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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
REGISTER OF WILLS
IN RE: ESTATE OF Eugene Richard Stoner
Deceased NO. 21-13-0464
STONER FAMILY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 8th day of August, 2015, by and between Edward L. Stoner,
individually and as Executor of the Estate of Eugene Richard Stoner, deceased and Edward L.
Stoner, Eugene R. Stoner, Jr., Dale R. Stoner and Trudy Ann Wertz, the heirs to the Estate.
WHEREAS, Eugene Richard Stoner, who resided at 2663 Spring Road, Carlisle, Cumberland
County, Pennsylvania, died testate on April 15, 2013, having left her Last Will and Testament dated
April 5, 2013, which was duly admitted to probate by the Register of Wills, Cumberland County,
Pennsylvania on April 24, 2013; and
WHEREAS, Edward L. Stoner has been duly appointed as Executor of the Estate of Eugene
Richard Stoner, deceased; and
WHEREAS, under the provisions of Article I of the Decedent's Will, his residuary Estate was given
to the following beneficiaries in the fractional shares set forth opposite their names:
Name Relationship Amount or share
Eugene Richard Stoner, Jr. Son One-fourth
Edward Lee Stoner Son One-fourth o rn M
70
Dale Roger Stoner Son One-fourth U0
Trudy Ann Wertz Daughter One-fourth rTj
m
WHEREAS, the parties acknowledge that the Executor has received the assets i6j3�4er:to m"ce thi T;
distributions set forth in the Last Will& Testament of the Estate of Eugene Richard,-Stoner,aFtopy�: ?'
of which is attached hereto as Exhibit"A" and made a part hereof. The accounting of the furl4s =- rn
which are part of the estate are likewise represented, and the parties approve thafthe funds have li�rq
properly accounted for in their entirety; and y
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 Account.
1. The parties hereto agree that the remaining balance of the Estate assets shall be distributed as
set forth in the Schedule of Distribution, attached hereto as Exhibit`B" including distribution of all
legacies and devises as therein set forth. Without intending to limit the rights or remedies of the
1
Executor,the parties further agree to indemnify him and hold him harmless against all liability, loss
and expense (including, but not limited to, costs and counsel fees) which Executor may incur,
whether due to the Executor's negligence or otherwise, as a result of making the above described
distributions without Court involvement, including a Court Audit.
2. The parties do further agree to indemnify and hold harmless Mark A. Mateya, Esquire and
with him Mateya Law Firm, P.C.; Counsel for the Estate, against all liability, loss, and expense
(including, but not limited to, costs and counsel fees) which they may incur, arising out of their
assistance in the administration of this Estate.
3. The beneficiaries authorize the Executor to reserve from the available balance, assets having
aggregate value of$4,000, as reflected in the'Schedule of Distribution attached hereto as Exhibit
"B". Following their receipt of the Estate Tax Closing Letter and payment of any Estate or
Inheritance Tax deficiency that may be assessed and any other proper expenses or liabilities of the
Estate of which the Executor shall receive notice by that time, including but not limited to any
outstanding balances due on Attorney's fees or Executor's Commission, or which may otherwise be
payable, the Executor shall distribute to the beneficiaries, in the proportion of their interest as set
forth herein above, and without further accounting, the balance of the reserve then remaining. Such
distribution will also include any funds received by the Executor/Executrix subsequent to the date to
which the schedule of distribution is stated.
4. The parties acknowledge that creditors of the Estate have one full year from the completion
of advertisement to present claims against the Estate, which date is passed. Should any.proper
liabilities of the Estate, whether for taxes or otherwise, arise or come to the attention of the Executor
or any of the parties hereafter,the beneficiaries agree to be jointly and severally liable therefore and
to refund, upon written demand of the Executor and Mateya Law Firm, P.C., any amount demanded
in writing by them, up to but not greater than the full amount of distributions they received or
hereafter receive from the Estate. The parties specifically consent and submit to the jurisdiction of
the Court of the Commonwealth of Pennsylvania in any action necessary to enforce this Agreement
and further agree that the venue for any action brought hereunder shall be in Cumberland County,
Pennsylvania.
5. The parties, and each of them,hereby forever fully release, compromise, settle and discharge
any and all claims, demands, actions or causes of action, legal or equitable, absolute or contingent,
vested or hereafter to accrue, which any of them may have against any other party hereto or against
the Estate of Richard Eugene Stoner, deceased, or the Executor thereof, by reason of any matter,
cause or thing growing out of or relating to any property or assets of said Estate or relating to acts of
the Executor in his/her administration of the Estate, even if attributable to negligence, and agree that
any period for the limitation of actions for the collections of any erroneous distribution or
distributions shall commence only at such time as the Executor shall have obtained actual knowledge
of such erroneous distribution or distributions and that in no event shall the period for collection of
any erroneous distribution or distributions be less than two (2) years after the actual discovery
thereof by the Executor.
