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HomeMy WebLinkAbout11-07-14 (2) , ' IN RE; . IN THE COURT OF COMMON PLEAS ESTATE OF ROSALYN LUCKMAN : CUMBERLAND COUNTY, ,�..� • PENNSYLVANIA � �, -�� _.� fr_� Deceased : ORPHANS' COURT DI�$�N -r-r �_� �, : NO. 2013-1099 f:; � ,.., � M� .-`..; ., _,_ _, ,�. ,_. � - - - �;-. _ . _; ; � . _. -.3 , :._� _.� ;; WAIVER OF ACCOUNTING, RECEIPT,RELEASE AND ` � �-' APPROVAL OF DISTRIBUTIONS TO BENEFICIARIES = , � �-- r��'� �-:� c�� �� Q "�.l WHEREAS, Rosalyn Luckman (the "Decedent") died testate on September 22, 2013, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Register of Wills of Cumberland County granted Letters Testamentary to Decedent's daughter, Elizabeth Hiller(the`Bxecutrix") on October 17, 2013; and WHEREAS, Item ONE (a) of Decedent's Will bequeaths to Natasha and Miriam Houde certain articles of jewelry as specified in a memorandum; and WHEREAS, Item ONE (b) of Decedent's Will bequeaths all tangible personalty to her spouse, Stanley Luckman if he survives her and then to her daughter, Elizabeth Hiller, if her spouse does not survive her; and WHEREAS, Stanley Luckman predeceased the Decedent dying on June 28, 2010; and WHEREAS, Item TWO (c) of Decedent's Will bequeaths the remaining residue as follows: (i) fifty (50%) percent to her daughter provided she is over fifty (50) years of age and (ii) the remaining residue to be distributed to the then living issue of her daughter, Elizabeth Hiller provided they are over thirty-five (35)years of age; and 965147.1 � r ' WHEREAS, Elizabeth Hiller has two (2) children: Natasha Lightner and Miriam Willoughby, both of whom where over the age of thirty-five(35) at the Decedent's death; and WHEREAS, Estate assets have been collected, all known Estate liabilities and expenses have been satisfied, a Pennsylvania lnheritance Tax return has been filed and the tax paid, an approval letter has been received form the Pennsylvania Department of Revenue and the estate is ready to be concluded; and WHEREAS, the undersigned Beneficiaries are aware of all transactions that have occurred during the administration of the Estate as beneficiary, Elizabeth Hiller, has acted as Executrix, and the Beneficiaries desire that the Estate be conclude�.i without the expense and formality of an accounting; and WHEI2EAS, the Executrix is willing to consent to such a conclusion of the Estate upon receipt of a proper receipt and release from the Beneficiaries, which it is the purpose of this Agreement to provide. NOW, THEREFORE, the undersigned Beneficiaries, for themselves, their heirs, personal representatives and assigns: � (1) Direct that all remaining estate assets be distributed to the Beneficiaries in accordance with the Last Will and Testament; and (2) State that they are familiar with all transactions occurring in the Estate and approve said transactions (and the administration of the estate generally) as though they were contained in a formal accounting which had been confirmed absolutely by the Court having jurisdiction over the Estate. 2 f (3) Waives the Executrix's preparation of a fornzal accounting and the filing and auditing of a formal accounting by the court having jurisdiction over the estate. (4) Acknowledge receipt from the Executrix of the entire residue of the Estate. (5) Do hereby absolutely and irrevocably release, remise, quitclaiin and forever discharge the said Executrix, her heirs and personal representatives, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever relating to the Estate of the said Decedent. (6) Do hereby absolutely and irrevocably release the Executrix from filing any Account, Petition for Distribution or other document with the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Estate of,the Decedent. This instruinent shall be legally binding on the undersigned and their personal representatives, heirs and assigns. