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HomeMy WebLinkAbout03-26-15 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION In the Matter of the Esta[e of . � ; � m: � Q � ci �, MARGARET H. McCLAIN, latc of . F,state File No.: 2�1'�.Or489 - � � c; � Lower Allen Township, Dauphin County, . ,_ r' rv '.�; i,i Har�isburg, Pennsylvania, deceased . . - � .- �� , m SETTLEMF.NT AGREEMENT AND FINAL RELEASE '' �" �� � _ � ESTATE OF MARCARET H. McCLAIN � �' �, �-= c> r m l� � C� � THIS AUREEMENT, made this�day of � �� ' _ 2015 by a�d be�'"�ween PATRICK M. McCLAIN and MIC}IELE McCLAIN WHAP �LES: WiTNESSETH: WHEKEAS. MARGARET H. McCLAIN, late of Lower Allen Tow�ship, Dauphin CounTy, Pennsylvania, deceased, died tcstate on May 4, 2014; and WI IEREAS, the parlics in i�terest ander the Last Will and Testame�t of MAKGARET H. MeCLAIN, dated Febcuary l, 2012, are her children: PATRICK M. McCLAIN and MICHELE McCLAIN WHAPELES: and WHEREAS, Letters Testamentary wcrc duly issued to Patrick M. McClain and Michele MeClain Whapeles by the Register of Wills of Dauphin Cou�ry, Ye�nsylvania, on luly 2, 2014; and W HEREAS, Letters "Cestamentary have bee�duly advcrtised as required by law; and WHERGAS, Patrick M. MeClain and Michele MeClain Whapeles, Co-Executors oCthe ES'PA"PE OF MARGARET H. McCLAIN, have ga�hered thc asscts of the Estate; and WHF.REAS, it has been determined that thc Decedent did not receive any type of assistanec duri�g the questioned period; therefore, the Pennsylvania Departme�t of Public Welfare, Cstate Recovery Program will not seek any recovery fmm this 8state; and WHEREAS, the known debts, expenses and taxes, including Pennsylvania lnheritance Tax, of the ESTATE OF MAKGARET H. McCLAIN, have been paid; a�d WHEREAS, the aCoresaid beneficiaries of the ESTATE OF MARGARGT II. McCLAIN have made such examinations as they desire of the statcments, benk records, tax rewms, estate invenrories, cancelLed checks, wrrespondenee, and va�ious other supporting documents pertainiug to the ESTA"PE OF MARGARST H. McCLAIN. NOW, THEREFORE, KNOW YE, that we, PATRICK M. McCLAIN and MICHELE McCLAIN WHAPELES, being the persons exelusively entitled to inherit from the ESTATB OP' MARGAKET H. MeCLAIN, do hereby acknowledge that we have�eceived from Patrick M. MeClain and Michele MeClain WhapeLes, Co-Executors, in full satisfaetion of payment of all sums of money, legacies, bequests, devises and inheritances as are due u�der the laws oY thc Commonwealth of Pennsylvania; � ANll, in order to avoid the time and expense involvcd in �he filing and confirmation of a formal account and schedule of distribution with [he OrF7hans' Courl Divisio�of the Court of Common Pteas of Dxuphin Cou�ty, Pennsylvania, wc do hereby stipulate and agcee that no such formal accounting and schedule of distribution is necessary and that disMbution has been made to our mutual satisfaction, as if same had been filed and confirmed by the said Orphans` Court Division. NOW, THF.RBFORE, upon receipt of said distributioq we do hereby remise, release, quitclaim, and forovec dischacge the said Pat�ick M. MeClain and Michele McClai� Whapeles, Co-Executors, their heirs, executors, administrators, and assigns, of and from the snid Estate and from all actions, suits, payments, accounts, reckonings, elaims, and demands whatsoever, [ouching upon[he ES'I�ATE OF MARGARET H. MeCLAIN, and their fiduciary obligations as Co-F.xecutors of the said Estate. AND, we do herebv furthec covenant and agree that should any claim or GabiliTy come due to the ESTATE OP MARGARET A MeCLAfN aftec the signing of this Agreement, we will contribute pro-rata our shace of the Rstate to satisfy any and all claims, demands, suits, or other eauses of action which mxy be suceessfully prosecuted against the ESTATE OF MARGARE"C I1. MeCLAIN, deceased, or against Patrick M. McClain and Miehele MeClain Whapeles, in their capacities as Co-Executors of the said Estatc. IN WITNESS WHERCOP, the parties hereto have executed this Agreement the day and year first above-w�ittcn. WITNGSS: ( ! ',./ y�l��:�l � 4r1 � �� ^(� / "� � / .. l � _lc, i �k M. Mc lain, Individually and as Co- Executor of the Estate of Margaret H. McClain ��- � — -T</,,��-✓ /%�4�;:.