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Home My WebLink About01-21-15 (2) IN RE: ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ) ELISE GALLAS ) ORPHANS' COURT DIVISION Deceased ) NO. 21-14-00234 c, � o M r �? C1 Uri � c-a •� tsa � ESTATE SETTLEMENT AGREEMENTrri v -� . -71 THIS AGREEMENT is made this�day of December, 2014.,- S-"4 ' WITNESSETH: _ r C; C, co THE CIRCUMSTANCES leading to the execution of this Agreement are as follows: 1. Elise Gallas (the"Decedent") died testate on February 12, 2014 and John M. Gallas duly qualified with the Register of Wills of Cumberland County, Pennsylvania, as the Executor (the "Executor") of the Decedent's probate estate (the"Estate'). 2. Decedent's Last Will and Testament(the "Will"),which was admitted to probate,was executed by Decedent on July 11, 1997. 3. Article II of the Decedent's Will provided for the distribution of cash payment of Two Thousand ($2,000.00)Dollars to each of Decedent's granddaughters living on the 31St day after Decedent's date of death, each of whom have acknowledged receipt of the same from the Executor. 4. Articles III through X of the Decedent's Will provided for the distribution of certain items of personal property to the sons of the Decedent, as more fully set forth therein. 5.Article XI of the Decedent's Will provided for the distribution of the rest,residue and remainder of Decedent's Estate as follows: 1 v► V ITEM XI: I give, devise and bequeath all the rest, residue and remainder of my estate of every nature and wheresoever situate to my issue per stirpes, living on the thirty-first day following my death. 6. The individuals who are the Decedent's surviving issue are JOHN M. GALLAS, JAMES R. GALLAS, RANDY W. GALLAS and THOMAS J. GALLAS and as such are the beneficiaries.of the Estate ("Beneficiaries"). As the Beneficiaries,they desires to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania(the"Court"). 7. 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") and Schedule of Proposed Distribution attached hereto as Exhibit A and incorporated herein by this reference. The Beneficiaries desire that the distributions to the Beneficiaries as set forth on Exhibit A be in full satisfaction of the rights of the Beneficiaries in the Estate. NOW,THEREFORE, in consideration of the foregoing and intending to be legally bound,the Beneficiaries, for themselves, and for their heirs,personal representatives, successors and assigns: A. 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. B. Declare that they have-sufficient information to make an informed waiver of their right to a formal accounting with the Court and do hereby waive the filing and auditing of the same. C. Acknowledge that they have received and read a copy of the Will. 2 D. Acknowledge that they have received the applicable items of personal property set forth in Articles III through X of the Will. E. Acknowledge that they have received the applicable personal property and the distributive share or amount set forth on Schedule A shall be in full satisfaction of the Beneficiaries' entitlements under the Will. F. 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. G. Agree to execute such other or additional documents as may be necessary to effectuate the agreements set forth herein. H. Acknowledge that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 1. Consent to the Court exercising personal jurisdiction over the Beneficiaries in any suit or action arising out of the enforcement of this Agreement. This Agreement may be executed in any number of counterparts with the same effect as if all parties had all signed the same document. All counterparts shall be construed together and shall constitute one agreement. Each party shall become bound by the agreement immediately upon affixing his or her signature hereto, independently of the signature of any other party. IN WITNESS WHEREOF,the Beneficiaries have placed their hands and seals on the attached Consents to Estate Settlement Agreement. 3 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, THOMAS J. GALLAS hereby acknowledge receipt of the assets of the Estate of Elise Gallas and I hereby consent to and join in the Estate Settlement Agreement, including Exhibit A, which have been provided to me. AWISS Thomas J. Gallis STATE OF ( SS: COUNTY OF �G�,(/��(� ) On this,the day of December,2014,before me,the undersigned officer,personally appeared THOMAS J. GALLAS 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 capacities and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. RA �a1T=�0TAny •.