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the �� � � �,� 2014. day of � Z �' , WITNESS: - SEAL) El' abeth Hiller (SEAL) Natasha Lightner (SEAL) Miriam Willoughby 3 COMMONWEALTH OF PENNSYLVANIA: � : SS: COUNTY OF 1-������ `'� : �� On this, the�_day of � ��, 2014, before me, a Notary Public, in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared ELIZABETH HILLER, 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 for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Pu li My Commission Expires: (SEAL) COMMONW�(,�OF PENNSYLVANIq Emily S.Mi�a�Np���.�,public �Y of Harrlsb��,Dauphin County ��m��Wres June 22,2015 MEMBER,PENNSYLVANIA ASSp�qTlON OF NOTi1RIES 4 (3) Waives the Executrix's preparation of�formal accounting and the filing and auditing of a formal accounting by the court having jurisdiction over the estate, (4) Acknowledge receipt from�he Cxecutrix of tUe entire residue of the Estate. (5) Do hereby absolutely and irrevocably release, remise, quitclaiin and forever discharge the said Executrix, her heirs and personal represe��tatives, of and �'rom all actions, suits, payments, accounts, reckonings, claims and demands wha#soever re]ating to the �state of the said Decedent. (b) Do hereby absolutely and irrevocably xelease the �xecutrix from filing any Account, Petition for Distribution or ather docurnent with the Court of Common Pleas of Cumberland Caunty, Yez�i�sylvania, or in any otller jurisdiction in connection with the Estate of lhe Decedent. This instil�ment shall be legally binding on the undersigned and their personal representatives,heirs and assigns. IN WITNESS WHEREOF, the undersigned have executed this Agreennent on the � day of ��b� ,2014. WITNESS: � (SEAL) �lizabeth Hiller � ��� �'i (S�AL} Natasha Lightn- (SEAL) Miri�un Willougl�by 3 C(JMMONWEAI,TH OF PENNSYLVANIA: ; SS: COUN'I'Y OF �I��GH�H y . On this, the�_day of ��r , 2014, before; me, a Notary Public, in and for the Commonwealth of Pez�nsylvania, the undersigned officer, personally appea�•Ed NATASHA LIGHTNER, lulown 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 thc purposes therein coniained, 1N WITNESS WH�iu'OF,I heretulto s my hand and official seal. � � " (SEAL) Not Public My Commission Expires: U (> "� ? 'av � � (SEAL) COMMONWEALTH 0___F pENIVSYLVANIA Notarlat Seal Kait��een Lewis,Notary Pubiic Ross 11�vP•,��e9heny County �"�'Commissbn ExWres June 7,2015 MEMBER,pEpNSI'tVAN�q k�p�pnON OF NpTqfuES 5 (3} Waives ttie�xecut�•ix's preparation of a formal accounting and the fiiiz�g and auditin�of a for�nal accountinb by ihe courl Ilaving jurisdictio��over the estate, (4) r�cicnowledge z�eceipt from th��Cxecutrix of the elitire residue of tlie Estate, (5) Do hereby absolutely and irrevocably relr;ase, rerr�ise, quitclaim anct forevex discllarge Che said Execut�ix, her heirs and persoilal represet�tatives, of and from a11 actions, suits, }�ayments, accotu�ts, recicoilings, claims and demands whatsoever relating to the �staCe of the said ,.■� Decedent. � (6) Do hercby absalutely and u�-evocably re�e�,se the ��ecutrix frorn filing any Accau�rt, 1'etition i'or Distributian ar otJ�er document with the Cou�t of Common Pleas of Culnberland Cotlnty, I'�nl�sylvani�, or in a��y otl��r jurisdiction in colinection with the Estate o�1',the Decedent. Tl�is instrument shall be tegally binding on the LindersigY�ed and theit� personal represerttafives, }ieirs and assigns. IN WI`i'NESS W�I�REUF, tile undersigned have executed this Agreeme��t on the ��� n �_f�� � day of V C���""'� ,2014. WIrIN�S S; (SEAL,) F,lizabelh Hiller {SL'AL} � Natasha tner �� _ _��L�L, ��/ZB��y iriam Willo g y 10�28� + `f � � 3 �� f� PMT E � F�I�N�mber 781062 GtirnmhN�n r 29, 20 s�rnT� or lowa . � : ss: COUI�"TY O�' : On thi5,t11e ���day of�C�'�v", 2014, before zne, a Notaz•y 1'ublic, iii and fox• the Comznonwealth of Pennsylvania, the uz�deisigned ofCcer, peisanally appeared MiR1AM WILLOUGIIBY,lcnown to rne{or satisPactorily proven)to be tlle person w�zose name is st�bscribed to the within instrument �nd acknowledged that she executed the same for the purposes therein cont�ined. IN WITNESS WI-IEREOT,I lieret to set my hand and official seal. _ (SEAL) t� P1AT E HOPPENWpRTH Notaiy 1'ublic . F�N�xnber 7slobt `�OO��•�--[—�' My Cornxnission�xpi��es: ��/� �l//� {STAL) 6