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HomeMy WebLinkAbout05-28-15 Cumberland County Register of Wills Number 2013-00398 THE ESTATE OF HAZEL S. DILLER FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE AGREEMENT, made this 26th day of May 2015 by and among Margaret Ann Sheaffer, Executrix of the Estate of Hazel S. Diller, deceased, Margaret Ann Sheaffer, Richard Harry Sheaffer, James Randall Sheaffer, Catherine Ann Sheaffer, and Nancy Ann Altman. WHEREAS, Hazel S. Diller, who resided at Lifeways at Messiah Village, 100 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, died on March 19, 2013, having left her Last Will and Testament dated October 16, 1992, which was duly admitted to probate by the Register of Wills of Cumberland County, Pennsylvania at Number 2013-00398 on April 9, 2013; WHEREAS, Margaret Ann Sheaffer has been duly appointed as Executrix of the Estate of Hazel S. Diller, deceased: WHEREAS,the Parties in interest under the Last Will and Testament of Hazel S. Diller, deceased, are: _ M 0 1. Margaret Ann Sheaffer, Executrix, Beneficiary, daughter, G ni 2. Richard Harry Sheaffer, Beneficiary, son, ; r.T} �" "� 3. James Randall Sheaffer, Beneficiary, son, co r rr1 U1 4. Catherine Ann Sheaffer, Beneficiary, daughter, and Qa � ui 5. Nancy Ann Altman, Beneficiary, daughter. WHEREAS, Margaret Ann Sheaffer, Richard Harry Sheaffer, James Randall Sheaffer, Catherine Ann Sheaffer, and Nancy Ann Altman are each entitled to one (1) share each of five Page 1 of 8 (5) equal shares of all of the estate of Hazel S. Diller under Article III of the Last Will and Testament of Hazel S. Diller; WHEREAS, the Executrix has proceeded with the administration of the Estate and prepared the First and Final Account and Schedule of Distribution, a true and correct copy- thereof opy-thereof is attached hereto, made a part hereof and marked as Exhibit A; WHEREAS, the Parties hereto desire that the Executrix.shall not be required to file said account with the Orphans' Court of Cumberland County, Pennsylvania, and that the net estate of the decedent shall be distributed without the necessity of filing a formal account with the Court; NOW, THEREFORE, the Parties hereto intending to be legally bound herby, mutually agrees as follows: 1. The Parties,hereto, and each of them,•hereby agree and acknowledge that each has fully and carefully examined the First and Final Account and Schedule of Distribution attached hereto and received a copy of said documents and each party finds them to be true and correct and acceptable to the Parties hereto and each of them; 2. The Parties hereto, and each of them, hereby agree and acknowledge that each of them has been given the opportunity to have this Agreement and the First and Final Account of the Executrix reviewed by an attorney or accountant of his or her choice; 3. The Parties hereto, and each of them, do hereby release, remise, and forever discharge the Estate of Hazel S. Diller and Margaret Ann Sheaffer, Executrix, from all acts, suits, claims, accounting, and demands, whether known or not at time of filing, whatsoever-concerning said Estate. Each of the Parties do further agree to indemnify and hold harmless said Margaret Ann Sheaffer, Executrix, from any and all liability which may arise against the Estate from creditors or other claimants, and each party agrees that he or she will contribute his or her pro- Page 2 of 8 rata share of the Estate to satisfy any and all claims, demands, suits, or causes of actions which may be successfully prosecuted against the said Estate or the aforesaid Executrix after the signing, sealing, and delivery of this Family Settlement Agreement and Final Release; 4. The Parties hereto, and each of them, hereby agree and acknowledge that each party has received the assets described on the Schedule of Distribution attached hereto as Exhibit A; 5. The Parties hereto, and each of them, hereby agree and acknowledge that this instrument is a full and final settlement by and among all of the Parties hereto, and each of them, both fiduciary and individual, all of the same having been derived at concluded, and executed after a full and complete disclosure of the assets of the Estate and the rights of the Parties, and each of them, therein, and after having had the opportunity to obtain the advice of an attorney of his or her choice; 6. The Parties hereto, and each of them, hereby agree and acknowledge that each of them will at all times in the future, whenever.necessary, make, execute, and deliver to the said Executrix any and all instruments of any kind necessary to carry out this Agreement; 7. The Parties hereto, and each of them, hereby agree and acknowledge that this Agreement constitutes the entire understanding between and among the Parties hereto and each of them acknowledges that no prior representations or statements of any kind, written or oral, have been made to them, or any of them, by the Executrix or by any other person or persons on r their behalf; 8. The Parties hereto, and each of them, hereby agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and each of the Parties hereto hereby agrees to be subject to the