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Home My WebLink About08-23-06 I tv / 0 ' ~ V_,/.(_ (p FAMILY SETTLEMENT AND FINAL RELEASE IN THE ESTATE OF PATRICIA A. DUNCAN KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Patricia A. Duncan, late of Shiremanstown Borough, Cumberland County, Pennsylvania, deceased, died on July 27, 2005, having first made her Last Will and Testament, which was duly executed on June 13, 2005, and is duly recorded in Cumberland County, Pennsylvania, Estate No. 21-05-0726. WHEREAS, the said Patricia A. Duncan, by the aforesaid Last Will and Testament, named Gloria Dawn Johnson as the Executrix of said Last Will and Testament; and WHEREAS, Gloria Dawn Johnson was duly appointed by the Cumberland County Register of Wills as the Executrix of the Estate of Patricia A. Duncan on August 15,2005; and WHEREAS, the said Executrix has gathered the assets of the estate of the said decedent and the assets consist solely of personal property to a total value of $16,515.73, as set forth in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, the said Executrix has paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of $6,370.17, also as set forth in the statement of the said Executrix, which is attached hereto and made a part hereof, and marked Exhibit "B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Executrix there remains a balance for distribution in the Estate of Patricia A. Duncan of $9,795.56, as set forth more particularly in Exhibit "C" of the statement of the said Executrix, which as attached hereto and made a part hereof. NOW THEREFORE, KNOW YE, that we, Gloria Dawn Johnson, Executrix of the Estate of Patricia A. Duncan, and Delmar Alvin Duncan, Jr., Lisa Weibley, Timothy Alan Duncan, and Melissa Barrick, being all of the heirs under the Last Will and Testament of the said decedent, and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid Executrix, in f1.111 satisfaction and payment of all sum or sums of money, legacies, bequests, and devises as are given, devised and bequeathed to us by the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and consent to distribution being made without the filing of an account,#hd 1 " schedule of distribution, the same to be with the same force and effect as if it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County. THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said Executrix, her heirs, executors, administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute our share ofthe estate to satisfy any and all claims, demands, suits, or causes of action 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. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and its predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Executrix and the Estate of the Decedent. Each Beneficiary further agrees and covenants that, neither she, nor any other person, organization or other entity on her behalf will file, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Executrix and the Estate of the Decedent. [This space left intentionally blank.] 2 . 10 Jl- IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of July, 2006. WITNESS: ,~t~ u//, , t) ~~<-.J(\(..t '-t.-?ft..; Gloria Dawn Johnson, 4 .c;- ~u0--\ '-~ cutrix COMMONWEAL TH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND On this I 8th-day of July, 2006, before me, the undersigned officer, personally appeared GLORIA DAWN JOHNSON~known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. '~ ~~Vl~ l)C: DF THe 6SrA,-(i7 uP f~,llc..l..\- A. Du,.l c~ ,J IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~7""--'-' .. ......,. .r ~ // Notary p" l~c ~- - COMMONW -. Y At.lL Notarial Seal I Helen E. Ra~mussen. Notary Public I Camp Hill Bow. Cumberland C,)Unty IVly Commission Expires Aug. 2. 2007 I I Member. Pel'lnsylvania Association of Notaries 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of July, 2006. WITNESS: \=:'Le-L ,~~ ! L /:;;Ln,c<c~ U(2/<-//; Delmar Alvin Duncan, Jr. / COUNTY OF !/',/t/j,;Y;vSJo./'./ / / ~7 / /) -:2 ; -; / SS. /?-' J - (~/ '.- STATE OF MARYLAND On this )!J/ day of July, 2006, before me, the undersigned officer, personally appeared DELMAR ALVIN DUNCAN, JR., known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \ ~.~ I . 1 ./-) :;iy,/]~ L~_ ~~ Notary Public -b/2lik ~ UNDA D. FERREE NOTARY PUBlIC FREDERICK COUNTY STAlE OF MAIMAND MY COMM. EXP. 6-1-08 4 . '~~~Q0-\- IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of.J.ttfy;-' 2006. WITNESS: ~.ll kL~. . .~~ ~ \.0 ;_J~'d- Lisa Weibley _ COMMONWEAL TH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND k..JC"1..>.s-r- On this J!L.day 0~2006, before me, the undersigned officer, personally appeared LISA WEIBLEY, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand a:g,~cial seal. ff/" ./ /' /( w ':VAHIA . / V Notarial Seal . Joseph L. Grove, Notary Public Silver Spring Twp., C.umberland County My Commission Exp!rE1S June 18. 2009 Member. Pe"nsll..IIg,0;:r:;:';;":i3t\on of Notaries 5 } \ ~L IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of July, 2006. WITNESS: &~~~ ~ . (2CtttLJJV'\. /~~. ,-~ ~Lnn TimO='Duncan u.-' (.. ,"{'" [?2L:O________ COMMONWEAL TH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND On this ~ day of July, 2006, before me, the undersigned officer, personally appeared TIMOTHY ALAN DUNCAN, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTh OF PENNSYLVANiA ! Notarial Seal I Sharon E. Patterson. Notary Public Hampden Twp.. Cumberland County My Commission Expires Dec. 29, 2007 ~/~Jv~~ ~. ~'- otary Public ~'.'l'!e,r1ber, ppnp(-~il:'/-~{)::- L\'~<::'--f';-:C.~;-' .-.!, 6 / .s.-f- IN WITNESS WHEREOF, we have hereunto set our hands and seals this~ day of July, 2006. V{ITNESS: .^\ c~~\ \ , ''"'r"Yl-Y/) {\~~I'if)O ~ &=UJll'~, Melisse Barrick STATE OF SOUTH CAROLINA COUNTY OF /)0 f( fi. V . I SS. -Sf On this~J / day of July, 2006, before me, the undersigned officer, personally appeared MELISSE BARRICK, known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~;- Notary Public j !1 Y ~o )'-l~! 156 i o,1t) EX P' ;~{11..:T; ~IG J tf 7