall,Joseph Zyki,Leonard Zyki,Jr. and
Diane C.Zyki.
8. Priscilla Hall,Joseph Zyki,Leonard Zyki,Jr. and Diane C. Zyki desire that this Family
Agreement make unnecessary the filing of an accounting in the Orphans'Court Division of
the Court of Common Pleas of Cumberland County.
NOW THEREFORE, intending to be Iegally bound,the undersigned do hereby:
I. Waive the filing of an account of the administration of the estate in any Court;
2. Declare that the undersigned has examined the attached informal account(and
statementischedule of proposed distributions)of the executor; find it to be true and correct in
all particulars;accept and approve it with the same force and effect as if it had been
prepared,filed with,audited,adjudicated and confirmed absolutely by a Court of competent
jurisdiction;and as if the balance of principal and income had been awarded by the Court in
accordance with the statement/schedule of proposed distribution;
3. Warrant that the beneficiaries named in the informal account and statement/schedule of
proposed distributions are the sole remaining parties in interest in the estate and entitled to
receive the entire distribution thereof in accordance with the informal account and
statement/schedule of proposed distributions;
4. Warrant that the undersigned know of no outstanding and unsatisfied claims against the
estate;
Page 2 of 6
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S. Approve the distribution of the balance of principal and income shown in the informal
account and statement/schedule of proposed distributions to the persons set forth therein;
6. Absolutely and irrevocably release and discharge the executor,and their heirs,personal
representatives,successors and assigns of and from any and all actions, liabilities,claims
and demands relating in any way to their administration of the estate and distribution in
accordance with the informal account and statement/schedule of proposed distributions and
without a Court accounting and adjudication;
7. Agree to refund to the executor any amount of the undersigned's distribution which exceeds
the amount to which the undersigned are entitled as the executor shall determine;
8. Agree to indemnify and hold harmless,the executor,and his heirs,personal representatives,
successors and assigns,from and against any claims,liabilities, loss or expense(including
costs and counsel fees)arising from any cause whatsoever,which the executor may incur as
a result of the administration of the estate and its distribution in accordance with this
agreement including,but not limited to,any liability for any federal estate taxes,
Pennsylvania Inheritance tax or any other death taxes,and any federal or Pennsylvania
income taxes,and Pennsylvania personal property taxes,together with any interest and costs
incidental thereto, relating in any way to the estate and also including,but not limited to,any
assets received or payments or distributions made by reason of any negligence or mistake of
law or fact.
Witness: .��
r--"' Priscilla Hall
Date: 'L-2a-1 .4
Page 3 of 6
On this, the 10"'day of (eL wA, , 2014, before me, a Notary Public, the undersigned
officer, personally appeared, Priscilla Hall, own to me, (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged
for the purposes therein contained. that she executed the same
IN WITNESS WHEREOF,I hereunto set my hand and seal.
NOTARY PUBLIC , L3e.14w 6,-O
My Commission Expires: a
- 7-a-b 1�6Jh'c L. Pakfcoa,
Witness: o
Jose yki L t/
Date:
On this, the day of_ 2014, before me, a Notary Public, the undersigned
officer,personally appeared,Joseph )yki, kno to me, (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument,and acknowledged that he executed the same for
the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and seal.
NOTARY P �1
My Commission Expires:0�
Witness: �o�u P0&f SARAHESPENCER
NOTARY PUBLIC
5 STATE OF TEXAS onard Zyki, r.
"FOF,E+� MYCOMM.IXP. 1/11/16
Date:
Page 4 of 6
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On this, the a I day of 2014, before me, a Notary Public, the undersigned
officer, personally appeared, Leonard Zyki, Jr., 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 for the purposes therein contained.
IN WITNESS;OTAR EOF,I hereunto set my h
JOHN W.SMITN
,,.T Notary Public.State of Florida
Commission p EE 850366
My Comm,expires Nov.8.2016
UBLIC
My Commission Expires:
m
Witness:
Diane C. Zyki —�77J---
Date: 0,72 y '(�
On this, the day of Fe /7x1� 014, before me, a Notary Public, the undersigned
officer,personally appeared,Diane C.Zyki, wn to me,(or satisfactorily proven)to be the person
whose name is subscribed to the within instrument, and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
NOTARY PUBLIC
My Commission Expires:
KRISTINA K. ubOC]7.2011)'ry,a Notary Public
t�1�t, Massachusetts
Commission Expires Mar
Page 5 of 6
Estate of Charles Zyki
Witness:
By / ,
effrey . Yoffe, xecutor
Date:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the--R!� day of C 2014, before me, a Notary Public, the undersigned
officer, personally appeared, Jeffre�executor 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 for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and seal.
COMMONWEALTH OF PENNSYLVANIA '
NOTARIAL SEAL
NOT Y PU$LI it Marissa Lightner, N Et I
`-ast Pennsboro Townshi Y PUblic
My'C ruffrission Expires: is/iJ-1 i:4 y Commission Expires Cumberland County
December 15,2017
Page 6 of 6
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LAW OFFICE
YOFFE & YOFFE, P.C.
2 Lemoyne Drive, Suite 100
Lemoyne, PA 17043
NORMAN M. YOFFE(1929—20 10) Telephone(717)343-1120
JEFFREY N. YOFFE Fax(717)303-5226
March 20, 2014
Office Of Register Of Wills
Cumberland County Courthouse
1 Courthouse Square, Room 102
Carlisle, PA 17013
Re: Estate of Charles Zyki• 2012-00566
Dear Interested Person:
Please file the enclosed family settlement agreement. Thereafter, in the enclosed envelope,
return to me a time stamped copy.
Thank you.
Sincerely,
YOFFE & YOFFE, P.C.
By // l
effrey . Yoffe
jYoffe@yoffelawoffice.com
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