personal jurisdiction of the Commonwealth of Pennsylvania, Page 3 of 8 Court of Common Pleas of Cumberland County and its Courts for the purpose of enforcing this Agreement; 9. The Parties hereto, and each of them, hereby agree that this Agreement shall enure to the benefit of and shall be binding upon the Parties hereto, and each of them, their heirs, executors, administrators, personal representatives, successors, and assigns. IN WITNESS WHEREOF, and intending to be legally bound hereby, each of the Parties hereto has hereunto set their respective hands and seals the day, month, and year first above written. Date:05-a(o.a615 Margare . Sheaffer, Executrix t Date: O -0 aD(5 Margaret A. Sheaffer, Beneficiary Commonwealth of Pennsylvania c County of On this, the day of 2015; before me &0Y e A-(-�Qt�, the undersigned notary public, personally appeared Margaret A. Sheaffer, known to me (or satisfactorily proven), to e the person whose name is subscribed to the within instrument, and acknowledged that Margaret Ann Sheaffer executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals this day of 2015. v Notary Public wEatTMaF�n va A.101►NERAYE �ARYM e Page 4 of 8FECOMMI 111m p�1(fDi�f m"W OaU A COi M SS i ER2 201 ;z Date: `7 /P&°( do 1 S Richard Harry Sheaffer, B eficiary Commonwealth of Pennsylvania County of On this, the day of / 11acl 2015, before me the undersigned notary public, personally appeared Richard Harry Sheaffer, known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged that Richard Harry Sheaffer executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals this day of 2015. Notary Public G-- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SKYE R.FISHER,Notary Public S.Middleton Twp.,Cumberland County My Commission Expires Novembor 26,2016 Page 5 of 8 Date: /)I aures Randall Sheaff , Benefi ' y Commonwealth of Pennsylvania County of C U m be., l a n On this, the /f41 day of —moo 2015, before me r° , the undersigned notary public, personally appeared James Randall Sheaffer, known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged that James Randall Sheaffer executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals this day of 2015. (AMMONWWLTH Of PENNSYLVANIA Notarial Seal Kathy Lowe,Notary Public North Middleton Twp.,Cumberland county Notary Public hN corrnrrisslon Evires]une 2,2015 MEMBER,POINSYLVANTA ASSOQATlON OF NOTARIES Page 6 of 8 - - 0 QZ m4a p J Date: Catherine Ann Sheaffer, Benefic y State of Maine County of On this, the V-411- day of l4!Lq 2015, before me ,4�_, the undersigned notary public, personally appeared Catherine Ann Sheaffer, known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged that Catherine Ann Sheaffer executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals this day of M 2015. Notary Public Joyce M Lemieux Notary Public Maine My commission Expires May 23,2018 Page 7 of 8 Date: Nancy Ann Altman, Beneficiary Commonwealth of Virginia County of On this, the day of 2015, before me the undersigned notary public, personally appeared Nancy Ann Altman, known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged that Nancy Ann Altman executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals this ZOkh day of 2015. •��p,1.KERp '' .• F 'r �Cj.•'NOTARY''•�� Notary Public PUBLIC • -� REG#7612386 . MY COMMISSION n EXPIRES 2 ��•., 1113012018 .•�C� Page 8 of 8 FIRST AND FINAL ACCOUNT OF MARGARET ANN SHEAFFER EXECUTRIX OF THE ESTATE OF HAZEL S. DILLER,DECEASED Date of Death March 19, 2013 Date of Executor's Appointment April 9, 2013 Date of First Complete Advertisement April 30, 2013 Grant of Letters Accounting for the Period March 19, 2013 through April 1, 2015 Purpose of Account Margaret Ann Sheaffer, Executrix of the Estate of Hazel S. Diller, files this account to acquaint interested parties with the transactions that have occurred during her administration of the estate. The Account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or objections should be directed to and discussed with: Margaret A. Sheaffer 728 Laurel Lane Mechanicsburg, PA 17050 717-329-6203 Page I of 3 Receipts of Principal Cash—PSECU $6,940.72 Account number 8005814846 Receipts of Income Total Interest Income- PSECU 9.76 Account number 816361073 Total Receipts $6,950.48 Disbursements Funeral Expenses—food for funeral reception $1,163.24 Estate Administration Probate Fees—Register of wills $143.50 Cumberland County Law Journal - 75.00 Advertisement of Grant of Letters The Sentinel 95.66 Advertisement of Grant of Letters Taxes—Pennsylvania Inheritance Tax 137.30 Lifeways at Messiah Village 2, 412.63 Total Disbursements $ 4,027.33 Total Available for Disbursement $ 2,923.15 Page 2 of 3 SCHEDULE OF DISTRIBUTION Available'for Distribution TO: Margaret Ann Sheaffer One-fifth(1/5) share of net estate Total Distribution $584.63 Richard Harry Sheaffer One-fifth (1/5) share of net estate Total Distribution $584.63 James Randall Sheaffer One-fifth(1/5) share of net estate Total Distribution $584.63 Catherine Ann Sheaffer One-fifth(1/5) share of net estate. Total Distribution $584.63 Nancy Ann Altman One-fifth(1/5) share of net estate Total Distribution $584.63 Page 3 of 3