6. The parties agree to execute such additional releases as the Executor may reasonably submit
2
to them in order to confirm their discharge from any further liability the parties in connection with
said Estate.
7. Each party to this Agreement acknowledges that this Agreement may be indexed and
recorded in the Estate proceedings and that the terms hereof shall be binding upon their respective
heirs, successor, administrators, and assigns.
8. The foregoing provisions which apply to the Executor shall apply also to any fiduciary whom
may be appointed in connection with the administration of the Estate or additional administration
which may be required in order to complete the administration of the Estate.
9. Each party acknowledges an additional agreement, referenced and made a part hereof,
attached here to and marked as addendum A, and that Addendum A modifies the Schedule of
Distribution, by agreement.
10. THE PARTIES' SIGNATURE HEREON SHALL FURTHER CONSTITUTE AN AWARD
AND SATISFACTION EVIDENCING RECEIPT OF THE BALANCE PAYABLE TO THEM
UNDER THE PROPOSED SCHEDULE OF DISTRIBUTION, AND ALL ADVANCED
DISTRIBUTIONS PAID TO THEM DURING ADMINISTRATION, AS REFLECTED IN THE
ACCOUNT ANNEXED HERETO AND DO HEREBY AUTHORIZE THE REGISTER OF WILLS
OF ANY COUNTY AND/OR THE ORPHANS' COURT OF ANY COUNTY TO ACCEPT THIS
FAMILY SETTLEMENT AGREEMENT BEARING THEIR SIGNATURE AS A
SATISFACTION OF AWARD FOR FILING PURPOSES.
11. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
Further, the parties submit to the jurisdiction of the Courts of the Commonwealth of Pennsylvania in
any dispute arising under this agreement or in any way relating to the administration of the within
estate and further agree that Cumberland County shall be the proper venue for any litigation arising
hereunder.
12. This Agreement may be executed in multiple counterparts and, shall be binding upon all the
parties, and their respective heirs,next of kin,personal representatives and assigns.
IN WITNESS THEREOF,the parties herein set their hands and seals on the day and year first
above-written.
I
Witness Edward L. Stoner, Individually and as Executor of the
Estate of Eugene Richard Stoner
3
COMMONWEALTH OF PENNSYLVANIA
l ��foM,� SS.
COUNTY OF �,, a..J.
On this, the_(2_day of k Ix s , 2015, before me, a Notary Public, personally appeared
Edward L. Stoner, Individually and as Executor of the Estate of Eugene Richard Stoner, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he/she executed the same for the purposes therein contained.
WITNESS my hand and official seal the day and year aforesaid.
Lc-
Notary Public
Cof1MONbVEALTH nF PENNSYLVANIA
Notarial Seal
Flora hi. Vogt, Notary Public
North Middleton Twp.,Cumberland County
My Commission Expires May 21, 2017
MEMBER,PENNSYLVAN]A ASSOCIATION of NOTARIES
4
I have reviewed the attached Family Settlement Agreement and Exhibits and agree to be
bound by its terms.
A�--ZAee 511,
Witness Euge Richard Stoner, Jr.
SWORN to and subscribed before me
this Any of , 20�
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Flora M. Vogt, Notary Public
North Middleton Twp.,Cumberland County
My Commission Expires May 21, 2017
MEMBER,PENNSYLVANIA.ASSOCIAP.ON OF NOTARIES
»1�
I have reviewed the attached Family Settlement Agreement and Exhibits and agree to be
bound by its terms.
4/a-- M t
Witness Edward Lee Stoner
SWORN to and subscri ed before me
this ay of , 201,�- .
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Flora M. Vogt, Notary Public
North Middleton Twp.,Cumberland County
My Commission Expires May 21, 2017
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
5
I have reviewed the attached Family Settlement Agreement and Exhibits and agree to be
bound by its terms.
tnp
Witness Dale Roger Stoner
SWORN to and subscri ed before me
this_ d of , 2015 COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Flora M. Vogt, Notary Public
North Middleton Twp.,Cumberland County
My Commission Expires May 21, 2017
MEMBER,PENNSYLVANIA ASSOCIATION OP NOTARIES
I have reviewed the attached Family Settlement Agreement and Exhibits and agree to be
bound by its terms.
Z-7-
Witdes-s /—/-udy�Wertz
or
SWORN to and subscri ed before me
this day s F , 201 .