<< �,l�,c,/ �J � � chele MeCI m Whape[es, l�dually and as Co- F.xecutor of the Estate of Margaret H. McClai❑ COMMONWCACCH OF PENNSYLVANIA ss COUN1'Y OF DAUPIIIN On this, the '� -flay of �/� t f �� 2015, before me the undcrsigned officer, personally appeared PATRICK M. McCLAIN, known to me (or satisfactorily proven) to be the pe�son whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHBREOF, 1 hereunto set my hxnd and official seal. NOARI�LSEAL �C�. CC � � ' ��� ' — T�qA L BW�fliZ No 3t')'publiC Not�ry PUUIit X�RpI58UflG CITV.OMIPNIN COUNTV My ComMition Eapirec Oc111,2016 COMMONR'EALTII OF PENNSYLVANIA ss COUNTY OF DAUPHIN �i, On this, the�-day of � l�L� � i � i 2015, before me the undersigned officer, personally appea�ed MICHELE MeCLAIN W HAPELES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged thxt she executed the samc fo� the purposes therein contained. IN WI1'NESS WHER80F, I hereunto set my hand and official seal. 1 �(l L(: \ li (( ( t �> NOUNI�LSEAI Nota PUb�lc TAPA L BW�XT2 Nobry PUEIIc - . H�RRISBUNG CITC D�UPMIN COUNIV IAr Commnesion EaDim Oc111. 2076 �._._ .._.� � __._ ��Y__ _� �..r__ _ The Patriot-News Co. �he �latriot~�l-��J 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 � � Noue y��. know Inquiries - 717-255-8213 �;, � 3 tt' n � v m 1c> �� � ,:� "" N rJ p� r'9 � GJ LAW OFFICE OF LUTHER E MILSPAW, JR � �. � �-� '�� � ' 'i 130 STATE STREET � - " �„ .i ;_ m _. cfl C� O w -n HARRiSBURG PA 17101 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business a[2020 Technology Pkwy, Suite 300, in [he Township of Hampden, County of Cumberland, State of PennsyNania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, Counly and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publica[ion which is securely attached here[o is ezactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interestetl in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to veriy this s[atement on behalt of The Patrio6News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in [he office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad# 0002306916 ran on the dates shown below: . . July 22, 2014 - /l / July 29� 2014 ////,(�/ � August O5, 2014 In�M1e NwH�oIMB E�oN01 ('j� . � LowYG4lRIenTOwns�O.�C'�mMIaM . . . . Cowh�p¢nnrylvanlp�pppee0. Le11ers Tes�amfn�ary M��e aEpve EnEen�vnVeG,al�l oerwM IMBOkO�o Me e:�m�a,:,ro�..��m max,Po,m„n. Swo d subscribed before me this 05 day of August, 2014 A.D. am m�nom�e cio im:ro nrernr m. ..imouraiav,ro: _ �Votrl[kM.MfCloln IBppLlKMVOrMWIv! ��` � � COmOMI11.pqD011 mmroi.mmmmwnonei.: NoSdry,Publ' 3IIMw�Mp�nRppE OIII[OU�p.PqIJU19 C0.ExKU�ors ��p� MMONW A�T F � NNlYLVANIA LUMe�EM115pow,EfeeVe auo.reva�-�aw NOTARIAI SEAL IJpS�a�e51m1 ro.riw�ro,rn mm Sh�ryl Mad�U99��NMc7 Publit H�mpOm Tvp..CumbedanA Gounty My Canmbsiw btplrn July 7fi,3018 YEY ER,iEMNSYVANI��SSOL111�OX Oi XOlI.R1E3 � � PROOF OF PUBLICATION OF NOTICE �y � � IN CUMBERLAND LAW JOURNAL �'o " m �. (Under Act No. 587, approved May 16, 1929), P. L.1784c�-� -.�o � `-� � o _� � � r' rv ,.,� m ' m ., o � '��' `�; ... � Ll rl �l COMMONWEALTH OF PF.NNSYLVAN[A : , 3 — =' -:' c� . ss. . �.:� �--� r m COUNTY OF CUMBERLAND . � cn cr,n � W Lisa Marie Coyne,Esquire, F.diror of the Cumberland Law Joumal, of the County and State aforesaid, being duly sworn, according m law, deposes and says that the Cumberland Law Joumal, a lega] peiiodical published in the Borough of Cadisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as [hc official legal periodical for the publication of al] Icgal notices, and has, since January 2, 1952, been regularly issucd weekfy in the said Coanry, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of thc said Cumberland Law Jou�nal ou the following dates, viz: July 18, July 25 and Aueust 1 2014 A�ant further deposes that he is authorized to verify this statement by the Cumbedand I.aw Joumal, a lega] periodieal of ge�eral cirwlatioq and that he is not interested in the subject matter of thc aforesaid notice or advertisemeny and that all allegations in the fore�oing statements as to timq plaee and charactec of pablication are true. �--` isa Marie Coyne, E '�or SWOR TO AND SUBSCRIBED before methis 1 day of Aua�st, 2014 GsJq/ _ Notary McClein,Margaret H., Aec'd. Lale ot Lower AIIen'IbwnshiP. Co-L:xecumrs�. Ye[nck N_ Mc Cla[q I800 Le[chworth llrivc, CuupHill,PAIv011uidMichele COMMONWFA7HOFPENNSYLWNU McClain Whapelev,319 Mmmwin NOTAFIAL SEAL Road, Dillsburg, PA 1�012 GEBOPRH A COLIINS Aimmry� I,uther E. Mllspew,Jr., Nolary PUAIic M'squire, Atlorncy-a[-Lew, 130 LPflUSLE 9UPO..CIIMBEHLAXO CNiY State Strcc[, Ilarriaburg, PA µy Commissian Explres Apr 28, Y018 1%101. (� �U