HomeMy WebLinkAbout09-02-15 (2) RECOPMED OFFICE OF
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IN RE: CU 1 C3 r- `;'. ,'. : :IN THE.tOURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ORPHANS' COURT DIVISION
GORDON W. COLEMAN,
No. 21-13-1096
Deceased
FAMILY SETTLEMENT AGREEMENT WAIVING FILING OF ACCOUNT
This instrument (hereinafter "Agreement"), executed this ON day of
2015, by and between DONALD G. COLEMAN, Executor of the Estate of
Gordon W. Coleman (hereinafter "Estate"), and DONALD G. COLEMEN and RICHARD G.
COLEMAN, beneficiaries of the Estate (hereinafter "Beneficiaries").
WITNESSETH:
WHEREAS, Gordon W. Coleman ("Decedent") died on October 9, 2013, having first
made and published his Last Will and Testament dated May 30, 1995, and his Codicil to the
Last Will and Testament dated July 31, 2008, in which he named Donald G. Coleman as
Executor (hereinafter "Executor"). A copy of said Will and Codicil was previously distributed
to the Executor and Beneficiaries; and,
WHEREAS, on October 15, 2013, said Will was duly probated by the Register of Wills
of Cumberland County, Pennsylvania, and Letters Testamentary granted thereon to Donald
G. Coleman, as Executor;
WHEREAS, the Decedent owned 1,350 shares of GRATZ NATIONAL BANK STOCK,
which will be distributed equally (675 shares) to each beneficiary within ten (10) days after
the signing of this Agreement, subject to the procedures of said bank.
WHEREAS, a representative for the specific charity named in Item II(A) of the Codicil
to the Last Will and Testament, MONAGHAN PRESBYTERIAN CHURCH, has executed an
Acknowledgment of Specific Monetary Bequest and General Release acknowledging receipt
of$5,000, the amount bequeathed to them, a copy of which is attached hereto as Exhibit A.
WHEREAS, Donald G. Coleman, Beneficiary, previously acknowledged his receipt of
$75,000.00, paid as a partial distribution of his individual share in the Estate. A true and correct copy
of his Acknowledgment of Specific Monetary Bequest is attached hereto as Exhibit B.
WHEREAS, Richard G. Coleman, Beneficiary, previously acknowledged his receipt of
$75,000.00, paid as a partial distribution of his individual share in the Estate. A true and correct copy
of his Acknowledgment of Specific Monetary Bequest is attached hereto as Exhibit C; and,
WHEREAS, the Executor has proceeded with the administration of the Estate,
prepared and filed a Pennsylvania Inheritance Tax Return, (subsequently approved), and
prepared a Statement of Account and Proposed Schedule of Distribution (hereinafter
collectively "Documents"), which will not be filed with this Agreement. A true and correct
copy of the Documents accompany but are not attached to this Agreement to maintain
privacy interests of the parties.
WHEREAS, in the interest of time and expense, the Beneficiaries agree that the
Executor shall not be required to file a First and Final Account and Schedule of Distribution
with the Orphans' Court of Cumberland County and that the net estate of the Decedent shall
be distributed in accordance with the Proposed Schedule of Distribution, provided separately
to the Beneficiaries, without the necessity of a formal filing. Distribution pursuant to the
terms of this Agreement shall have the same force and effect as if it had been filed and
confirmed by the Orphans' Court.
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NOW THEREFORE, the parties hereto, intending to be legally bound hereby and in
consideration of One Dollar ($1.00) and other valuable consideration, mutually agree as
follows:
1. The Executor shall not be required to file a First and Final Account and Petition for
Distribution with the Orphans' Court, acknowledging that they have received and fully and
carefully examined the Documents and that they find all of such to be true and correct, and
acceptable to the parties hereto and each of them.
2. All transactions referred to on pages one (1) and two (2) of this Agreement have
occurred or will occur as stated.
3. The Beneficiaries shall and do hereby release, remise and forever discharge
Donald G. Coleman, individually and as Executor of the Estate of Gordon W. Coleman,
Howard B. Krug, Esquire, and the law firm of Purcell, Krug & Haller, jointly and severally, as
well as their respective heirs, partners, employees, agents, successors, and assigns, of and
from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands
whatsoever which they or any of them or their legal representatives, heirs, successors, or
assigns may at any time hereafter have from, touching upon, or concerning any aspect of the
Estate, including but not limited to: governmental filings and taxes paid; any claim or interest
of, in, or to the Estate; or assets of Decedent; the preservation, retention, repair,
improvement, management, collection, categorization, sale or distribution of any Estate
asset; the receipt by the Estate of any asset, interest or item of income; and the assets sold
or proceeds paid out of the Estate to satisfy any debt from the date of death of the Decedent
to and including the date of this Agreement.