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
ENoqh
ra M. Vogt, Notary Public
iddletonTwp.,Cumberland County
mmission Expires May 21, 2017
MEMBER,PENNSYLVANIA ASSOCIA170N— NOTARIES
6
LAST WILL AND TESTAMENT
OF
EUGENE R. STONER
1, EUGENE K STONER, of the 2663 Spring Road, Carlisle, Cumberland County,
Pennsylvania,make this MY will.I revoke any other wills or codicils to wills made by me.
ARTICLE I. DISTRIBUTION OF MY ESTATE
A. I give my tangible personal property to my children Eugene Richard Stoner,
Edward Lee Stoner, Dale Roger Stoner and Trudy Ann Wertz, share and share alike. Tangible
personal property includes stamp or coin collections but does not include other money or,stock
certificates or other evidences of intangible rights or interests. Tangible personal property does
not include any property that.is held primarily for investment purposes or used in connection
with any business in which I may be engaged or in which I may have any interest at the time of
my death.
B. I give the residue of my estate to my childrenEugene Richard Stoner, Edward
Lee Stoner,Dale Roger Stoner and Trudy Ann Wertz,per stirpes.
ARTICLE II. PAYMENT OF EXPENSES AND OTHER CHARGES
I desire a modest Christian funeral. I direct my Executor to pay my funeral and burial
expenses (including the cost of a monument or marker over my grave). The estate, inheritance
and similar taxes (including those not passing under this Will), assessable on my death shall also
be paid as a cost of administering my estate and my Executor shall not request any beneficiary to
Pay any part of such tax.
ARTICLE III. APPOINTMENT OF FIDUCIARIES AND POWERS
A. I name Edward L. Stoner to be my Executor. Should he fail-or cease to act, 11,
name Eugene R. Storner, to be my Executor (hereinafter "Executor"). If administration of my
estate should be necessary in any jurisdiction where my Executor is unable to qualify, or if my
Executor deems it necessary for any other reason, I give to my Executor the power to dosignate
any individual or corporation with trust powers to serve with my Executor or in my ExOutor's
stead. I request that no security be required of any Executor, including an Executoi named
pursuant to the preceding sentence. References in my will to my "Executor" are to the one or
ones acting at the time,except where otherwise specifically provided.
B. Any corporate Executor or Trustee shall receive for its services the compensation
for which it is willing toundertake similar services for others at the time such services are
.rendered, as evidenced by its published fee schedule in effect from time to time, unless it is
willing to agree upon afiee that is less than its customary .fee. Any individual who serves as
Pagel 00
Executor or Trustee shall be entitled to receive reasonable compensition for his.,or her services
and, whether or not such individual receives compensation,shall be entitled to bei.reimbursed for
expenses incurred for such services.
C. I grant my Executor and my Trustee the powers set forth in 20 Pa.C.S. §§3311-
3360 and 20-Pa.C.S. §§ 7771-7780 and §§ 8104-8105 respectively. In addition,*y Trustee may
merge any-trust under this will with any trust having the same trustee and substAntially the same.
dispositive provisions. My.Executor and my Trustee may distribute tangible personal property
passing to a minor to any adult person with whom the minor resides, and that person's receipt
shall be a sufficient voucher in the accounts of my Executor and my Trustee.
D_ It is my desire that my Executrix or alternate Executrix consult with Matcya.Law
Firm in the handling of my estate,they being familiar with my affairs.
ARTICLE IV. . DEFINITIONS
The following definitions-shall be applicable to all of the provisions of my Will except
where otherwise specifically stated:
1. The use of the masculine shall include the feminine or neuter and.the use of the
singular shall include the plural,and vice versa. . "
2. The term"estate,"where appropriate,shall include any trust hereunder.
3. The term ,minor" shall mean an individual who has not attained the age of
twenty-one years. Ok
Executed this day of _201
7
Eugene R. St6nqKj
Lo
Signed, sealed, published, and declared for and as his last will and by the testator in
our presence, we all being present at the same time; and we, in his presence and at his request
and in the presence of each other, have subscribed our names as witnesses whereof, all On the
date last above written.
OF
OF
Page 2 of 3
F -
COMMONWEALTH OF PENNSYLVANIA J
CUMBERLAND COUNTY,to wit:
Before me, the undersigned authority, on this date personally appeared Eugene R. Stoner, and
-?I ,and " A N A4 6Ty1,jtk known to me to be
the testator and witnesses,respectively,whose names are signed to the foregoing instrument and;
all of these persons being by me first duly sworn,Eugene R. Stoner,the testator,declared to me
and to the witnesses in my presence that said instrument is his last will and testament and that he
had willingly signed and executed din the presence of said witnesses as his free and voluntary
act for the purposes therein expressed, that said witnesses stated before me that the foregoing
will was executed and acknowledged by the testator as his last will and testament in the presence
of said witnesses who in his presence and at his request and in the presence of each other did
subscribe their names thereto as attesting witnesses on the day of the date of said will and that
the testator, at the time of the execution of said will,was-over the age of eighteen years and of
sound and disposing mind and memory.
