HomeMy WebLinkAbout10-27-06
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2006 OCT 27 PN /: 46
IN THE COURT OF CO:I!MM,.....r."L.,...~.'.:".J{..'.. ~..~~..~ F,"T CUMBERLAND COUNTY,
8.1" t:.Y'An~JA
ORP ' S' couaT'uWisION
IN RE: ESTATE OF ELIZABETH M. HILBERT
File No. 21-05-0037
FAMILY SETTLEMENT AGREEMENT
AND NOW, this t1t{ ~y of
, 2006, Edward T. Callahan
of 414 Ricky Road, Mechanicsburg, PAl 55, and Richard P. Callahan, of 1032 Country
Club Road, Camp Hill, P A 17011, being the two (2) sons of Elizabeth M. Hilbert and the
residual heirs of her estate, and that:
WHEREAS, Elizabeth M. Hilbert late of the Township of Upper Allen, County of
Cumberland and Commonwealth of Pennsylvania died testate, on December 29, 2004; and
WHEREAS, her Last Will and Testament dated August 8, 2003 was probated January
13,2005 in the office ofthe Register of Wills of Cumberland County to file No. 21-05-0037;
and
WHEREAS, Letters Testamentary were granted to Edward T. Callahan and Richard P.
Callahan, Executors named in said will; and
WHEREAS, the real estate known as 414 Ricky Road, Mechanicsburg, P A 17055
was not specifically devised, a description of the property marked Exhibit "A" is attached
hereto and make a part hereof; and
WHEREAS, Item III(a) of said will provided as follows:
ITEM III. I then order and direct my hereinafter named
Executors to distribute all the rest, residue and remainder of my
estate in the following manner:
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b) All the rest residue and reminder after payment of
debts and the aforementioned specific bequests shall be equally
divided between my tow sons, Edward T. Callahan and
Richard P. Callahan, per stirpes and not per capita.
WHEREAS, Edward T. Callahan and Richard P. Callahan, as heirs and Executors of
the Elizabeth M. Hilbert, do not wish to sell the property, but wish to retain ownership.
NOW THEREFORE, it is agreed by and between Edward T. Callahan and Richard P.
Callahan that they wish to receive said property as part of their respective distributive shares;
and
NOW THEREFORE, we, Edward T. Callahan and Richard P. Callahan, as heirs and
Executors of the Elizabeth M. Hilbert, request your Honorable Court to issue an order and
decree of distribution of said real estate to them to be held as tenants in common and not as,
joint tenants with right of survivorship.
IN WITNESS WHEREOF, we do hereby set our hands and seals the day and year
first above-written.
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Edward T. Callahan
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Richard P. Callahan
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF YORK
On this, the ;;l{, ~ day of
0l1Yh..L
, 2006, before me, the
undersigned officer, a Notary Public, personally appeared Edward T. Callahan and Richard
P. CaDahan sworn to me (or satisfactorily proven) to be the persons whose names are
subscribed to the within instrument and acknowledged that they executed the same for the
purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
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Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Narumol Alexander, Notary Public
. DiIlsburg Boro, York County
My Commission Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries
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, hereby certify that written notice of the filing ..'
this ACCOunt, and of the date, time and PlacE
when the same wfU be Pf'88ented to the Court
forconffrmation and of the _ day to fife writter
objections to said Account, has been given to
every unpajcJ cfaimant and to every other perSli
known to the 8OCOt.lntant to have or claim an
interest in the eetate as creditor. beneficiary
rleir or ext of ktn.
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I hereby certify that written notice of the flUng of thill
Statement of PfOpOeecf OtstrItluuon, and of the date,
time and place When lhe same wtI be presented to
the Court for cor.....aL, and of Ihe ,. day to file
written obj8dtona to ... 8I8Iement of PrQpOsed
Distribution, has been gIwn to every Ul'lpaid C/a/mani
and to 8\Iery other P8nIcn ~ to the accountant to
have or claim an Interest In the estate as creditor,
beneficiary, heir or next of kin.
A copy of said Statement was inclUded with the notice
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