4. The Beneficiaries further shall and do hereby indemnify, defend and hold harmless
from all losses, costs, taxes, and expenses, including counsel fees to defend against any
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claim, Donald G. Coleman, Executor, Howard B. Krug, Esquire and the law firm of Purcell,
Krug & Haller, jointly and severally, including their respective heirs, partners, employees,
agents, successors and assigns, from any claim, action, liability, or demand asserted by any
person, firm, corporation, government agency, department or other entity with respect to or
concerning the Estate, directly or indirectly.
5. Since Beneficiaries have received all assets of the Estate, in the event any tax or
other liability arises against the Estate after the signing of this Agreement, Beneficiaries shall
be solely and equally responsible for satisfying same, including but not limited to any and all
income, gift, estate and inheritance taxes, liabilities, creditors', claims, demands, suits and
causes of action which may be successfully prosecuted, assessed or awarded against the
Estate.
6. This instrument is a full and final Family Settlement Agreement between the
beneficiaries, both fiduciary and individual, all of the same having been arrived at, concluded
and executed after a full and complete disclosure of the assets, debts, and expenses of the
Estate to the full satisfaction of the parties, and each of the parties fully understands the
meaning and effect of and agrees to all the terms of this Family Settlement Agreement.
7. The parties hereto, and each of them, agree that they will at all times in the future,
whenever necessary, make, execute and deliver to the Executor, or to any other person
authorized by the Executor, any and all instruments, documents, conveyances, deeds,
releases or other instruments of any kind needed to carry out the terms and intention of this
Agreement or to permit, assist or enable the Executor to fulfill his duties with reference to the
Estate and all of the assets thereof.
8. This Agreement constitutes the entire understanding among the parties hereto,
and each of them acknowledge that no representations or statements of any kind, written or
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oral, have been made to them prior to the date of their signing this Family Settlement
Agreement by the Executor, or by any other person acting upon his behalf not stated in this
Agreement. In any event, the terms of this Agreement shall supercede any prior verbal or
written representations or statements.
9. This Agreement shall enure to the benefit of and shall be legally binding upon the
parties hereto, and each of them, as well as their respective heirs, executors, administrators,
successors and assigns.
10. A modification or waiver of the provisions of this Agreement shall be effective only
if made with the same formality as this Agreement. The failure of any party to insist upon
strict performance of the provisions of this Agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
11. The Beneficiaries have been advised and understand that each has the right to
have this Agreement, Statement of Account and Schedule of Distribution reviewed by an
attorney or other professional of his choice, and each has either done so prior to the signing
of this Agreement or waived the right to so do.
12. This Agreement shall be.construed, interpreted and covered by the laws of the
Commonwealth of Pennsylvania, and where such law is inconsistent, the terms of this
instrument shall govern.
13. The original signature page and notarization on the respective agreements of
each Beneficiary may be removed and attached by the Executor to a single, identical
Agreement to be filed with the Court, avoiding the filing of two (2) individual copies of the
Agreement. The Documents need not be filed by the Executor with the Orphans' Court,
absent written demand by a Beneficiary made prior to his signing this Agreement.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands
and seals the day and year indicated on the respective notarizations.
WITNESS:
Donald G. Coleman, Executor of the
Last Will of Gordon W. Coleman
-
Donald G. Coleman, Individually as
Beneficiary
COMMONWEALTH OF PENNSYLVANIA
/� :SS
COUNTY OF � W L �"�Fi'
On this, the I1`aay of w at,1 , 2015, before me, a Notary Public, the undersigned officer;
personally appeared DONALD G. CO EMAN, Individually as Beneficiary and as Executor of the Estate of
Gordon W. Coleman, Deceased known to me (or satisfactorily proven)to be the person whose name is
subscribed to the within instrument, and _acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEkEOF, I have herel to set my hand and official seal.
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
David C.Serene,Notary Public
White Twp.,Indlana County
My Commission Explres Dec.17,1016
The undersigned hereby agrees to the Family Settlement Agreement Waiving Filing of Account,
the Statement of Account and the Proposed Schedule of Distribution both of which have been
attached to the Family Settlement Agreement. By my signature, I hereby agree to waive the filing
of the Statement of Account and Proposed Distribution as provided in the Family Settlement
Agreement, and agree to all of the terms of the Family Settlement Agreement and Documents.
Richard G. Coleman, Beneficiary
STATE OF TEXAS
:SS
COUNTY OF GALV Es-rotJ
On this, the 1�T"day of ALA&UST , 2015, before me, a Notary Public, the undersigned officer,
personally appeared RICHARD G. COLEMAN, known to me (or satisfactorily proven)to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I harunlo sit my han n official seal.
