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Home My WebLink About07-13-05 Law Offices Of CHRISTOPHER S. LUCAS LLC HEALTH CARE LAW AND GOVERNMENT RELATIONS www.lucasMallhlaw.com 220 Cumberland Parkway Suite 4 Mechanicsburg, PA 17055 Scott A. Lucas of Counsel Admitted in New York ChristopherS.Lucas Admitted in Pennsylvania and the District facsimile 717.691.3130 direct dial 717.691.0203 cs ltlcas(a"lucashealthlaw. C011.1 July 12,2005 Cumberland County Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Estate of Marie J. Devins (a.k.a. Marie J. McHugh); Cumberland County Register of Wills No. 21-05-0257 Dear Sir or Madam: Enclosed please find two originals and one copy of the Family Settlement Agreement for the Estate of Marie J. Devins, and a check for $20.00, the filing fee for a Family Settlement Agreement. Kindly time stamp the additional copy and return it to my office in the enclosed postage-paid envelope. Should you have any questions, please do not hesitate to contact me. Thank you. CR~ Christopher S. Lucas CSL/lmz Enclosures .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF MARIE J. DEVINS, DECEASED (DIED 12/06/2005) No. 21-05-0257 F AMIL Y SETTLEMENT AGREEMENT Filed on behalf of James K. Devins, Executor Counsel of Record for Estate: Christopher S. Lucas, Esq. Attorney ID# 77903 Law Offices of Christopher S. Lucas, LLC 220 Cumberland Parkway, Ste. 4 Mechanicsburg, P A 17055 (717) 691-0203 telephone (717) 691-3l30 facsimile 2 :?""'o 63::0 '.p :j2 (') .}"t;.r- ,-- '? fTl :~;~~ ,":JC)O (:.I:.::)-n (.~)C: : - :::J T<-i ~ ~ c:;, c;;:;> c.n <..... c:: r- w :0 rn C-:, c) = CJ f1'1 \-:.:J ~;~~ --rl c=s 0' f'n ;~_/""j ",.. ::E C> o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF MARIE 1. DEVINS, DECEASED (DIED 12/06/2005) No. 21-05-0257 F AMIL Y SETTLEMENT AGREEMENT This Family Settlement Agreement ("Agreement") is made the day of 2005, by and among James K. Devins, III, as Executor of the Estate of Marie J. Devins, and James K. Devins, III, as beneficiary of the said estate. BACKGROUND 1. Marie J. Devins, (Decedent), died on December 6, 2005, a resident of Lower Allen Township, Cumberland County, Pennsylvania, leaving a will dated January 7, 1964. 2. Decedent social security number is 186-16-7376. 3. On or about March 18,2005, Decedent's will was admitted to probate by the Register of Wills of Cumberland County. 4. On or about Aprilll, 2005, letters Testamentary were issued to James K. Devins, III, as Executor. 5. James K. Devins, III is the only child of Decedent. 6. James K. Devins, III constitutes all of the surviving heirs, issue, and/or legatees of Decedent. 7. On or about May 6, May 13, and May 20,2005, the Executor advertised the grant of letters Testamentary. 2 .. 8. On or about June 1,2005, the Executor prepared an Inventory and Accounting (Exhibit "1 "). 9. On or about June 1,2005, the Executor prepared and filed a Pennsylvania Inheritance Tax Return. The Pennsylvania Inheritance Tax Return for Decedent, reflecting all estate receipts, disbursements and distributions is annexed hereto as Exhibit "2." 10. The Executor has paid all the general legatees and all the taxes, debts and expenses of the estates known to him, and he has no knowledge of any unpaid claims, absolute or contingent, which may be asserted against the estates, nor does he have any reason to believe there are any such claims. 11. The net of Decedent's estate equals $67,699.82. (See Exhibit "1") 12. The Beneficiary acknowledges receipt from the Executor $67,699.82 in full and complete satisfaction of the beneficiary's rights under the Probate, Estates and Fiduciaries Code of Pennsylvania. 13. The Executor has completed the administration of the estate. AGREEMENT In consideration of the willingness of the Executor to distribute and terminate the estates in accordance with the terms of this agreement, without the protection afforded him by a formal adjudication of an Executor's account, James K. Devins, III, the undersigned beneficiary, individually and with respect to his heirs, personal representatives, successors and assigns, does hereby: 3 I. Desire that this Family Settlement Agreement make unnecessary the filing of an accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County in order to avoid the delay, expense and publicity of a formal court accounting; 2. Waive the filing of formal accounts of the administration of these estates, with respect to the income and principal thereof, in any court, which has jurisdiction, in particular, the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania; 3. Declare that I have examined the accounts and statements, which are attached hereto and incorporated herein, and find them to be true and correct in all particulars; understand that the distribution is still subject to the payment of certain administration expenses; accept and approve it with the same force and effect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such court which has jurisdiction over this estate, and, as if the balance of principal and income had been awarded by said court in accordance with this Agreement and the account and statement; 4. Warrant that I know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as set forth above; 5. Absolutely and irrevocably release and discharge the Executor, his attorneys, his personal representatives, heirs, successors and assigns from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law or negligent or careless act or omission by the Executor, in connection with the administration and distribution of assets shown in the statement, without a formal court accounting and adjudication; 6. Agree to refund to the Executor such part or all of the distributive share which has been distributed to me which may at any time be determined to have been an erroneous distribution to me regardless of the cause of such error, even if attributable to negligence; 4 ~ 7. Agree that any period of limitation of actions for the collection for any erroneous distribution to me shall commence only at such time as the Executor obtained actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Executor; 8. With respect to any distributions of income or principal, which I have received, or will receive upon execution of this agreement, agree to indemnify and hold harmless the Executor, his attorneys, his personal representatives, heirs, successors and assigns, from any liability, loss or expense (including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the Executor as a result of the administration of this estate or distribution in accordance with this agreement including, but not limited to, any liability for any federal and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 9. Understand that this Agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one original, 10. Acknowledge that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators and assigns, and; I 1. Agree that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. I acknowledge that I have been advised to review this Family Settlement Agreement with an attorney of my choice. 1 acknowledge that I have read this Agreement and represent that the facts set forth above are true and correct to the best of my knowledge, information and belief I further acknowledge that I am familiar with the provisions of the will of the Decedent. 5 ~ I acknowledge that I have been given the opportunity to review the books and records of the Executor, and based upon such opportunity or examination; I have determined that I have sufficient information to make an informed decision to waive my right to an accounting. IN Wh~NESS WHEREOF, we agree to be bound hereby and have signed this agreement this ill day of ~ ,2005..'1 ~ Witness:1<~~ () ,^ _ ~n~c.1J /~/h7./r'X'~-"'.zzT I ~v. ..-IX, i'ames K. Devins, III, beneficiary Rebecca~7~B'O;S Witness:~ ~ ~K~2ZT ames K. DeVInS, III, Executor MATIHEWDEAN STATE OF OHIO ~ COUNTY OF ~--~ i~fsscri~..,. i"-~;~:"'j~.if''''' ~"l', "'~ k. D.i.fJt'+-.J7IL & ) 1~~":o,:,~.;;:~!J ~ MYcom " eOfOhlo m sSlon Expires Apri/1, 2007 ~ ,,' -.~ .. 6 ! 1 ~ 1~\:O~~~~j 0