� TA Y PUBLrC it��sypully\•4` OF 1IW`SG``�� 4 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, JAMES R. GALLAS hereby acknowledge receipt of the assets of the Estate of Elise Gallas and I hereby consent to and join in the Estate Settlement Agreement, including Exhibit A, which have been provided to me. WITNESS J tes X 11 STATE OF G � ) ( SS: COUNTY OF L" A'Nayxz On this,the L day.of December, 2014, before me,the undersigned officer,personally appeared JAMES R. GALLAS 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 capacities and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ALAN H. UEHARA {. �. Commission# 1977822 Notary Public -California z NOTARY PUBLIC z ' Los Angeles County D My Comm. Expires Jun 7, 2016 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, RANDY W. GALLAS hereby acknowledge receipt of the assets of the Estate of Elise Gallas and I hereby consent to and join in the Estate Settlement Agreement, including Exhibit A, which have been provided to me. WITNESS Randy W. Gallas Tcn4u-b- &l��, STATE OF ( COUNTY OF SS: On this,the day of December, 2014,before me,the undersigned officer,personally appeared RANDY W. GALLAS 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 capacities and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOT PUBLIC ? z A Sun!(eegng Nobq Pubk State of Obb MY CwNgubn EON 06-242019 """,°F,,,,� CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, JOHN M. GALLAS hereby acknowledge receipt of the assets of the Estate of Elise Gallas and I hereby consent to and join in the Estate Settlement Agreement, including Exhibit A, which have been provided to me. A,4& /64351 v WI SS John M. Gallas COMMONWEALTH OF PENNSYLVANIA) ( SS: COUNTY OF On this,the 1 day of December,2014,before me,the undersigned officer,personally appeared JOHN M. GALLAS 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 capacities and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE BAKER,Notary Public Hampden Twp.,Cumberland County My Commission Expires May 7,2018 f+ EXHIBIT A INFORMAL ACCOUNTING OF THE EXECUTOR and SCHEDULE OF PROPOSED DISTRIBUTION ASSETS OF DECEDENT Comment DESCRIPTION LIQUIDATION DATE —AMOUNT Estate Checking Account opened 3/9/14 Interest on Estate Account 4118/14 133,320.79 1.06 Deposit for 2013 Federal income Tax 517114 689.00 Deposit for Patriot Credit Union closeout of account 5/7/14 "es91t for 254.88 -- _��unt 517/14 2,536.84 "e osit 12,325.52 Interest on Estate Account 5/19/14 1.06 Interest on Estate Account 6/19/14 1.11 Interest on Estate Account 7/18/14 4 1.04 Interest on Estate Account 8/19/14 1.15 Interest on Estate Account 9/19/14 1.04 Interest on Estate Account 10/17/14 0.89 Interest on Estate Account 11/19/14 --- 1.06 TOTAL ASSETS: 149,135.44— EXPENSES OF ESTATE DEBTS OF DECEDENT 2013 Real Estate Taxes 8/27/2013 Legal Fees for Condo Sale 10/03/2013 1,395.24 Paid by John. Reimbursement Due. -- 880.00 Paid by John. Reimbursement Due. Bridges-Assisted Living Monthly Expenses 11/29/2013 600-00 Paid by John. Reimbursement Due, Forest Park Rehab Expenses 12/10/2013 1,430.00, Paid by John. Reimbursement Due. VA Benefit Return -03/15/2014 — 1,130.00 Paid by John. Reimbursement Due. Total Debts of Decedent 5,435.24 ADMINISTRATIVE EXPENSES Advertisin-q EXDense Cumberland Law Journal The Sentinel 75.00 Check#102 from Estate Account Total Advertising Expense 175.00 Check#102 from Estate Account 250.00 FMiscellaneous Fw—rises Church Luncheon and Church Service 2/19/2014 SpKrirloill Cemeta 300.00 E29 .9 Paid by John. Reimbursement Due. tlsan er-Bricker Funeral Home' 720.00 —.4. -- — 03/24/2014 Reimbursement Due. Alert Pharmacy 03/24/2014 12,532.07 Check#98 from state Account Cordier Auctions-Apprais-1—Fee 05/071204 35.47 —Check.#99 from Estate Account West Shore EMS-Ambulance Transport 07/25/2014 190.00 C-h--[,,"4n^--- 4'4 Estate Account Will Beneficipry_7 Granddaughter-Mandy 261.13 Check#103 from Estate Account Will Beneficiary-Granddaughter-Tricia 2,000.00 Check#104 from Estate Account Will Beneficiary-Granddaughter-Tina 2,000.00 Check#105 fromEstateAccount Will Beneficiary-Granddaughter-Jenna 2,000.00 Check#106 from Estate Account Will Beneficiary-Granddaughter-Missy 2,000.00 Check#107 from Estate Account Reimbursement to Randy for Assisted Living Expenses 2,000.00 Check#108 from Estate Account -Reimbursement to Jim for Assisted Livin Ex enses 2,600.00 r%&k#109 I DM Estate Account 3,200.00 1Check#110from Estate Account Tata! !Yllscella!te�ous Ex�pet�i_se_s________— 29,838.671 Register of Wills Probate fees Payment of inheritance tax in discount 413.50 Paid by John. Reimbursement Due. Balance of inheritance tax—due 5,200.00 Check#101 from Estate Account Filing fee for inheritance tax return and invent -84.96 Filing fee for Receipts and Releases Total Register of Wills 5,528.54 Fees Law Offices of Robert M. Walker, LLC Total Fees 5,250.00 5,250.00 TOTAL EXPENSES -§YR TION 46, .45 _PROPOSED DI IB�U ASSETS AVAILABLE FOR DISTRIBUTION LESS EXPENSES 149,135.44 FUNDS AVAILABLE FOR DISTRIBUTION 46,302.45 102,832.99 FINAL FUNDS AVAILABLE FOR DISTRIBUTION 102,832.99