DIANA ISABEL SOTOLONGO otVy Pu C
My Commission Expires My Commission Expires: Fee) � 2016
February 8,2016
7
e
IN RE: : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF
GORDON W. COLEMAN : ORPHANS' COURT DIVISION
Deceased : No. 2013-1096
ACKNOWLEDGMENT OF SPECIFIC MONETARY BEQUEST
AND GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, THAT the undersigned Releasor
does hereby acknowledge that it has received from the ESTATE OF GORDON W.
COLEMAN, the sum of FIVE THOUSAND ($5,000) DOLLARS in satisfaction of all
sums of money owed, payable and belonging to it arising out of the specific monetary
bequest contained in Item I of Gordon W. Coleman's Codicil to Last Will and Testament
dated July 31, 2008.
AND, THEREFORE, the undersigned does release, quitclaim and forever
discharge the Estate of Gordon W. Coleman, the Executor, Donald G. Coleman,
Howard B. Krug, Esquire and the law firm of Purcell, Krug & Haller, Attorneys for the
Estate from all actions, suits, payments, claims and demands whatsover the Releaseor
may have.
IN WITNESS WHEREOF, Releasor has hereunto set its hand and seal the
day of , 2014.
onaghan Presbyterian Church
Sworn to and subscribed
before me this day COMMONWEALTH OF PENNSYLVANIA
Of J u , 2014. Notarial seal
Jamie E.Smith,Notary Public
Carroll Twp.,York County
My Commission,Expires July 27,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
Nota ublic
My Commission Expires: —7�,�L�
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XHIBIT
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+ T
IN RE: : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF GORDON W. COLEMAN : ORPHANS' COURT DIVISION
Deceased : No. 2013-1096
i
ACKNOWLEDGMENT OF RECEIPT AND GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, THAT the undersigned Releasor
does hereby acknowledge that he has received from the ESTATE OF GORDON W.
COLEMAN established in the Last Will &Testament of Gordon W. Coleman dated May
30, 1995 and the Codicil of Gordon W. Coleman dated July 31, 2008, the cash sum of
SEVENTY FIVE THOUSAND ($75,000) DOLLARS in partial satisfaction of the sum of
money to be distributed to him, pursuant to Item II of said Last Will and Testament and
Item III of said Codicil.
AND, THEREFORE,the undersigned does release, quitclaim and forever
discharge the Estate of Gordon W. Coleman, Donald G. Coleman, Individually and as
Executor of the Estate, Howard B. Krug, Esquire and the law firm of Purcell, Krug &
Haller, attorneys for the Estate, their partners, agents and employees from all actions,
suits, payments, claims and demands whatsoever the Releasor may have to the extent
of this cash payment.
IN WITNESS WHEREOF, Releasor has hereunto set his hand and seal the
A(D day of ',)b M,V)LK , 2014.
WITNESS:
Donald G. Coleman, Beneficiary
Sworn to and subscribed
before me this d((day
of ,�2�✓ , 2014.
NOTARIAL SEAL
JILLIAN STAATS
�,OtA ublic Notary Public
f BLAIRSVILLE BOROUGH,INDIANA COUNTY
ommissn Expires: ( ��� My Commission Expires Jan 28.2015
EXHIBIT
id
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF GORDON W. COLEMAN ORPHANS' COURT DIVISION
Deceased No. 2013-1096
ACKNOWLEDGMENT OF RECEIPT AND GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, THAT the undersigned Releasor
does hereby acknowledge that he has received from the ESTATE OF GORDON W.
COLEMAN established in the Last Will &Testament of Gordon W. Coleman dated May
30, 1995 and the Codicil of Gordon W. Coleman dated July 31, 2008, the cash sum of
SEVENTY FIVE THOUSAND ($75,000) DOLLARS in partial satisfaction of the sum of
money to be distributed to him, pursuant to Item 11 of said Last Will and Testament and
Item Ill of said Codicil.
AND, THEREFORE, the undersigned does release, quitclaim and forever
discharge the Estate of Gordon W. Coleman, Donald G. Coleman, Individually and as
Executor of the Estate, Howard B. Krug, Esquire and the law firm of Purcell, Krug &
Haller, attorneys for the Estate, their partners, agents and employees from all actions,
suits, payments, claims and demands whatsoever the Releasor may have to the extent
of this cash payment.
IN WITNESS WHEREOF, Releasor has hereunto set his hand and seal the
day of 12014.
WITNESS:
61V le�, -
Richard G. Coleman, Beneficiary
Sworn to and subsgjibed
before e this day
1201
before 6d 4.
s ay
orPublicetit 201
ry C14RISANDRA TROUTMAN.
Potf-a r y '
My Po"$81M ERfts
My Commission Expires: FOrmy 12,201#
EXHIBIT