Sworn and acknowledged before me by Eugene R. Stoner,the testator,
J, A.k- k A, i Ery A ,witness, and! l A v DA 6`l"a,i ne— ,witness,this
.qday of� — .200.
Eugene K Stoner I
Witness
Witness
Notary Public
Ciii iv tf tttiGfd e s:cni=P I'vs?--AMA
-1!�- 02 ar '-11 Sial
My commission expires: A.hun�l«,n,o�;jr n„bs�c
SQzth f'ltddleton:; .,Cumberland Cacnt f
MyCaO rjriIF�S"C.^, 2014
Pf ba,i3errs,, au�n
Of Notaries
S
f
Page 3 of 3
Exhibit B
Assets to be distributed:
Checking Account 8766
flowed into
Money Market Account MM7741 $318,307.23
Money Market Account Current Balance $254,578.98
Estate Checking Account 5913 (bottom Pg. i) $222,788.11
Estate Checking Account Current Balance $7,168.24
(This amount includes the $500 recently deposited)
(The amount shown on page 10 is $2,697.55)
Total Cash to be distributed : $261,757.22
Agreed upon value of the real property at 110 Creek Road is $165,000.00
The total amount of the undistributed probate estate is $426, 757.22
Deductions from that amount include the reserve of$4,000.00, the executor's
fee of$28,000.00.
The total distribution, allowing for interest or uncollected bank fees to `adjust'
these amounts slightly, and including 110 Creek Road, is $394,757.22
Each of the four beneficiaries' shares is equal to $98,689.30.
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ADDENDUM A TO STONER FAMILY SETTLEMENT AGREEMENT
WHEREAS, the beneficiaries of the estate of Eugene Richard Stoner wish to honor their
father's wishes and carry out the distribution of his estate as he laid out in his Last Will &
Testament, and
WHEREAS, the beneficiaries, by all signing the Stoner Family Settlement Agreement along
with this Addendum attached thereto, wish to be bound by the terms of this addendum as they are
bound to the terms of the Stoner Family Settlement Agreement, and
WHEREAS, the beneficiaries, all wishing to work together for the common good, and in the
interest thereof, state the following:
1. Eugene Richard Stoner, Edward Lee Stoner,Dale Roger Stoner and Trudy Ann Wertz
each acknowledge that each beneficiary is due an equal share of the estate of their father,
Eugene Richard Stoner.
2. The real property located at 110 Creek Road, Carlisle,PA, (hereinafter 110 Creek Road)
with a value agreed upon by all beneficiaries herein, which value is $165,000, is not able
to be subdivided, such that each of the four beneficiaries herein would be able to own an
equal one-fourth parcel of ground.
3. The real property located at 110 Creek Road should be kept as one parcel of land and not
subdivided in any manner.
4. Edward L. Stoner, one of the four beneficiaries, wishes to own 110 Creek Road.
5. All of the beneficiaries agree to Edward L. Stoner owning 110 Creek Road.
6. Intending to be legally bound, the undersigned agree to the following:
A. The Estate of Eugene Richard Stoner will convey 110 Creek Road to Edward L. Stoner, after
the arrangements for transfers according to B &C, below, are secured to the satisfaction of all four
beneficiaries of the estate.
B. Edward L. Stoner agrees to remit to Eugene Richard Stoner, Dale Roger Stoner and Trudy
Ann Wertz$22,103.58 each(3 x $22,103.58) in order to reduce his share of the estate from
$165,000.00 (the value of 110 Creek Road) to $98,689.30, upon terms agreeable to both Edward L.
Stoner and Eugene Richard Stoner, Edward L. Stoner and Dale Roger Stoner, and Edward L. Stoner
and Trudy Ann Wertz.
C. All four beneficiaries herein, Eugene Richard Stoner, Edward Lee Stoner, Dale Roger Stoner
and Trudy Ann Wertz must agree upon terms of remittance from Edward L. Stoner to each of the
other beneficiaries. If the beneficiaries do not all agree upon the terms for their individual remittance
within a reasonable time from the date of this writing, August 8, 2015, 110 Creek Road shall be sold
to any interested party by a reputable realtor and the proceeds thereof will be added to this Stoner
Family Settlement Agreement to be divided according to the Last Will &Testament of Eugene
Richard Stoner.
/� In I E Notarial Seal
lora M. Vogt, Notary rth Middleton Twp.,CumberMy Commission Expires May
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES