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HomeMy WebLinkAbout01-05-15 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-13-0546 ------------------------------------------------------------------------------ ESTATE OF FRANCES B. TEITRICK, DECEASED Late of Cumberland County , PA ------------------------------------------------------------------------------ FAMILY SETTLEMENT AGREEMENT AND RELEASE OF JOHN C. OSZUSTOWICZ,EXECUTOR - Date of Death: April 22, 2013 Letters Granted: May 13, 2013 First Complete Advertisement of Grant of Letters: June 14, 2013 Account stated to October 15, 2014 co C' w —a C"j ca. John C,Oszustowicz, Esq.. c... ,. . .::m G s c � _� . �. 104 South Hanover Street � 00 7 `' CL ''' Carlisle, PA 17013 o (717) 243 w -7437 cam'� AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT,by and among John C. Oszustowicz, Executor of the Estate of Frances B. Teitrick, Deceased and Elizabeth Stith, Michael Bachman, Alexandra Eshelman, Mark Eshelman, J. Douglas Coffey, Lee Ann Coffey, Susan Coffey, Second Presbyterian Church of Carlisle, Samaritan Fellowship, Larry L. Eshelman, Carolyn J. Eshelman and Nancy C. Bachman. WHEREAS,Frances B. Teitrick died April 22, 2013, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS,the Last Will and Testament of Frances B. Teitrick dated October 9, 2012, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-13-0546 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to John C. Oszustowicz on May 13, 2013; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in THIRD: She directed that $7,000 be divided as follows: $1,000 to Elizabeth Stith, $1,000 to Michael Bachman, $1,000 to Alexandra Eshelman, $1,000 to Mark Eshelman, $1,000 to J. Douglas Coffey, $1,000 to Lee Ann Coffey and $1,000 to Susan Coffey. $1,000 to be distributed to Second Presbyterian Church of Carlisle, and $1,000 to Samaritan I,'rll. _..1-:� Tl,. '4 ....... _ �1,:. 1___1 1:��. /,. l:?..s 1�-a 'e__ -.1..� 7 '? - .T... . i'cifVVVJffip. ai.:. itc,ll1J or, the ui.iached list`ZL copy.of ne 1.is is datti.ivhed li Gt\:ial d--Ud L1CL'lAeG Exhibit B) shall be distributed according to the list. All other household property and furniture that was in the house when Susan Coffey lived in the house shall be distributed to her. Her house on Glendale St., Carlisle, PA shall be sold and the net proceeds of the sale shall be distributed equally to Larry L. Eshelman, Carolyn J. Eshelman,Nancy C. Bachman and Susan Coffey. Her remaining estate is to be distributed equally among Larry L. Eshelman, Carolyn J. Eshelman and Nancy C. Bachman. WHEREAS, Elizabeth Stith, Michael Bachman.,Alexandra Eshelman, Mark Eshelman, J. Douglas Coffey, Lee Ann Coffey, Susan Coffey, Second Presbyterian Church of Carlisle, Samaritan Fellowship, Larry L. Eshelman, Carolyn J. Eshelman and Nancy C. Bachman have been furnished with a complete listing of the estate assets,receipts and disbursements; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herehi, the; �tl dc; agree �.., .a�t.c;:� a� foll,;ws: 1. Elizabeth Stith, Michael Bachman, Alexandra Eshelman, Mark Eshelman, J. Douglas Coffey, Lee Ann Coffey, Susan Coffey, Second Presbyterian Church of Carlisle, Samaritan Fellowship, Larry L. Eshelman, Carolyn J. Eshelman and Nancy C. Bachman, do hereby release and forever discharge John C. Oszustowicz, Executor, from any and all liability which he had or may have or which may from time to time arise in connection with his service as Executor of the Estate of Frances B. Teitrick, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against their shares of said estate, and in consideration for said distribution, hereby agree to refund any amounts so distributed which may be required to fully discharge any tax liability of the estate, debts of the decedent, or administration expenses. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, executors, administrators and assigns. e This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 2C>15 DATED this day of JOJnUtarra , 26t4. Witne,ss John V Oszustowicz, Executor iness J' b tith, Beneficiary AWitnes exana Eshelman, Beneficiary Z)�. A fitness `� Mark-Eshelman, Beneficiary Witness J. glas ffey, &ne iary rtness Lee Ann Coffey, Bene i fitness Sus ffey, Ben `ary,, Aiiew2 W it7ss amaritan Fellowship, Beneficiary �s Witn s ( C arry Eshelm n enefi ary fitness Caroly . Es el an,Beneficiary tness ancy C. PAchman, Beneficiary 4, e� Wit ess Second Presby erian Church of Carlisle, Beneficiary Witness Michael Bachman, Beneficiary � J� LAST WILL AND TESTAMENT OF FRANCES B. TE0[RICK 1, FRANCES B. TEITRICK, a resident of the BorOURII of Carlisle, Cumberland Country, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish and declare the following to berny Last Wil! and Testament. hereby revoking and making void any and all Wills that I have mudcprior tothis date, FIRST: Iappoint Ronald Bachman Executor ofmyestate. Ronald shall have the right, power, and authority todistribute myestate, either in uunh nr in kind, and, for unypurposoofodminiotrmtiopnr distribution. ( appoint John Oozustowiurtu he my alternate executor. SECOND: | direct that all my just debts and funeral expenses bepaid and discharged kvthe Executor of this rny Will first out of any Social Security death benefits and then from the proceeds of my estate. | direct that$7,UOUtohedivided as follows: $|`0O0 to Elizabeth Stith, $|,OOOto Michael Bachman, $|.0OOioAlexandra Eshelman. $l`O00toMark Eshelman, $\.UAOto]. Douglas Coffey, $\,000toLee Ann Coffey,and $|.000toSusan Coffey. |fany grandchild indeceased then the surviving grandchildren ohm|| divide the $7,000 equally. I direct that$1,000 be distributed to Second Presbyterian Church of Carlisle and $1,000 to Samaritan Fellowship. The items onthe attached list shall bedistributed according iothe list. All other household property and furniture that was in the house when Susan Coffey lived in the house shall be distributed to her. ` x � ^ M�' house onGlendale Sc, Carlisle, PAshall bcsold arid the net proceeds nfthe sale shall bodistributed equally to Larry L Eshelman, Carolyn J. 6ohe|mun` Nancy C. Bachman and Susan Coffey. K4yremaining estate is to be distributed uquol|yumong Larry L. Eshelman, Carolyn J. Eshelman, and Nancy C. Bachman. Should any of these individuals be deceased at the tirne of my death then their heirs shall take their share per o|irpes. f{}UR[HL | direct that no poramnu| representative, guardian, trustee, orother fiduciary appointed under this instrument be required to give bond forthe faithful performance of his duties. ^ IN WITNESS VVBB}<B0F. l` FRANCES D. TGlTR|CK` have set my hand and aeu| tothis my Last Will and Testament thisday of 2012. FRANCES B. TElTR|CK Signed, sealed, and declared by thcubovo-numrd Testatrix as and for her Last Will and Testament in the presence ofLis, who have hereunto subscribed Our names u1her request oowitnesses, in the presence of the Testatrix and ofeach other. KDDKESS -- / ADDRB8S ACKNOWLEDGEMENT We, FRANCES B. TEITRICK. AND,k)hri (— 0La5-hyW—icz— the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she signed willingly, and that she executed it as her free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the'l estatrix, signed the as a witness and to the best of their knowledge the'Festatrix was at that time eighteen years of age or older, of sound mind, and under no undue influence. Frances B. Teitrick Witness Witness STATE OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND: Subscribed, sworn to,and acknowledged before FRANCES B. TErrRICK, the'l-estatrix, and subscribed and sworn to before me by (_7 and ,Xj-Lk0 5,,7 t Lk VL) witnesses this day of � 2012. Notary Public COMMONWEALTH OF PENNSYLVANIA Notartal seat Mmberty R.Leo,Notary Public Carlisle Sora,Cumberland County My Commislon Expires Oct 10,2013